The URL can be used to link to this page

Ord No 02-23-2453ORDINANCE NO. 02-23 -2453 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VIII. TRANSIT- ORIENTED DEVELOPMENT DISTRICT (TODD) OF THE LAND DEVELOPMENT CODE, INCLUDING SECTIONS 20-8.2 "DEFINITIONS," 20-8.3 "CREATION OF TODD SUBCATEGORIES," 20- 8.6 "SPECIAL PROVISIONS," 20-8.8 "PARKING," 20-8.9 "LARGE- SCALE DEVELOPMENT SPECIAL EXCEPTION," 20-8.10 "BONUS ALLOCATIONS," 20-8.14 "STREET ST AND ARDS," 20-8.16 "UNITY OF TITLE REQUIRED," AND 20-8.17 "REGULATING PLAN -GRAPHIC," AND CREATING A NEW SECTION 20-8.9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD (MU-M) DISTRICT," ALL TO MODIFY REQUIREMENTS, CRITERIA, AND APPROVAL PROCESSES FOR DEVELOPMENT WITHIN THE TRANSIT-ORIENTED DEVELOPMENT DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT-ORIENTED DEVELOPMENT DISTRICT (MIXED USE - MARKET) (TODD-MU-M); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. WHEREAS, Articl e V III, Section 2 of the Florid a Constitution, and Ch apter 166, Florida Statutes, provide municipalities with the authority to exercise any powe r for municipal purposes, except wh e re prohi bited by law , and to adopt o rdinances in f miherance of s uch authority ; and WHEREAS, the C ity Commission of the C ity of South Miami (the "Commission") find s it periodi cally necessary to amend its Code of Ordinances and Land Development Code ("Code") in order to update regulations and procedures to maintain consistency with state law and , through flexib l e and performance-oriented zoning regulations and inc entives, to impl ement municipal goals and objectives; and WHEREAS, the Commission is committed to address regu lations to increase predictability in development outcomes and improve zoning approval processes to support responsib le and well-placed development in high-intensity areas such as the Transit Oriented Development District ("TODD ") and the Hometown District; and WHEREAS, based on the Commission's indi cated goals and direction, the developers of the property located at 5850 SW 73 rd Street and 733 l SW 59th Avenue, the onl y property in the City z oned TODD -M ixed-Use Market (TODD-MU-M) have proposed a seri es of an1endme nts to the TODD reg ul ations in Article VIII. Trans it-Oriented Development Di strict (TODD) of the Code; and WHEREAS, s uch proposed am e ndments were reviewed and re v ised by City officials and staff and, fo llowing appropriate revi s ions, the City initiated a text amendment pursuant to Section 20-5.7 of the Code; and Page 1 of 3 Ord. No. 02-23-2453 WHEREAS, the Planning Board, sitting as the City's local planning agency in accordance with Chapter 163, Florida Statutes, reviewed the proposed amendments set forth in this ordinance at a duly noticed public hearing on February 14, 2023, and voted 6-0 to recommend approval to the City Commission; and WHEREAS, the City Commission held its first public hearing on the proposed code amendments on March 7, 2023, and, having complied with the notice requirements in the Florida Statutes, approved the proposed amendments on first reading; and WHEREAS, the City Commission has conducted a second duly noticed public hearing on the proposed code amendments as required by law on March 21, 2023 and further finds the proposed changes to the Code are necessary, consistent with the City's Comprehensive Plan, and in the best interest of the City and community. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Land Development Code Amended. Article VIII. Transit-Oriented Development District (TODD) of the Code, including Sections 20-8.2 "Definitions," 20- 8.3 "Creation of TODD Subcategories," 20-8.6 "Special Provisions," 20-8.8 "Parking," 20- 8.9 "Large-scale Development Special Exception," 20-8.10 "Bonus allocations," 20-8.14 "Street standards," 20-8.16 "Unity of Title Required," and 20-8.17 "Regulating Plan-Graphic," is hereby amended and a new Section 20-8.9.1 "Administrative Approval of Minor Modifications to an Approved Development within the TODD-(MUM) District" is hereby created, all as set forth in Exhibit "A" attached hereto. 1 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 for signature. Section 4. Codification. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the City's Land Development Code, and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word where necessary. 1 Coding: Sl:Fili:ed:IFeygh •Arerds are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted deubla aHJi11at;h,oup and double underline. Page 2 of3 Ord. No. 02-23-2453 Section 5. Severability. If any section, clause , sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutiona l by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Conflicts. That all ordinances or parts of ordinances resolutions or parts of resolutions , in conflict herewi th , are hereby repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. PASSED AND ADOPTED on First Reading this 7th day of March, 2023. PASS ED AND ADOPTED on Second Reading this 21 st day of March, 2023. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF //'- ~~ Weiss Serota Helfman Cole & Bierman , P.L. CITY ATTORNEY First Reading: Moved By: Commissioner Liebman Seconded By: Commissioner Calle Second and Final Reading: Moved By: Commissioner Liebman Seconded By: Commissioner Corey APPROVED: COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commission er Corey: Commissioner Liebman: Page 3 of 3 5-0 Yea Yea Yea Yea Yea Agenda Item No:6. City Commission Agenda Item Report Meeting Date: March 21, 2023 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VIII. TRANSIT-ORIENTED DEVELOPMENT DISTRICT (TODD) OF THE LAND DEVELOPMENT CODE, INCLUDING SECTIONS 20-8.2 “DEFINITIONS,” 20-8.3 “CREATION OF TODD SUBCATEGORIES,” 20-8.6 “SPECIAL PROVISIONS,” 20-8.8 “PARKING,” 20-8.9 “LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION,” 20-8.10 “BONUS ALLOCATIONS,” 20-8.14 “STREET STANDARDS,” 20-8.16 “UNITY OF TITLE REQUIRED,” AND 20-8.17 “REGULATING PLAN – GRAPHIC,” AND CREATING A NEW SECTION 20-8.9.1 “ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD (MU-M) DISTRICT,” ALL TO MODIFY REQUIREMENTS, CRITERIA, AND APPROVAL PROCESSES FOR DEVELOPMENT WITHIN THE TRANSIT-ORIENTED DEVELOPMENT DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT-ORIENTED DEVELOPMENT DISTRICT (MIXED USE – MARKET) (TODD-MU-M); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: TODD_MU-M_Text_Amendment_CM_Report_03212023rev.docx Ordinance_-_TODD_MUM_-_SR_3-21-21.docx Exhibit A Article VIII - Text - Proposed Amendment.docx TODD MU-M PB Legal Ad.pdf PB-23-002 Final PB Regular Meeting Minutes Excerpt - 2-14-2023.pdf MH Ad.pdf MDBR Ad.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: March 21, 2023 SUBJECT: TODD and TODD (MU-M) Land Development Code Text and Regulating Plan Amendments – Second Reading for Adoption ANORDINANCEOFTHECITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDAAMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 “SPECIAL PROVISIONS,” 20-8.8 “PARKING,” 20-8.9 “LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION,” 20-8.10 “BONUS ALLOCATIONS,” 20-8.14 “STREET STANDARDS,” 20-8.16 “UNITY OF TITLE REQUIRED,”AND20-8.17“REGULATINGPLAN–GRAPHIC” OFTHELANDDEVELOPMENTCODE, AND CREATING A NEW SECTION 20-8.9.1 “ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONSTOANAPPROVEDDEVELOPMENTWITHINTHETODDMU-MDISTRICT”OFTHE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE – MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS;CODIFICATION;SEVERABILITY;CONFLICTS;ANDANEFFECTIVEDATE. REQUESTS: The Applicant, The City of South Miami, is recommending adoption of the following: 1) Amending the definition of Building Height. 2) Amending or deleting certain general provisions found in the TODD (MU-M) District, such as deleting the requirement for affordable housing and clarifying the TODD parking requirements for Grocery Stores and exempting TODD (MU-M) zoned properties from the City’s Bird-Friendly Design requirements. 3) Amending the Large-Scale Development Special Exception process to extend the time to obtain ERPB approval and clarifying Development Agreement language. 4) Creating an Administrative Approval process for Minor Modifications to an Approved Development Order within the TODD MU-M. 5) Deleting Environmental Review and Preservation Board (ERPB) review for plazas and walkways and amending maximum permitted seating area requirement under TODD MU- M Bonus Allocations. 6) Amending site tree requirements. 7) Amending Regulating Plan. The proposed amendments to ARTICLE VIII. TRANSIT-ORIENTED DEVELOPMENT DISTRICT (TODD), Land Development Code are found in the Attached EXHIBIT “A”. 2 THE CITY OF PLEASANT LIVING City of South Miami TODD MU-M LDC Text Change – Second Reading March 21, 2023 Page 2 of 7 BACKGROUND: On June 4, 2019, the City Commission heard at first reading applications for the following: 1) Small Scale Map Amendment to the City’s Future Land Use Map to re-designate the Winn Dixie Site from Mixed-Use Commercial/Residential to Transit-Oriented Development District (TODD). 2) Text Amendments to the City’s Land Development Code, including Section 20-7.2 and Article VIII. 3) Map Amendment to the City’s Official Zoning Map to rezone the Winn-Dixie Site from Neighborhood Retail (NR) to Transit-Oriented Development District Mixed-Use 6 (TODD (MU-6)). 4) Large-Scale Development (greater than 40,000 sq. ft. and more than four stories) shall require a Special Exception approval by the City Commission. Prior to the City Commission second reading (adoption hearing), the Applicant requested a deferral of the applications The reason was to amend the application to revise the plans and to create a new Mixed Use – Market zoning subcategory in order to capture the uniqueness of the parcel as the City’s only marketplace. On May 19, 2020, the revised applications for Future Land Use Text and Map amendments, creation of the TODD MU-M Zoning District and rezoning of the property were heard and adopted. On June 27, 2022, the City received a request for administrative approval, otherwise known as a substantial compliance determination, for “South Miami Market”. This project, formerly known as the Winn Dixie site, is located at 5850 SW 73rd Street and 7331 SW 59th Avenue. The original Special Exception Approval for a Large-Scale Development was approved on June 2, 2020, through Resolution No. 050-20-15490. After review and consideration by City Staff and Consultants a Substantial Compliance Determination was issued on October 26, 2022. Currently, the only land zoned TODD (MU-M) in the city is a 1.9-acre property known as the Winn- Dixie Site. The property is bounded by SW 73rd Street to the north, SW 58th Court to the east, SW 74th Street to the south and SW 59th Avenue to the west. 3 City of South Miami TODD MU-M LDC Text Change – Second Reading March 21, 2023 Page 3 of 7 Current Zoning Map Figure 1 SURROUNDING AREA Surrounding land uses, zoning and FLUM designations Table 1 Land Use Zoning FLUM North Commercial Specialty Retail (SR) Mixed-Use Commercial/ Residential South Residential Medium Density Multi-Family (RM-24) Mixed-Use Commercial/ Residential East Commercial Specialty Retail (SR) Mixed-Use Commercial/ Residential West Commercial Specialty Retail (SR) Mixed-Use Commercial/ Residential LAND USE: Staff finds that the proposed application furthers the intent of and is consistent with the Comprehensive Plan and more specifically the following Goals, Objectives, and Policies: Future Land Use Element FLU GOAL 3 Transit-Oriented Development District (TODD) Provide for increased intensity of mixed-use projects and flexible building heights in designated Transit-Oriented Development Districts (TODD), to the extent that development and redevelopment in these districts does not adversely impact surrounding primarily residential neighborhoods and uses. FLU OBJECTIVE 3.1 Support higher densities and intensities in TODD 4 Legend J RS -1 EstaleResldenial RS-2 5oml-Estato Rcsklontlal RS-3 Low-Oensi!yReslderi.131 RS.A Single Family Re~enMI -RS-5 Single Family Re,i,;lenliat RT-6 TownhouH Rnide<llial RT-9 Two-Fllfflily/Townllouie RM-18 Low-Dons~y Multi-Fomily RM-24 Medium 001'1$11)' Mulll-Famlly RO Re-sidenlial01'".ce LO Low -lntemityOll".ce MO Med1um-ln1en$ity OffiQa NR NelghborhoodR.i..11 SR Sl»cia,yRtlall OR GonelllRola~ OS Downtown SoMI 5950 TOOO TranUOrlootlildC>e<,elopmentDl$lrlct Pl ,uo TOOO {MU-4) Mlxoa USO 4 TO OO (MU-5) Mixed Use 5 TOOO(MU-6)Ml><edllse6 TOOO (MU-M)Mlx~ Use /k.r~ TODO (Pl ) PuWc/ lnstilullon;il TOOO (PR) Palb & Rocroatiotl HM ... Publicfl11$tiurtional Religious Plffl<,&Raa..,l,on P!a.Med Unll 0-klpmen! PUO-R Rndtlntlill PUO-MMlxOOIJ50 5900 ,,/ J i!i ~ 5857 {u ij] i 5859 5829 5875 SW 74TH TER 5818 \ ~ SW 72 ~ 5801 City of South Miami TODD MU-M LDC Text Change – Second Reading March 21, 2023 Page 4 of 7 Support higher densities and intensities in the TODD areas to take advantage of the proximity of the Metrorail and create an area where residents can live and work in a pedestrian- oriented environment. FLU Policy 3.1.1 Pursue traffic policies, parking policies and pedestrian amenity policies that enhance the mass transit and town center functions. FLU GOAL 5 Revitalization of commercial areas outside of the Hometown District. To achieve revitalization and renewal of areas designated as redevelopment areas. Additionally, the application is in keeping with the Transit-Oriented Development District land use designation as it is intended to provide for the development of office and residential uses in a multi-story, mixed-use development that is characteristic of transit-oriented developments. Below is a comparison chart of proposed changes to the Code: ZONING COMPARISON CHART Existing TODD (MU-M) versus Proposed Development Standards Table 2 TODD (MU-M)TODD (MU-M) Proposed District/Project Description Residential Uses, Commercial Uses Residential Uses, Commercial Uses Density (DU’s/acre)50 (min.)50 (min.) Height (Feet)1-6 stories, 9 with bonuses/max 120 feet 1-8 stories, 10 with bonuses/130 feet Section 20-3.6(X) Bird-Friendly Design Required Exemption from Requirement Landscaping Regulated by Sec. 20-4.5 and 20-4.5.1 Regulated by Sec. 20-4.5, 20-4.5.1 and new 20-8.14 (A)(1)(a)i.a. Signage Master Plan Regulated by Sec. 20-4.3 Most signs approved administratively, others by ERPB Size limited by 20-4.3 No Change Parking Parking Requirements in both TODD and MU-M Clarifies Grocery Store Parking under TODD MU-M Environmental Review Preservation Board Required for Final Site Plan Required for Final Site Plan, except for Public Plaza Bonus Allocation Not required for modifications to an 5 City of South Miami TODD MU-M LDC Text Change – Second Reading March 21, 2023 Page 5 of 7 REVIEW PROCEDURE: 20-5.7 Rezoning and text amendments. (A)Multiple Properties.Multiple properties in any single application for a rezoning shall be contiguous to one another or accompanied by a unity of title agreement. (B)City Initiated Applications.An application for a rezoning or text amendment may be initiated by the city commission, planning board, environmental review and preservation board or city administration. (C)Intergovernmental Notice.When an application for a proposed rezoning involves a property located within five hundred (500) feet of the jurisdictional limits of the county or City of Coral Gables, notice of such application, specifying the date, time and place of any scheduled public hearings, shall be transmitted to the planning departments or governing bodies of said jurisdictions. (D)Rezoning Reapplication.No reapplication for a rezoning shall be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a change in zoning involving the same or substantially the same property, unless evidence is submitted to and accepted by the city commission which justifies such reconsideration. (E)Application Requirements.With the complete application, applicants shall also submit a letter of intent, a property survey by a registered surveyor and a document indicating the written sworn consent of the owners of at least seventy-five (75) percent of the subject property or persons with a contract to purchase conditioned on rezoning approval. Such consent may be given by duly authorized agents of owners and agency shall be evidenced by a proper written power of attorney. (F)Neighborhood Awareness.All applications for a rezoning shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. A notarized affidavit shall be presented to the Planning and Zoning Department within five (5) business days of submittal of an accepted application, attesting that the applicant gave notice of the proposed application to all the property owners within the noted five hundred (500) foot radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners, who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the notification letter together with copies of the Certified Mail receipts. The Applicant (City) has met the requirements of Section 20-5.7, as applicable. approved site plan where modifications meet certain criteria. See Sec. 20-8.9.1 6 City of South Miami TODD MU-M LDC Text Change – Second Reading March 21, 2023 Page 6 of 7 REQUESTS: The following City initiated requests are outlined below: REQUEST 1: Amend the definition of Building Height to measure from Finished Floor Elevation instead of Grade and define building height to roof slab, with allowances for up to an additional 20 feet for vertical circulation elements (Section 20-8.2 Definitions) REQUEST 2: Amending or deleting certain general provisions found in the MU-M District as follows: 1)Deleting provisions if grocery store remains vacant for two years, deleting provisions for Affordable Housing, clarifying definition of floor area for Grocery Store Space, clarifying the TODD parking requirements for Grocery Stores, deleting requirement that a parking enforcement covenant be executed, deleting requirements for Affordable Housing and prohibition to convert units to owner occupied units unless grocery store is developed with a thirty-year lease and increasing permitted building height (Section 20-8.3 Creation of TODD subcategories (A)(4)). 2)Exempting MU-M zoned properties from the City’s Bird-Friendly Design requirements (Section 20-8.6 Special provisions). REQUEST 3: Amending the Large-Scale Development Special Exception process as follows: Amending the timeframe in which to obtain approvals from the ERPB after Commission approval from one year to eighteen months, clarifying Development Agreement language including mitigation and revocation of a Development Agreement (Section 20-8.9). REQUEST 4: Creating an Administrative Approval process for Minor Modifications to an Approved Development Order within the TODD MU-M (New Section 20-8.9.1). REQUEST 5: Deleting ERPB review for plazas and walkways and amending maximum permitted seating area requirement under MU-M Bonus Allocations (Section 20-8.10 (C)). REQUEST 6: Amending site tree requirements to allow for off-site planting of trees (Section 20-8.14). REQUEST 7: Amending the Regulating Plan TODD Mixed-Use Market Height & Uses Graphic (Section 20- 8.17) 7 City of South Miami TODD MU-M LDC Text Change – Second Reading March 21, 2023 Page 7 of 7 EXISTING: TODD Mixed-Use Market (MU-M) Height & Uses Figure 2 PROPOSED: TODD Mixed-Use Market (MU-M) Height & Uses Figure 3 8 "' ::, "' t;; "' "' < ,. I ~ ::, ffi ! !S ,. 0 0 g Iii "' "' < ,. i w "' ::, ~ ! :i 0 0 0 ... PERMITTED USES ~ !ii ~ lg i ~n ih PERMITTED USES j ~d! I ~ ~ ;~ ~ 1d ROOFSlAJl HEIGHT & USES I ELENENTS• I FEATURES ABOVE ROOfS'-'8 ' I ;i t 9TH Fl. AU PERMITTED USES ~ I . ~, I ~ ~nm. ______ -~-~~1:~~~s ___________ _ ALL PERMITTED USES BALCON!ESJ\NO 1 FEATURESMAV 7THFL EXTEND TO THE 1 ·••. • PROPERn' LINE I:-\ 6TH Fl. .i, .. •-1 5TH Fl . FACEOFBLG. 8'-0"MIN._ I 4TH Fl AU PER MITTED USES AU PER MITTED USES ' ~ 'I' I B'-0-MIN. " /1 . SETBACK :l . c.L,r ~ AU PERMITTED USES 1·-FACE OF BLG. SETBACK ~\ t =F~------AU.P<RMITTED USES J ! ARCADE MAV I I AU PERMITTED USES ~ I CANOf'1 MAY CXTEND TO THE PROPERTY LINE AUl'ER MllTEOUSES ~~~~"~: -~· 2NOFL r -, 1· [IN A LARGE SCALE DEVELOMENT GROUND FLOOR RESIDENTIAL USES MAV NOT FRONT THE MAIN STREET] _cu_"_,-~l ~-,--GR~OO~N~D_Fl.~. ----------~-GRAD--E--,--~-,.•~ /·0-~ BUILDING DEPTH f -0"/ MIN . MIN. 3 ~ ~ r··- I I I I BALCONIES~ 1 =~~~~ I _ - FEATVRESMAY li FACEOFBLG. ~ 8'•0-MIN. SETBACKA ARCADE MAY EXTEND TO THE -._, PROPERTY LINE ( r Cl-"B .•·-o-J ~ MIN . HEIGHT & USES ~ ROOF SLAB -~ iii q !il ~ IJlW~------I Q!ljjl,.. ______ aTHFJ.. ______ All PERMITTED USES 7THFL. ______ All PERMITTED uses ' 5THFl. ______ ---------------------, I e·-o-M1N. d /I SETBACK All PERMITTED USES -r-L-f" n 5THFl. ______ --------------------- All PERMITTED USES 4THFl. ______ All PERMITTED uses 3ROFL. ______ 2NOFL. __________________________ _ AllPERMITTEOUSES 1111 A LARGE SCALE OEVELOMENT GROl.t-.O FLOOft RESIDENTIAL uses MAY NOT FRONT THE MA.Ill smeen ~OUND FL . .f FRSTFINISHFLOOftELEVAllON ; BUILDING DEPTH ~- MIN . FACEOFBLG CANOfY MAY EXTEND TO THE PROPERTY LNE ,r CURB al BUILDING SETBACK FRONT: 8'.0"MIN." SIDES: 8'-0-M!N." REAR: 8'-0.MlN." 'ARCADE & CANOPY MAY EX TENO TO THE PROPERTY LINE 'BALCONIES& FEATURES MAY EXTEND TO THE PROPERTY LINE ~ 9SH)ftlfS MAXIMUM WI BONUSES 6STOOIES MAXIMUMW/0 BONUSES 1sroo.Y MINIMUM auncw~Eill.!~I! FRONT; 5'.0-MIN " SIDES: 5'-0-MlN' REAR. 5'.0"M!N.' 'ARCADE & CANOPY MAY EXTEND TO THE PROPERTY LINE 'BAI.CONIES &FEATURES MAY EXTEND TO THE PROPERTY LINE ~ 10STORES MA)(IMIJM WI BONUSES OSTORIES MAXIMUMW/0 BONUSES 1STORY MINIMUM City of South Miami TODD MU-M LDC Text Change – Second Reading March 21, 2023 Page 8 of 7 ANALYSIS: Staff has reviewed the proposed changes to the referenced Land Development Code Sections and finds that the Planning Board may make a recommendation to the City Commission. Pursuant to Section 20-6.1 –Administrative entities, the City Commission may amendthe provisions of this Code. PREVIOUS ACTION: On February 14, 2023, the Planning Board held a Public hearing and voted six (6) to zero (0) to recommend Approval of the item to the City Commission. On March 7, 2023, the City Commission held the First Reading of the proposed Text Amendment and voted five (5) to zero (0) to approve the item on First Reading and schedule the item for Second Reading. RECOMMENDATION: It is recommended that the City Commission Adopt on Second Reading the proposed amendments to Sections 20-8.2 Definitions, 20-8.3 Creation of TODD Subcategories, 20-8.6 Special Provisions, 20-8.8 Parking, 20-8.9 Large-Scale Development Special Exception, 20-8.10 Bonus Allocations, 20-8.14 Street Standards, and 20-8.17 Regulating Plan Graphic of the Land Development Code, and creating a new Section 20-8.9.1 Administrative Approval of Minor Modifications to an Approved Development within the TODD MU-M District in the Land Development Code. Attachments 1) Draft Ordinance 2) Legal Ad 9 - LAND DEVELOPMENT CODE ARTICLE VIII. TRANSIT-ORIENTED DEVELOPMENT DISTRICT (TODD) South Miami, Florida, Land Development Code Created: 2021-08-25 13:25:31 [EST] (Supp. No. 24) Page 1 of 37 ARTICLE VIII. TRANSIT-ORIENTED DEVELOPMENT DISTRICT (TODD) 1 20-8.1 Purpose. The purpose and intent of this article is to maximize and support the presence of a dedicated mass transit center located within walking distance of the boundaries of the TODD. The maximum utilization of that facility will be achieved by surrounding this major mass transit facility with a zoning district that is designed to encourage a mix of high-intensity uses, particularly multi-family residential, retail, service and office uses. While this district provides for the continuation of existing light industrial uses, redevelopment for mixed-use purposes is encouraged throughout the TODD through flexible and performance-oriented zoning and other regulations and incentives. The strategic and limited expansion of the TODD into portions of the City's Hometown District Overlay (HD-OV), will promote responsible in-fill redevelopment. The TODD is intended to meet multiple goals: Promote efficiency of land use; reduce the combined housing and transportation costs for households by providing diversity of housing options and alternatives to automobile travel; support healthier lifestyles by facilitating a pattern of development that encourages walking, biking and transit use as part of everyday travel behaviors; decrease vehicle miles traveled (VMTs) and the volume of vehicular traffic; reduce the costs of delivering public services by encouraging infill and redevelopment; capitalize on and facilitate public investments in transit infrastructure; and provide convenience by establishing a harmonious mix of uses within a pedestrian-scaled and multimodal transportation-friendly environment. The TODD regulations are designed to encourage a strong base of diverse residential development, coupled with provisions for complementary retail services and local employment opportunities, all within acceptable walking distances. To accomplish these goals, the code facilitates intense new development and redevelopment, combined with a high-quality pedestrian environment that is achievable through a series of development bonuses and the application of strict design standards. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 17-20-2371, § 4, 6-2-20) 20-8.2 Definitions. Terms used throughout this article shall take their commonly accepted meaning unless otherwise defined in the Code. The definitions in this section shall only be used in this article. When there are conflicts between the Code and this section, this section shall control terms requiring interpretation specific to this article. The terms as used in this article shall have the following meaning: Accessway:A street or driveway which traverses a parcel providing access to an abutting street, alley, or other vehicular use area. Adult day care:Any non-residential facility, whether operated for profit or not, that supports the health, nutritional, social, and daily living needs of no less than three (3) adult persons in a professionally staffed, group setting. Adult day care facilities shall not offer overnight stays or medical treatment but provide basic services for part of the day only. Basic services include but are not limited to: Therapeutic programs; social and health activities and services; leisure activities; self-care training; nutritional services; and respite care. 1Editor's note(s)—Ord. No. 07-19-2320, § 2, adopted Feb. 26, 2019, changed the title of Art. VIII from Transit- Oriented Development District to Transit-Oriented Development District (TODD). 13 Created: 2021-08-25 13:25:29 [EST] (Supp. No. 24) Page 2 of 37 Affordable Housing is defined in Section 20-2.3. Alley:A twenty (20) feet to twenty-four (24) feet wide way providing access to the rear of lots and buildings. Arcade/colonnade:A covered, open-air walkway at standard sidewalk level attached to or integral with the building frontage; structure overhead is supported architecturally by columns or arches along the sidewalk; may extend beyond the build-to-line. These standards permit encroachment by habitable spaces on upper floors over any arcade along a City street, or elsewhere if approved by the entity controlling the right-of-way. Arcades and colonnades may extend beyond the minimum building setbacks when expressly permitted by the Regulating Plan Graphics set forth in Section 20-8.17. Artist studio:A space which is used by a maximum of two (2) individuals working on a professional basis in the fine or applied arts and in artisan-related crafts, such as painting, sculpting, pottery, small-scale metalworking, and similar activities. An artist is a person who is regularly engaged in and who derives a substantial portion of his/her annual income from the creation and sale of art. Building depth:The absolute distance between the outer wall surface of the building frontage and the outer wall surface of the rear wall of the building. Building frontage:The side of a building which faces the primary or main street. Build-to line:An alignment established a certain distance from the curb line to a line, along which the building shall be built. Front porches and handicap ramps shall be exempt from build-to line requirements, and must occur behind the property line. Building height:Building height shall be calculated as the vertical distance from grade the required Finished Floor elevation (F.F.E.) to the roof slab above the highest rooftop element or feature habitable floor. For purposes of calculating building height, elements and features, including, but not limited to, vertical circulation elements (such as stairs and, elevators, and elevator penthouse/overrides or mechanical rooms), illumination elements, chillers, mechanical space, mechanical structures, architectural features, parapets, and solar panels, attached to or serving structures, may extend above the roof slab of the highest habitable floor and are not to be counted toward the maximum permissible building height. Notwithstanding the foregoing, the height of these elements and features shall not exceed twenty (20) feet in height above the roof slab above the highest habitable floor. Additionally, communications equipment regulated by other Sections of this Code and Federal Statutes shall not be included in the calculation of building height. Fence line:The alignment along which fences, walls, or hedges shall be located. Ground floor area:The area on the ground occupied by a building, excluding arcades and colonnades. Historic building:A building that has been designated by the City of South Miami per the historic preservation portion of the Environmental Review and Preservation Board regulations. Light industrial use:Uses engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of such products. Light industry may include research and development activities as well as certain repair, restoration or refurbishing activities. Light industrial activities, as defined herein, do not produce noises, vibration, noxious fumes, or other hazardous byproducts perceivable beyond the property line, and it has limited auxiliary storage structures that are visually shielded from view from the street and from any residences. Live-work unit:A mixed-use unit that includes both residential and flex space which may be used for commercial, office, or small-scale/light manufacturing work activity. Separate entrances may be available for the live and work portions of the unit. Lot coverage:The percentage of the gross area of a given lot which contains buildings. Lot frontage:The property line adjacent to the primary or main street right-of-way. 14 Created: 2021-08-25 13:25:29 [EST] (Supp. No. 24) Page 3 of 37 Micro unit:A small studio apartment, typically less than three hundred fifty (350) square feet, with a fully functioning kitchen and bathroom and purpose-built to maximize the efficient use of space. Neighborhood convenience store:An establishment occupying less than four thousand (4,000) square feet of space in a mixed-use building, primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages and limited household supplies and hardware. There shall be no on-site preparation of ready-to-consume food or for consumption in the store. Neighborhood convenience stores may only be located on the ground floor of mixed-use buildings in the TODD (MU-5), TODD (MU-6), and TODD (MU-M) zoning sub-categories, and are for the convenience of the residents, employees and visitors of the building. A neighborhood convenience store does not have fuel pumps, nor does it offer fuel for motor vehicles, or automotive service items. Open yard space:The portion(s) of a lot free of buildings or impervious surfaces. Parking surface:An area designated for parking constructed with any of the following surfaces: turf block, gravel, brick, pavers, asphalt, or concrete. Plaza, open to the public:A privately-owned parcel of land that functions as part of the public realm and is open to members of the public. The area of a plaza may be defined by building frontages, street frontages, landscaping or walls. To promote civic engagement, a plaza may contain outdoor seating, outdoor dining, fountains, sculptures, and bicycle parking. Given the South Florida climate, the design elements and programming within a plaza may be movable or retractable to accommodate changing weather conditions. Small scale and custom manufacturing business:A business in which manufacturing, production and related services are done on a small or micro scale, with a dedicated production space of less than five thousand (5,000) square feet, using clean technologies and ten (10) or less employees, to meet specialized or individualized demands or cater to a small-volume market. Story: The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. All stories will be counted towards the maximum building height, but there is no limit on the height of a story. Workforce housing is defined in Section 20-2.3. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 07-17-2277, § 3, 4-4-17; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 15- 20-2369, § 4, 5-19-20; Ord. No. 17-20-2371, § 5, 6-2-20) 20-8.3 Creation of TODD subcategories. (A)For purpose of recognizing the existing patterns of land use, the need to encourage a logical mix of land uses, and the need to promote a higher density of uses together with practical development bonus opportunities, the following sub-categories (zones) are hereby created: (1)"TODD (MU-4)" Mixed Use 4 (2)"TODD (MU-5)" Mixed Use 5 (3)"TODD (MU-6)" Mixed-Use 6 (4)"TODD (MU-M)" Mixed-Use Market. All development in this district must have adequate grocery store space to attract a full service grocery store and a minimum of twenty thousand (20,000) square feet, exclusive of back of house areas, loading areas and common areas of the building, of ground floor devoted exclusively to a grocery store (Grocery Store Space). If the Grocery Store Space is vacant for more than two (2) years or if a grocery store is not feasible as determined in paragraph (f), ten percent (10%) of the dwelling units above the second floor must be Affordable Housing of which one half (½) 15 Created: 2021-08-25 13:25:29 [EST] (Supp. No. 24) Page 4 of 37 must be set aside for Low-Income Individuals and families and one half (½) must be set aside for Moderate-Income Individuals and Families. (a)If the owner decides to develop Affordable Housing, in lieu of Grocery Store Space, or if the Grocery Store Space remains vacant for more than two (2) years, or if a grocery store is not feasible as defined in paragraph (f), the owner must record a covenant running with the land, in form and substance approved by the City Attorney and City Manager, executed by the owner and binding upon the property owner, as well as all successors in interest and assigns, which complies with the Affordable Housing requirements of Section 20-4.9. In the event of a conflict between the provisions of Section 20-4.9 and this section, then the requirements of this section shall prevail. In addition, ten percent (10%) of all available units must be made available to Affordable Housing tenants and evenly made available among Low-Income Tenants and Moderate-Income Tenants to the greatest extent practicable. However, if after sixty (60) days of advertising the units as Affordable Housing there are insufficient qualified applicants to fill the Low-Income quota, the Owner may rent such unit to a qualified Moderate-Income Tenant. The Owner shall keep an updated inventory of all available types of units ("Inventory Application Form") which shall be presented to all residential rental applicants and the inventory shall be signed by the applicant to indicate the units made available and the unit chosen by the applicant. These signed inventory sheets shall be kept and maintained as a public record subject to inspection, but such records shall not be released without the appropriate redaction of exempt and/or confidential information. Owner will publicize openings in the Affordable Housing Residential Rental Units in a newspaper of general circulation including The Miami Herald and El Nuevo Herald, as well as in The Miami Times, and Community Newspaper - South Miami Edition. The floor area of Grocery Store Space includes: 1) areas accessible to the public during the grocery store’s business hours; and 2) limited access areas accessible only by grocery store employees necessary for the operation of a grocery store, these limited access areas include, but are not limited to, areas dedicated to the storage and preparation of food and non-food products, employee breakrooms, and management offices. (b)The term "grocery store," for the purposes of this subcategory, means a store retailing a general line of food and non-food grocery products, including dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and utilization. (c)Parking and Loading. i.A minimum of three (3) parking spaces for every one thousand (1,000) square feet of gross Grocery Store Space must be provided and reserved for grocery store patrons. ii.A development with Grocery Store Space shall be designed to include an internalized loading space for truck delivery and provides for a sufficient turning radius for delivery trucks given the size and the constraints of the abutting street. iii.Paragraphs i. and ii. shall take precedent prevail over other provisions in the TODD and Hometown District Overlay concerning parking. iv.The owner must execute a parking enforcement covenant running with the land approved by the City Attorney as to form and substance which shall remain in full force and effect for so long as the property is required, by this subsection, to have a grocery store use. The covenant must provide for City enforcement of the parking requirement of paragraph (c)i. above. (d)All garbage and trash containers must be maintained inside the building envelope. 16 Created: 2021-08-25 13:25:29 [EST] (Supp. No. 24) Page 5 of 37 (e)No use, other than a grocery store is allowed in the Grocery Store Space and until it is occupied by a grocery store it must remain vacant. However, the Grocery Store Space may be used for other commercial uses if: i.The the owner can prove to the satisfaction of a super majority of the City Commission by competent substantial evidence at a public hearing that such use is not feasible as defined in paragraph (f); and ii.The owner converts ten percent (10%) of its residential units above the second floor to Affordable Housing as defined in Section 20-2.3, as the existing leases expire, and records Affordable Housing covenant in accordance with Section 20-4.9 for such units. (f)A grocery store use, for the purposes of this paragraph, is not feasible if: i.The Owner has used its best efforts to locate a grocery store; and ii.No grocery store owner is ready, willing and able to lease the Grocery Store Space for a competitive grocery store rental (g)The Owner may not convert any of the residential units to owner occupied units (Converted Units) unless the Owner has developed Grocery Store Space and has a minimum thirty-year lease with a grocery store, which term includes any options of the store to renew the lease, or executes and records in the land records for Miami-Dade County a covenant running with the land, approved by the City Attorney as to form and substance, that requires the owner to: i.Set aside ten percent (10%) (Set Aside) of those Converted Units for sale to qualified Affordable Housing buyers (Qualified Buyer). A Qualified Buyer is someone who meets the requirements for a Miami-Dade County homebuyer loan program for Low-Income or Moderate-Income individuals and families as it existed on June 2, 2020, or as amended; ii.Restrict the conveyance of the Set Aside Converted Units to only Qualified Buyers; and iii.Include a deed restriction in the conveyance of Set Aside Converted Units that: a.Prohibits the reconveyance of said unit for fifteen (15) years, other than to another Qualified Buyer; and b.Requires, in the event of a foreclosure sale or the execution of a deed in lieu of foreclosure by a Qualified Buyer (hereinafter referred to as "Foreclosure Sale") and to the extent of any Qualified Buyer's equity in the Set Aside Converted Unit, the repayment of any grant, gift or other subsidy from a governmental entity used to pay for any of the closing costs, down payment or equity in the property (Government Subsidy). In the event of a Foreclosure Sale, so much of any excess proceeds that would otherwise be owed to the Qualified Buyer after the mortgage has been satisfied and any foreclosure judgment has been paid in full from the sale of the property or by agreement with the mortgagee, must be paid back to the governmental entity that provided the Government Subsidy until the subsidy is repaid in full. Nothing contained herein shall prevent Qualified Buyers from recovering their equity in the property that exceeds the Government Subsidy. (h)Grocery Store Lease Exception. The affordable housing provisions of these MU-M district regulations shall not apply if the owner and/or the developer: (1) presents the City Manager with a duly executed lease in recordable form with an initial lease term of twenty (20) years and providing at least two (2) lease extension periods of five (5) years each for the operation of a Grocery Store; (2) obtains a Certificate of Occupancy for the Grocery Store; and (3) obtains from the City a local business tax receipt for a grocery store. For clarity and for the avoidance of doubt, 17 Created: 2021-08-25 13:25:29 [EST] (Supp. No. 24) Page 6 of 37 once the owner developer satisfies conditions (1), (2), and (3) in the immediately preceding sentence, no affordable housing requirement of this or any other provisions of the City's Code or land development regulations shall thereafter attach to the property. In the event of a conflict between any regulation and this paragraph (h), the provisions of this paragraph (h) shall prevail. (5)"TODD (PI)" Public/Institutional. (6)"TODD (PR)" Parks and Recreation. (B)The boundaries of the Transit-Oriented Development District and the sub-categories shall be indicated on the City's Official Zoning Map and also shown on the Regulating Plan Graphic, as presented in Section 20- 8.17. (C)Permitted Uses: (1)There are five (5) use categories within the TODD district: Residential Uses, Commercial Uses, Light Industrial Uses, Public/Institutional and Parks and Recreation. (2)The uses permitted in each TODD sub-category shall be as follows: (a)TODD (MU-4): Residential Uses, Commercial Uses. (b)TODD (MU-5): Residential Uses, Commercial Uses. (c)TODD (MU-6): Residential Uses, Commercial Uses and certain Light Industrial Uses under specific conditions, including those existing (see Sections 20-3.3 and 20-8.7). (d)TODD (MU-M): Residential Uses, Commercial Uses. (e)TODD (PI): Public/Institutional which include schools, governmental facilities, utilities, churches and other similar uses, as well as all other uses permitted in the other TODD sub-categories. All uses in the TODD (PI), whether or not adopted from other TODD sub-categories, shall otherwise be in accordance with all the other development regulations of TODD (PI), unless the City Commission determines by special exception that the development regulations in the other TODD sub-category from which a permitted use was adopted should also apply to that use that was adopted in the TODD (PI). (f)TODD (PR): Public parks and open spaces. (3)Permitted uses are as expressly provided by this article, including those additional uses listed in the Permitted Use Schedule, Section 20-3.3(D). A description of the specific uses permitted in each of the major use categories is provided in Sections 20-8.4 through 20-8.7. (D)Permitted Building Heights: (a)TODD (MU-4): Two-story maximum, with the overall maximum building height twenty-eight (28) feet. (b)TODD (MU-5): Two-story minimum, four-story maximum; up to eight (8) stories with bonus per Section 20-8.10(A). Maximum height one hundred (100) feet. (c)TODD (MU-6): Four-story minimum, eight-story maximum, and up to twelve (12) stories through bonus per Section 20-8.10(B). Maximum height of one hundred fifty (150) feet. (d)TODD (MU-M): One story minimum, six (6) eight (8) stories maximum, and up to nine (9) ten (10) stories through bonus per Section 20-8.10(C). Maximum building height of one hundred twenty (120) one hundred thirty (130) feet. (e)TODD (PI): Building height compatible with surrounding districts. (f)TODD (PR): Public parks and open spaces. 18 Created: 2021-08-25 13:25:29 [EST] (Supp. No. 24) Page 7 of 37 (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 20-99-1694, § 2, 11-16-99; Ord. No. 18-15-2225, § 1, 8-18-15; Ord. No. 07-17-2277, § 4, 4-4-17; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 17-20-2371, § 6, 6-2-20; Ord. No. 35-20-2389, § 2, 12-1-20) 20-8.4 Residential use. The following residential uses are permitted in these zoning classifications that specify this category (Residential use) within the TODD. (A)Floor Area.The minimum floor area requirements for residential units shall be as specified below: Micro Units 290 square feet Efficiency/Studio 400 square feet One Bedroom 550 square feet Two Bedroom 700 square feet Three Bedroom 850 square feet (B)Density.As many units as can be provided with parking as required by Section 20-8.8. A minimum density of fifty (50) dwelling units per net acre shall be provided in the TODD (MU-5), TODD (MU-6), and TODD (MU-M) sub-categories. (C)Location. Residential uses are permissible on all floors as expressly illustrated in Section 20-8.17. While residential uses are permissible on the first floor of a vertically mixed-use building, their location is encouraged on upper floors. Pursuant to Section 20-8.9, residential uses are not permitted on the first floor of Large-Scale Developments within the portion of the building or development fronting on the main street. (D)All new residential, and mixed-use developments in the TODD (MU-5) and TODD (MU-6) subdistricts that include a residential component, must include Affordable Housing that is equal to or greater than ten percent (10%) of the new dwellings. The owner or the Developer shall record a covenant running with the land, the form of which must be approved by the City Attorney and City Manager, executed by the owner and binding upon the property owner, as well as all assigns and successors in interest, which complies with the Affordable Housing requirements of Section 20-4.9 in order to gain a bonus floor pursuant to Section 20-8.10, for Affordable Housing rentals. (E)Reserved. (F)The horizontal mixing of stand-alone residential developments and adjacent stand-alone nonresidential or nonresidential mixed-use developments is allowed in the TODD, but they must be well-integrated in terms of complementary uses, access and circulation, and compatible design. (G)Impact fees, as set forth in Section 7-3.2, shall be waived for the fraction of floor area devoted to Affordable Housing. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 15-20-2369, § 5, 5-19-20; Ord. No. 17- 20-2371, § 7, 6-2-20) 20-8.5 Commercial use. Commercial uses are permitted within the TODD as set forth below: (A)Uses.All approved permitted and special uses, as indicated in Section 20-3.3(D) under the subheadings "Business & Professional Services" and "Retail and Wholesale Trade." 19 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 8 of 37 (B)Location. Commercial uses are permitted on all floors as expressly illustrated in Section 20-8.17. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 25-01-1756, § 2, 10-2-01; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 14- 20-2368, § 2, 5-19-20; Ord. No. 17-20-2371, § 8, 6-2-20) 20-8.6 Special provisions. (A)All of the above uses are permitted on the first floor as well as successive floors. (B)No "drive-thru's" except for banks, are permitted. (C)Developments on lands zoned TODD (MU-M) shall be exempt from Section 20-3.6(X). (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 07-19-2320, § 2, 2-26-19) 20-8.7 Light industrial use. The following uses are permitted in this category provided they include the required parking for these uses: (A)All retail and wholesale trade uses as indicated in section 20-3.3. (B)Manufacturing and intensive uses, as indicated in section 20-3.3, provided that there is no outdoor storage of materials and products, all manufacturing, rebuilding, storing or renovating operations are carried on entirely within an enclosed building with appropriate ventilation, the operation does not produce any noises, vibration, noxious fumes or hazardous byproducts perceivable beyond the property line, and it has limited auxiliary storage structures that are visually shielded from view from the street and from any residences. (C)Special conditions. (1)Industrial uses are limited to the first floor of mixed-use buildings, and such floors shall have a height no greater than twenty (20) feet. (2)Light industrial uses that include retail or showrooms may be built to the sidewalk if such areas are fronting on major pedestrian streets. Loading docks shall be oriented to the rear or side of the site. (3)To minimize noise pollution of light industrial uses in mixed-use buildings, special attention must be given to wrapping pipes, sealing connections, shortening strategic floor spans, and using products like cork board and baffling to minimize the transmission of sound vertically and through ducts and chases. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 25-01-1756, § 3, 10-2-01; Ord. No. 07-19-2320, § 2, 2-26-19) 20-8.8 Parking. (A)TODD Parking Regulations.Parking in the TODD must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. All required parking is subject to the standards provided in Sections 20-3.3 and 20-4.4, except as otherwise provided for in this section. The vehicular parking requirement for developments within the Hometown District Overlay (HD-OV) on lands zoned TODD shall be calculated using the vehicular parking requirements of Sections 20-3.3 and 20-4.4. Notwithstanding the foregoing, developments on lands zoned TODD within the HD-OV shall remain subject to the bicycle parking requirements of this section. (B)General Regulations. 20 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 9 of 37 (1)All outside parking to be located at the rear of building if feasible, otherwise it must be located at the side of the building, in accordance with this section. (2)Where appropriate, unimproved rights-of-way adjacent to business property may be improved by the abutting property owner for credit towards the required minimum spaces by written agreement approved by the City Manager. The City Manager will determine if the installation of parking meters is warranted and appropriate for the area. (3)Properties that cannot provide the required number of spaces on-site or through the provision of off- site spaces pursuant to Section 20-8.8(B)(4) for a change to a use other than one that is medical in nature, shall purchase from the City monthly parking permits for the number of spaces that aren't provided on-site or through the provision of off-site spaces pursuant to Section 20-4.4(F). Proof of purchase of the permits shall be submitted at the time of application for and renewal of the Business Tax Receipt for the use(s) occupying the property. Failure to obtain the required permit(s) in any given month shall be treated as a violation of this Code pursuant to Section 20-6.3. New construction or expansions of the gross floor area of an existing building shall provide the required number of spaces pursuant to Section 20-3.3 and Section 20-4.4. The required number of off-street spaces may be reduced using either the Transit Oriented Development Reduction or the Shared Parking Study approach identified in Sec. 20-12.12(D) and (E). (4)Off-site parking is permitted in accordance with Section 20-4.4, except that the distance requirement shall be extended to any location within the boundaries of the TODD and a long-term lease may be substituted for the Unity of Title if the owner and the lessee, if any, agree to the revocation of any applicable business tax receipt if the lease expires or is terminated and no alternative and allowable off-site parking or on-site parking is provided for in accordance with this section. (5)Parking fees shall be permitted under this section. (6)No open-air storage of vehicles is permitted. (7)Parking for bicycles shall be provided in safe, convenient, accessible locations, and protected from the elements, if possible. Accessible routes shall be provided between the required bicycle parking and any public bicycle lanes, paths, or routes on adjacent streets. (8)In the case of a Large-Scale Developments (see Section 20-8.9), the City Commission may require space for bikeshare, rideshare, valet parking, shared parking, pick-up and drop-off by on-demand rides, and/or delivery services. (C)Required Parking by Use. Land Use Type Min. Max. Residential (per dwelling unit) Townhouse 1 2 Multifamily: Micro unit 0.50 1 Multifamily: Efficiency and one-bedroom apartment 0.75 1 Multifamily: 2+ bedrooms 1 2 Commercial/Retail (per 1,000 sq. ft. GFA) * * Office (per 1,000 sq. ft. GFA) * * Light Industrial (per 1,000 sq. ft. GFA) * * * See Schedule Section 20-3.3 and 20-4.4 and special requirements below. (1)Residential Use: 21 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 10 of 37 (a)Developers are encouraged to unbundle residential parking spaces and make them available for sale or rent separately from the residential units, particularly Affordable Housing Units. (b)Bicycle parking for multifamily residential uses shall be provided as follows: One bicycle parking space for every fifteen (15) vehicular parking spaces required for residential units. (c)Live-Work Units: The residential component shall be provided parking according to the type of unit as specified in Section 8.8(C) above, plus one space per each four hundred (400) square feet of work area. (2)Commercial/Retail Use: (a)In addition to vehicular parking: i.For commercial/retail uses with gross floor areas up to twenty thousand (20,000) square feet, one bicycle parking space shall be provided for every one thousand (1,000) square feet of commercial/retail gross floor area. ii.For commercial/retail uses with gross floor areas exceeding twenty thousand (20,000) square feet, one additional bicycle parking space shall be provided for every additional ten thousand (10,000) square feet of commercial/retail gross floor area or fraction thereof. iii.Hotels and motels shall provide a minimum of one-half (½) and a maximum of one bicycle parking spaces per hotel room, plus ten (10) bicycle parking spaces per every one thousand (1,000) square feet of gross floor area dedicated to meeting, restaurant and/or banquet space. iv.Adult day care facilities shall provide one bicycle parking space per every six (6) clients, up to five (5) bicycle parking spaces, thereafter one bicycle parking space per every ten (10) clients, plus a maximum of four (4) bicycle parking spaces per every one thousand (1,000) square feet of gross floor area dedicated to office use. In addition, one accessible passenger loading zone must be provided per every five thousand (5,000) square feet of gross floor area at these facilities. (3)Medical Office: One (1) space per two hundred (200) square feet. (4)Light Industrial: (a)No parking of vehicles in driveway at any time. (b)In any area with light industrial uses, any vehicle under repair must be stored inside buildings at all times. (c)For light industrial uses, any garage areas must be totally enclosed and have garage doors closed immediately before and immediately after a person, vehicle or equipment is entering or exiting the building. (5)Bicycle parking for commercial, office and light industrial uses: (a)Bicycle parking shall be provided based on the number of employees at the following ratios: i.Between zero (0) and five (5) employees: One (1) space. ii.Between six (6) and twenty (20) employees: Two (2) spaces. iii.Between twenty-one (21) and eight (80) employees: Six (6) spaces. iv.Over eighty (80) employees: One (1) space per every twenty (20) employees over eighty (80) or fraction thereof. (D)Garages in TODD (MU-5), TODD (MU-6), and TODD (MU-M). 22 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 11 of 37 (1)At the rear of the property the setback requirement for garages may be eliminated in these sub- categories only if the garage: (a)Abuts an existing garage; or (b)Abuts a permanent open space. (2)May face a side street but must have some fenestration or architectural treatment similar to the rest of the building. (3)Underground parking is defined as having more than sixty (60) percent of its structure below grade. (4)Garage structures must be designed or landscaped so as to either appear to be a floor of the building or obstructed from street view. (5)The ground floor on the sides facing any street may contain any uses indicated on the permitted ground floor uses in Sections 20-8.4 and 20-8.5 and as expressly illustrated in Section 20-8.17. Any exterior facing streets shall be designed to look similar to the facade of a commercial office building, unless amended by the City Commission via special use permit procedures. (6)Freestanding garages may only be allowed in TODD (MU-5), TODD (MU-6), and TODD (MU-M) sub- categories and may not exceed six (6) levels in height. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 14-07-1915, § 1, 6-5-07; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 13- 20-2367, § 2, 5-19-20; Ord. No. 14-20-2368, § 2, 5-19-20; Ord. No. 15-20-2369, § 6, 5-19-20; Ord. No. 17-20-2371, § 9, 6-2-20) 20-8.9 Large-scale development special exception. (A)All Large-scale Developments in the Transit Oriented Development District (TODD) must shall be a provide only one or more permitted uses that complies in compliance with all the required TODD conditions and standards as well as the conditions and standards set forth in this Ssection. Any alterations or additions to existing uses property or Development in the TODD that result in a building the Development meeting the definition of a Large-scale Development, must shall conform to the provisions of this Ssection 20-8.9. Existing heights of existing buildings and existing floors may remain in their current condition; however, additional floors, if authorized, may only be added if they are developed in accordance with this Ssection. (B)A Large-scale Development is defined as the development of any building site that is more than forty thousand (40,000) square feet or any development, as defined in Section 380.04, Florida Statutes (hereinafter referred to as "Development"), that is in excess of four (4) stories. A Large-scale Development must shall be reviewed by the Planning Board and it must be approved shall require approval by the City Commission as a Large-scale Development Special Exception (“Special Exception”). The computation of the size of the Development to determine if it is a Large-scale Development includes the square footage of an alteration or addition to an existing site and the square footage of the existing site that is being altered or to which an addition is being proposed. (1)The Site Plan of all Large-scale Developments must be reviewed and approved by the Environmental Review and Preservation Board ("ERPB") within one year eighteen (18) months of the City Commission's approval of the Large-scale Development Special Exception, or such other period approved by the City Commission and set forth in the Resolution approving the Special Exception (the "Site Plan Review Initiation Period"). The City Manager or City Commission may extend the Site Plan Review Initiation Period for one additional year or for some other amount of time as appropriate under the circumstances. An application for extension of the Site Plan Review Initiation Period of a Large- scale Development Special Exception must shall be filed sixty (60) days prior to the expiration of the Site Plan Review Initiation Period. 23 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 12 of 37 (2)A Large-scale Development Special Exception (Special Exception) is only shall be valid for eighteen (18) months unless a greater or such other period is approved by the City Commission during the approval process and set forth in the Resolution approving the Special Exception (the "Approval Term"). For purposes of calculating the Approval Term, the time period commences upon the date that a development order is rendered granting final Site Plan approval for the Large-sScale Development by the ERPB or the Planning and Zoning Department, whichever is later. An A legal, administrative, or judicial challenge to the development order that approves a Special Exception or the Site Plan relating thereto suspends shall toll the Approval Term until the conclusion of such challenge, including all appeals. The Approval Term is also suspended for delays arising from force majeure events. A force majeure event is an event that cannot be controlled by the Owner including state and federal declarations of natural emergencies that directly delay the project or an emergency that the City Commission finds to have delayed the project and that extends the time for development orders. The Special Exception is cancelled at the end of the Approval Term if the Owner fails to obtain a building permit for the primary structure or a demolition permit for any existing structure that is part of the Large-scale Development. Notwithstanding the foregoing, the City Manager or City Commission may extend the Approval Term of a Special Exception for one additional year or for some other amount of time as appropriate under the circumstances. An application for extension of the Approval Term of a Special Exception must shall be filed sixty (60) days prior to the expiration of the Approval Term. (3)A Any property designated as a Large-scale Development may have residential uses on the first floor, however, residential uses are not permitted on the first floor within that portion of the building, or development, that is fronting on the main street. The phrase "main street" means the street that abuts the property line of the building or development, and that which has the most traffic, as compared to any other street that abuts the property. (C)General Requirements. (1)The owner of the land on which a Large-scale Development is to be constructed and the developer of the project must shall enter into a Large-scale Development development agreement with the City (“Development Agreement”). after the Planning Board has made its recommendation and the The Development aAgreement must be approved shall require approval by the City Commission at a public hearing before the issuance of a building permit. The Development Agreement may include provisions to mitigate the impacts of the Large scale Development in addition to implementing any other requirements of this Land Development Code or the City Code, as may be amended. (2)The use for which the Large-scale Development is intended is specifically listed as a permitted use in the appropriate district column in the Permitted Use Schedule of the Land Development Code (Section 20-3.3(D), as may be amended), (3)The use complies with these general requirements and any other requirements that the City Commission may consider appropriate and necessary. (4)All such uses must shall comply with all requirements established in the appropriate TODD subzoning use district, as well as unless additional or more restrictive requirements are set forth herein below, or by the City Commission, or are included in a Development Agreement. (5)All such uses must be of a compatible and complementary nature with any existing or planned surrounding uses. The City Commission will shall determine the overall compatibility of the development with the existing or planned surrounding uses. (6)If during the review process it is determined that the Development, as proposed, will potentially cause adverse impact, the Planning and Zoning Department may recommend, and the City Commission may require as a condition of approval, remedial measures to eliminate or reduce, to the extent possible, 24 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 13 of 37 these impacts. Development projects that are recommended for remedial measures will not be required to submit a new application unless it is determined by the Planning and Zoning Department that the remedial changes would have the effect of increasing the density, FAR, or height of the Development, or if there is a change to the mix of uses which increases project trip generation more than ten percent (10%). Remedial measures may include, but are not limited to: i.Additional screening or buffering; ii.Additional landscaping; iii.Building orientation; iv.Relocation of proposed open space, or alteration of the use of such space; v.Pedestrian and bicycle safety and access; vi.Changes to ingress and egress; vii.Addressing traffic flow to and from the development to avoid intrusion on local streets in nearby single -family residential areas; or viii. Improvement of the streets adjacent to the project, if applicable. (D)Project Approval. (1)Required Conditions.Prior to approving a Large-scale Development, the City Commission must find that the development meets the requirements set forth in subsection (C) above and that it: (a)Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (b)Will not be detrimental to the public welfare, property, or improvements in the neighborhood; and (c)Complies with all other applicable Code provisions. (2)Additional Conditions.The City Commission may designate such additional requirements in connection with the approval of a Large-scale Development as will, in its opinion, assure that such development will conform to the foregoing requirements. (E)Reapplication for Development Review. If the City Commission disapproves of a Large-scale Development, no reapplication for the same, or substantially the same, project may be made within six (6) months of the date of final disapproval by the City Commission of the original application unless evidence is submitted and accepted by the City Commission that justifies such reconsideration. (F)No single Development within the TODD may shall contain a single permitted use, other than residential uses, that exceeds eighty thousand (80,000) square feet of gross floor area. (G)Where there is no minimum distance between adjacent buildings, nor a minimum building setback from a property line, one (1) of the following conditions must shall be met: (1)If the distance from the exterior wall to the property line is less than five (5) feet at any location, the applicant must provide the Planning Department with a copy of a maintenance easement that is acceptable to the City Attorney and that in favor of the adjacent property owner has given to the applicant; or (2)The structure shall be built on the property line and the owner shall give a maintenance easement to the adjacent property owner(s). (H)In no instance shall a roof overhang extend beyond the property line, except in the front of the building. 25 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 14 of 37 (I)The City Commission shall have the discretion to condition the granting of a Special Exception and memorialize such conditions in on an agreement a Development Agreement with the Applicant, in a form acceptable to the City, which shall include all of the conditions required for the granting of the Special Exception ("Large-scale Development Agreement"). As set forth in Section 20-8.9(C), the Development Agreement may include provisions to mitigate the impacts of the Large-scale Development in addition to implementing any other requirements of this Land Development Code or the City Code, as may be amended. The Large-scale Development Agreement, after it has been drafted by the City Attorney shall be subject to approval by the City Commission. A separate agreement or covenant ("Covenant") that provides for maintenance of common elements and any other condition specified as a prerequisite to approval of the Special Exception ("Maintenance Covenants"), subject to the approval of the City Attorney as to form and substance, shall be signed executed by the owner of the property in question. The Maintenance Covenant shall be treated as a covenant running with and binding the land upon which the Development is situated, and it shall be recorded in the land records of Miami-Dade County and, at the option of the City and if allowed by law, the Maintenance Covenant may be re-recorded when necessary or required to maintain, uninterrupted, the effectiveness of the covenant running with the land. The Covenant shall provide that the owner and his/her/its grantees, heirs, successors, and assigns ("Owner") shall comply with the Maintenance Covenants at the Owner's expense and without any cost to the City. (1)In the event that any special exception condition includes the development of any common areas ("Common Areas"), the Maintenance Covenant must shall include the following provisions: (a) Tthe Common Areas must shall continue in existence, as part of the structure and those Common Areas must shall be operated and maintained at the expense of the Owner of the property so long as the Development continues to exist, in whole or in part; (b)Tthe operation and maintenance of the Common Areas must shall include a provision for landscaping in accordance with an approved site and development plan, approved by the City Commission and the Environmental Review and Preservation Board, or as amended from time to time with approval of the City Commission, for the maintenance of the landscape as well as other maintenance services and private security protection of the Common Areas; (c)Tthe Owner shall continue, operate, and maintain the Common Areas in such a manner as to keep such areas in good order, clean, attractive, fully functional (subject to interruption for maintenance, repair, restoration, and renovation) and, generally, so as not to create a nuisance to owners, occupants and users of the adjacent land and surrounding areas and to the general public. (2)The Maintenance Covenant must shall define the phrase "continue, operate and maintain", as it applies to landscaping, to include, but not limit it be limited to, the following activities: (a)The monitoring of the landscape areas by a recognized landscape expert, acceptable to the City, and the preparation of reports by such expert certifying that the landscaping is in compliance or is not in compliance with the approved Landscape Plan and all provisions included in such plan pertaining to pruning, fertilizing and general maintenance; the reports must shall be prepared annually; and (b)The replacing of plants, trees, shrubs, or the like, at the Owner's sole expense, as determined by the landscape expert to be necessary in order for the landscaping to perpetually be in compliance with the Landscape Plan. (c)In the event that the City disagrees with the opinion of the landscape expert hired by the Owner, the City shall have the right to hire its own landscape expert whose decision shall be final. If the City's expert agrees with the expert hired by the Owner, the City shall pay the cost of its own expert, otherwise, the Owner shall pay the cost of the City's expert. (3)The Large-scale Development Agreement and the Maintenance Covenant must shall contain the following provision: 26 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 15 of 37 (a)In the event the Owner breaches its obligations under the Development Aagreement and/or the Maintenance Covenant ("a Default") and fails to cure the default from the City within thirty (30) days ("the Cure Period") after receiving written notice of the default or fails to use all due diligence in commencing the cure and in proceeding to effectuate the cure a fine will be assessed against the Owner as set forth below in this paragraph (a). If the Owner is unable to timely cure the default after receiving written notice, the Owner may request an extension of time from the City Commission which shall be granted ("Extended Cure Period") if the Owner presents upon presentation of substantial competent evidence establishing the Owner's good faith and due diligence, justifiable reasons for the delay and the amount of time needed to cure the default. In the event that the Owner fails to cure the default within the Cure Period, or within the Extended Cure Period, whichever is greater, a fine shall be assessed against the owner in the amount of one hundred fifty dollars ($150.00), or such amount as may be set forth in the City Fee Schedule, for each day the owner remains in default thereafter. If the Development is determined by the City Manager to be out of compliance for thirty (30) days after the Cure Period or Extended Cure Period, as applicable, the Development Agreement may be revoked by Resolution of the City Commission after a public hearing. (b)In the event that a fine is assessed against the Owner, or the City incurs any expense towards curing the Ddefault, the City shall have the right to file a lien, or a continuing special assessment lien, as may be applicable, against the property and file a lien foreclose action for the full amount of money incurred by the City for said expense as well as for any fine that has been assessed. The City's lien shall be perfected upon being recorded in the land records in Miami-Dade County, Florida and shall be of equal rank and dignity as the lien of City's ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the land in question, unless in conflict with state statutes or Miami-Dade County code. (c)The City shall have the right to proceed against the Owner to collect the above-described costs and expenses without resorting to a lien and/or lien foreclosure. The City's remedies shall include all those available in law or in equity, including injunctive relief. The exercise of one available remedy shall not be deemed a waiver of any other available remedy. (d)Invalidation of any of the covenants identified in Section 20-8.9, by judgment of court will shall not affect any of the other provisions of the Development Agreement and Maintenance Covenant, which must shall remain in full force and effect. In the event of a violation of the Large-scale Development Agreement or the Maintenance Covenant, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any future permits, and to refuse to make any inspections or grant any approvals, until such time as the Large-scale Development Agreement or the Maintenance Covenant are complied with. All rights, remedies and privileges granted pursuant to the Large-scale Development Agreement and/or Maintenance Covenant shall be deemed to be cumulative and the exercise of any one or more will not shall neither be deemed to constitute an election of remedies, nor will shall it preclude the party exercising the same from exercising such other additional rights, remedies, or privileges. (J)The term "Large-scale The Development Agreement", required by this as used in this Section 20-8.9, is not intended to mean a Development Agreement development agreement under as defined by F.S. §§ 163.3220—163.3243, as amended by the Florida Legislature (the “Development Agreement Statute”). Notwithstanding the foregoing, an applicant may seek that the Development Agreement be approved under the Development Agreement Statute provided the Development Agreement meets the requirements of this Section 20-8.9 and the Development Agreement Statute, is adopted pursuant to the Development Agreement Statute, and is subject to the requirements and remedies set forth in the Development Agreement Statute. 27 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 16 of 37 (K)This ordinance shall apply to all projects that commence the plan review process with the City's Planning and Zoning Department on or after May 16. 2012. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 20-99-1694, § 3, 11-16-99; Ord. No. 26-10-2051, § 1, 9-7-10; Ord. No. 13- 11-2086, § 1, 3-1-11; Ord. No. 08-12-2124, § 1, 6-5-12; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 17-20-2371, § 10, 6-2-20; Ord. No. 11-22-2432, § 2, 5-3-22) Editor's note(s)—Ord. No. 11-22-2432, § 2, adopted May 3, 2022, changed the title of § 20-8.9 from "Special exception" to read as herein set out. 20-8.9.1 Administrative Approval of Minor Modifications to an Approved Development within the TODD (MU-M) District The purpose of this section is to secure the ability of a property owner to make minor modifications to a previously approved development in the TODD (MU-M) district that was previously obtained through the public hearing process. The intent of this section is to establish the framework for a streamlined and expedited administrative approval process for specific minor modifications. Consistent with these stated intents and purposes, an application for a Minor Modification to an Approved Development may be reviewed and approved administratively in accordance with the procedures of this section. (A)Terms & Definitions. For purpose of this section the term “Approved Development” shall mean: A development within the TODD MU-M district which has received both 1) Special Exception for a Large- Scale Development approval following public hearings by the Planning Board and City Commission; and 2) Final Site Plan approval from the Environmental Review and Preservation Board. (B) Administrative Approval. An administrative approval of a Minor Modification shall constitute a final development order approval. For clarity, no further public hearing review or public hearing approval shall be required for an Approved Development to obtain administrative approval for a Minor Modification. (C)Minor Modification. An applicant shall have the right to make a modification or a series of modifications to an approved Final Site Plan prior to the issuance of a building permit, provided the proposed modifications, either individually or cumulatively conform with the following criteria: (1)Building Footprint. The ground floor building footprint shall not exceed the dimensions provided for in the approved Final Site Plan by more than three percent (3%) or five (five) feet in any horizontal direction, whichever is lesser. (2)Vehicular Circulation. The vehicular circulation shall not be materially altered from that vehicular circulation approved in the Final Site Plan. Notwithstanding the forgoing, minimal adjustments to the location of driveways of less than three (3) feet shall be deemed a Minor Modification. (3)Vehicular Parking. The number of on-site vehicular parking spaces provided may be modified so long as the total number of on-site vehicular parking spaces provided is consistent with all code requirements and is within five percent (5%) of the number provided in the approved Final Site Plan. (4)Exterior Architectural Features & Material Selections. Exterior architectural features and material selections may be modified so long as they are generally consistent with the architectural character, materials, and color palette in the approved Final Site Plan. 28 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 17 of 37 (5)Building Height. The overall building height may be modified by up to 10% of the previously approved building height so long as the building height does not exceed the permitted maximum building height of one hundred thirty (130) feet. (6)Residential Units. The number of residential units may be modified so long as the total number of residential units provided is within twenty percent (20%) of the number provided in the approved Final Site Plan. (D)Application & Approval Process. An applicant for a Minor Modification shall submit to the Planning and Zoning Department a proposed modified site plan and letter of intent outlining the proposed modifications. The Planning and Zoning Department shall review the modified site plan to the approved Final Site Plan for compliance with this section within thirty (30) days of submission. Following review, the Planning and Zoning Director (or his/her designee) shall submit a recommendation to the City Manager. Upon receipt of a recommendation of approval from the Planning and Zoning Department, the City Manager shall review and affix any conditions to an approval deemed expedient to further the intent of this Section 20-8.9 or to mitigate any additional impacts of the Minor Modification. If approved by the City Manager, the City Manager shall place a copy of the approved Site Plan with Minor Modification in the TODD MU-M district file. Notice of the administrative decision regarding the Minor Modification shall be posted on the City’s website within ten (10) days of the transmission of the recommendation of approval to the City Manager. (E)No Impact on Approval Term. Neither the application for, or the issuance of, a Minor Modification shall extend Special Exception validity periods, including specifically the Approval Term, established in Section 20-8.9. (F)Development Agreement Amendment. The City Manager and City Attorney shall review an application for a Minor Modification to determine if an amendment to a previously approved Development Agreement is warranted to address or modify additional conditions, to mitigate additional impacts of the project as modified by the Minor Modification. If such an amendment is warranted, the Minor Modification approval shall include a condition requiring an amendment to the Development Agreement, and the Applicant shall negotiate and pursue approval of the amendment subject to the process and requirements set forth in Section 20-8.9(I). 20-8.10 Bonus allocations. (A)TODD MU-5. Action Bonus For every one floor of residential use One additional floor of residential use provided the applicable parking requirement is met per Section 20- 8.8 For providing a public plaza—Minimum five thousand (5,000) square feet of contiguous area functionally and visually connected to pedestrian walkway system, including seating, lighting, and art work in a plaza setting One additional floor For developing the full frontage of the property with streetscape design connected to and usable as part of the public pedestrian walkway system including pedestrian amenities. The maximum change in level between any portion of a sidewalk shall be one-half One additional floor 29 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 18 of 37 (½) inch, and must be beveled, with a slope no greater than 1V:2H (2:1). For developing "cross-thru's" from an adjoining street to a public open space as part of the public pedestrian walk system, on owner's property (maintenance required in Section 20-8.15) One additional floor (B)TODD MU-6. Action Bonus For providing, in the residential component of a mixed-use building or in a stand-alone residential building (in addition to the minimum required ten percent (10%)), an additional five percent (5%) of Low- income Units or Very Low-Income Units and five percent (5%) Moderate-Income Units Four (4) additional floors of residential, provided the applicable parking requirement is met per Section 20- 8.8 and the covenant required by Section 20-8.4 includes the additional Affordable Housing. Affordable Housing units delivered for bonus floors are exempt from meeting the parking requirement. For assembling a minimum of one acre of contiguous land to make up a larger redevelopment site and joined by a Unity of Title One additional floor* For buildings that have an office or commercial component that provide onsite bicycle amenities including at least three (3) of the following features: * secure bike parking room (in addition to bike racks that may be required); * bike repair stations (accessible to occupants and guests and may be outside if covered) or repair room (may be included in bike parking room); * bike wash stations (accessible to occupants and guests and may be outside if covered); * showers and locker/change room for employees and commercial invitees; * availability of loaner bicycles for building residents and employees One additional floor* For providing a public square, plaza or green space of at least seven thousand five hundred (7,500) square feet of contiguous area, functionally and visually connected to the pedestrian walkway system and designed with the following minimum amenities: Benches, shade (trees and structures), play and/or exercise areas, and water stations. One additional floor* 30 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 19 of 37 * This bonus can be requested only once per project but may be requested in combination with the other two (2) listed in this section with an asterisk to obtain up to three (3) bonus floors. (C)TODD (MU-M). Action Bonus When the property is developed with Grocery Store Space, for every one floor of residential use with ten percent (10%) of the units dedicated to Affordable Housing of which one-half (½) are for Very-low to Low Income individuals and families and one-half (½) are for Moderate Income individuals and families. One additional floor of residential use at market rate* When the property is developed without Grocery Store Space, for every one floor of residential use with fifteen (15%) of the units dedicated to Affordable Housing of which one-half (½) are for Very-low to Low income individuals and families and one-half (½) are for moderate income individuals and families. One additional floor of residential use at market rate* For providing a plaza, open to the public of at least five thousand (5,000) square feet of contiguous area functionally and visually connected to pedestrian walkway system, including seating, lighting, and artwork. A building permit will not be issued for the extra floor without approval of the plaza and walkway system by the ERPB.** One additional floor For developing the full frontage of the property with streetscape design connected to and useable as part of the public pedestrian walkway system including pedestrian amenities. The maximum change in level between the portion of a sidewalk shall be one-half (½) inch and must be beveled, with a slope no greater than 1V:2H (2:1). A building permit will not be issued for the extra floor without approval of the streetscape, walkway system and amenities by the ERPB One additional floor For assembling a minimum of one acre of contiguous land to make up a larger redevelopment site and joined by a Unity of Title. One additional floor* For buildings that have an office or commercial component that provide onsite bicycle amenities including one male and one female changing room and lockers to accommodate one commercial occupant and commercial employees for every one thousand (1,000) square feet of commercial gfa and to have at least three (3) of the following features: One additional floor* (a) Secure bike parking room with a minimum capacity (in addition to bike racks that may be required) to accommodate one bike for every five (5) residential units and one bike for every one thousand (1,000) square feet of commercial gfa. 31 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 20 of 37 (b) Bike repair stations (accessible to occupants and guests and may be outside if covered) or repair room (may be included in bike parking room); (c) Bike wash stations (accessible to occupants and guests and may be outside if covered); (d) Availability of loaner bicycles for building residents and employees sufficient to meet the demand for loaner bicycles and such availability shall be posted in a location that is open and obvious to all occupants of the building. * This bonus can be requested only once per project but may be requested in combination with the other four (4) listed in this section with an asterisk to obtain up to three (3) bonus floors. ** No more than thirty fifty percent (30%50%) of the first five thousand (5,000) square feet may be made available for outside seating allocated to the market or a restaurant use. If the owner wants to create a larger plaza, it may allocate one hundred percent (100%) that additional space to the market or a restaurant use. (D)Buildings developed in the MU-6 subdistrict may be built up to twelve (12) stories without applying for bonuses if the entire building is devoted to Affordable Housing, as defined in Section 20-2.3. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 18-06-1887, § 4, 8-1-06; Ord. No. 30-08-1965, § 4, 8-5-08; Ord. No. 07- 19-2320, § 2, 2-26-19; Ord. No. 15-20-2369, § 7, 5-19-20; Ord. No. 17-20-2371, § 11, 6-2-20) Note—Ord. No. 15-07-1816, § 4, adopted June 5, 2007, modified the provisions of § 20-8.10 by eliminating the parking reductions and parking bonuses for developments with the boundaries of the Transit Oriented Development District for a period of nine months for the purpose of evaluating the effects and appropriateness of these provisions on future developments within the TODD district. 20-8.11 Regulating plan—Intent. The Regulating plan—Graphic set forth in Section 20-8.17 is a visual site-specific and site design representation of the TODD Regulations. For lots abutting each roadway and alleyway, information is shown graphically such as: Location and dimensions of build-to lines; locations where arcades over sidewalk are required, and representative locations where arcades are permitted but optional; locations for alleys or rear accessways, and curbs. For those properties that back up to public open space or an easement, buildings may be built to within five (5) feet of the rear property or easement line. A graphic representation of the regulating plan is presented in Section 20-8.17. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 07-19-2320, § 2, 2-26-19) 20-8.12 Architectural standards—Intent. The Architectural Standards are pre-approved and are intended to provide a degree of predictability about the quality of building designs and to promote harmony among buildings without requiring an appearance before and approval by a review board for every project. Applicants with projects which conform to these standards may obtain approval from the Planning and Zoning Department staff without appearing before ERPB; however, the applicant may appear before ERPB, at the applicant's discretion. Every permissible architectural option is not described herein; other options may be approved by ERPB. Wherever these Architectural Standards may conflict with the City of South Miami Land Development Code, these Architectural Standards must apply for properties within the TODD. 32 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 21 of 37 The lists of permitted materials and configurations come from study of traditional buildings found in South Florida and have been selected for their appropriateness to the visual environment and climate. A primary goal for the Architectural Standards is authenticity. The standards encourage construction which is straightforward and functional, and which draws its ornament and variety from the traditional assembly of genuine materials. Good site planning and street relationship; use of authentic materials; and contextuality of design elements and styles are some of the principles encouraged to ensure an attractive and tasteful aesthetic image for the neighborhood. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 07-19-2320, § 2, 2-26-19) 20-8.13 Architectural standards—General requirements. All construction must comply with The Florida Building Code, the latest edition, as amended. (A)The general requirements shall be the same as those specified in sections 20-7.16 through 20-7.25. (B)Green Buildings. (1)Definitions.The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning, or as may be amended from time to time: Construction means any project associated with the creation, development, or erection of any structure required to comply with this article. Enhanced stormwater quality and quantity improvements means projects that augment water quality and quantity by: Reducing polluted runoff; advancing groundwater recharge, soil infiltration and erosion control; and restoring habitat. Environmental monitoring means periodic or continuous surveillance or testing to determine the level of compliance required by the Environmental Protection Agency (EPA), Florida Department of Environmental Protection (DEP), or Miami-Dade County Department of Regulatory and Environmental Resources (RER) and/or pollutant levels in various media (air, soil, water) or biota, as well as to derive knowledge from this process. Examples of environmental monitoring include but are not limited to: Water quality sampling and monitoring, groundwater testing and monitoring, and habitat monitoring. Environmental remediation means clean-up of, or mitigation for, air, soil or water contamination for which the City is legally responsible for environmental clean-up or mitigation. Environmental restoration means the return of an ecosystem to a close approximation of its condition prior to disturbance. FGBC means the Florida Green Building Coalition. Green infrastructure means both the natural environment and engineered systems to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife. Green infrastructure uses vegetation, soils, and natural processes to manage natural resources and create healthier urban environments. Examples of green infrastructure practices include but are not limited to: Right-of-way bio-swales, green roofs, blue roofs, rain gardens, permeable pavements, infiltration planters, trees and tree boxes, rainwater harvesting systems. Green building means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems and materials. 33 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 22 of 37 Green building certification agency means the United States Green Building Code (USGBC) or the International Living Future Institute, as may be selected by the eligible participants. International Living Future Institute means a non-profit organization that created an international sustainable building certification program called The Living Building Challenge. Certification types include living building certification, petals certification and net zero energy building certification. LEED means an effective edition of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System for Building Design and Construction or Homes, as applicable, of the United States Green Building Council (USGBC). Project means any construction associated with the creation, development or erection of any building required to comply with this article. Scorecard means a guide provided by the green building certification agency to assist in determining the total project score and achievable credits and level of certification at the inception of a green building, as provided under this article. USGBC means the United States Green Building Council. (2)Intent and purpose.The purpose of this article shall be to promote sustainable development within the City of South Miami by supporting resilient design and construction practices. The City's intent is to establish a certification compliance schedule that incentivizes all qualifying projects to attain at a minimum FGBC Gold certification, or similar green building program recognized in this article. Sustainable building practices will promote the economic and environmental health of the City and ensure that the City continues to become environmentally resilient to combat sea level rise and help curb climate change. This article is designed to achieve the following objectives: (a)Increase energy efficiency in buildings; (b)Encourage water and resource conservation; (c)Reduce waste generated by construction projects; (d)Reduce long-term building operating and maintenance costs; (e)Improve indoor air quality and occupant health; (f)Contribute to meeting state and local commitments to reduce greenhouse gas production and emissions; and (g)Encourage sound urban planning principles. (3)Sustainability requirements. (a)Mandatory compliance with the requirements of this article shall be required for all applicants with building permit applications that meet the following criteria (hereinafter "eligible participants"): i.All new construction that proposes over seven thousand (7,000) square feet of construction of a structure; or ii.Ground floor additions (whether attached or detached) to existing structures that encompass over ten thousand (10,000) square feet of additional floor area. (4)Standards.This article shall be administered using standards developed for and standards developed by the Florida Green Building Council, United States Green Building Council (USGBC) or the International Living Future Institute. All eligible participants who are certified as having 34 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 23 of 37 satisfied all of the requirements of the green building certification agency, including, but not limited to, any monetary or certification requirements, are eligible for a partial or full refund of the sustainability fee identified in paragraph (7), herein based upon the level of compliance with the regulations in this article. (5)Generally.A sustainability fee will be assessed for all eligible participants. The calculation of the fee, provisions for refunding all or portions of the fee, its purpose, and eligible uses are detailed within this division. (6)Sustainability fee calculation. (a)In order to obtain a temporary certificate of occupancy (TCO), certificate of occupancy (CO), or certificate of completion (CC), whichever comes first, the eligible participant must first post a sustainability fee payment bond or issue full payment of the sustainability fee to the City. The sustainability fee shall be valued at five (5) percent of the total construction valuation of the building permit. However, the eligible participant may be entitled to a refund or partial refund, of the bond, or payment of the sustainability fee, based upon achieving the program certification levels in the compliance schedule below: FGBC Florida Green High-Rise Residential Building Standard Certification Compliance Schedule Level of Certification Achieved Sustainability Fee Reimbursement to Participant for Meeting Certain Green Building Certification Levels Failure to obtain Certification 0% refund of bond or payment of Sustainability fee Bronze Certified 50% refund of bond or payment of Sustainability fee Silver Certified 66% refund of bond or payment of Sustainability fee Gold Certified or International Living Future Institute Petals or Net Zero Energy Certified 100% refund of bond or payment of Sustainability fee Platinum Certified or International Living Future Institute Living Building Challenge Certified 100% refund of bond or payment of Sustainability fee If the proof of green building certification is provided prior to the obtaining a TCO, CO, or CC, the "sustainability fee" shall be in the full amount identified above, minus the refund for the level of green building certification achieved identified in the certification compliance schedule. (b)The sustainability fee shall be valuated upon the eligible participant's submittal at time of application for temporary certificate of occupancy (TCO), certificate of occupancy (CO), or certificate of completion (CC), whichever comes first, upon review by the Planning and Zoning Department during zoning review of the certificate. The sustainability fee bond or full payment shall be provided by participant prior to obtaining a temporary certificate of occupancy (TCO), certificate of occupancy (CO) or certificate of completion, whichever comes first. (c)Refund of the sustainability fee or bond to the eligible participant may occur as provided for in subsection (a), above, provided the eligible participant complies with the certification compliance schedule within the timeframe identified in Paragraph (7)(b). (d)The entirety of the sustainability fee shall be forfeited to the City based upon participant's failure to achieve the applicable green building certification levels identified paragraph(6)(a) within the timeframe identified in Paragraph (7)(b). (7)Review procedures. 35 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 24 of 37 (a)Prior to obtaining a temporary certificate of occupancy, certificate of occupancy (CO) or certificate of completion (CC), whichever comes first, the qualifying projects shall post a bond with the City, or in the alternative, provide a payment to the City, in the amount of the "sustainability fee" identified in Paragraph (6)(a). (b)Within one (1) year from the receipt of a certificate of occupancy (CO) or certificate of completion (CC), the owner shall submit proof of green building certification for the development from the green building certification agency. i.The bond or payment provided, or percentage thereof, shall be refunded to program participants that have achieved a level of green building certification identified in the certification compliance schedule in Paragraph (6). ii.The Planning and Zoning Department Director may approve, upon the request of the eligible participant, a one-time one-year extension, provided proof that the green building certification agency's review remains pending to determine final certification. (c)Building permit applications for a green building project submitted or resubmitted for review shall be given priority review over projects that are not green building projects by the City's departments reviewing such applications. (d)All building inspections requested for green building projects shall be given priority over projects that are not green building projects. (8)Deposit of funds; account. (a)The City shall establish a sustainability and resiliency fund. The revenue generated through the sustainability fee program shall be deposited in the sustainability and resiliency fund. i.Interest earned under the account shall be used solely for the purposes specified for funds of such account. ii.Sustainability fees deposited and credited to the sustainability and resiliency fund account, and credited to the eligible participant, pursuant to Paragraph (7), shall be identified, within the City's sustainability and resiliency fund. iii.Appropriation of deposited funds in the sustainability and resiliency fund shall not be permitted until the applicable refund period, established in Paragraph (7)(b), for those funds has lapsed. iv.Should the eligible participant provide a bond, rather than pay the sustainability fee, then, the City shall safeguard the bond, to ensure compliance with this article. The City shall return the bond or make a claim for a portion of the bond, depending on the eligible participant's compliance with Paragraph (7)(b) and Paragraph (6)(a). (b)Earned fees in the sustainability and resiliency fund shall be utilized to provide public improvements that increase the sustainability and resiliency of the City. Expenditures from these funds shall require prior City Commission approval. Prior to any expenditure, the City Manager shall provide a recommendation to the City Commission. (c)Such improvements that increase the resiliency of the City may include: i.Environmental restoration projects; ii.Environmental remediation projects; iii.Environmental monitoring; 36 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 25 of 37 iv.Green infrastructure; v.Enhanced stormwater quality and quantity improvements; and/or vi.Sustainability planning efforts. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 07-19-2320, § 2, 2-26-19) 20-8.14 Street standards. (A)Landscaping and Utilities. All plant materials shall conform to the standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, Sate of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass areas shall be planted in species normally grown as permanent lawns. Grass areas must be sodded. All new landscaping must incorporate the xeriscape principles provided in Section 20-7.17. Existing healthy plant material may remain and be incorporated into future streetscape projects. (1)Tree requirements: (a)Tree Requirements for Lands Zoned TODD Within the Hometown District Overlay (HD-OV). Landscaping and tree protection requirements shall be subject to the provisions of Sections 20- 4.5 and 20-4.5.1. Notwithstanding the foregoing, in recognition of the infill nature of lands zoned TODD within the HD-OV, an applicant may satisfy the requirements of this section with the following adjustments, credits, and mitigation. i.Site Tree Adjustments.When the minimum number of trees required under Section 20-4.5 cannot be reasonably planted on the ground level of the subject property, the applicant may utilize one or more of the following adjustments: a.Minimum Number of Site Trees Required. In order to promote safe, functional, and accessible public sidewalks and, at the same time, encourage the activation of public plazas and to encourage the improvement of the public realm with public seating areas while avoiding conflict with landscape features, where the minimum number of site trees cannot be reasonably accommodated within the development, the City Manager may designate (i) a location within the City for the planting of any remaining required trees and/or (ii) a payment to the City consistent with the costs of planting the deficient required trees. ab.Site Trees in the Public Right-of-Way.Site Trees may be planted within the public right-of-way so long as they are within ten (10) feet of the private property line and the trees do not unreasonably interfere with the activities of the right-of-way. Site Trees planted in the public right-of-way shall be in addition to any Street Tree requirement for a site and shall only count toward the Site Tree requirement for that site. When trees are requested by a property owner to be planted within the right-of-way, the requesting property owner shall execute a covenant provided by the City to provide for the maintenance of such trees subsequent to planting. bc.Upper Level Trees.. The applicant may plant thirty percent (30%) of the required Site Trees on upper levels such as open recreation areas, amenity areas or exposed decks. Trees placed on balconies attached to and serving private dwelling units shall not count as an Upper Level Tree for purposes of meeting the Site Tree requirement. 37 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 26 of 37 (2)Utilities.Where feasible and permissible all electrical power utilities, cable television and telephone lines shall run underground. (B)Glare. In all districts, any lighting shall be arranged so as not to shine directly on any residential use. Direct or sky-reflected glare, when from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. (C)All permitted uses, accessory activities, and storage shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading berths, dumpsters, and outdoor tables at restaurants. (D)Balconies. Balconies shall be permitted encroachments into permitted setback areas, but not to exceed 6′ 0″. No storage or display of items other than furniture shall be permitted on balconies. Balconies may not be enclosed or screened. (E)Service and loading areas shall not be visible from public streets and adjacent residential properties. All service areas shall be screened from the view of any pedestrian or vehicular path. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 17-20-2371, § 12, 6-2-20) 20-8.15 Public spaces. (A)A restrictive covenant for the perpetual maintenance for all public plazas and "cross-thru's" shall be recorded with the appropriate Miami-Dade County agency in a form approved by the City Attorney. (B)When necessary for public convenience or safety, the developer shall dedicate to the public access ways to pass through oddly shaped or unusually long blocks, to provide the networks or public paths creating access to parks, schools, mass transit facilities and community services. (C)Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be integrated into the architectural character both in terms of illumination and fixtures. Lighting shall not impact off-site uses or traffic on adjacent streets. (D)Buildings shall abut the street-front sidewalk and orient the primary entrance of entrances toward the street. Buildings shall provide amenities to improve the climate along streets, with respect to excessive heat or sunlight, that will add to pedestrian comfort. (1)Where appropriate, canopies or arcades can be provided along the street frontage of buildings; however, they should be carefully designed not to obstruct views and access between building entrances, the sidewalk, and the street. (2)Shade trees may be planted to provide additional climate protection and contribute to an attractive pedestrian environment. (E)Consistent with the purpose of this district in the areas so covered, all new construction and major reconstruction along certain street frontages must provide windows and entrances or other features meeting the requirements of the following section to afford interest to pedestrians and to enhance the urban quality and shopping environment of downtown. (F)Along a frontage containing a required building line, at least seventy-five (75) percent of the width of any new or reconstructed first-story building wall facing a street shall be devoted to interest creating features, pedestrian entrances, transparent show or display windows, or windows affording views into retail, office, or lobby space. (G)Street trees shall be planted on all street frontages in accordance with section 20-8.13. (Ord. No. 9-97-1630, § 1, 4-1-97; Ord. No. 17-11-2090, § 1, 4-19-11) 38 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 27 of 37 20-8.16 Unity of title required. (A)A Unity of Title or Covenant In Lieu of Unity of Title, in form and substance acceptable to the City Attorney, as set forth in Section 20-5.16, is required for all platted lots in any development project within the TODD if any of the following conditions exist: (1)If a development project is to be built on two (2) or more abutting platted lots; (2)If the permitted density of a development project is based upon the averaging of two (2) or more platted lots either abutting or located on the opposite sides of a public right-of-way or alley; (3)If the required parking for a development project is located on a lot other than on the site which is generating the required parking. (Ord. No. 23-99-1697, § 5, 11-16-99; Ord. No. 05-07-1906, § 2, 2-20-07; Ord. No. 25-10-2050, § 3, 9-7-10) 39 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 28 of 37 20-8.17 Regulating plan—Graphic. 40 Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 29 of 37 41 I 8 § ,. t;; ,·, i(J) .. , ~IIXED USE 2 'STOii¥ ~IINOII STHEI,rs S.W. GI CL Gl AYL 71 ST. S.W . .5!J l'L G8 SL ll(;D HOAD ,- 1 MINOR STRFFT b0·t00% BLG FRONTAGE CUKO? 20' ;e,-• 70 !",-.,CE \OF C.OL ~' ..,_ ____ :..,..,_ '--+~---- ....--h. ;;,. -l~tJltDING f . lMlt-1 DEPHI ~~ [) f, ---. n1 0 " C Q> /\D,JACEMT f'ROF"ERTY :;~:1 1 "' YAKD Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 30 of 37 42 I' I • I I • § C'I I::! • ,. ..., Wl ilJI ~ i N Iii~ ~ .. :_. ~ C ~ 11 MU I• I lfSti '4. ~'tOU Y ~AIM Sl'IU/.l.ll'S SUNSL.'T DIHVJl S.W.@AV ' MINOR 5ff,F;ET5 M-IOO:.:. l:L~ IWKf .-..OE 1-------, I MCAQE OR 11\!<laNG I ( .,. ,. ~ ,rr j,,1 1N . . • ;> 'iii!!! ii-I a! .. .,,a-... Fl .t ~~a !l i~ ' • Ir r jl"r1r ~ f .8 ,.. ;,.S ·=-.,, u '$-f. . !l ~ ·i -i;. ] -~ ~ ~!.§·ii [ II,"!.-IQ 2. • ~ •· ' I iij iii~ a: ~ it □ "' 'I': , I:. • .. :: ,;;:,;: m • ~ -!~ <i'.:. Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 31 of 37 43::E ::, ::E ,_ w ~ a: ~ w U) :::, 0 w >< i 0 0 0 ,_ PERMITTED USES BUILDTOLm 8'-0" ~ ~ (!) z 1i ..J 5 m /-/--MIN. SIDE SETBACK BUILDINGS AND THEIR PLACEMENT FACEOf BLG. (TYP.) PROPERTY LINE · CANOPY MAY EXTEND TO THE PROPERTY LINE MINIMUM 90% BUILDING FRONTAGE' MAIN STREET SIDE SETBACK BUILDING FRONTAGE MIN. 90% BUILDING FRONTAGE" ALONG MAIN STREET 'THE MINIMUM BUILDING FRONTAGE DOES NOT APPLY WHEN A PUBLIC PLAZA OF AT LEAST 2,500 Sf FRONTS THE MAIN STREET LOT COVERAGE: NO MAXIMUM BUILDING SETBACK· FRONT: 8'-0' MIN." SIDES: 8'-0' MIN." REAR: 8·-0' MIN." "ARCADE & CANOPY MAY EXTEND TO THE PROPERTY LINE "BALCONIES & FEATURES MAY EXTEND TO THE PROPERTY LINE ARCADE MAY EXTEND TO THE PROPERTY LINE BUILD TOLINE CURB Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 32 of 37 44PEHMl'ITED USES Rt,idenlia.lllm Commtrti:al Usu Lithl Industrial UKS ~ ~ ~ C: ~ ~ C: 0.. f'.1"1 2 V I;; iffi c:: ~i z ..: < t8 ;'., C: ~ gc I;;,_ t.. /'-:, C: < ei ~c "' §: Iii ;g !: "' .. ~ :ti .., it ~ I!; ~ i \,!~ o/) ,.: <!' ~ LINE 0 " i \I) eulLD10 LINE BUILDINGS AND TllEIH PLACEMENT 9'6", IIRCNJE OR 11~1'/ING ___ '-_-_-_-_-_-_---=-:.:-:,.;-~-;;...:;-4=..:·_: ...:::lPRCf. LINE CURO ~ CURO r - - - --- - -.. ----_, ARU,DE OR MMING !l [ CJ C ~\JtLD TO LINE I ~ \.,---+ '--_ -_-_ -_ -_ -_ -_-_ -_ -_ -_-"_ -_ -_-_ -~---+·o Build in:: frenl~j:t ~ ~0-!(l()' O of lol f1ort:1~e alon~ build•IC>-lmt Lol 0Mnrt,. l[}[I~~ Fron1 -~one Arcade or A1nungllcq Re2r • ! ~· (DcdJC:iltd) NonconP1or1ts> RC3d None-011Meut>?..;:d S1dc-Noncont:mti 10· nn one ~tdt Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 33 of 37 45IIEIGl!T & USl0 [l : 1 ·1lHFl. t-~l~Al-l -:-PE,..RM-IITE=D-U-5•-.S-; HEIGHT I 20' SE1MC( I r---t---'--+------1 FACEOFMJ I \;!TH eu~o ' OUTOIERARCAQF I C'JR'J n All fERMITTED U5E5 (i5' MIN If GARAGE -------1---__ jl5A1FIP.51 Fl All PERMITTl:D I' N0N•RE5IDEN11N. U5E5 ~1G1(1,DE j I , j.r BUllD-10-llNE 1~· 10 I /1.,J FACE::} (ARCADE BUILDING DEnH CQ. e Stone~ Ma~imum VI/Bonu; 4 5tcri,s Maximum 2 Stcri,s tAinimum Sr1b1tk Front• l-4 noon. none l-!floo11-lOf1 liom lmofb11ild111~ Rc,ir-W Arcade• lll.1blc spacel!bo\·e a1cadtshallnott1Cco1m1cdfo1 co,ua~e or rarl.1~~ c~l-cula.tiotl$ F;rn floor rninunum heithl 10·-0· Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 34 of 37 46 --r--~ ~; ___ ·-'; .~ ~: .. ) MIXEB liSJ,; 2 ~TOl\l' HAIN STllliFl'S Sl/NSLT flHIYI-: sw.,;:.!AVJ.: I Re!lhknti"I Uses Ctfo1n,er,·ia! tJ~e:'i Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 35 of 37 47::::E ::::, ::::E ~ I-w ::.:: a:: < ::::E t-w w w en 0:: ::> t-c "' z w c( X ~ :E 0 0 0 I-PERMITTED USES "' w "' "' ::, w w .... "' "' ,!: ::, ::, 0:: .... ;i! t-~ "' CJ ::, 0 z 0:: :;; w w 0 ~ t-in ~ ,: w 0 <!> 0:: CJ :::; ROOF SLAB I ~---r-10THFL. ____ _ I I I r-9TH FL. _____ _ r-6TH FL. _____ _ BALCONIES ANO I 7TH FL. HEIGHT & USES ELEMENTS+ FEATURES ABOVE ROOF SLAB ALL PERMITTED USES ---------------------ALL PERMITTED USES ALL PERMITTED USES ---------------------ALL PERMITTED USES w z :::; I I I I I i ~ "' N <D :s "' 8 0:: g;! 0 <D < "' ti! ::, t-fE + ~ z w ~ ~ w ~~;~~~~~~ tr--------::P;R:1~:ci:s~s------------PROPERTYLINE I r-6THFL. ______ _____________________ ~ B' -D" MIN. :::; w FACEOFBLG. ~ r-~1!.._F~-------~~~R~1:~~s~s ___________ _:'.~SETBACK i I I '\ ALL PERMITTED USES I ~ FACE OF BLG. <D B' -D" MIN. 4TH FL. V I SETBACK~r-- ---------::P;R:1~:ci:s~s-- - - - ------ -i ARCADE MAY EXTEND TO THE PROPERTY LINE CURB l, 1 r-3RDFL ______ _____________________ I ~~~~END TO ! _\ r-2NDFL --------~~~R~1:~~s~s------------H ~~iPROPERTY ALL PERMITTED USES [IN A LARGE SCALE DEVELOMENT GROUND FLOOR RESIDENTIAL USES MAY NOT FRONT THE MAIN STREET] I GROUND FL. l FIRST FINISH FLOOR ELEVATION I BUILDING DEPTH J~• -D-l MIN.~ r CURB 6UILlll~~ ~EI6111;~-FRONT: 6'--0' MIN.' SIDES: 6'-0" MIN.' REAR: 6'--0' MIN.' 'ARCADE & CANOPY MAY EXTEND TO THE PROPERTY LINE 'BALCONIES & FEATURES MAY EXTEND TO THE PROPERTY LINE 6U!Llll~~ l:lEl~l:lI· 10STORIES MAXIMUM W/BONUSES 6STORIES MAXIMUMW/O BONUSES 1 STORY MINIMUM Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 36 of 37 48 I.IGIIT INl>USflllAI. 2 '~'TOIIY J\I.Ll;V AND STllla!l'S 11noNT srnm;rs. S.W. 611. 69. 70. co~o11mc1t l'IIOGlll,S.~ I ~ I S? U,! \0'":"IN ?-: ~ 7'~ ~ w i'/i ~ i n T ' Reside.nli.a.1 U,ea Commercial Un.1 l.l&hC Intf1.u1rial Uus Created: 2021-08-25 13:25:30 [EST] (Supp. No. 24) Page 37 of 37 (Ord. No. 20-99-1694, § 2, 11-16-99; Ord. No. 17-20-2371, § 13, 6-2-20) 49PEDESTRIAN CO RRIDOR DESIGN GUIDELINES rr-· i , . , I . ·1. I ·-. i ! ! . • I , ,; ,' , ~ __ _,, ,; •• ,i"'-1: i" PROPOSED PEDESTRIA NWALK\J r , fAYSYSTEM rans1t Oriented Develo . pment District City of South M' . 1am1 50 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARING -PLANNING BOARD -FEB . 14, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 02/03/2023 Affiant further says legal requirements for Statutes. Sw that the newspaper complies with all publication in chapter 50, Florida 3 day of FEBRUARY, A.O. 2023 (SEAL) GUILLERMO GARCIA personally known to me CITY OF SOUTH MIA.Ml, FLORIDA NOTICE OF PUBLIC HEARING Notice Is heref;>y given that the Plarmlng Bqard wlll hold a public tiearing on Tuesday. February 14, 2Q23. at 7:00 p.m . to consider the following appllcarlons: 1 . PB-23-001 ' Applicant Veterinary D~ITTiatology, LLC A RESOLUTION OF THE -CITY GOf)fMISSION OF THE CITY OF SOUTH MIAMI, Fl,.ORIDA [GRANTING APPROVAL OF/DENYING) A Sf'ECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-S.8 OF THE l:AND DEVEL0PMENT CODE TO PEAMIT AN ANIMAL _HOSPITAIJVETERINARIAN WITHIN THE GENJ;RAl RETAIL (GR) ZONl~G-DISTRIGT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE _HIG_HWAY; PROVIDING FOR CONDmONS; ENFORCEMENT OF CONDmONS; CORRECTIDNS;-SEVERABJ,l!fY;•AND AN EFFECTIVE DATE. 51 Ct\~ oF So~ M·,°'m·, cl 1, '-'} aoa:> 2. PB -23-002 Appli.cant: City ot South Miami, Fl orida (Commissioner Josh Uebma n) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FtORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS , 20-8.3 CREATION OF TODD SUBCATEGORIES , 20 -8 .6 "SPECIAL PROVISIONS," 20-8.8 'PARKING ," 20-8.9 'LARGE-SCALE DEVELOP MENT SPECIAi. EXCEPTION," 20-8.10 ~BONUS Al.LOCATIONS," 20 -8.1 4 "STREET STANOA°RDS," ANO 20-8 .17 "REGULATING PLA N • GRAPHIC " OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20-8.9.1 "AD l\'I INISTRATIVE ·APPROVAL Of. MINOR MODIFICATIONS TO AN APPROVED. DEVELOPMENT WITHIN THE TODD MU-M DISTRICT " OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPM ENT WITHIN THE TRANSIT ORIENTED DISIBICT (TODD) GENERALLY ANO WITHIN THE TRANSIT ORIENTED OEX£LOP~ENT DISTRICT (MIXED USE -MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITV; AND AN EFFECTIVE DATE. The heari ng will be held at on!ine and al l Board members as well as · City staff ~ill particigate by video conferencing al Ci O Hall Comm ission Chambe rs, 6130 Sunset Drive, South Miami. Florida 33143 or a:t re·mote locations throug_h tha 'Zpqfll platrom;, and members of the public may Jolri 1he meetlng via eithe~ Z o om,i\! (tl!!ps://zoom.us/j/305 6636338), b y phone by palling T 1-786•5S5-1003 and entering Meeting ID: 3056556338 when promp ted, qran pe~on in, the Commissi on Chambers, i1f1d where their ippearance wlll 'b~ brQ'.adcast on' ltle Zoom platform, an d where. lhey,._can part 1.clP,a te. If you desi re to.present eyieehce ·<i r you are unab le to us e.Zoom, thre ~ p roc ei;lu re s t.o follow and ottier gptions avallable -Jn cl udlng a d ed 1cateo ph on e fin e ·to llsten and partioi pljte in th e meeting an d li mited pu j)li o atte nda nce , l!II o f wh ich ls se t forth In the meeting notice pcsted at City Hal l and at http://www:southmjamifl.gov/5 80/Publlc-Meeti ngs -Noti ces . The pend!Qg app Ti ca ti on and su pp ort ing documentation ·can be reviewed and c;opi ~ bbl alned by cpntacling ,lhe .Cily elert at305-663-6340 or 305-663-6331 . AfJk. To req uest a rnodificatl!)l'I \o a policy, practice or p~ure or1o request an 11uxillary a1de or service_ In or~er to participate tn a City progral'n, activity or e~en l, yo u mus l on or befor e 4:00 p.lJl, 3 b~lness days before the m~ng (ncit cou n~ng the day of· the meeting) deliver yow request to the City Clerk by telephon e: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Floridao~ email at np;lyne@sou!hm ia,mlll .g~v. 2/3 Nkenga A. Payne, CMC, FCRM City Clerk 23-114/0000644534M 1 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, February 14, 2023 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A -5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov). I. Call to Order Action: Mr. Miller called the meeting to order at 7:01 P.M. II. Roll Call Board Members Present Constituting a Quorum: Mr. Jay Miller (Chairperson), Mrs. Michelle Readon (Vice-Chairperson), Mr. Subrata Basu, Daniel Guerra, Daniel Rodriguez, Ms. Cristina Ortega. Board Members Absent: Ms. Guirla H. Dodard City Staff Present: Mr. Hank Flores (Planning Director), Mr. Alex David (Planning Consultant, Calvin Giordano, and Associates), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Edward O. Martos, Esq. III. Administrative Matters 1. Vice Chair Elections Mr. Miller asked the Board for Vice-Chair nominations. Mr. Basu nominated Mrs. Michelle Readon as vice-chairperson of the Planning Board. Mrs. Readon accepted the nomination. The Board then voted on the nomination. 52 2 Motion: Mr. Rodriguez moved to appoint Mrs. Michelle Readon as Vice-Chairperson of the Planning Board. The motion was seconded by Mr. Basu. Vote: Yes 6, No 0 (None) Mr. Rodriguez: Yes Ms. Ortega: Yes Mr. Guerra: Yes Mr. Basu: Yes Mrs. Readon: Yes Mr. Miller: Yes The motion to appoint Mrs. Michelle Readon as Vice-Chairperson of the Planning Board passed unanimously. Mrs. Michelle Readon is the new Vice-Chairperson of the Planning Board. IV. Public Hearings: 1. PB-23-002 Applicant: City of South Miami, Florida (Commissioner Josh Liebman) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 “SPECIAL PROVISIONS,” 20-8.8 “PARKING,” 20-8.9 “LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION,” 20-8.10 “BONUS ALLOCATIONS,” 20-8.14 “STREET STANDARDS,” AND 20-8.17 “REGULATING PLAN – GRAPHIC” OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20- 8.9.1 “ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M DISTRICT” OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE – MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. Applicant: City of South Miami represented by Mr. Hank Flores, AICP, CFM (Planning Director and Alex David, AICP (Planning Consultant). Mr. Lightfoot read PB‐23-002 into the record. Mr. David then presented the staff report for the item to the Board. Mr. Miller asked if the property owners can speak on the item. Mr. Martos recommended that any property owners should speak during the public comment phase of the hearing. Mr. Miller asked what the rationale behind the bird safe glass exemption was. Mr. David stated that the property owners for 5850 SW 73 Street will address the comment. Mr. Basu asked why the application was not submitted as an applicant driven application. Mr. Martos responded that the application was being processed by the City and not an applicant because it was a text amendment. Mr. Basu then stated that applicants can submit text 53 3 amendment applications to the City for review. Mr. Martos responded that he was not aware of any procedures that would allow an applicant to submit a text amendment to the City for review. Mr. Basu stated that the text amendment would apply to any of the TODD areas, to which Mr. Martos responded that the amendment would apply only to the TODD MU-M district. Mr. David added that the only change that applied to all of the districts was the change to the building height definition. All other changes would only apply to the TODD MU-M district. Mr. Basu asked what the change to the building height was for, to which Mr. David responded that the definition was amended to exempt vertical circulation elements from the building height. Mr. Basu asked for an explanation on the changes to affordable housing that are proposed. Mr. David responded that the affordable housing was tied to the lack of a grocery store. Mr. Basu then asked if the project provided a grocery store then there wouldn’t be a requirement for affordable housing, to which Mr. David agreed. Mr. David then added that the project would include a grocery store, so the regulation was no longer needed. Mr. Basu then asked if the change would apply to all TODD districts. Mr. David responded that the language would be specific to the TODD MU-M district. Mr. Martos added that the City currently only has one (1) site in the TODD MU-M district. If other properties become part of the TODD MU-M district in the future, these regulations would apply to them as well. Mr. Basu asked why the change regarding the ERPB was being proposed. Mr. David stated that the bonus for providing a plaza is being amended to remove the requirement that the building permit cannot be issued for the extra floor unless it is reviewed by the ERPB. Mr. David then stated that the amount of outside seating allowed in the plaza is proposed to be increased as well. Mr. Martos added that there will still be an ERPB process for the project. The ERPB review is only being removed for the plaza design. The goal is to streamline the process and provide some clarity on the bonus. Mayor Javier Fernández approached the podium to assist in answering Mr. Basu’s questions. Mayor Fernández provided the legislative history behind the item. The reason why the section is being revised is because the South Miami Market (Winn Dixie) project has already had those sections approved and they didn’t want to go back to the Board for a subsequent review so as to expedite its development. Mayor Fernández then stated that he has concerns with the fact that a zoning category was created that was driven by a specific use. He then stated that he would like to consolidate the category into another TODD category. Mr. Basu responded that the Mayor pointed out the issue that he was trying to bring to light. He then stated that he had issues with the item because the proposed amendments were for a specific project. Mayor Fernández responded that the approval of the project and the zoning category were inherited and that he came to the meeting because it was important to make sure that the City does what it can to advance the first project in the City’s downtown area that is in a position to get started. The Mayor also stated that there generally is a lack of belief in the downtown area that the City can advance the project to commencement. The Mayor then stated that he agreed with Mr. Basu’s concerns. Mrs. Readon stated that she was confused about the affordable housing component. Mayor Fernández responded that the grocery store use was the alternative to providing affordable housing. Because the project now has a grocery store lease with Fresh Market that has been executed with a shorter term than what the development agreement allowed, the affordable 54 4 housing requirement was punitive and damaging to the overall success of the project and should be removed. Mrs. Readon asked if the developer will be pursuing any County funds to which Mayor Fernández responded no. There are no public subsidies involved with the project. The Chairperson opened the floor to public comments on PB‐23-002. • Jeffrey Bass, representative for the South Miami Market project: Mr. Bass explained to the Board that there are a lot of regulations in the TODD MU-M district that were put into the LDC that shouldn’t have been adopted. He then summarized the requests that were before the Board for review. To answer the question regarding the removal of bird safe glass requirement, Mr. Bass stated that bird safe glass regulations were being removed because the project was designed in such a way that it already satisfies the requirement without needing the regulation. Mr. Bass provided the Board with clarification on the request to amend the building height definition. The Chairperson closed the floor to public comments on PB‐23-002. The Chair opened the floor to Board Discussion. Mr. Miller stated that it was his opinion that the City has made it difficult to develop properties in the last ten (10) years. He then stated that the changes proposed could move the project in the right direction. Ms. Ortega informed the Board and Staff of formatting errors that she found in the draft ordinance. Mr. Rodriguez asked if the extension of the 20 feet would be for an elevator machine room or for an actual elevator to carry material to the roof when work was needed. Mr. Bass introduced Mr. Steve Royer to answer the question. Mr. Royer stated that the extension would enable them to put an elevator stop on the roof allowing them to safely service the roof area. With no further discussion, the Board made a motion on the item. Motion: Mr. Rodriguez moved to approve PB-23-002. The motion was seconded by Mr. Guerra. Vote: Yes 6, No 0 (None) Mr. Rodriguez: Yes Ms. Ortega: Yes Mr. Guerra: Yes Mrs. Readon: Yes Mr. Basu: Yes Mr. Miller: Yes 55 5 The motion to approve PB-23-002 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 December 13, 2022: Motion: Mr. Guerra moved to approve the meeting minutes. The motion was seconded by Mr. Rodriguez. Vote: Yes 5, No 0 (None), Abstained 1 (Ortega) Mr. Rodriguez: Yes Ms. Ortega: Abstained Mr. Guerra: Yes Mrs. Readon: Yes Mr. Basu: Yes Mr. Miller: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: March 14, 2023 VIII. Adjournment The meeting was adjourned at 8:08 P.M. 56 8SE ...................................................................................................NEIGHBORSSUNDAYFEBRUARY 26 2023 57 .-II Public Hearing MIAMI-DADECOUNTY COMMUNITY ZONING APPEALS BOARD 10 Will hold a public hearing on the following zoning applications on March 21, 2023, at 6:30p.m. at Westchester Regional Library, 9445 Coral Way, Miami, FL THIS IS AN IN-PERSON MEETING APPLICANT: CN 86 Flagler, LLC. 22022000061 The application is to permit a rezoning of the northern parcel (parcel A) from EU-M (residential use) to RU-SA (semi-professional office use) in order to develop the parcel with an office building. Additionally, the application seeks approval of ancillary non- use variances to permit the proposed building to be located closer to the front and interior side property lines, to permit more lot coverage then permitted by code a reduction of the required parking spaces, to permit less open space than required and to waive the required wall along the interior side and rear property lines. 1. District Boundary Change from EU-M (Estate Modified District) to RU-SA (Semi- Professional Office District). 2 . NON-USE VARIANCE to permit the proposed office building to setback a minimum of 23'-3" (25'-0" required) from the front (north) property line and to setback 9'-0" (15'-0" required) from the interior side (east and west) property lines. 3 . NON-USE VARIANCE to permit a lot coverage of 59% (40% maximum permitted). 4 . NON-USE VARIANCE to permit for 22% of open space ( 25% open space required). 5 . NON-USE VARIANCE of zoning regulations requiring a decorative wall at least five (5) feet in height along the rear and interior side property lines; to waive same . 6 . NON-USE VARIANCE of zoning regulations requiring a landscape buffer between dissimilar land uses along the rear property line; to waive same . 7 . NON-USE VARIANCE to permit a build height of 32' (24' maximum). 8 . NON-USE VARIANCE to permit 59 parking spaces (69 parking spaces required). Plans are on file and may be examined in the Department of Regulatory and Economic Resources, entitled "One Health Medical-Flagler Center'' as prepared by "Archcube Architectural Design dated and stamped 11/14/2022 consisting of Nine (9) sheets. Plans may be modified at public hearing . LOCATION: 8616 W Flagler Street, Miami-Dade County, FL SIZE OF PROPERTY: 1.54 Acres APPLICANT: JOSE M. REQUEJO 22022000095 The application is to allow two separate buildings to be used as a single-family residence and to the allow the building at the rear of the property to locate closer to the rear and interior side property lines than required by Code. (1) UNUSUAL USE to permit an existing/proposed complex of buildings to be used as a single-family residence . (2) NON-USE VARIANCE to permit the single-family residence setback 5'-7" (15'-0" required for 50% of the lineal footage of the entire width of the house and 25'-0" required for the balance) from the rear (east) property line Plans are on file and may be examined in the Department of Regulatory and Economic Resources, entitled "SiteplanV3", as prepared by J.M Requejo Architect, Dated Stamped received 12/16/2022 consisting of one (1) sheet, "FloorplanV2", as prepared by J .M Requejo Architect, Dated Stamped received 9/29/2022 consisting of one (1) sheet and "Building Elevations V2, as prepared by J.M Requejo Architect, Dated Stamped received 9/29/2022 consisting of one (1) sheet for a total of three (3) sheets . Plans may be modified at public hearing . LOCATION: 2901 SW 102Avenue, Miami-Dade County, FL SIZE OF PROPERTY: 0.389 Acre This is an in-person meeting. Interested parties may appear in person to participate. For inquiries regarding virtual access, please call (786) 414- 2600, e-mail ZONINGmeetings@miamidade.gov, or visit our website at: https://www.miamidade.gov/zoning/community-council-1 O.asp For legal ads online, go to http://legalads.miamidade.gov CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday_, March 7, 2023, at 7:00 p.m. to consider the following public hearing item(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/ VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 24-22-2445 WHICH ADOPTED THE FISCAL YEAR 2022-2023 BUDGET BY (1) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE PARKS AND RECREATION FACILITIES IMPACT FEE FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 117-2000-572-6440 CAPITAL IMPROVEMENT, AND (2) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE STORMWATER DRAIN TRUST FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 111-1730-541-6490 CONSTRUCTION PROJECTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS;' 20-8.8 "PARKING;' 20-8.9 "LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION;' 20-8.10 "BONUS ALLOCATIONS;' 20-8.14 "STREET STANDARDS;' 20-8.16 "UNITY OF TITLE REQUIRED;' AND 20-8.17 "REGULATING PLAN -GRAPHIC" OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20-8.9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M DISTRICT" OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. The hearing will be held at City Hall Commission Chambers, 6130 Sunset Prive, South Miami, Florida 33143. 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), by phone by calling +l-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340 . Pursuant to Section 286.0105, Fla . Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based . This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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, CMC, FCRM City Clerk 58 MIAMI-DADE STATE OF FLO RID A COU NTY OF MIAM I-DADE : Before the unders ig ned authority personally appeared ROSANA SALGADO . who on oath says lhal he or she is the LEGAL CLER K. Legal Notices of lhe Miami Daily Business Review 1/k/a Miami Rev iew . of Miami-Dade County . Florida ; that the attached copy ol ad'lertisement. being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARING· MAR . 7. 2023 in the XXXX Co urt . was published in a newspaper by print in the issues of Miam i Daily Business Review I/ii/a Miami Review on 02/24/2023 Affiant further says that the newspaper compl ies with all legal requ irements for publication in chapter 50 . Florida Statutes. "EAL) ROSANA SALGADO personallv >nn"'n •- .............. BARBARA 1'1,0MAS •',I.• ... \'!·.c• H 1s·,,,2 /-t;·i· ·t~ Comm~slon 11 H •• 1:: . .:~, e,.pir~ Ho~Tiber 2, 2025 ···$,f.~.f~~:~/ Booood ThN TIO'/ fan lnW131101l &00-l8~70lg I CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesda March 7 2023 t 7:00 .m. to consider the following public hearing item(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE 1:AND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 59 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 24-22-2445 WHICH ADOPTED THE FISCAL YEAR 2022-2023 BUDGET BY (1) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE PARKS AND RECREATION FACILITIES IMPACT FEE FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 117-2000-572-6440 CAPITAL IMPROVEMENT, AND \2) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE STORMWATER DRA IN TAU.ST FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 111 -1730-541-6490 CONSTRUCTION PROJECTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEF INITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS," 20-8.8 "PARKING," 20-8.9 "LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION," 20-8.10 "BONUS ALLOCATIONS," 20..8 .14 "STREET STANDARDS,• 20-8.16 "UNITY OF TITLE REQUIRED," AND 20-8.17 "REGULATING PLAN -GRAPHIC" OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20-8.9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M 'DISTRIGr' OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKEl} (TODD-MUM); PROVIDING FOR CORR ECTIONS; CODIFICATION; SEVERABILITY; CONFL ICTS; AND AN EFFECTIVE DATE •. The hearing will be held at Ql:!Y. Hall Commission Chambers, 6130 Sunset Drive, South iami Aorida 33143 . 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 htt s:J zoo .us/'/3056636338 , by phone by calling + 1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform , and where they can participate. All interested parties are invited to attend and will be heard. For further infonnation, please contact the City Clerk's Office at: 305-663-6340. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the publl.c that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence-upon which the appeal is to be based. This notice does no constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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. 2/24 Nkenga A. Payne, CMC, FCRM City Glerk 23-85/00006485TTM 60 .. MIAMI -DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE : Belore \he undersigned autho ri\y personally appeared GUlLLE RMO GARC IA , who on oath says that he or she is the DIR ECTOR OF OPERATIONS , Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miam i-Dade County , Florida; tha t the attached copy of advertisemen t, being a Lega l A dvertisement of Notice in the matter of CITY OF SOUTH M IAMI· PUBLIC HEARING· MAR . 21, 2023 in the XXXX Court , was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 03/1 0/2 023 Affia nt further says that the newspa per complies wi th all legal requ irements for publication in chap ter 50 , Florida Statutes. ~ s~~;,~ 10 day of MARCH , A.O. 2023 GUIL LERMO GARCIA pe rsona lly known to me SH: ATTACHED, 61 . " CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tues_@Y. March 21 2023 at 7:00 11.m. to consider the following public hearing item(s): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TOOD SUBCATEGORIES, 20-8 .6 "SPECIAL PROVISIONS," 20-8.8 "PARKING," 20-8.9 "LARG.E-SCALE DEVELOPMENT SPECIAL EXCEPTION," 20-8 .10 "BONUS ALLOCATIONS," 20-8 .14 "STREET STANDARDS," 20-8 .16 "UNITY OF TITLE REQUIRED," AND 20-8.17 "REGULATING PLAN • GRAPHIC" OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20-8 .9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M DISTRICT" OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE • MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND A~ EFFECTIVE DATE. The hearing will be held at c· Hall CommissJQri__Qbambers_, 6130_Sun!!!lt Drive South Miami Florida 33143. 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 (h!!Ps:f[wm.us!i[3056_§_:!§.33.8 , by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Comm ission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Pursuant to Section 286.0105, Fla . Stat., the City hereby advises the public tliat if a person decides to appea l any decision made by the Commission ~ith respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This not ice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irre levant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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, yol) n1ust 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 @s outhmiamift.gov. 3/10 Nkenga A. Payne, CMC, FCRM City Clerk 23-86/0000651107M 4SE ...................................................................................................NEIGHBORSSUNDAYMARCH122023 About 81,800 office chairs that injured custom- ers while test-sitting them in the store have been re- called by the TJX Compa- nies. “The back of the chair can break or detach from the seat base when a con- sumer is seated in the chair, posing a fall hazard,” the U.S. Consumer Product Safety Commission’s recall alert said. And, the alert said, there have been “12 reports in which the back of the chair broke or detached from the seat base when a consumer was seated in a chair at a store.” In those dozen re- ports were 10 reports of injuries, “including contu- sions, strains, numbness, bruising and one reported concussion.” The chairs were sold in T.J. Maxx, Marshalls, Homesense and Home- Goods stores. Colors avail- able were white, black, gray, cream, floral, pink, orange, navy, light blue, brown and mint. The cush- ions are faux leather, velvet, linen or boucle. This covers style Nos. GT646, GT646A, GT646AA, GT646AB, GT646AABO, which will be found on the hang tag. TJX is offering refunds. You can return the chairs to any of the above stores for a full refund. Or, if that’s not feasible or if you have questions, contact TJX through its website or by calling 888-359-4763, 8 a.m. to 7 p.m., Eastern time, Monday through Friday. David J.Neal: 305-376-3559, @DavidJNeal 81,000 office chairs got recalled.People got bruised, concussed even before buying them BY DAVID J. NEAL dneal@miamiherald.com U.S.Consumer Product Safety Commission A TJ X Office Chair in white. 62 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday. March 21, 2023. at 7:00 p.m. to consider the following public hearing item(s): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS," 20-8.8 "PARKING," 20-8.9 "LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION," 20-8.10 "BONUS ALLOCATIONS," 20-8.14 "STREET STANDARDS," 20-8.16 "UNITY OF TITLE REQUIRED," AND20-8.17 "REGULATINGPLAN-GRAPIDC"OFTHELANDDEVELOPMENTCODE,ANDCREATINGA NEW SECTION 20-8.9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M DISTRICT" OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. The hearing will be held at Cjty Hall Commission Chambers, 6130 Sunset Drjve. South Miami. Florida 33143. 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), by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any deci sion made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made , which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmi ss ible or irrelevant evidence, nor does it authorize challenges or appeal s not otherwise allowed by Jaw. ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or seIVice 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, CMC, FCRM City Clerk TOWN OF CUTLER BAY NOTICE OF PUBLIC HEARING The Town of Cutler Bay will hold a public hearing on Wednesday, March 22, 2023 at 6:00 p.m., or as soon thereafter as possible, virtually via Zoom and in the Town Hall Council Chambers, 10720 Caribbean Boulevard, Cutler Bay, Florida. Interested parties may appear in person or virtually via Zoom and be heard with respect to the proposed [!I·•:,;:: ~ · [!I Resolutions. Any person wishing to address the Town Council on any item ~ :-. ; at this Hearing can also call (786) 635-1003, Zoom Meeting ID: 848 8298 8633 prior to the item being heard. ;t: ~-~ ~ [!lt,;6'.,;,i :Ii :2 The purpose of the public hearing is to consider the adoption of the Resolutions described below: A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION BY R.T.G. FURNITURE CORPORATION TO REDUCE THE REQUIRED NUMBER OF STREET TREES FOR THE EXPANSION OF AN EXISTING FURNITURE SHOWROOM LOCATED AT 18690-18722 SOUTH DIXIE HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION BY R.T.G. FURNITURE CORPORATION TO REDUCE SURFACE PARKING LANDSCAPE AREA REQUIREMENTS FOR THE EXPANSION OF AN EXISTING FURNITURE SHOWROOM LOCATED AT 18690-18722 SOUTH DIXIE HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION BY R.T.G . FURNITURE CORPORATION TO PERMIT ADDITIONAL PARKING SPACES WHICH EXCEED THE MINIMUM NUMBER OF REQUIRED SPACES BY MORE THAN TEN PERCENT FOR THE EXPANSION OF AN EXISTING FURNITURE SHOWROOM LOCATED AT 18690-18722 SOUTH DIXIE HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE . ARESOLUTIONOFTHEMAYORANDTOWNCOUNCILOFTHETOWNOFCUTLER BAY, FLORIDA, APPROVING A VARIANCE APPLICATION BY R.T.G. FURNITURE CORPORATION TO PERMIT SURFACE PARKING AND DRIVE AISLES WITH A SOLAR REFLECTIVE INDEX (SRI) LESS THAN 29 FOR THE EXPANSION OF AN EXISTING FURNITURE SHOWROOM LOCATED AT 18690-18722 SOUTH DIXIE HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A SITE PLAN BY R.T.G. FURNITURE CORP. TO PERMIT THE CONSTRUCTION OF A 12,285 SQUARE FOOT ADDITION TO AN EXISTING 23,599 SQUARE FOOT FURNITURE SHOWROOM ON THE PROPERTY LOCATED AT 18690-18722 SOUTH DIXIE HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. The Town Council may continue or defer the hearing to a new date and time certain without further notice provided the date and time of the continuance or deferral is announced at the hearing. The Resolutions in its entirety may be inspected at the Office of the Town Clerk during regular business hours. Persons wishing to appeal any decisions made by the Town Council with respect to any matter considered at such meeting or hearing will need a record of the proceedings and; for such purpose, may need to ensure that a verbatim record of the proceedings is made; which includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105 ). Any and all interested parties may appear at the above meeting and be heard with respect to the proposed items. In accordance with the Americans with Disabilities Act of 1990 (ADA), persons needing special accommodations to participate in these proceedings should contact the Town Clerk's Office for assistance at (305) 234-4262, no later than four (4) business days prior to such proceeding. Mauricio Melinu Town Clerk