01-09-07 Minutes 12-19-061 City of South Miami
2 Regular City Commission Minutes
3 December 19, 2006
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, December 19, 2006, beginning at
9 7:01 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members - of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe, and,
14 Commissioners Velma Palmer, Marie Birts and Jay 'Beckman.
15
16 Also in attendance were: City Attorneys Luis Figueredo and
17 Eve Boutsis, City Clerk Maria M. Menendez and City Manager Yvonne
18 Soler - McKinley.
19
20 B. Invocation: The invocation was delivered by Mayor Feliu.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27
28 Bike Giveaway Poem /Essay Contest
29
30 Ten brand new bicycles and safety helmets were presented to
31 the following winners of the poem /essay contest, conducted by the
32 Parks and Recreation Department:
33
34 Rebekah Antoncich from South Miami Elementary; Annya
35 McMillian from South Miami Middle; Corinne Colbert from Ludlam
36 Elementary; Paulina Reynaldo from South Miami Elementary; Noah
37 Sotolongo from David Fairchild Elementary; Wayne Brooks from
38 Ludlam Elementary; Anna Ellis from After School House Program;
39 Sabrina Williams from After School House Program; Katya Garcia
40 from South Miami Elementary, and Amanda Acosta from South Miami
41 Elementary.
42
43 Bicycles and helmets were donated by Bill Ussery Motors, Bob
44 Brockway, CEO and Greg Barnes, General Manager.
45
REGULAR CITY COMMISSION 1
MINUTES - December 19, 2006
1
2 Property & Casualty Insurance Reform
3
4 State Representative Julio Robaina, and former State
5 Representative Carlos LaCasa addressed the Commission with regard
6 to their efforts at the legislature level to remedy the present
7 insurance crises in our State. Rep. Robaina said that they are
8 working together to reform Citizens Insurance. In conclusion,
9 Rep. Robaina said that they are trying to freeze all rates until
10 the legislators come up with 'solutions to the insurance crises.
11
12 2007 Legislative Appropriations Request
13
14 The City's lobbyist, Fausto Gomez, addressed the Commission
15 regarding the City's appropriation requests for the next
16 legislation session: $1.8 million for the stormwater category; $3
17 million for the YMCA acquisition; $400,000 for the Dison property
18 acquisition; $80,000 for the trolley system; and, $150,000 for
19 the elderly meals program. Mr. Gomez then asked for the
20 endorsement by the Commission for this plan.
21
22 In response to the Mayor's inquiry, Mr. Gomez explained that
23 if the City Hall is designated as a hurricane shelter, then
24 there will be some resources available from the Department of
25 Community Affairs to basically strengthen this facility in order
26 to service as a multipurpose building and for it to be hurricane
27 shelter. As an example, Mr. Gomez said that the City of West
28 Miami did that and they were able to receive money from the
29 above -named agency for that purpose. Mayor Feliu said to the
30 City Manager that he would like to look into that.
31
32 This concluded the presentations.
33
34
35 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
36
37
38 1. Approval of Minutes
39
40 Minutes of November 28, 2006
41
42 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu,
43 the motion to approve the minutes of November 28, 2006
44 passed by a 5 -0 vote:
45
46 Commissioner Palmer: Yea
47 Commissioner Birts: Yea
48 Commissioner Beckman: Yea
49 Vice Mayor Wiscombe: Yea
50 Mayor Feliu: Yea
REGULAR CITY COMMISSION 2
MINUTES - December 19, 2006
1 2. City Manager's Report
2
3 Sunset Drive Improvement's Cost Estimate & -up -to -date grant
4 funding source.
5
6 Mr. Balogun referred to the Memo in the agenda package which
7 illustrates the estimated construction cost, complete
8 infrastructure and improvement cost for the project.
9
10 Mr. Balogun also referred to the Memo in the agenda package
11 regarding expenditures over $5,000.
12
13 At this time, Commissioner Beckman referred to the budget
14 process and provided a list. of information he will be requiring
15 from staff. Vice Mayor Wiscombe asked for a copy of the list of
16 Commissioner Beckman's concerns so that the Commission can
17 address it as a body, and then proceed to give directions to the
18 City Manager to proceed.
19
20 Mr. Balogun also explained that staff will be bringing to
21 the Commission a review of the Capital Improvement Program which
22 will include all of the capital improvement projects, which will
23 be an update of our current five -year plan.
24
25 Mr. Balogun then referred to the Manager's Monthly Report,
26 reflecting the improved service from each department.
27
28 Mr. Balogun at this time referred to a previous request by
29 the Mayor to'look into our traffic situation since the County is
30 the one with control over it. He said that upon contacting the
31 County, they came back with an agreement to install traffic
32 control devices in our City, including speed limit and stop
33 signs; however, we will be responsible for any accidents as the
34 result of the installed signs. With any of these changes, we
35 would need to go through a citywide study on traffic control and
36 speed limit even before we can enter into this agreement, and we
37 will need to follow the State process. We will also need to hire
38 a licensed contractor. In addition, we would be responsible for
39 the installation, maintenance and replacement of all of these
40 signs. We will need to agree to all of this before we can embark
41 on having the control of the traffic signs.
42
43 Mayor Feliu said that there is obviously a price tag to
44 this, so the idea is to see if there is consensus out there and
45 if the people really want this. He said that we need to find out
46 what the cost of this will be and determine as to whether we are
47 all willing to do this.
48
49 Vice Mayor Wiscombe said that, if the Commission would
50 agree, he would ask Mr. Balogun to go to Mayor Alvarez and
51 Commissioner Gimenez, and ask them what the process is for the
REGULAR CITY COMMISSION' 3
MINUTES - December 19, 2006
1 County for installing a stop sign. If the County gets tax dollars
2 for doing this, would they be forfeiting those tax dollars to us
3 to implement these things? The Vice Mayor concluded.
4
5 At this time Ms. McKinley reminded the Commission about the
6 Employee Manual Workshop scheduled for January 4, 2007 starting
7 at 6:00 p.m.
8
9 With no further comments, the Manager's :Report concluded.
10
11
12 3. City Attorney's Report
13
14 Counsel Figueredo asked that item no. 24 on the agenda be
15 deferred until the January 9th meeting so that it may be properly
16 noticed.
17
18 Commissioner Birts asked for the status of the salary issue
19 discussed at the last budget hearing. Commissioner Beckman
20 suggested that they discuss that at the Employee Manual Workshop
21 coming up.
22
23 With no further comments, the Attorney's Reports concluded.
24
25
26 PUBLIC REMARKS
27
28 David Tucker Sr. continued with his series of history
29 passages.
30
31 Shirley Huebner urged the Commission to listen to what the
32 citizens have to say. She said that item no. 24, which was not
33 properly advertised, should not have been on this agenda at all.
34 She requested that public hearing ads be placed in the Neighbors
35 with plenty of time prior to the meetings. She then referred to
36 the 40 -year review pertaining to her property, expressing
37 dissatisfaction with the way the City is handling it. On another
38 issue, she expressed concern about the disregard from the part of
39 the Commission about a Parking Committee Report submitted about
40 three years ago with recommendations and that has never been
41 acted upon.
42
43 Yvonne Beckman started to refer to an ordinance on the
44 macmansion issue which was discussed at the last Planning Board
45 meeting. At this time, Counsel Figueredo advised that because Ms.
46 Beckman is a member of the Planning Board, it would not be proper
47 for her to discuss what was discussed at the Planning Board on an
48 item that is not before the Commission on the agenda this
49 evening. She also talked about items no. 25 and 28 on the agenda.
REGULAR CITY COMMISSION 4
MINUTES - December 19, 2006
1
2 Bob Welsh talked about the Planning Board, saying that as
3 opposed to other people's expressed opinion that this board is
4 not being responsive, he said that Mr. Morton, the chairman, is
5 very good at running a dialogue between the board and the
6 audience and commended him for that.
7
8 Walter Harris thanked the Commission for being accessible
9 and for listening to what the people are saying.
10
11 Ann Hoffman referred to item no. 22 on the agenda about a
12 zoning change and commented on the proposed sidewalk going up to
13 US1, saying that there is no way to cross US1 safely.
14
15 Mayor Feliu said that US1 is a federal highway and that
16 there are issues with FDOT; he would love to see an overpass
17 somewhere so that people could cross US1 and that has been
18 discussed many times but it is just a matter of the funding.
19
20 Vice Mayor. Wiscombe then asked Mr. Balogun to place a
21 request for a` crosswalk at SW 80th Street and Fuchs Park.
22
23 Dean Whitman referred to items no. 28 and ' 29 on the agenda
24 saying that the proposal on both items is very dangerous and
25 urged the Commission to treat them cautiously. He said that by
26 creating a PUD the whole zoning code can be tossed out. He urged
27 to follow the recommendation for denial by the Planning Board.
28
29 With no: further speakers the public remarks session was
30 closed.
31
32
33
CONSENT
34
35
227 -06- 12368
36
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
37
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
38
COMMITTEES; RE- APPOINTING JOYCE PRICE TO SERVE ON
THE
39
COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING
40
DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE.
3/5
41
(Mayor Feliu)
42
43
228 -06- 12369
44
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
45
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
46
COMMITTEES; RE- APPOINTING LISA SIMEON TO SERVE ON
THE
47
COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING
48
DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE..
3/5
49
(Mayor Feliu)
REGULAR CITY COMMISSION 5
MINUTES - December 19, 2006
1
2
229 -06 -12370
3
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
4
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
5
COMMITTEES; RE- APPOINTING LILLIE HARRIS TO SERVE ON
THE
6
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
7
DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE.
3/5
8
(Mayor Feliu)
9
10
230 -06 -12371
11
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
12
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
13
COMMITTEES; RE- APPOINTING RODNEY WILLIAMS TO SERVE ON
14
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
15
ENDING DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE
16
DATE
3/5
17
(Mayor Feliu)
18
19
231 -06- 12372
20
8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
21
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
22
COMMITTEES; RE- APPOINTING ALICIA MORALES -FERNANDEZ
TO
23
SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION
24
BOARD FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008;
AND
25
PROVIDING AN EFFECTIVE DATE.
3/5
26
(Mayor Feliu)
27
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232 -06 -12373
29
9.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
30
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
31
COMMITTEES; APPOINTING FRANK RIVERA TO SERVE ON
THE
32
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A
TWO
33
YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING AN
34
EFFECTIVE DATE.
3/5
35
(Mayor Feliu)
36
37
233 -06 -12374
38
10.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
39
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
40
COMMITTEES; APPOINTING OFFICER PAUL RODRIGUEZ, TO SERVE
41
ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A ONE -YEAR
42
TERM ENDING DECEMBER 18, 2007; AND PROVIDING
AN
43
EFFECTIVE DATE.
3/5
44
(Mayor Feliu)
45
46
234 -06 -12375
47
11.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
48
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
REGULAR CITY COMMISSION 6
MINUTES - December 19, 2006
1
COMMITTEES; RE- APPOINTING SGT. MICHAEL D'ANGELO,
TO
2
SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A
3
TWO -YEAR TERM ENDING DECEMBER 18, 2008; AND PROVIDING
4
AN EFFECTIVE DATE.
3/5
5
(Mayor Feliu)
6
7
235 -06 -12376
8
12.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
9
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
10
COMMITTEES; RE- APPOINTING SUZANNE WILLIAMS, A RESIDENT
11
OF THE CITY OF SOUTH MIAMI, TO SERVE ON THE BOARD OF
12
TRUSTEES /POLICE OFFICERS FOR A TWO YEAR TERM ENDING
13
DECEMBER 18, 2008; AND PROVIDING AN EFFECTIVE DATE.
3/5
14
(Mayor Feliu)
15
16
236 -06 -12377
17
13.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
18
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
19
COMMITTEES; APPOINTING GLADYS GILLIAM- TURNER TO SERVE
20
ON THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD
21
FOR A TWO YEAR TERM ENDING DECEMBER 18, 2008;
AND
22
PROVIDING AN EFFECTIVE DATE.
3/5
23
(Mayor Feliu)
24
25
237 -06 -12378
26
14.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
27
CITY OF'SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
28
COMMITTEES; APPOINTING ALBERT ELIAS TO SERVE ON
THE
29
PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER
30
18, 2008; AND PROVIDING AN EFFECTIVE DATE.
3/5
31
(Mayor Feliu)
32
33
238 -06 -12379
34
15.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
35
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
36
COMMITTEES; APPOINTING SHARON MCCAIN TO SERVE ON
THE
37
PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER
38
18, 2008; AND PROVIDING AN EFFECTIVE DATE.
3/5
39
(Mayor Feliu)
40
41
239 -06 -12380
42
16.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
43
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
44
COMMITTEES; APPOINTING KENNETH MERKER TO SERVE ON
THE
45
PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER
46
18, 2008; AND PROVIDING AN EFFECTIVE DATE.
3/5
47
(Mayor Feliu)
48
REGULAR
CITY COMMISSION 7
MINUTES
- December 1!9, 2006
1
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3
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5
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240. -06 -12381
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING SHIRLEY HUEBNER TO SERVE ON THE
PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER
18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
241 -06 -12382
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MICHAEL MILLER TO SERVE ON THE
PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER
18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
242 -06 -12383
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ALEX ABRIL TO SERVE ON THE
PARKING BOARD FOR A TERM OF TWO YEARS ENDING DECEMBER
18, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
243 -06 -12384
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $38,806.67; CHARGING
$38,806.67 TO ACCOUNT NO. 001-1500-514-3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
(City Attorney)
Moved by Vice Mayor Wiscombe, seconded by Commissioner
Birts, the motion to approve the Consent Agenda passed by a 5 -0
vote:
REGULAR CITY COMMISSION
MINUTES - December 19, 2006
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
i'
1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
2
3
31 -06 -1899
4
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5
CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 3 OF
6
THE CITY OF SOUTH MIAMI CODE OF ORDINANCES BY REVISING
7
ARTICLE VI ENTITLED "ADVERTISING BENCHES" TO REGULATE
8
ADVERTISING AT, IN OR ON BUS SHELTERS; PROVIDING FOR
9
SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN
10
EFFECTIVE DATE. 3/5
11
(City Manager)
12
13
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe
to
14
approve this item.
15
16
Ms. McKinley presented this item. This is an amendment
to
17
the current ordinance for the regulation of advertising on
bus
18
shelters.
19
20
At this time the public hearing was opened.
21
22
Yvonne Beckman said that she agrees with the concept
of
23
promoting the use of public transportation; however, we have
bus
24
benches on Red Road, from Sunset Drive to Dante Fascell Park
and
25
you never see a person waiting at the bus stops.
26
27
Frank Cuzzocrea referred to Section 3- 51(d), page 4 of
5,
28
asking as to whether "bus shelter" should be added to
the
29
language. Vice Mayor Wiscombe clarified that the reason being
30
that they also need to have a route map there.
31
32
Commissioner Palmer said that maybe when the trolley system
33
is in place, it will be when we really need the benches.
34
35
With no further comments or discussion, the motion
to
36
approve this item passed by a 5 -0 vote:
37
38
Commissioner Palmer: Yea
39
Commissioner Birts: Yea
40
Commissioner Beckman: Yea
41
Vice Mayor Wiscombe: Yea
42
Mayor Feliu: Yea
43
44
45
32 -06 -1900
46
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
47
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
48
AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
REGULAR CITY COMMISSION 9
MINUTES - December 19, 2006
1 MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE
2 DISTRICT FROM "RS -3" SINGLE FAMILY RESIDENTIAL ZONING
3 DISTRICT TO "RT -6" TOWNHOUSE RESIDENTIAL ZONING
4 DISTRICT FOR PROPERTY LOCATED AT 6540 MANOR LANE; THE
5 PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF
6 TWO TOWNHOUSE RESIDENTIAL UNITS; PROVIDING FOR
7 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
8 PROVIDING AN EFFECTIVE DATE. 4/5
9 (City Manager)
10
11 Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts
12 to approve this item.
13
14 Mr. Youkilis presented this item.
15
16 After speakers were sworn in, the public hearing was opened.
17
18 Tucker Gibbs, representing the owner of the property, said
19 that the Commission has heard everything that needs to be said
20 about this and that he would be relying on the staff's
21 recommendation and urged the Commission to approve the request.
22
23 David Tucker Sr. said that this is a good development for
24 the particular site. He said that he wanted to make certain that
25 there will not be any further exceptions granted.
26
27 Bob Welsh said that about 140 of the neighbors have already
28 agreed with this proposal.
29
30 With no further speakers the public hearing was closed.
31
32 Vice Mayor Wiscombe said that this is something that is
33 bringing the neighborhood together with the consensus of what
34 they want to see there, and he thanked the owner for this.
35
36 With no further comments or discussion, the motion to
37 approve this item passed by a 5 -0 vote:
38
39 Commissioner Palmer: Yea
40 Commissioner Birts: Yea
41 Commissioner Beckman: Yea
42 Vice Mayor Wiscombe: Yea
43 Mayor Feliu: Yea
44
45 33 -06 -1901
46 -23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
47 CITY OF ,SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
48 CHAPTER 20- 4.4(I)(1) OF THE LAND DEVELOPMENT CODE
49 RELATING TO VALET PARKING TO CORRECT SCRIVENER'S ERROR
REGULAR CITY COMMISSION 10
MINUTES - December 19, 2006
1 TO CORRECTLY CROSS- REFERENCE TO RE- NUMBERED SUBSECTION
2 20- 4.4(M) RATHER THAN 20- 4.4(L) AND CORRECTING THE TITLE
3 TO SUBSECTION 20- 4.4(M); PROVIDING FOR SEVERABILITY;
_4 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
5 (City Manager)
6
7 Moved by Vice Mayor Wiscombe, seconded by Commissioner
8 Palmer to approve this item.
9
10 Counsel Figueredo explained that as the Land _Development
11 Code has been amended over time, some of the sections do not
12 correlate. Therefore, the purpose of this ordinance is just to
13 correct technical errors and make it more user friendly.
14
15 The public hearing was opened and closed with no speakers.
16
17 With no further comments or discussion, the motion to
18 approve this item passed by a 5 -0 vote:
19
20 Commissioner Palmer: Yea
21 Commissioner Birts: Yea
22 Commissioner Beckman: Yea
23 Vice Mayor Wiscombe: Yea
24 Mayor Feliu: Yea
25
26 RESOLUTION (S) /PUBLIC HEARING (S)
27
28 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
30 PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE
31 FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
32 PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
33 DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
34 EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
35 ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
36 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
37 COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
38 COVERAGE ON SW 74' STREET; (2) ALLOW A BUILDING TO
39 HAVE 50,163 SQUARE FEET WHICH EXCEEDS THE MAXIMUM
40 PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET;
41 (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59' COURT
42 WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT
43 REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT
44 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY;
45 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
46 EFFECTIVE DATE. 4/5
47 (City Manager)
REGULAR CITY COMMISSION 1 1
MINUTES December 19, 2006
1
2 Moved by Vice Mayor Wiscombe, seconded by Commissioner
3 Palmer to approve this item.
4
5 With no comments or discussion, moved by Mayor Feliu,
6 seconded by Vice Mayor Wiscombe, the motion to defer this item
7 passed by a 5 -0 vote:
8
9 Commissioner Palmer: Yea
10 Commissioner Birts: Yea
11 Commissioner Beckman: Yea
12 Vice Mayor Wiscombe: Yea
13 Mayor Feliu: Yea
14
15
16 RESOLUTION (S)
17
18 244 -06- 12385
19 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SOUTH
21 MIAMI -DADE WATERSHED STUDY AND PLAN; EXPRESSING STRONG
22 CONCERNS WITH THE CONCLUSIONS OF THE WATERSHED PLAN AND
23 SPECIFICALLY THE PORTION OF THE PLAN THAT APPEARS TO
24 IMPOSE HIGH DENSITY MULTI- FAMILY ZONING WITHIN A LINE
25 DRAWN FOR `ZONE A AND ZONE B' THAT EXTENDS '-z MILE FROM
26 THE US 1 AND OTHER CORRIDORS; URGING THE COUNTY
27 COMMISSION TO MODIFY THAT PORTION OF THE PLAN AND TO
28 CLEARLY STATE IN THE WATERSHED PLAN THAT THERE SHALL BE
29 NO IMPOSITION OR OVERLAY OF ANY ZONING PARTICULARLY
30 HIGH DENSITY ZONING IN SINGLE FAMILY AREAS; SEEKING
31 SUPPORT FROM ALL AFFECTED COMMUNITIES; PROVIDING AN
32 EFFECTIVE DATE. 3/5
33 (Commissioner Beckman)
34
35 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to
36 approve this item.
37
38 Commissioner Beckman presented this item, asking the full
39 support of the Commission. He then proceeded to make a motion for
40 the consideration of the revised resolution.
41
42 Moved by Commissioner Beckman, seconded by Vice Mayor
43 Wiscombe, the motion to adopt the revised resolution passed by a
44 5 -0 vote:
45
46 Commissioner Palmer: Yea
47 Commissioner Birts: Yea
48 Commissioner Beckman: Yea
REGULAR CITY COMMISSION 12
MINUTES - December 19, 2006
1 Vice Mayor Wiscombe: Yea
2 Mayor Feliu: Yea
3
4 Counsel Boutsis explained at this juncture that it is
5 important that the adopted resolution be sent to the Watershed
6 Committee before they meet on Thursday of this week.
7
8 With no further comments or discussion, the motion to
9 approve this item as amended passed by a 5 -0 vote:
10
11 Commissioner Palmer: Yea
12 Commissioner Birts: Yea
13 Commissioner Beckman: Yea
14 Vice Mayor Wiscombe: Yea
15 Mayor Feliu: Yea
16
17
18 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
19
20
21 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES;
23 AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND,
24 L.L.C. FOR A TEN YEAR RENEWAL TERM, WITH AN AUTOMATIC
25 RENEWAL TE AN OPTION TO RENEW FOR AN ADDITIONAL FIVE
26 YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE FEE
27 AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR
28 STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING
29 SERVICES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
30 CONFLICT, AND AN EFFECTIVE DATE. 4/5
31 (City Manager)
32
33 Moved_ by Commissioner Palmer, seconded by Vice Mayor
34 Wiscombe to approve this item.
35
36 Counsel Boutsis presented this item.
37
38 Commissioner Palmer expressed concern with regard to the
39 "automatic renewal language in the ordinance. She said that this
40 term does not allow the Commission for an opportunity to evaluate
41 the performance of the company. She said that she would be
42 proposing an amendment regarding this by replacing "automatic
43 renewal" with "an option to renew."
44
45 Vice Mayor Wiscombe said that he has constantly been
46 receiving complaints from subscribers about the cable service. He
47 then said that because of all of the complaints that have been
48 received, he would like to propose the following: that the cable
REGULAR CITY COMMISSION 13
MINUTES - December 19, 2006
1 company sends questionnaires to residents annually and to report
2 back to this Commission within 30 days of the anniversary date on
3 how we can address the concerns that have been forwarded from the
4 citizenry; and we need to have an annual review of the cable
5 service. He said that he also has a problem with any automatic
6 five -year renewal. The extension should be brought to this
7 Commission for approval. According to the agreement, he
8 continued, we should receive cable services in all municipal
9 buildings at no cost, but we have been having problems getting
10 service at the Community Center and Public Works.
11
12 Counsel Boutsis said that a lot of the suggestions by the
13 Vice Mayor are already in the agreement; however, they could add
14 more specific language for clarification and that she will revise
15 it in time for the second reading of the ordinance. The Vice
16 Mayor added that if there is a transfer to any other group, the
17 provisions of this contract need to be renegotiated and approved
18 by this Commission.
19
20 Ms. Boutsis then explained that the way is currently
21 drafted, within the 125 ft they provide the equipment and the
22 supplies; if it takes more than 125 ft to get to their main
23 utility line, the City pays for the difference. She said that she
24 needs direction on what they would like to change.
25
26 Ms. Boutsis, in response to Commissioner Beckman's question
27 said that the ten -year period is standard for what she has seen
28 in this area. She also explained that there is a service
29 provision in the agreement concerning ways to cure any issues
30 that may arise along the way, and pointed to page 18 of Exhibit
31 A.
32 Todd Wells, attorney with Atlantic Broadband, addressed the
33 Commission with information regarding the operation of the
34 company and how they address all complaints from customers. He
35 said that the amount of complaints have been drastically reduced
36 since they took over. He pointed out that the quality of voice
37 and picture depends on the type of equipment we have and that the
38 equipment room of the City must be properly maintained.
39
40 Moved by Commissioner Palmer, seconded by Vice Mayor
41 Wiscombe, the motion to amend the ordinance, replacing the
42 language "automatic renewal" with "an option to renew" passed by
43 a 4 -0 vote:
44
45 Commissioner Palmer: Yea
46 Commissioner Birts: Absent
47 Commissioner Beckman: Yea
48 Vice Mayor Wiscombe: Yea
49 Mayor Feliu: Yea
50
51 At this time the public hearing was opened.
REGULAR CITY COMMISSION 14
MINUTES - December 19, 2006
1
2 Yvonne Beckman suggested conducting an RFP in order to see
3 what is out there for comparison.
4
5 Frank Cuzzocrea referred to the service provisions in the
6 agreement, saying that he would like to see an automatic refund
7 system during the hurricane season. He also said that since the
8 channels were moved from channel 5 to the current channel 77,
9 that some individuals do not have televisions that go up to those
10 high channels. He then asked that proper notice be sent to
11 subscribers when changes in channels are made, and that he would
12 like to see it in a lower channel.
13
14 Mr. Well's said that almost every TV that is out there and
15 that it is operational -today goes to channel 82; he explained
16 that subscribers may go to their website in order to get a
17 converted box. About the refund, he said that the issue with the
18 refund is that they have to be notified when someone is out of
19 cable, and that is why they have the 1 -800 number or the email
20 for notification.
21
22 With no further speakers, the public hearing was closed.
23
24 Vice Mayor Wiscombe instructed Counsel Boutsis to include in
25 the language the questionnaire to be mailed out to the
26 subscribers; the hook up of the Community Center, Public Works
27 and the After School House; and, that the equipment room is
28 updated to make sure that the meetings will be played on a
29 regular basis and with the high quality that is expected. This
30 motion was approved by acclamation from the majority of the
31 Commission.
32
33 With no further comments or discussion, the motion to
34 approve this item as amended passed by a 4 -0 vote:
35
36 Commissioner Palmer: Yea
37 Commissioner Birts: Absent
38 Commissioner Beckman: Yea
39 Vice Mayor Wiscombe: Yea
40 Mayor Feliu: Yea
41
42
43
44 ORDINANCE (S) FIRST READING
45
46 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
47 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE;
48 AMENDING SECTION 1OA -45 OF THE CITY'S CODE IN ORDER TO
49 REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON
REGULAR CITY COMMISSION 15
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SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN
CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE
PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY
AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE
PROPER REVIEW AND DRAINAGE; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. (Deferred 12105106) 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Mayor Feliu presented this item.
Commissioner Beckman for clarification said that these
requirements will be applied to new construction only.
Commissioner Palmer said that she agrees with the fact that
homeowners should be protected, but she also expressed concern as
to whether these requirements would be too strict, putting too
much pressure on people.
Mayor Feliu said that these requirements were actually part
of the South Florida Building Code, but with the passage of time
that language was lost.
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
Commissioner Palmer, the motion to extend the meeting until 11:15
p.m. passed by a 4 -0 vote:
Commissioner Palmer:
Yea
Commissioner Birts:
Absent
Commissioner Beckman:
Yea
Vice Mayor Wiscombe:
Yea
Mayor Feliu:
Yea
With no further comments or discussion, the motion to
approve this item passed by a.4 -0 vote:
Commissioner Palmer:
Yea
Commissioner Birts:
Absent
Commissioner Beckman:
Yea
Vice Mayor Wiscombe:
Yea
Mayor Feliu:
Yea
28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CERTIFICATES
OF OCCUPANCY; AMENDING SECTION 20 -5.16 - RELATING TO
REGULAR CITY COMMISSION
MINUTES - December 19, 2006
1 UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO
2 PROVIDE FOR THE OPTION OF USING A DECLARATION OF
3 RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE;
4 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
5 AN EFFECTIVE DATE_ 3/5
6 (City Manager)
7
8 Moved by Commissioner Palmer, seconded by Vice Mayor
9 Wiscombe to approve this item.
10
11 Counsel Figueredo presented this item. The Land Development
12 Code requires a unity of title when developing on two contiguous
13 lots; what it does is to prohibit the property owner from selling
14 one parcel without the other, and that is the extent of the
15 limitations of a unity of title. What this ordinance amendment
16 does is that it gives the Commission greater control by allowing
17 imposing additional conditions.
18
19 Commissioner Palmer at this juncture asked as to what are
20 the benefits of this to the residents; what would be the impact
21 on the City; and why would we need it
22
23 Counsel Figueredo said that we should have this because what
24 it does is that it allows the City to look at the proposed
25 development, scrutinize it, and say that in order for the City to
26 approve it we are going to impose certain restrictions which will
27 run with the land; and, the restrictions will be transferred to
28 the new owner.
29
30 Mayor Feliu, as an example, cited the gym next to Gulliver,
31 which grew out of proportion and the Commission could do nothing
32 about it because they already had the unity of title with no deed
33 restrictions, so the owner was able to do what he /she wanted with
34 that property; therefore, they ended up with a huge building that
35 the City had no input to do anything about it.
36
37 Commissioner Beckman said that people in the community are
38 afraid of PUDs; however, this does not do anything to promote
39 PUDs anymore than what is already in our Code.
40
41 With no further comments or discussion, the motion to
42 approve this item passed by a 3 -1 vote
43
44 Commissioner Palmer: Nay
45 Commissioner Birts: Absent
46 Commissioner Beckman: Yea
47 Vice Mayor Wiscombe: Yea
48 Mayor Feliu: Yea
49
50 At 11:15 p.m. the meeting was adjourned.
REGULAR CITY COMMISSION 17
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29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO
UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A
DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY
OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
COMMISSION REMARKS
The Commission was afforded time to make remarks.
There being no further business to come before this Body,
the meeting adjourned at 11:16 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - December 19, 2006
W.
Approved
Horace G. Feliu
Mayor
South Miami
NI- America City
1 1
--- CITY OF SOUTH MIAMI
NCOR9P27ATED� • OFFICE OF THE CITY MANAGER
2001
INTER- OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Sanford A. Youkilis, Acting Planning Directory'
Date: December 19, 2006 ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO
UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A
DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF
TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
Background:
The Land Development Code Section 20 -8.16 requires a Unity of Title when a proposed development
project is to be built on two or more platted lots. The TODD zoning district section of the Code also
specifies when a unity of title is required and further refers back to the more detailed section on unity of
title which is Section 20 -5.16. It is proposed that this section also be amended to include the alternative
use of a Declaration of Restrictions in Lieu of Unity of Title.
The term "Unity of Title" is defined under our Land Development Code as "a written agreement executed
by and between a property owner and the City of South Miami, whereby the property owner for specified
consideration by the City agrees that the lots and /or parcels of land constituting the building site shall not
be conveyed, mortgaged and /or leased separate and apart from each other and they shall be held together
as one tract."
The proposed amendment to Section 20 -8.16 simply allows the City to accept a "Declaration of
Restriction" in lieu of the Unity of Title when approving a development on two or more abutting and
platted lots in the TODD zoning district.
A Declaration of Restriction in lieu of a Unity of Title is one of many different written instruments
utilized by municipalities to implement land use controls on property. Where a Unity of Title generally
requires pursuant to our code only requires that the owner commit not to lease, mortgage or convey the
parcels separately a Declaration of Restrictions in lieu of a Unity of Title essentially provides the City a
better mechanism for imposing additional restrictions.
Declaration of Restrictions in lieu of a Unity of Title are effectively deed restrictions that run with the
land and limit the future use of the property. Deed restrictions may impose a variety of limitations and
0)
conditions, for example, they may limit the density or dictate the type of structure that can be erected, or
prevent buildings from being used for a specific purpose. Consequently, this proposed amendment allows
for Declarations of Restrictions in lieu of the Unity of Title, to be utilized by the city when approving a
development project on two or more abutting platted lots.
Planning Board Action:
The Planning Board at its November 29, 2006 after a public hearing adopted a motion by a vote of 4
ayes 2 nays recommending denial of the proposed amendment.
Recommendation:
It is recommended that the draft ordinance be adopted on first reading.
Backup Documentation:
Ordinance
Public notices
LF /SAY
P: \Comm Items\2006 \12- 19- 06\PB -06 -037 LDC Amend Unity 20 -8.16 CM Report.doc
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I
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
LAND DEVELOPMENT CODE; AMENDING SECTION 20 -8.16
RELATING TO UNITY OF TITLE; PROVIDING FOR THE
OPTION OF USING A DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to promote, protect and improve the health, safety and welfare of the residents and
businesses of, and visitors to, the City of South Miami by enhancing the provisions of the
city's Land Development Code by providing additional options, which options would
facilitate the growing trend of mixed use development; and,
WHEREAS, the city's Land Development Code provides enhanced regulation of
building construction and regulation within the city; and,
WHEREAS, pursuant to Section 20 -5.16 of the Land Development Code, the city
allows the use of either a "unity of title" or a declaration of restrictions in lieu of unity of
title, and,
WHEREAS, it is in the best interests of the city, and consistent with mixed use
development trends, and particularly, within the TODD district, to provide the city with
the option of requiring a declaration of restriction in lieu of unity of title, rather than
solely the option of a unity of title for development; and,
WHEREAS, the use of a declaration of restrictions in lieu of a unity of title would
provide the same safeguards, provided however, there project could be developed with
multiple ownership, rather than a single individual; and,
WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's
land development code by providing options to the city, its residents and its businesses by
providing alternative mechanisms for achieving the site plan protection the city desires;
and,
WHEREAS, the Planning Board at its November 29, 2006 meeting, after a public
hearing, adopted a motion by a vote of 4 ayes 2 nays recommending denial of proposed
amendments; and,
Additions shown by underlining and deletions shown by ever- stfiki g.
2
l
2
3
4 WHEREAS, the Mayor and City Commission desire to amend section 20 -8.16, of
5 the Land Development Code to provide for either a unity of title or a declaration of
6 restrictions in lieu of a unity of title for developments within the TODD district.
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
9 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
10
11 Section 1. Section 20 -8.16 is amended to reads as follows:
12
13 20 -8.16 Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title
14 required.
15
16 (A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set
17 forth in Section 20 -5.16, is required for all platted lots in any development project within
18 the TODD if any of the following conditions exist.
19 (1) If a development project is to be built on two (2) or more abutting platted lots;
20
21 (2) If the permitted density of a development project is based upon the averaging
22 of two or more platted lots either abutting or located on the opposite side of a
23 public right -or -way or alley;
24
25 (3) If the required parking for a development project is located on a lot other than
26 on the site which is generating the required parking.
27
28 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
29 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
30 shall not affect the validity of the remaining portions of this ordinance.
31
32 Section 3. All ordinances or parts of ordinances in conflict with the provisions
33 of this ordinance are repealed.
34
35 Section 4. This ordinance shall be codified and included in the Land
36 Development Code.
37
38 Section 5. This ordinance shall take effect immediately upon enactment.
39
40 PASSED AND ADOPTED this day of November, 2006.
31
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3
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
"C• /
MAYOR
1St Reading —
2"d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
P: \Comm Items\2006 \12- 19- 06\LDC Text Amend Unity of Title 20- 8.16.doc
Additions shown by underlining and deletions shown by eve king.
SUBSTITUTE ITEM
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
5 LAND DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30
6 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR
7 THE OPTION OF USING A DECLARATION OF RESTRICTIVE
8 COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR
9 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the Mayor and City Commission of the City of South Miami desire
13 to promote, protect and improve the health, safety and welfare of the residents and
14 businesses of, and visitors to, the City of South Miami by enhancing the provisions of the
15 city's land development code by providing additional options, which options would
16 facilitate the growing trend of mixed use development; and,
17
18 WHEREAS, the city's land development code provides enhanced regulation of
19 building construction and regulation within the city; and,
20
21 WHEREAS, pursuant to section 20 -5.16 of the land development code, the city
22 allows the use of either a "unity of title" or a declaration of restrictions in lieu of unity of
23 title, and,
WHEREAS, it is in the best interests of the city, and consistent with mixed use
development trends, and particularly, within the TODD district, to provide the city with
the option of requiring a declaration of restriction in lieu of unity of title, rather than
solely the option of a unity of title for development; and,
WHEREAS, the use of a declaration of restrictions in lieu of a unity of title
would provide the same safeguards, provided however, there project could be developed
with multiple ownership, rather than a single individual; and,
WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
163 and 166, Florida Statutes, the City desires to enhance the effectiveness of the city's
land development code by providing options to the city, its residents and its businesses by
providing alternative mechanisms for achieving the site plan protection the city desires;
and,
WHEREAS, the Mayor and City Commission desire to amend sections 20- 7.30
and 20 -8.16, of the Land Development Code to provide for either a unity of title or a
Additions shown by underlining and deletions shown by ^T�°r�g
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SUBSTITUTE ITEM
declaration of restrictions in lieu of a unity of title for developments within the
Hometown district or the TODD district.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -7.30 is amended to read as follows:
20 -7.30: Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title
required.
(A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title as set
forth in Section 20 -5.16, is required for all platted lots in any development project within
the HD 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 or more platted lots either abutting or located on the opposite side of a
public right -or -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.
Section 2. Section 20 -8.16 is amended to reads as follows:
20 -8.16 Unity of tTitle or Declaration of Restrictions in Lieu of Unity of Title
required.
(A) A Unity of Title or a Declaration of Restrictions in Lieu of Unity of Title 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 or more platted lots either abutting or located on the opposite side of a
public right -or -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.
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SUBSTITUTE ITEM
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Code of
Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of January, 2007.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by ever-strik