02-15-05 Item 17ZUUI
To: Honorable Mayor, Vice Mayor Date: February 15, 2005
And Commission Members
f ITEM No.
From: Maria Davis / Re: LDC Amendment
Ci ty g Mana e PUD -M Technical
Correction
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.7(E)(1)(c) ENTITLED "MIXED USE
(PUD -M)" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MAXIMUM
DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED USE PROJECT AND THE METRO
RAIL STATION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
During the past several months, the City has been in the process of reviewing a development
proposal entitled "Red Road Commons", which includes a request to change zoning from
TODD(MU -4) to "PUD -M" Planned Unit Development -Mixed Use District. The LDC
provides a separate section on PUD -M in which requirements, uses allowed and minimum
standards are set forth for the district (Section 20- 3.7(E)(1)). During one of the meetings on the
Red Road Commons project, it was noticed that one of the standards in that section contained a
technical or scrivener's error which requires correction.
TECHNICAL ERROR
The PUD -M zoning district was created by the City to allow for a flexible development process
which also encourages a mix of uses in close proximity to the Metro Rail station. This is
illustrated by the following excerpt from the PUD -M section in the Land Development Code.
Section 20 -3.7
"(E) Mixed Use (PUD -M).
(1) General Requirements.
(a) A PUD -M district may be established for complementary and compatible
combinations of commercial, office, hotel or motel, multi family
residential and similar uses directly located and related to the MetroRail
station:
LDC Amendment)
February 15, 2005
Page 2 of t
(b) Such planned unit developments shall be subject to the general
procedures, standards and requirements of this Code applicable to all
planned unit development, as well as the requirements of this section.
(c) The closest major entrance to anyproposed PUD -M development shall be
not less than twelve hundred (1,200) feet from the MetroRail station, as
measured along the shortest route to accommodate largest number of
pedestrians.
The above text shown in bold and underlined can be read as requiring a PUD -M to be more than
1,200 feet from the Metro Rail Station which conflicts with the basic objective of having PUD-
M projects within pedestrian walking distance of the station. Both staff and the developer
interpreted the sentence to read that a PUD -M project must be within 1,200 feet of the station.
This wording, if not corrected, could lead to PUD -M rezoning requests in areas far away from
the Metro -Rail affecting mixed use areas like SW 62 Avenue, Madison Square, other areas
designated Mixed Use Commercial /Residential Land Use, as well as residential neighborhoods.
LDC PROPOSED AMENDMENT
It is proposed that subparagraph (c )_be amended to read:
"(c) The closest major entrance to any proposed PUD -M development shall be
nW less than twelve hundred (1,200) feet from the MetroRail station, as
measured along the shortest route to accommodate the largest number of
pedestrians.
PLANNING BOARD ACTION
The Planning Board at its January 25, 2005 meeting, after a public hearing, adopted a motion by
a vote of 5 ayes 0 nays to recommend approval of the proposed technical amendment to the
PUD -M section of the Land Development Code.
RECOMMENDATION
The current language is obviously a scrivener's error which needs to be corrected. It is recommended
that the proposed amendment be adopted on second reading..
Attachments:
Proposed Ordinance
Public Notices
MD/DOD /SAY
E: \Comm Items\2005\2- 15- 05\LDC Tech Amend PUD -M Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.7(E)(1)(c)
ENTITLED .t " MIXED USE (PUD -M)" IN ORDER TO CORRECT A TECHNICAL ERROR
RELATED TO THE MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED
USE PROJECT AND THE METRO RAIL STATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the PUD -M zoning district was created by the City to allow for a flexible
development process which also encourages a mix of uses in close proximity of the Metro Rail
station; and
WHEREAS, the Planning Department has been in the process of reviewing a development
proposal which includes a request to change zoning to "PUD -M" Planned Unit Development -
Mixed Use District; and
WHEREAS, during the review process it was discovered that one of the standards in the
PUD -M section (Section 20- 3.7(E)(1)) contained a technical or scriveners error which requires
correction.; and
WHEREAS, one of the general requirements for a PUD -M district provides that there must
be more than 1200 distance from the Metro Rail to a development in the PUD -M which conflicts
with the basic objective of having PUD -M projects within pedestrian walking distance of the
station.; and
WHEREAS the above wording if not corrected could lead to PUD -M rezoning requests in
areas far away from the Metro -Rail affecting mixed use areas like SW 62 Avenue, Madison
Square, other areas designated Mixed Use Commercial/Residential Land Use, as well as
residential neighborhoods.
WHEREAS, the current language is obviously a scriveners error which needs to be
corrected via the adoption of a technical amendment; and
WHEREAS, the Planning Board at its January 25, 2005 meeting, after public hearing,
approved a motion by a vote of 5 ayes and 0 nays recommending that the proposed Land
Development Code amendment contained in this ordinance be adopted; and
WHEREAS, the City Commission desires to accept the recommendations of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 3.7(E)(1), entitled "Mixed Use (PUD -M)" of the South Miami Land
Development Code is hereby amended to read as follows:
Section 20 -3.7
"(E) Mixed Use (PUD -M).
(1) General Requirements.
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(a) A PUD -M district may be established.for complementary and compatible
combinations of commercial, office, hotel or motel, multi- family
residential and similar uses directly located and related to the MetroRail
station.
(b) Such planned unit developments shall be subject to the general
procedures, standards and requirements of this Code applicable to all
planned unit development, as well as the requirements of this section.
(c) The closest major entrance to any proposed PUD -M development shall be
less than twelve hundred (1,200).feet.from the MetroRail station, as
measured along the shortest route to accommodate largest number of
pedestrians.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
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, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2005
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
NOTE:; wording to be removed indicated by strike- through.
E: \Comm Items \2005\2- 1- 05 \LDC Tech Amend PUD -M Ord.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in 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 2 /15/2005
in the XXXX Court,
was published in said newspaper in the issues of
02/04/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount bate, commission or refund for the purpose
of sec Uri is adv is ent r publication in the said
newspa r.
Sworn to and subscribed before me this
04 d BRUARY
gar Maria i. Mesa
(SEAL) a Mh/ Commission DD293855
O.V. FERBEYRE personally kno � s M-3 March 04,. 2008
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in 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 FOR 2/1/2005
in the XXXX Court,
was published in said newspaper in the issues of
01/21/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, fora
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin his adve ' ent for publication in the said
newspapdr., ff
Sworn to and subscribed before me this
21 of` AR; V1 .D. 2005
(SEAL) ` Marie 1. Mesa
&Wto
MY C ommission DD293855
O.V. FERBEYRE personallyxmplees March 04 2008
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MENEM
.. COURTEOSY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, February 1, 2005, beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the
following:
Second Reading Ordinances:
AN ORDINANCE ADOPTING PHASE II PLAN SUPPLEMENT AS UPDATING AND
MODIFYING THE SOUTH MIAMI COMMUNITY REDEVELOPMENT PLAN AND
PROVIDING FOR TRANSMITTING THE PLAN TO THE MIAMI -DADE COUNTY BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR FURTHER ACTIONS TO IMPLEMENT THE
PLAN.
AN ORDINANCE RELATING TO ALARM SYSTEMS; REPEALING SE0011 15 -1 ;i' 1-9
ENTIRETY AND CREATING A NEW AMENDING SECTION 15 -4 -1 THROUGH 15 -4 -10
ENTITLED BURGLARY AND ROBBERY ALARM; PROVIDING FOR ALARM PERMITTING,
PERMITTING FEES AND FINES FOR NON- COMPLIANCE, ISSUANCE OF FALSE ALARM
REPORTS AND APPEALS OF FALSE ALARM REPORTS.
First Reading Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.7(E)(1)(c)
ENTITLED "MIXED USE (PUD -M) IN ORDER TO CORRECT A TECHNICAL ERROR
RELATED TO THE MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT
MIXED USE PROJECT AND THE METRO RAIL STATION.
Inquiries concerning this item should be directed to the Planning Department at 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez
City Clerk
Pursuant to Florida Statutes 288.0105, the City hereby advises the public that if a person decides to appeal any
decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing,
he or she will need a record of the proceedings, and that for such purpose, affected person may need to 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.
The meeting shall be held at Deering Estate
Visitor's Center, 18701 SW 72 Avenue,
Palmetto Bay, FL 33157. Any meeting may be
opened and continued and, under such
circumstances, additional legal notice would
not be provided. Any person may contact the
Village Hall at (305) 259 -1234 for information.
In accordance with the Americans with
Disabilities Act of 1990, persons needing
- RELIGION, FROM 27
evening services will be con-
ducted by Rabbi David D. Schon-
blum, whose sermon topic will be
"Why Jethro Came," at 8 p.m.
Friday. Candle lighting is at 5:43
p.m. Shabbat morning services
will discuss the Torah portion,
Yitro at 9:30 a.m. Saturday.
Immediately following services,
Schonblum will lead a Lunch and
Learn entitled "Moses: A Lesson
in Jewish Leadership." Shabbat
ends at 6:40 p.m. Shabbat eve-
ning services will be 8 p.m. Feb.
4. Candle lighting is at 5:49 p.m.
Shabbat morning services will
discuss the Torah portion, Mish-
patim at 9:30 a.m. Feb. 5. The
blessings for the new Hebrew
month of Adar I will be chanted.
Shabbat ends at 6:44 p.m. Miami
Heat Basketball game at 7 p.m.
Feb. 5. A chartered bus will leave
the temple at 7 p.m. for the tipoff
at the American Airlines Arena in
Downtown Miami. Cost: $40 per
ticket and $7.50 for each round -
trip bus ticket. Call the Syna-
gogue office for reservations and
additional information. Kids
Club, open to children in kinder-
garten through fifth grade: meet-
ings will be held Feb. 9, March 9,
April 13 and May 11. All events will
be held at the temple. Dues for
the year are $60,, which will
include all regularly scheduled
activities and snacks. Daily Min -
yan is at 7:30 p.m, Monday
through Thursday. Temple
Samu -El Or Olom, affiliated with
the United Synagogue of Con -
servative Judaism, is a caring,
egalitarian and full service Con-
servative synagogue in South
Dade, For information call
305 - 271 - 5756. E -mail: tsoomia
mi @aol.com. Website:
www.tsoomiami.org. .
Temple Sinai of North Dade,
305 - 932 -9010: • Tu e'shevat
Weekend is Friday and Saturday.
Friday evening is a special Shab-
bat Under the Trees service at
7:30 p.m. focusing on nature. The
service will be held outside at the
temple's holocaust memorial.
Saturday at noon is the annual
Blessing of the Animals. Bring
your pets for a special blessing.
Temple Zion Israelite Center,
305- 271 -2311: Friday evening
Yartzeit and Kaddish service is
from 8:15 to 9 p.m. Saturday
morning services are from 10
a.m. to noon. Rabbi Seymour
Friedman will preach and teach.
Full Kiddush follows service. Tal-
lis and Tefilin Sunday morning
services will be from 9 to 10 a.m.
Cantor David Katzenstein chants
at all services. Services on all hol-
idays are from 10 a.m. to noon.
Call for details. `
Third Church of Christ, Scientist,
Miami, 11001 SW 87 Ave.,
305 -271 -2040: Services and
Sunday School are at 10 a.m.
Sundays. Testimony meetings
are at 8 p.m. Wednesdays. Read-
ing Room hours are from 11 a.m.
to 1 p.m. Monday through Satur-
day, 6 p.m. to 8 p.m. Wednes-
days and from 2 p.m. to 4 p.m.
Sundays.
Unitarian Universalist Congre-
gation of Miami, 7701 SW 76th
Ave., 305- 667 -3697,
305 - 667 -5056 (for children's
program):The 11 a.m. Sunday ser-
mon is entitled Reflections on
Senegal: Focus on Family by the
Rev. -Dr. Lucy Hitchcock Seck.
Another two part series will open
windows first into the family
structure and life in Senegal.
Sociologically and spiritually,
there are insights to be gained
for American culture from a
West African culture rooted in
tribal and Islamic traditions.
Worship services every Sunday
at 11. a.m. "Way Cool Sundays,"
the dynamic, active approach to
religious education for children
and youths starts at 11 a.m. Sun-
days. Adult teachers and advi-
sors for three age groups and
teens, with nursery care avail-
able. Unitarian Universalism is a
liberal religion which encourages
men, women and children to
explore religious ideas and con-
temporary issues, honor diver -
sity, and act for social justice as
part of a compassionate commu-
nity. All are welcome. Visit
www.uumia.org. "
Unity Center of Miami, 16320
SW 147th Ave., 305- 232 -9503:
Singspiration at 10:45 a.m. Sun-
day at Temple Bet Breira, 9400
SW 87th Ave. At 11 a.m., Rev,
Charline Emanuel Rankin's talk
title will be "When The Morning
Comes."
University Baptist Church, 624
Anastasia Ave., Room 100,
305- 448 -4428, ext. 621 (for
childcare reservations): Mother
of Preschoolers Ministry (MOPS)
meets at 6:30 p.m. the first
Thursday of each month. Free
child care provided by reserva-
tion only. RSVP three days in
advance. Call for more informa-
tion.
Upper Room Assembly of God,
19701 SW 127th Ave.,
305- 251 -0876: Sunday Sched-
ule: Worship Services: from 9
a.m. to 11 a.m.; Children's Church
at 11 a.m.; Spanish Service aY 7
p.m. Services at 7:30 p.m.
Wednesdays. TGIF Worship Ser-
vice at 7:30 p.m. Fridays. Child-
care provided.
Wayside Baptist Church, 7701