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10-02-01CITY COMMISSIO City Commission AGE W Meeting date: October 2, 2001 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: October 15, 2001 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10 -00-1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City' action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call B. Invocation` C. Pledge of Allegiance: D. Presentation(s) (7:00 p.m.) REGULAR CITY COMMISSION l AGENDA - October 2, 2001 W. Allen Kelley ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Regular Meeting August 7, 2001 2. City Manager's Report Request For Proposal Municipal Auditing Services 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE ENFORCEMENT BOARD; APPOINTING LEONIE M. HERMANTIN TO SERVE FOR A TWO YEAR TERM ENDING OCTOBER 2, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING VERONICA B. FLORES TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A TWO YEAR TERM ENDING OCTOBER 2,, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING; AN EFFECTIVE DATE 3/5 (Mayor Robaina) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO THE BOARDS AND - COMMITTEES; APPOINTING OFFICER FRANK GILBERT, CAPTAINS BRUCE ROSS AND DANIEL SALERNO AS POLICE REPRESENTATIVES TO THE POLICE PENSION BOARD FOR A TWO YEAR TERMS ENDING' OCTOBER 2, 2003' OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE 3/5. (Mayor Robaina) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI', FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING SANDY BARROW TO SERVE ON THE COMMISSION FOR WOMEN FOR AN UN- EXPIRED TERM ENDING SEPTEMBER 5, 2002 OR UNTIL _A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) REGULAR CITY COMMISSION 2 AGENDA - October 2, 2001 i ^s 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $21,392.00 TO BENSON ELECTRIC, INC. FOR SERVICES ASSOCIATED WITH THE ELECTRICAL UPGRADE OF THE HOLIDAY TREE LIGHTING SYSTEM FOR "DOWNTOWN AREA AND AUTHORIZE DISBURSEMENT FROM ACCOUNT NUMBER 001 -2100 -519- 9910, '"CONTRIBUTIONS- SPECIAL EVENTS" 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI., FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO -A CONTRACT WITH MELROSE NURSERY, INC., FOR STREET PLANTING ON CITY'S RIGHT -OF -WAY LOCATED ON MILLER ROAD AT GABLES`' END, AND ALONG, 67 AVENUE TO SW '48 STREET AND 81 STREET EAST OF 59 AVENUE, FOR A TOTAL OF $9,575.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2050- 519- 4625, "LANDSCAPE MAINTENANCE "., 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO TRANSFER $15,000 FROM ACCOUNT 01 -21 -00 -519 9910 "GENERAL CONTINGENCY" TO ACCOUNT 01- 2000 -219 -1334 "ANNEXATION CONSULTANT "; AND APPROVING THE GRANT OF THESE FUNDS TO THE SOUTH _MIAMI COMMUNITY DEVELOPMENT COUNCIL OF CHAMBER SOUTH FOR ACTIVITIES RELATING TO ANNEXATION. 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL SERVICES AUTHORIZING THE CITY MANAGER TO PAY FOR AN INVOICE iN THE AMOUNT OF $15,342 -72 FOR CONSULTING- LABOR; SERVICES, FROM ACCOUNT NUMBER 001 - 1500 - 514 -3440, TITLED CONSULTING - LABOR ATTORNEY, TO THE FIRM OF WEISSI, SEROTA, HELFMAN, PASTORIZA AND GUEDES, P.A., PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 12. AN.ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE 'CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" SECTION 20 -3.4 (B)' (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4($)(20) ENTITLED MOBILE AUTOMOBILE WASH /WAX ,SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT !TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR REGULAR CITY COMMISSION 3 AGENDA October 2, 2001 SEVERABILITY PROVIDING.FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1°t Reading 9/18/01) 3/5 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 2;0- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT;; AND PROVIDING AN EFFECTIVE DATE. (1$t Reading September 18, 2001) 3/5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED - USE COMMERCIAL RESIDENTIAL CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT', DISTRICT CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE 'SUBDIVISION, THE SITE IS BOUNDED ON THE SOUTH BY SW 7OTH STREET,, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 6 9TH i S TREE T , AND ON THE WE S T BY SW 61sT` AVENUE PROVIDING FOR SEVERABILITY;; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH "MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF'` THE CITY OF SOUTH MIAMI - LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT -FROM THE "M011 MEDIUM - INTENSITY OFFICE DISTRICT TO "TODD (MU-5)-, TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15 -, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE,' ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61sT AVENUE; PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 'PROVIDING AN EFFECTIVE DATE. Wt Reading September 18, 2001) 4/5 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20-2.3 ENTITLED "PERMITTED USE SCHEDULE ", SECTION 20 -8.5 ENTITLED "COMMERCIAL USE", AND SECTION: 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE :':TECHNICAL CORRECTIONS THAT WOULD ALLOW THE REGULAR CITY COMMISSION 4 AGENDA — October 2, 2001 CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD- (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT'; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. -(Vt Reading - September 18, 2001) 3/5 RESOLUTION(S)/PUBLIC HEARING(S) There are none RESOLUTION (S) 17.. A RESOLUTION, OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRE'S 10% OF THE BUDGET TO BE MAINTAINED AT ALL TIMES BY THE CITY AS CONTINGENCY RESERVES FUND TO BE USED SOLELY FOR CATASTROPHES OR OTHER UNSCHEDULED EMERGENCIES; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION ACTUARIAL CONSULTING. SERVICES AUTHORIZING THE CITY MANAGER TO SIGN A THREE -YEAR CONTRACT WITH GABRIEL, ROEDER, SMITH & COMPANY (GRS), WITH THE OPTION FOR RENEWAL FOR ADDITIONAL YEARS. 3/5- 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAM, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; RESTRICTING THE SCHEDULING OF SPECIAL AND PUBLIC MEETINGS OR WORKSHOPS ON DAY BEFORE OR AFTER A REGULAR SCHEDULED CITY COMMISSION MEETING; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 20. A RESOLUTION. OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A GRANT FROM THE US DEPARTMENT OF COMMERCE'S ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) IN THE AMOUNT OF :$800,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE'. 3/5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORI -DA, AUTHORIZING CITY MANAGER TO INCREASE RESIDENTS AND NON- RESIDENTS FEES FOR REGULAR CITY COMMISSION rJ AGENDA - October 2, 2001 .. _mac -a-- _' . ;�; - " --.1.. , - "_'; --�., .,, r,- �- =r-!-s`�'rv,w°{r.':�Y^t°^rfi'^�, rs'3' ;-.,";� i�`��', �e��w � ,-+- ex-- .- �+- :- ^sr--• -°," -- *w'P'.a -: ,: sr. � PAVILION RENTALS;, TENNIS MEMBERSHIPS, AND HOURLY COURT RATES, AND FIELD RENTALS, EFFECTIVELY OCTOBER 1, 2001 3/5 ORDINANCE (S) FIRST READING 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF ORDINANCES, ENTITLED "'ELECTIONS" TO CREATE SECTION 9 -12, ENTITLED "DISCLOSURE OF PRIOR FELONY CONVICTIONS, OR PLEAS OF GUILTY AND NO CONTEST "; REQUIRING CANDIDATES TO SUBMIT CRIMINAL BACKGROUND REPORTS PROVIDING, EXCEPTIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE (Deferred from 9/18/01) 3/5 (Vice Mayor Feliu, Commissioners Wiscombe & Bethel) 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE SEC. 2- 26.8,.ENTITLED "BUDGET REVIEW COMMITTEE "; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF - THE COMMITTEE;.. PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Russell) 24. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE, SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST' FUND TO' CONFORM WITH CHAPTER 185, FLORIDA STATUTES; AMENDING SECTION 16 -12 OF THE CITY CODE TO REVISE THE DEFINITION OF FINAL AVERAGE COMPENSATION FOR ,POLICE OFFICERS; AMENDING SECTION 16- 14(A) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLETION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS OF AGE; AMENDING SECTION 16 -14(C) TO REVISE THE EARLY RETIREMENT PENALTY FOR POLICE TO 3% PER YEAR; CREATING SECTION 16 -14(F) TO PROVIDE FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR BENEFITS; AMENDING SECTION 16 -16(C) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE BENEFICIARIES; AMENDING SECTION 1- 6 -19(A) TO PROVIDE THAT CITY CONTRIBUTIONS SHALL' BE DEPOSITED AT LEAST QUARTERLY, INCREASING ''POLICE CONTRIBUTIONS FROM FIVE PERCENT TO SEVEN AND ONE HALF PERCENT OF PAY, AND PROVIDING THAT POLICE CONTRIBUTIONS SHALL BE DEPOSITED FOLLOWING EACH PAY PERIOD; AMENDING SECTION 16 -19(C) TO PERMIT ROLLOVERS OF REFUNDED CONTRIBUTIONS INTO A TAX REGULAR CITY COMMISSION 6 AGENDA - October 2,,2001 QUALIFIED PLAN; AMENDING SECTION 16 -30 TO PROVIDE THAT STATE CONTRIBUTIONS' SHALL BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RECEIPT AMENDING SECTION 16 -42(B) TO PROVIDE FOR NORMAL RETIREMENT FOR POLICE AFTER THE COMPLETION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS OFA.GE; CREATING SECTION 16 -42(I) TO PROVIDE A ROLLOVER OPTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH- MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE* CITY. OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20-3.6 (H) (2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND'VINES USED AS FENCING, SCREENING OR LANDSCAPING ;` PROVIDING FOR AN EFFECTIVE DATE. PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Deferred from September 18, 2001) 3/5 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY.OF SOUTH- MIAMI, FLORIDA, RELATING TO GARBAGE AND TRASH; AMENDING SECTION 11-23(A) (2,) (3) OF THE CODE OF ORDINANCES ENTITLED "REFUSE COLLECTION FEE SCHEDULE: PROVIDING FOR SEVERABILITY ;' ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2- 2.1(k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL ' IMP_ ERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME' BOISTEROUS` WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE` BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." PUBLIC 'REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105,, "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. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW REGULAR CITY COMMISSION 7 AGENDA - October 2, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 & & aj City of South Miami Regular City Commission Minutes August 7 2001 CALL TO ORDER The City Commission of the City of South Miami, Florida met in regular session on Tuesday, August 7, 2001 beginning at 7:45 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Julio Robaina and Commissioners David D. Bethel, Mary Scott Russell and Randy G. Wiscombe. Vice Mayor Horace G. Feliu was out of town. Also in attendance were: City Manager Charles D. Scurr, Assistant City Manager Subrata Basu, Director of Engineering Ajibola Balogun, City Attorney Earl G. Gallop and City Clerk Ronetta Taylor. B. Invocation: Commissioner Bethel delivered the Invocation. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentation(s) (7:00 p.m.) • Kimberly Bowling - Barns & Nobel Mayor Robaina presented Kimberly Bowling with a plaque for her outstanding community service to the City of South Miami and the community at large • Parks & Recreation Dept - South Miami Track Team This presentation was postponed until after the start of the new school year. Mr. Dick Ward was afforded an opportunity to express his dissatisfaction with the service being provided by Charter Communications. He urged the City Commission and administration to solicit for competitive cable service. REGULAR CITY COMMISSION 1` MINUTES — August 7, -2001 1 Mayor Robaina shared that AT &T had attempted to buy out 2 Charter Communication but was not allowed to do so. He said that 3 within the next two weeks a workshop would be scheduled whereby 4 South Miami residents can come and express their concerns 5 directly with representatives - from Charter Communications. He 6 further shared that Direct TV has expressed an interest in 7 providing service in South Miami. 8 9 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 10 11 1. Approval of Minutes 12 Special City Commission Minutes - June 26, 2001 13 14 Moved by Commissioner Russell, seconded by Commissioner 15 Wiscombe to approve the above referenced minutes as presented. 16 17 There, being no discussion the motion passed by a 4 -0 vote. 18 19 Commissioner Wiscombe Yea 20 Commissioner Russell Yea 21 Commissioner Bethel: Yea 22 Vice Mayor Feliu: out of town 23 Mayor Robaina: Yea 24 25 2. City Manager's Report 26 27 Manager Scurr provided an update on the following items: 28 1. Downtown Tree lighting maintenance;. The lights have been 29 taken down to allow for the maintenance of the trees; 30 2. Potable Water. The bids are scheduled to be opened on 31 August 9t",. This project would provide extended water service 32 lines to 80 homes. It will also include over 10 fire hydrants 33 and cover approximately five streets,. 34 3. Canal Maintenance. A meeting is scheduled for tomorrow with 35 Miami -Dade County. 36 4. 8'0'' Street and US One Intersection -. Under the leadership 37 of Commissioner Russell the CTSC reviewed the 80t" Street and US 38 One intersection, left turn heading South on US One off of 80th 39 Street. CT;SC'Is recommendation was to have FDOT look at two left 40 turn lanes and a straight and one right turn. FDOT has accepted 41 this recommendation based on the traffic signs and the analysis.. 42 FDOT has turned down the request for a left turn signal on 62nd 43 Avenue because of the street improvements taking place there. 44 45 Commissioner Wiscombe suggested making 62nd Court a one -way 46 street into the hospital. 47 48 Manger Scurr said if this were included in the Study, 49 improvements would have to be made to 62nd Avenue and the main 50 entrance to the hospital REGULAR CITY COMMISSION 2 MINUTES - August 7,'_2001 °°,".",.'T�n- �w-w -"�._ 1 2 Commissioner Russell thanked Mr. Basu for his efforts with 3 Miami -Dade County. 4 5 Commissioner Wiscombe referenced the lack of a pedestrian 6 crossing at 80th Street and South Dixie Highway. 7 8 5. FY 2001/2002 Budget. A budget workshop is scheduled for 9 August 8th at 6:00 p.m. The auditors will be providing a revised 10 letter of engagement to do the work the Commission had directed 11 as it related to a mid term budget review of FY 2000/2001. The 12 auditor has completed a preliminary report and would be provided 13 during the budget workshop. Mr. Ward has agreed to participate 14 on the Budget Committee. Mr. Charles Foschini has declined. Ms. 15 Diana Gonzales has been out of town and will be returning on 16 tomorrow night. Suggestions on a third person are encouraged. 17 6. Upcoming meetings. The next regular City Commission meeting 18 is scheduled for August 21, 2001. Two formal budget hearings are 19 scheduled for September 4th and September 11th. A mini Charrette 20 process regarding the CRA area is scheduled for August 25 and 26, 21 2001 at the CAA Senior Citizen Center. 22 23 Items For the City Manager 24 25 Commissioner Wiscombe thanked the Parks & Recreation 26 Department in regards to landscape improvements at City Hall. - 27 Especially the landscape planted around the "Swimmer" statue. He 28 voiced concern with the flyers, which announced an upcoming 29 concert being posted all over the downtown area. He asked the 30 City Manager to work with the City Attorney in finding a way to 31 curtail this activity;. 32 33 Manager Scurr said that Code Enforcement would be addressing 34 this issue and pursuing multi -fines on tomorrow. 35 36 Commissioner Wiscombe referenced the sod being used on the 37 median on Sunset Drive and asked if this was perhaps a bad batch. 38 39 Ms. Garcia the City's Parks & Recreation Director said that 40 new sod was being ordered. The The present sod was purchase from the 41 same sod vendor used for Open Space Park. 42 43 Mayor Robaina conveyed his dissatisfaction with the 44 maintenance work Receio Landscape was doing to the City's 45 medians. 46 47 Ms. Garcia further shared that staff was working on another 48 RFP for a landscape and median maintenance. 49 5`0 Manager Scurr said that as FDOT proceeds with its project on 51 US One, the City would be rejuvenating the medians. Plans are REGULAR CITY COMMISSION 3 MINUTES - August 7, 2001 1, underway by administration to implement a time frame by which 2 different projects would be accomplished. 3 4 Commissioner Wiscombe asked that administration convey to 5 FDOT that the area around the Metro rail should be seeded or some 6 type of landscaping installed instead of just leaving the area 7 the way it is He asked that a report be brought back at the 8 next meeting regarding this issue. 9 10 Mayor Robaina asked that the vines all along the metro rail 11 tracks that were mistaken cut down by FDOT be replaced. 12 13 commissioner Wiscombe said that there were a couple of 14 houses on Sunset Drive near Commissioner Russell's area that were 15 doing ',a tremendous amount of tree trimming and as a result has 16 made a huge trash pile. He said this should be addressed. 17 18 Commissioner Russell referenced SW 80th Street and US One, 19 west; SW 62nd Avenue and US One, and indicated that the area was 20 not aesthetically pleasing She asked administration to ask 21 Miami -Dade County to address this issue. 22 23 Manager Scum related that administration had taken Mr. 24 Cesar Phillips, a representative from the County's Manager's 25 office on a tour of the City and pointed out the areas in need of 26 attention. 27 28 Mayor Robaina referenced the tree lighting in the downtown 29 area and asked if heavy -duty lights could be used and the height 30 of the lights raised when the lights were being reinstalled. 31 32 Manager Scurr said that the budget only maintains the same 33 current level of lights. It would cost an additional $28,000.00 34 to raise and improve the number of circuits. 35 36 Mayor Robaina said that the merchants should help offset the 37 cost for the lighting improvements. He further asked that the 3'8 area of 71St Street and Sunset Drive be improved (trees and 39 lights) as well. He further referenced the pedestrian crosswalk 40 to the Shops At Sunset Place and indicated that the motorists are 41 not recognizing the pedestrian in the crosswalk. He asked that 42 police enforcement`'be increased in this area. 43 44 Commissioner Wiscombe suggested having a police officer 45 directing the traffic in this area. 46 47 Mayor Robaina emphasized the importance of pedestrian safety 48 and indicated that the Shops At Sunset Place should be held 49 responsible for the cost associated with traffic and pedestrian 50 patrol.' REGULAR CITY COMMISSION 4 MINUTES - August 7, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 After there were no further comments or questions for the City Manager this report was concluded. 3. City Attorney's Report Attorney Gallop reported that there have been no major developments in pending litigation. A final hearing in the Marshall Williams Foreclosure action is scheduled for later this month. After there were no comments or questions for the City Attorney this report was concluded. Moved by Commissioner Russell, seconded by Commissioner Wiscombe to amend the- agenda by adding the following item: "A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING CONGRESS TO INCREASE FEDERAL FUNDING FOR HIV /AIDS RESEARCH; PROVIDING AN EFFECTIVE DATE." There, being no further discussion on the amendment the motion passed by a 4 -0 vote. Commissioner Bethel: Yea Commissioner Russell Yea Commissioner Wiscombe: Yea Vice Mayor Feliu: out of town Mayor Robaina: Yea CONSENT AGENDA RESOLUTION NO.. 110 -01 -11258 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION. OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING BRENDA J. YATES TO SERVE ` ON THE PLANNING BOARD FOR AN UN- EXPIRED TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED PROVIDING AN EFFECTIVE DATE 3/5 (Mayor Robaina) RESOLUTION NO. 111 -01- 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES`; APPOINTING' SAMANTHA SIMEON AND KATHERINE B. WOODBURY TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERMS ENDING AUGUST 7 2003 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE 3/5 (Mayor Robaina) Moved by Commissioner Russell, seconded by Commissioner Bethel to approve the Consent Agenda. REGULAR CITY COMMISSION MINUTES — August 7, 2001 5 .. _ — ,—•-,x "?n.'£: -. .�x°T^' — „- .F'�",z°Y �, �.,.<.�^'�' v£�°'„, ,."'r sms^�*f"'. "','"."9'_ 3 „zTa .T,ie —°_ ri:T� - 1 2 There, being no discussion the motion passed by a 4 -0 vote. 3 4 Commissioner Bethel: Yea 5 Commissioner Russell:: Yea 6 Commissioner Wiscombe: Yea 7 Vice Mayor Feliu: out of town 8 Mayor Robaina: Yea 9 10 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 11 12 RESOLUTION NO. 18 -01 -1749 13 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT 15 TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS 16 ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT 17 RESTAURANTS LOCATED ON U.S. 1 (SOUTH DIXIE HIGHWAY) 18 FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING 19 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 20 ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE 21 DATE. 3/5 22 23 Moved by Mayor Robaina, seconded by Commissioners Wiscombe 24 and Russell to adopt this ordinance 25 26 Mr. Richard Lorber the City's Planning Director explained 27 the particulars associated with this item. He said there is a 28 similar exemption in place in the Bird Road area. Extra language 29, was added after first reading to specify that the beer or wine 30 would be consumed upon "the premises at approved seating only. 31 32 Mayor Robaina opened the floor for the public hearing. 33 34 Mr. David Tucker, Sr., appeared before the City Commission 35 to express his views about this item. 36 37 After there were no other interested parties to speak on 38 behalf of this item, the public hearing was closed. 39 40 At the conclusion of this discussion the motion passed by a 41 4 -0 vote. 42 43 Commissioner Bethel: Yea 44 Commissioner Russell: Yea 45 Commissioner Wiscombe: Yea 46 Vice Mayor Feliu: out of town 47 Mayor Robaina: Yea 48 49 RESOLUTIONS) /PUBLIC HEARING(S) 50 There were none REGULAR CITY COMMISSION MINUTES - August 7, 2001 19 1 2 RESOLUTION (S) 3 4 RESOLUTION NO. 112 -01 -11260 5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 7 THE CITY MANAGER; TO NEGOTIATE HOURLY RATES AND TO 8 EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES 9 AGREEMENTS WITH CONSULTING ENGINEERING AND SCIENCE, 10 INC., CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. AND 11 KIMLEY -HORN & ASSOCIATES, INC. AND PROVIDED THAT 12 INDIVIDUALLY EXECUTED AGREEMENTS BE MADE A PART OF THIS 13 RESOLUTION. 3/5 14 15 Moved by Mayor Robaina; seconded by Commissioners Russell 16 and Bethel to approve this item. 17 18 Mr. Ajibola Balogun, the City's Engineering and Construction 19 Director provided the relevant issues involved with this item. 20 21 Manager Scurr said' that during the coming year,, the City 22 would have multiple projects- occurring simultaneously and in 23 order to accomplish all, the City needed to have a number of 24 engineering firms available that would be able to do the work. 25 26 Commissioner Wiscombe related that nothing was mentioned in 27 the documentation to indicate that the presentation was video 28 taped. 29 30 Mr. Basu said the presentation was video taped however this 31 information would be part of the standardized information being 32 provided to the Commission. 33 34 Commissioner Russell asked whether the engineering firms 35 would be paid from grant funds or from City funds. 36 37 Manager Scurr said the payments can come from grants, tax 38 funds, storm water funds, state drainage funds, etc. 39 40 Mayor Robaina referenced the City's infrastructure problems 41 and said that the City was playing catch up. In order to address 42 the projects and seek funding the City has had to hire additional 43 personnel to aggressively seek the necessary funding to deal with 44 the City's needs 45 46 At the conclusion of this discussion, the motion passed by a 47 4 -0 vote. 48 49 Commissioner Bethel Yea 50 Commissioner Russell: Yea REGULAR CITY COMMISSION MINUTES - August 7, 2001 7 1 Commissioner Wiscombe: Yea 2 Vice Mayor Feliu out of town 3 Mayor Robaina: Yea 4 5 RESOLUTION NO. 113 -01- 11261 6 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO WATER MAIN 8 IMPROVEMENT AUTHORIZING THE CITY MANAGER TO START THE 9 NECESSARY PROCESS FOR A LOW INTEREST LOAN ASSISTANCE 10 FOR THE RESIDENTS IN THE AREA OF THE PROPOSED WATER 11 MAIN EXTENSION. 3/5 12 (Mayor Robaina /Comm. Wiscombe) 13 14 Moved by Commissioner Russell, seconded by Commissioner 15 Wiscombe to approve this item. 16 17 Mr. Basu the City's Assistant City Manager explained the 18 pertinent facts involved with this item. 19 20 Manager Scurr said that policy guidance as to whether this 21 program would be applicable to all South Miami residents 22 regardless of income. 23 24 Mayor Robaina said that he wanted to program available to 25 all South Miami residents. However, he did not want the City to 26 subsidize any loans. 27 28 Discussion ensued as to whether this program should be 29 available for everyone. It was decided that at this point, the 30 adoption of this resolution would authorize the City Manager to 31 start the process the issue as to whether there would be 32 subsidizing would be decided in the near future. 33 34 At the conclusion of this discussion the motion passed by a 35 4 -0 vote: 36 37 Commissioner Bethel: Yea 38 Commissioner Russell: Yea 39 Commissioner Wiscombe: Yea 40 Vice Mayor Feliu: out of town 41 Mayor Robaina Yea 42 43 RESOLUTION NO. :114 -01 -11262 44 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 46 MANAGER TO EXECUTE AN AGREEMENT (AMENDMENT 1 TO 47 SP09020) WITH THE STATE OF FLORIDA DEPARTMENT OF 48 ENVIRONMENTAL- PROTECTION FOR A REIMBURSEMENT GRANT IN 49 AN AMOUNT OF $1,000,000.00 FOR WATER MAIN IMPROVEMENT 50 PROJECT. 3/5 REGULAR CITY COMMISSION 8 MINUTES - August 7, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Moved by Mayor Robaina, seconded by Commissioners Wiscombe and Russell to approve this item. Manager Scurr explained that this is the technical aspect of the agreement that would release the funds for the water main improvement project. At the conclusion of the discussion the motion passed by a 4 -0 vote. Moved by Mayor Robaina, seconded by Commissioners Russell and Bethel to approve this item. Manager Scurr said this is another matter that Miami -Dade County wants :addressed before moving ahead with the 64th Street Traffic Calming Project. At the conclusion of this discussion the motion passed by a 4 -0 vote. 11. Commissioner Bethel: Yea Commissioner Russell: Yea Commissioner Wiscombe: Yea Vice Mayor Feliu,: out of town Mayor Robaina: Yea RESOLUTION NO. 116 -01 -11264 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HUGO ----- PEREZ EXTEWDRD - - - -- MEDICAAL- BE-NEF-1- TS;-- - - - - -- PRWIDING- ........ M -------- E- F'FEC�IW REGULAR CITY COMMISSION 9 MINUTES - August 7, 2001 j Commissioner Bethel: Yea Commissioner Russell: Yea Commissioner Wiscombe: Yea Vice Mayor`Feliu: out of town Mayor Robaina: Yea RESOLUTION NO. 115 -01 -11263 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN EXTENSION OF THE CITY'S FY 95 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT UNTIL DECEMBER 31, 2001; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 Moved by Mayor Robaina, seconded by Commissioners Russell and Bethel to approve this item. Manager Scurr said this is another matter that Miami -Dade County wants :addressed before moving ahead with the 64th Street Traffic Calming Project. At the conclusion of this discussion the motion passed by a 4 -0 vote. 11. Commissioner Bethel: Yea Commissioner Russell: Yea Commissioner Wiscombe: Yea Vice Mayor Feliu,: out of town Mayor Robaina: Yea RESOLUTION NO. 116 -01 -11264 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HUGO ----- PEREZ EXTEWDRD - - - -- MEDICAAL- BE-NEF-1- TS;-- - - - - -- PRWIDING- ........ M -------- E- F'FEC�IW REGULAR CITY COMMISSION 9 MINUTES - August 7, 2001 j 1 3/5 2 3 Moved by Mayor Robaina, seconded by Commissioner Russell to 4 approve this item. 5 6 Manager Scurr related that the City of South Miami is like 7 an extended family and.from time to time there are members of our 8 workforce who have encountered terminal illnesses. This is a 52- 9 year - old, 17 -year employee of the City. Administration believes 10 the most appropriate and beneficial activity would be to assist 11 him with being able to buy an additional two years in the pension 12 program. This would enable him to retire early. 13 14 At the conclusion of this discussion, the motion passed by a 15 4 -0 vote. 16 17 Commissioner Bethel Yea 18 Commissioner Russell: Yea 19 Commissioner Wiscombe: Yea 20 Vice Mayor Feliu out of town 21 Mayor Robaina: Yea 22 23 RESOLUTION NO. 117 -01 -11265 24 12 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF SOUTH MIAMI, FLORIDA, URGING CONGRESS TO 2 -6 INCREASE FEDERAL FUNDING FOR HIV /AIDS RESEARCH; 27 PROVIDING: AN E'FFEC'TIVE DATE 28 29 Moved by Mayor Robaina, seconded by Commissioners Bethel and 30 Russell to approve this item. 31 32 Commissioner Wiscombe opined that with the HIV /AIDS 33 situation in the Miami -Dade County area, the City needed.to send 34 a strong message to Congress. He said financial support should 35 be made available to fund the necessary research to combat this 36. deadly disease. 37 38 Moved by Commissioner Russell, seconded by Mayor Robaina to 39 amend the resolution by changing the "rank" to "ranks" on line 8; 40 include the title Congresswoman Ileana Ros- Lehtinen to line 27. 41 42 There, being no further discussion on the amendment, the 43 motion passed by a 4 -0 vote. 44 45 Commissioner Bethel: Yea 46 Commissioner Russell: Yea 47 Commissioner Wiscombe, Yea 48 Vice Mayor Feliu: out of town 49 Mayor Robaina: Yea 50 REGULAR CITY COMMISSION MINUTES — August 7, 2001 10 Tom, . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1'9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Mayor Robaina suggested taking this item to the Miami -Dade League of Cities for its support. Moved by Mayor Robaina, seconded by Commissioner Russell to add language to the resolution directing the City Clerk to send a copy of this resolution to Miami -Dade League of Cities to solicit the support of all Miami -Dade County municipalities. There, being no further discussion on this amendment the motion passed by a 4 -0 vote. Commissioner Bethel: Yea Commissioner Russell: Yea Commissioner Wiscombe: Yea Vice Mayor Feliu out of town Mayor'Robaina: Yea At the conclusion of this discussion, the motion on the resolution as a whole passed by a 4 -0 vote. Commissioner Bethel: Yea Commissioner Russell: Yea Commissioner Wiscombe: Yea Vice Mayor Feliu: out of town Mayor Robaina: Yea ORDINANCE (S) FIRST READING There were none PUBLIC REMARKS> Mr. David Tucker, Sr., was afforded an opportunity for comments. Mr. Dick Ward was.afforded an opportunity for comments. COMMISSION REMARKS There, being no further business to come before this Body, the meeting adjourned at 9:38 p.m. Attest City Clerk REGULAR CITY COMMISSION MINUTES - August 7, 2001 Approved 11 Mayor REQUEST FOR PROPOSAL MUNICIPAL AUDITING SERVICES FOR CITY OF SOUTH MIAMI BEGINNING WITH FISCAL YEAR ENDING SEPTEMBER 30, 2001 TABLE OF CONTENTS PAGE SECTION A INTRODUCTIONANFORMATION 1 SECTION B PERFORMANCE SPECIFICATIONS 4 SECTION C REPORT REQUIREMENTS AND RESPONSIBILITIES 6 SECTION D AUDIT SCHEDULE 7 SECTION E INFORMATION TO BE INCLUDED IN THE PROPOSAL 7 SECTION F REQUEST FOR MODIFICATION 10 SECTION G REQUEST FOR ADDITIONAL INFORMATION 10 SECTION H ADDENDUM AND AMENDMENT TO REQUEST FOR PROPOSALS 10 SECTION I NEGOTIATIONS 10 SECTION J BILLINGS AND PAYMENTS 10 SECTION K EVALUATION PROCEDURES 11 i -1- REQUEST FOR PROPOSAL: RFP #FA 01 -02, AUDIT SERVICES The City of South Miami, Florida, (City) invites qualified firms of Florida Certified Public Accountants (Auditor) to submit proposals for the performance of an examination of its financial statements. The purpose of this financial examination is to express an opinion on the fairness with which the financial statements present the City's financial position, results of operations and cash flows in conformity with generally accepted accounting principles, and to determine whether operations were conducted in accordance with legal and regulatory requirements. All responses to this Request for Proposal must comply with overall requirements specified in the package. Ten signed copies, of your proposal shall be submitted in one sealed package, clearly marked on the outside "RFP #FA 01 -02, AUDIT SERVICES ". There is no expressed or implied obligation for the City of South Miami to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. A. General Information: 1. The City of South Miami in Dade County, Florida, is a municipal corporation with a five (5) member commission form of government, located at 6130 Sunset Drive, South Miami," Fl. 33143, and a population of about 10,500. In 2000/01 fiscal year, the City has approximately 171 employees and a general operating budget of $12,308,132. Budgets are adopted in accordance with City charter. 2. The City Manager is appointed by the City Commission to administer City operations and policies. The City is a legal taxing entity with the power to levy ad valorem tax within its boundaries. 3. The City fiscal year begins on October 1, and ends on September 30. 4. The City will issue a two -year contract, subject to the annual review and recommendation of the City Manager, the satisfactory negotiation of terms (including a fee acceptable to the City of South Miami and the selected firm), and the concurrence of the Mayor; and City Commission, commencing with the fiscal year ending September 30, 2001, with an option to negotiate extension of the contract. 5. At a nominal cost, copies of the City's Comprehensive Annual Financial Report (CAFR) for the last two fiscal years through September 30, 2000, will be made available upon request. 6. The City's accounting system is substantially fully automated. General Ledger, Payroll, Accounts Payable, Fixed Assets and Utility Billing systems are fully automated. Budgets are recorded in the automated accounting system. Amendments and transfers are documented within the system. -2 7. The Auditor will be provided reasonable workspace, desks, chairs, and storage space during the fieldwork period. Additionally, the Auditor will be provided with access to a telephone, fax equipment, and photocopying facilities. The Auditor will bear the cost of any telephone calls made, if necessary. 8. The Finance Department staff and responsible management personnel will be responsible for furnishing documents and/or preparing schedules that are agreed upon prior to commencement of audit fieldwork. Staff of the Finance Department and other appropriate departments will be available to answer questions as may be required. 9. The City does not have an internal audit department. 10. The City continues to apply for grant funding and is currently a recipient of several grants. a. Safe Neighborhood Park Grant partial construction cost for a multi- purpose center ($1,559,500). b. Safe Neighborhood Park Grant - renovation of two City parks ($105,000). c.. Florida Recreation Development Assistance Program renovation of the City's Fuchs Park ($133,000). d. Florida Recreation Development Assistance Program — Murray Park Improvements ($112,500). e. Florida Department of Environmental Protection — two grants for storm -water drainage projects ($455,000). f. Florida Department of Environmental Protection watermain project ($1,000,000). g. Department of Juvenile Justice prevention through academic and recreational excellence (PARE) ($200,000). h. Office of Community and Economic Development Grant partial construction cost for a multi- purpose center ($725,000). i. Office of Community and Economic Development Grant - 64th Street traffic calming project ($202,000) j. Office of Community and Economic Development Grant - Marshall Williamson park project (100,000). -3- ��. 11. The entity to be audited includes the following fund types: General Fund Special Revenue Funds Debt Service Fund Fiduciary Funds Trust & Agency Funds Account Groups General Fixed Assets Account Group General Long Term Debt Account Group The City has one component unit titled Community Redevelopment Agency that came into existence in July 1998. There is no other component unit at this time. Any additional funds and /or component units that may be created during the contract period shall also be included in subsequent audits. 12. The CAFR for each of the fiscal years covered by this proposal will be submitted for consideration to the Government Finance Officers Association's Certificate of Achievement program. The selected Auditor will be expected to provide technical assistance to help the City conform to the principles and standards of public financial ,reporting necessary for submission of the City's CAFR to the Government Finance Officers Association Certificate of Achievement program. The City has received the certificate six of the last seven years. The CAFR for the fiscal year ended September 30, 2000, has been submitted to the Government Finance Officers Association's Certificate of Achievement program for review. 13. The selected audit firm will be expected to provide guidance and assistance in the implementation of current changes in generally accepted accounting principles. 14. The selected audit firm will be required to provide a certificate of insurance for a minimum of $1,000,000 liability coverage. 15. All requirements set forth in this proposal shall be incorporated into the contract between the City of South Miami and the selected firm unless otherwise specified in the contract. B. PERFORMANCE SPECIFICATIONS: 1) To qualify and be eligible" as an external auditor, the following minimum requirements must be met: -4- a. The audit firm must be established as a legal entity and be licensed in the State of Florida, and the principals of the firm must have performed continuous CPA services for a minimum of five (5) years, b. The audit firm must submit an affirmation that it meets the independence and continuing education requirements of the Government' Auditing Standards issued by the Comptroller General of the United States. c. The audit firm must submit an affirmation that it has no record of substandard fieldwork. d. The audit firm must be a member of Florida Institute of Certified Public Accountants and the American Institute of Certified Public Accountants. e. The audit firm shall agree to staff the audit with qualified personnel satisfactory to the City. The firm agrees to notify the city prior to assigning new staff to the audit, and inform the City of the reasons for new assignments. f. The audit firm should clearly 'indicate its expertise and experience in local governmental auditing including recognized CAFR awards of their clients. g. The firm should state its comparable fee structure for the City annual financial audit and related reports and the comparable hourly rates for other services that may be requested by the City. 2. The City desires the audit firm to express an opinion on the fair presentation of its general- purpose financial statements in conformity with generally accepted accounting principles. This is a financial audit which shall meet the requirements of Florida Statute 11.45 and the City of South Miami Municipal Charter. 3 The auditor shall prepare required management reports and any other reports as may be required. The auditor shall also perform certain limited procedures involving required supplementary information as may be required by the State Statutes, the Florida Auditor General, the Governmental Accounting Standards Board and the AICPA, as mandated by generally accepted" auditing standards. 4. To meet the requirements of this Request for Proposal, the audit shall be performed in accordance with: a. Generally Accepted Auditing Standards as set forth by the American Institute of Certified Public Accountants. b. Generally Accepted Government Auditing Standards as promulgated by the General Accounting Office. -5- c. Rules of the Auditor General of the State of Florida for form and conduct of local unit audits. d. Audits of State and Local Governmental Units (AICPA Audit Guide Revised). e. Single Audit Act of 1984 and OMB Circular A -128. 5. The audit is to be conducted at the combined, combining and individual fund financial statement and supplemental schedule levels, and shall include a review and evaluation of the City's system of internal accounting controls. 6. The audit firm shall submit a report to the Finance Director at the end of the interim fieldwork. The report shall identify weaknesses observed in the system of internal accounting controls, assess their effect on the system, and propose steps to eliminate such weaknesses. 7. Irregularities and illegal acts: Auditors shall be required to make an immediate, written report of all irregularities and illegal acts of which they become aware to the Finance Director, the City Manager and the City Commission. 8. The partner in charge of the audit and /or the Audit Manager must be available to attend public meetings for discussion of the final report should his/her attendance be requested by the City Commission. 9. All working papers and reports must be retained at the auditor's office and at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available for duplication or any other purpose at a reasonable charge, upon request by the City. Also, the working papers shall be made available for examination by any approved governmental agency, accounting review board, or any other agency so designated by the City. In the event the City desires to engage another audit firm in the future, the working papers will be made available for examination or duplication, at a reasonable charge, to successor audit firm engaged by the City. 10. The City will expect immediate compliance with any special request of expanded scope outside of the contract agreement, and will consider fee adjustment where significant change can be demonstrated which will materially affect what the City should have expected the firm to accomplish at the time of fee determination. -6 C. REPORT REQUIREMENTS AND RESPONSIBILITIES: 1. The preparation, editing, and printing of at least 50 copies of the Comprehensive Annual Financial Report (CAFR) shall be the responsibility of the Audit firm. The <City retains the right of approval of the CAFR with regards to general appearance and binding. 2. The Comprehensive Annual Financial Report (CAFR) shall contain, at a minimum, the following statements and schedules: a. Combined Balance Sheet - all Fund Types and Account Groups. b. Combined Statement of Revenues, Expenditures, and Changes in Fund Balance — All Governmental Fund Types and Expendable Trust Funds. C. Statement of Revenue and Expenditures - Budget and Actual (Budgetary Basis) d. Combined Comparative Statement of Revenues, Expenditures, and Changes in Fund Equity Proprietary Fund Type and Pension Trust Funds. e. Comparative Statement of Cash Flows - Proprietary Fund Type Internal Service Fund. f. All required note disclosures. g. All necessary combining statements for fund types of which there is more than one fund. D. AUDIT SCHEDULE 1 The City agrees to close its books and prepare trial balance reports no later than November 30 of each year. 2. The audit firm shall conduct the audit examination so that their fieldwork will be completed sixty (60) days after the City closes its books and prepares the trial balance reports. 3. The audit firm agrees to submit copies of adjusting journal entries to the City at the completion of the fieldwork. -7- „� ... 1°'_,�- f- a- »_:: -��-r. .-- smc?�t ^3'rF�;•.t u. '3',,, a��fi xxr sec; %.�3fti?rf'� mt }+^p'^c?F�'r`n _- 4. The audit firm agrees to submit a draft of the final letter to the Finance Director no later than February 15 each year for review and comment. 5. The audit firm agrees to deliver completed copies of the CAFR to the City at 6130 'Sunset Drive, South Miami, Florida no later than the end of February each year. THE CITY RECOGNIZES THAT THERE MIGHT BE A SLIGHT DEVIATION IN THIS SCHEDULE IN THE FIRST YEAR OF THE CONTRACT. E. INFORMATION TO BE INCLUDED IN THE PROPOSAL In order to have a uniform review process and to obtain the maximum degree of comparability, it is required that each proposal be organized in the following sequence. 1. The first page shall be the executed "Auditing Proposal Summary Response Form 2. Page I of the "Invitation to Bid ", showing the proposal title, the name of the firm, the firm's address and telephone number, the name of the contact person, and the date. 3. A table of contents providing a clear identification of the material by section and page number. 4. A statement setting forth the auditor's understanding of the work to be done and a positive commitment to perform the work within specified time period. 5. The audit firm's affirmation of independence. 6. The audit firm's affirmation of no substandard fieldwork. 7. Report of peer review. 8. Description of the firm, including whether the firm is local, regional, or national. 9. The location of the office from which the work is to be done and the number of personnel in that office who would be working on the audit. 10. An identification of the partners, managers and supervisors who will work on the audit, including staff from other areas outside the local office if necessary for the audit. Resumes for each managerial and supervisory personnel to be assigned to the audit should be submitted and include the following information: a. Formal education. -8 b. Supplemental education relative to governmental accounting and auditing. C. Experience in public accounting. d. Experience in private business or government. e. Experience with governmental units. f. Membership in various national and state governmental accounting boards, committees, or associations (past and present). g. Professional recognition, such as Certified Public Accounting licenses, awards, etc. 11. A description of the firm's experience in preparing governmental financial statements and in providing assistance in obtaining the certificate of Achievement. 12. A listing of Florida governmental entities, including the name and telephone number of the principal client contact, for which the firm is currently providing or has provided audit services. Please indicate the amount of each respective entities budget, the Governmental Finance Officers Association's Certificate of Achievement awards received by that entity, and the time periods of such service. For your information, these clients maybe contacted for references. 13. The proposal must set forth a work plan, including an explanation of the audit methodology to be followed. 'In developing the work plan, reference should be made to such sources of information as the City's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Respondents will be required to provide the following information on their audit approach: a. b. C. d. e. The proposed segmentation of the engagement. The level of staff and number of hours to be assigned to each proposed segment of the engagement. The extent to which statistical sampling is to be used in the engagement. The extent of use of EDP software in the engagement. The type and extent of analytical procedures to be used in the engagement. -9- f. The approach to be taken to gain and document an understanding of the City internal control structure. g. The approach to be taken in determining laws and regulations that will be subject to audit test work. h. The approach to be taken in drawing audit samples for purposes of tests of compliance. 14. A brief description of any continuing professional education seminars the firm offers its clients. 15. A detailed description of any additional services the firm can provide to the City. 16. Firm promotional material may also be included as supplemental information. It will not be considered a substitute for the proposal. 17. Public Entity Crimes Statement must accompany each proposal. 18. The audit firm's total fee for audit services for each of the two fiscal years. F. REQUEST FOR MODIFICATION: The City reserves the right to request the respondents to modify their proposal to more fully meet the needs of the City, G. REQUEST FOR ADDITIONAL INFORMATION: The respondents shall furnish such additional information as the City may reasonably require. This includes information that indicates financial resources as well as ability to provide and maintain the system and /or services. The City reserves the right to make investigations of the respondents' qualifications or any of its agents as it deems appropriate. H. ADDENDUM AND AMENDMENT TO REQUEST FOR PROPOSALS: If it becomes necessary to revise or amend any part of the Request for Proposal, the revision will be furnished in writing to all prospective respondents who received an Invitation for Proposal. I. NEGOTIATIONS; Fees negotiated will be for the complete audit and preparation of the Comprehensive Annual Financial Report and will be negotiated in accordance with Florida Statutes. The firm ranked first will be requested to negotiate a contract. If a satisfactory contract cannot be agreed upon, negotiations will then be terminated and undertaken with the next highest ranked firm. -10- w.rs.R..�YS<o-.,.. "1 mF;: °F+r�. „c.: `. .i � .r. -� ,.^a^ m•. p^yi^°. J. BILLINGS AND PAYMENTS: Monthly progress payments based upon percentage of completion will be made upon receipt of a proper invoice from the audit firm. The final payment of the annual fee to be made after acceptance of the management letter and the Comprehensive Annual Financial Report by the City should not be less than ten percent of the total fee. K. EVALUATION PROCEDURES: L, All responses will be reviewed by a selection committee. 2. The responses will be evaluated based on the following criteria: a. General experience. b. Governmental audit experience. C. Qualifications of individuals assigned to the audit. d. Familiarity with the Certificate of Achievement in Financial Reporting program. e. Demonstrated understanding of the City's requirements. f. Size and organization structure of the firm. g. Fee quote. h. Completeness of response to the request for proposal. L. ADDITIONAL INFORMATION: Requests for additional information should be made to: Hakeem K. Oshikoya, CPA Finance Director City of South Miami 6130 Sunset Drive South Miami, FL. 33143 (305) 663 -6343 INVITATION TO BID SUBMIT BIDS TO: CITY OF SOUTH MIAMI FINANCE DEPARTMENT 6130 SUNSET DRIVE SOUTH MIAMI, FL. 33143 (JUJ) 06J -0-A -i BID # Sealed Bids must be received in the Finance Department by : DATE: October 20, 2001 TIME: 5:00 P.M. Mailing Dater Bid Title: Vendor Name: Reason for no Bid: Vendor Mailing Address: City, State, Zip: Vendor # Fed ID # Area Code Telephone # Bids Closing Date: October 30, 2001 The City has the right to reject any and all bids for any or no reason. Approval of the apparent low bidder does not constitute a notice of acceptance nor is it intended to and does not create a contract or any contractual right concerning this bid and no person or entity should rely on this approval. No one has any claim to a contract /or any contractual right until the City Commission specifically authorizes the contract to be signed by the City Manager. I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same, service, materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. Authorized Signature Authorized Name /Title -12 =1■ \\1N CORPORATER � 1 92 7 V C0Rji Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: October 2, 2001 and City Commission at From: Charles Scurr Re: Agenda Item City Manage I Appointment to Code Enforcement Board REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE ENFORCEMENT BOARD; APPOINTING LEONIE M. HERMANTIN TO SERVE FOR A TWO YEAR TERM ENDING OCTOBER 2, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Leonie M. Hermantin to the Code Enforcement Board. The term will expire October 2, 2003 or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE ENFORCEMENT BOARD; APPOINTING LEONIE M. HERMANTIN TO SERVE FOR A TWO YEAR TERM ENDING OCTOBER 2, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and, WHEREAS, the Mayor and City Commission desire to appoint Leonie M. Hermantin to 'serve for a two year term on the Code Enforcement Board. This appointment shall expire October 2, 2003 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commissioner hereby appoints Leonie M. Hernantin to the Code Enforcement Board. Section 2. The expiration date of this appointment shall expire October 2, 2003 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2001. ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina; Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: Additions shown by underlining and deletions shown by everArildfig. 0 CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305 -663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: i1% l i3 i (Please print) 2. Home Address: e, rte 3. Business Address: 4. Home Phone No. A MC Business Phone No. 5. Education Background: 6. Communit Service: 8. Are you a registered voter? Yes 6 No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? ' Anglo American_ African American Hispanic American Other a ` ar1- wt- er,Cupn � . � .Signature Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 212000 Leonie Mafie Hennantin 6321 SW 63rd Terrace South Miami, Fl. 33143 (305) 669 -075 +9 Lhermantin@hotmail.com EDUCATION: JD May 1992, Boalt Hall School of Law, University of California at Berkeley. M.C.P., May 1992, Department of City and Regional Planning, University of California at Berkeley. BA in Latin American Studies, May 1988, College of Arts and Sciences, University of California at Berkeley. PROFESSIONAL EXPERIENCE: Haitian American Foundation, Inc. April 1999 - August 2001. Executive Director. Duties involved overseeing the operations of a social service agency serving primarily low- income residents of the Little Haiti, North Miami and North Miami Beach areas. Duties included program design and implementation. Oversight of a staff of 20 and budget of $1.5 million. Haitian American Foundation, Inc. December 1998-April 1999- Assistant Executive Director. Assisted Executive Director. Duties included drafting reports, staff oversight' and general senior staff duties. Haitian American Foundation.11 Inc. November 1997 - December 1998- Director of Economic Development Lehman Center for Transportation Research, Florida International University,` Miami, Florida. Consultant. September 1995- Present. Duties include: Design of survey instruments, data analysis and community outreach for a study of traffic and pedestrian patterns on Collins Avenue, Miami Beach Designed and administered survey probing level of information available in the Haitian Community about Car Safety. Administered surveys to women enrolled in Miami-Dade County's WAGES (Welfare to Work) program to determine transportion needs and accessibility to employment opportunities. School of Design, Florida International University, Miami, Florida. Visiting Professor.December 1993 -May 1995. Responsible for the coordination and implementation of a new Master's programming Urban and Environmenta Systems. Duties included,curriculum development and classroom instructions. Center for Environmental and Urban Problems, Florida International University, Miami, Florida. Planning Consultant. 1993 -1995. Responsible for designing a survey of community based organizations located in the city of Miami. Prepared at the request of Little Haiti NET prepared an analysis of CDBG funding trends for the Little Haiti community. Law Offices of Mc Donough, Holland &Allen. Sacramento, CA. Worked in three sections, Redevelopment, Water &Power and Public Law. Berkeley City Attorney's Office, Berkeley, CA.Summer Law Clerk. Conducted Research and prepared memoranda on the effect of State and federal environmental statutes on real estate transactions. May 1990- September 1991. Berkeley Community Law Center, Berkeley, CA- Summer Law Intern.Represented low income clients in the areas of housing law and government benefits. May 1989 -July 1989. PUBLICATIONS /PRESENTATIONS/RESEARCH REPORTS I Hermantin, L Barrientos, P et al " North -West Oakland: A neighborhood Profile" Department of City and Regional Planning.University of California at Berkeley .May 1993. 2. Hermantin, L, "Mobility and Accessibility in Urban Cities: Case study of an Oakland CA Community". Proceedings of the First Annual African American Mobility Issues Symposium, Center for Urban Transportation Research, University of South Florida, July 1994. 3. Hermantin, L." Little Haiti; USA: A Memory of Place ", Lecture at the Wolfsonian Institute Miami, Florida. April 1997. 4. Florida Civil Rights Conference November 2000. Profile of the Haitian Community in Miami Dade County. , BOARDS: • Early Childhood Advisory Board: 2000 - present • Florida Commission on Human Relations 1999- present • Sant- La Neighborhood Resource Center 2001- present • Community Action Agency Neighborhood Advisory Group 1998 -1999 • Society of Haitian American Professionals and Entrepreneurs 2000- present • Haitian American Grassroots Coalition' 1999 -2000 • Haitian Elders Task Force - Alliance for Aging (Chair) AWARDS: • Haitian Women of Miami • James E. Scott Community Associations • Human Services Coalition SPECIAL SKILLS: Fluent in written/spoken French and Haitian Creole ,semi -fluent in written/spoken Spanish. South Miami SOU7, Florida Ar affi is: i1i Vr -2 INCORPORATED 2001 1927 ORI F-wellence, Integyity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: October 2, 2001 and City Commission From: Charles Scurr Re: Agenda Item City Manager Appointment to Parks & Rec. Cultural a Affairs Board REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING VERONICA B. FLORES TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A TWO YEAR TERM ENDING OCTOBER 2, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Veronica B. Flores to the Parks & Recreational Cultural Affairs Board. The term will expire October 2, 2003 or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended. 1 2 3 4 5. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING VERONICA B. FLORES TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A TWO YEAR TERM ENDING OCTOBER 2, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Veronica B. Flores to serve on the Parks &Recreational Cultural Affairs Advisory Board for a two -year terms ending June 12, 2003 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Veronica B. Flores to serve on the Parks & Recreational Cultural Affairs Advisory Board. Section 2. The expiration date of appointments shall expire October 2, 2003 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 12001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMNIISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 6130 Si South ) 1. 2. 3. 4. 5. 6. 8. 9. 10. 11. signatt CZ Revised i no I TO 39Vd 3oanoS3N NvwnH WS9N3 ETVSZ99906 6 t,'-.-fz—T—oo—e7L—o 76-6 F I n r I d N .-w"'. AV -.J 2001 un OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION rnsd I Orive Phone No. 305-663-6340 fiami, FL 33143 Fax No. 305-663-6348 C Vl: 900 I CA 6-PE�- Name (PIN" 'e 01t) G- Homi Address: Rusin 79D LA NS ' �Xl V6 iss Address: 1-~ Homt Phone No. �79-2-2(*,70(p Business Phone No. Fax No. A 0 (1 Ed ,'on Backaround. < RSD - O(A� AAUAA i ms e*-Tff–jW.1crAS �4 -4gm casaqzum cam uyty Service! 3 Are 3 o u a: registered voter? Yes ✓ No Are 3 ou wrcsident of the City? Yes No ✓ Do y n have a business in the City? Yes ✓ No Ethni 0: !origin? Whit.- V/ Non-Hispanic African American Hispanic American Other re A Date q4 /6 Applicant "r'T1tj(' I f440Lwj *MACZ MI C1 I C4e TEAS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Vol TO 39Vd 3oanoS3N NvwnH WS9N3 ETVSZ99906 6 t,'-.-fz—T—oo—e7L—o 76-6 6 -OU A" • N�INCORPORATED/ 1927, R Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: October 2, 2001 and City Commission From: Charles Scuff Re: Agenda Item 16 City Manager Appointments to Police Pension Board REOUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING OFFICER FRANK GILBERT, CAPTAINS BRUCE ROSS AND DANIEL SALERNO AS POLICE REPRESENTATIVES TO THE POLICE PENSION BOARD FOR A TWO YEAR TERMS ENDING OCTOBER 2, 2003 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Officer Frank Gilbert, Captain Daniel Salerno and Captain Bruce Ross to the Police Pension Board. The terms will expire October 2, 2003 or until successors are duly appointed and qualified. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING OFFICER FRANK GILBERT, CAPTAINS BRUCE ROSS AND DANIEL SALERNO AS POLICE REPRESENTATIVES TO THE POLICE PENSION BOARD FOR A TWO YEAR TERMS ENDING OCTOBER 2, 2003 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Officer Frank Gilbert, Captains Bruce Ross and Daniel Salerno as Police representatives to serve on the Police Pension Board. The appointments shall expire October 2,, 2003 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Officer Frank Gilbert, Captains Bruce Ross and Daniel Salerno as Police representative to serve on the Regular Pension Board. Section 2. The expiration date of these appointments shall expire October 2 -, 2003 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval.' PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Robaina Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: ..�•;.; ti,.� JV UA.II AV.A A7A UA1. ' 4 A/ 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 ,Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: Frank H. Gilbert (Please print) 2. Home Address: N/A Police Representative 3. Business Address: 6130 Sunset Drive, South Miami, F1. 33143 4. Home Phone No. N/A (NP) Business Phone No. 305- 668 -2489 Fax No. 663 -6337 5. Education Background: BA Human Relations 6. Community Service: Police Pension Board 8. Are you aregistered voter ? Yes _X_ No 9. Are you a resident of the City? Yes No X 10. Do you have a business in the City? Yes No X 11. Ethnic Origin? White Non - Hispanic X African American_ Hispanic American_ Other Signat re Date 09/04/01 plicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Res iced 6101 y 3 11 R6144t, P4V6i#%r% a V 11 t ll 1V1 l it 111 l F l o r i d a 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: 6-> /o/1 -lbw /` s 1171. 1 ,r —r (Please print) 2. Home Address: A% W 3. Business Address: 4. Home Phone No.%, Business Phone No.��' T Fax No. z - ? - 5. Education Background: 6. Community Service: 8. Are you a registered voter? 9. Are you a resident of the City? 10. Do you have a business in the City? 11. Ethnic Origin? White Non - Hispanic _/ African American Signature 2cre�_,�_ Applicant Revised 6101 Yes —Z No Yes No L"/, Yes No 7 Hispanic. American_ Other Date 49�z THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR c tlt'! t ,n, ig •; it "••: n• ff .'•,f'.••��'ii 1 j �r., JVULII 1VAla Ull a F I Lo rte{ i gpd2s 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: _DlqrJ l EL SA LERWw (Please print) 2. Home Address: 'PO LI C 3. Business Address: (p 1:3 © w�t,3E 1 _D R 4. Home Phone No. Business Phone No. 30`'5 - "3-(30q Fax No. 305- "-b- (0353 5. 6. 8. 9. 10. it. Education Background: bA FI U C kIMIAlAt JUS;?C.4 1911 Community Service: Are you a registered voter? Yes f No Are you a resident of the City? Yes No Do you have a business in the City? Yes No Ethnic`Origin? White Non- Hispanic ✓ African American Hispanic American Other Signatu Date Applicard Revised 6101 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR ;q ' IRW r� :N'COR POR TEO S) Iz 7 40 Rig Excellence, Integtity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: October 2, 2001 and City Commission I From: Charles Scuff Re: Agenda Item City Manager Appointment Commission For Women REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAM19 FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING SANDY BARROW TO SERVE ON THE COMMISSION FOR WOMEN FOR AN UN-EXPIRED TERM ENDING SEPTEMBER 5, 20029 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Sandy Barrow to the Commission For Women. The term shall expire September 5 2002, or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended: nded. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING SANDY BARROW TO SERVE ON THE COMMISSION FOR WOMEN FOR AN UNEXPIRED TERM ENDING SEPTEMBER 5, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Sandy Barrow to serve for an unexpired term on the Commission For Women. Appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Sandy Barrow to the Commission For Women. Section 2. The expiration date of this appointment shall expire September 5, 2002 or until a successor is duly appointed and qualified Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina Vice Mayor Feliu Commissioner Russell Commissioner Bethel Commissioner Wiscombe 01/17/1994 05:20 3056617840 BARROW PAGE 01 svuu inwuu e�1a•, 1j. loft CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6136 Numsellhlve Memo No. 30S- 663 -6540 .South Miami, FL 3-I143 Fax No. 345- 663 -6.14A 1. Name: �iDy 944(zo %X) (Please print) 2. Hoene Address: 56ci0 -w 3. Business Address: I Z. %:3 3 Sm"(�) t % ca 4w �► _ 4. Home Phone N0. 3a< 16(p r• Z Business Phone No. 30!r L9 e6 - �� t s • Fax Ho. as�!5- 6 6 1- 7 S��! S. Edarattion Background-, j� 1 j li�S 1 ( 4 . _ 6"16T -) (a' L- ,ML. 0-M 00-At- (.1 . �J s7 a .... r r�.3 �n_cr v rri a.�ao wr _ VDy IV: iJi+Mllel 6. Community Service, c,g ► er it ( fZt u 1►' S. Are you a registered voter? Yes Y/" No 9. Are you a resident of the City? Yes No "10. Do you have a business in the City? Yes No 6/ 11. Ethnic Origin? F" White NowHispanic-L/ African American Hispanic American_ Other Si g nature G�^�0`�" Date o PplicAnt THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Reybed 6✓pl 4 L/� 30`Vd •`Wd65 :b 10-V-d3S `8VEOU0990E 'IRVI" Hinos 30 Al N3 CITY OF SOUTH 'MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 2, 2001 FROM: Charles D. Scurr f60-14 RE: Agenda Item # City Manager Approval of expenditure for electrical upgrade of the holiday tree lighting for the downtown area The attached resolution seeks approval for a total of $21,392.00 expenditure to pay for the repairs and electrical upgrade of the holiday tree lighting system for the downtown area. The upgrades are needed for repairs, public safety and proper functioning of the tree lights. Unfortunately weather conditions and vandalism has led to some deterioration and must be immediately addressed. This request is part of the continuing effort by the City to help promote the downtown area. The holiday season is the most important period for the retail business. It is important the City participates and contributes to help promote and create a holiday spirit that benefits the whole City. The repair work is provided by Benson Electric, Inc. for $21,392 (County contract bid). Funding for this disbursement will come from Account No. 001- 2.100 -519 -9910 "Contributions- Special Events "for budget year of 2001 -2002. Attachments RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO -,.DISBURSE THE SUM OF $21,392. TO BENSON ELECTRIC, INC. FOR SERVICES ASSOCIATED WITH THE ELECTRICAL UPGRADE OF THE HOLIDAY TREE LIGHTING SYSTEM FOR DOWNTOWN AREA AND AUTHORIZE DISBURSEMENT FROM ACCOUNT NUMBER 001-2100-519-9910, "CONTRIBUTIONS-SPECIAL EVENTS". WHEREAS, the upgrade of the tree lights is essential for ptiblic safety and proper functioning of the holiday lights, and; WHEREAS, this upgrades will minimize the existing vandalism, and; WHEREAS, the firm Benson Electric, Inc. has provided excellent service to the City in the past, and; WHEREAS, Benson Electric, Inc. has been awarded a competitive bid contract with Miami-Dade County (2385-2/02-OTR-CW). NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOI 'TH , V!A °v,14 FLORIDA: Section 1. The City Manager be, and is hereby authorized to disburse the sum of $21,392.00 to Benson Electric, Inc. Section 2. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 2 nd day of October, 2001. APPROVED: ATTEST: MAYOR CITY CLERK I READ AND APPROVED AS TO FORM CITY ATTORNEY 04/25/2001 00:40 39bYJ54b9V-- e:. _ — wrv..u..,awui�wi.,u.nv, .v.., us.•vv, .. ..., ECO000025 BENSON ELECTRIC, INC. CC0360 10475 SW 186 Street MIAMI, FLORIDA 33157 (305) 235 -6741 FAX: 305235-4690 PROPOSAL i �1fM D TO � P � � � GATE Z STREET JOG NAME �. CITY, P,COOE JOB IOlAT10� /-47,Wx- ARCrilTECT '. DATE OF PLANS - ls�...�q.��•,� JOa PNONE We hereby submit specifications and estimates for: - J �I / I6+ R� ►yTiGrr Lr�k.!Lrcxr+_ 4r..�.... f!Vi i.� ,...(A ° / �P."�"." +L,,, j/ +G� `r'�;.,. ,,,nf�wP-SG.S w, - ..... — ................. "....... ........... ........... ..... .... V Lf f f��4 ....._ 4!5^ ....... .................... ... ....... ............................ ... ..... ... ..,.,...,,. ......__._..._.1_ ......., ..............,........,.,,, ... .. _.......� .. .... .. .. ..,...... . �+ �rRL. ri�......... A. AI. �. �P....a�er^r.+r..- .,,,.,,.,.,., �G�"'. ,...... ,... ...r . .41!!. . ... _ .... ....... .... .............ti..,..,,, ,........ ...... .,., ,,,, .., .... NOTES: NOT RESPONSIBLE FOR PATCHING OR PAINTING. .. .. ..... .. ..,.....,, -NOT RESPONSIBLE FOR VIOLATIONS INSPECTOR MAX WANT UPGRADED NOT RELATED TO WORK BEING PERFORMED lit pro# ost hereby to furnish material and labor -= complete in accordance with above 50ecifications , for the sum of: dollars ($ }• Payment to be made as follows' 50% DOWN PAYMENT AND BALANCE DUE UPON COMPLETION VISA, MASTER CARD AND AMERICAN EXPRESS-CARDS ACCEPTED,,- DISCOVX CARD. All material IS guaranteed 10 Do so specified. All work to be c0m0lete0 in a workmanlike manner according to standard practices. Any altefetlon or deviation from above 1pacific&, Authorized . Signature lions involving extra costs wilt be asacuted only Upon written orders. and will become an �. CI ARK PRESIDENT extra charge over and above the oeurnate, All agfaements eantingant upon strikes, aCMdants s e: Tttib ptoposatmay be -or delays pdgond our Control, owner to carry . fire, tomsdo and other Aecaesary nsi,ranca. Our workers era fully covered by workmen's Compeneatlon Insurance. withdrawn by us if rj t accepted within 30 days. Arapta11er of if reg000l —The above prices, specifications and .conditions are satisfactory and are'tiereby accepted. You pre authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: 'Signature Mowl llW [ MC:6attn.kla Ottn.teagn PN6fd lautlt6tFJfartl•ilk � d '899SOE ssl.aarn at Tgnd dT2:20 TO BE daS 10/19/2000 16 :49 3052354690 9LNS'UN kI-Ek lI AIL , MIUL- °4 Proposal Wage N0. 1 Of 2— Pages `� I BENSON ELECTRIC, INC. 1,047'5 SW 186th Street MIAMI, FLORIDA 33157 235-6741 FAX- 305235 -4690 EC�Q00025 CC0360 ATTN: R'UDY - PROPOSAL SU&MIMOTO 'PHONE DATE CITE' OF SO. MIA. OCT-19, 000 STREET - JOa NAME — - TREE LIGR.TING POWER USI TO 57 AVE. CITY, STATE pill ZIP ODDE JOa L00AWNN AACHITECT DATE OF PLANE Jt)$ PHONE We hereby submit gpocift ations and esdmaw for: RECOMMENDATION $1: CHANGE OUT (13) 20 AMP BREAKERS TO 25 AMP, THE W RATING OF EXISTING ...... RELAXS.._::iN...CON`i"Rfl LEA'^•,.",... CtAitGE" �I�E.,.. GTRCHIT:- �F3`~ 6N" rI�01tTIi�fiDE:. TO... CTRCti' TI'..,. �. I...., TO..,. L" I1�IT,, ,L�7A17.�..,.:..,...,,,......._ TURN POWER ON TO TREES, CHECK LOAD ON EACH CIRCUI^' EVALUATE WHAT IS NEEDED. �tECOMMENnATIOI� �i2• INSTAI.LwC�ONRETEROOK_Q,{._ ,..........ICE 20..,,, u, 1�UPLE�C,, .QtJI,iS.,,.I1!i$.IDE._.E.S�A,. CHRISTMAS TREE AT 57 AVE, SIDEWALK 'TO CUT, CONDUIT TO BE RUN TO EXISTING J -DOX, NEW CIRCUIT „ TO BE PiJ ,ED BACK TO MAIN, ,C4NT1?QI.,... REP„LALEIl......, BY OTHERS. _ r; .: SAME AS _I2 BUT,.,FOit:.._U.SY.,,CHRIS� ,,TR E.. UTt PRICE,,,., " ",.$:4 :$6,.AQ..._ ...... ........... ....................... ..,....... ................ #4: FURNISH AND INSTALL NEW LIGHTING CONTROL PANEL TO BE MOUNTED ON BACKSIDE OF EXISTING E14UT•PMENIP ,....THI'S W, 11Y... .BE...- NEMSARY'...,F0R- -, I -VEVt1- L0AIr!§ ... ,.............._..__ .........:. .... _.._....._.._:,.,,,......... ... ._ ................... ......... ._._. TOTAL PRICE - $1112.00 t ..................... ... -' ...... ~. .,, ",._ _ .............._ ...., ....... ..... ......... .... _................. .... ...... . .... w..,� 05:: REWORK, RECIRCUIT AND ADD NEW CIRCUITS FOR EXISTING RECEPTACLE OUTLETS TO BE USED FOR „....._.. ...._ ... _ ........ ...,,............ NOTE: THIS GOES NOT INCLUDE ANY WIRING FOR CHRISTMAS TREES ON US1 AND 57 AVE, SEE OTHER .-PROPOSAL - ........... ._ ........ 1- 1........... A. SOUTH SIDE . .............. :... CIRCUITS. '2;...........S " 5....,C.T.... 21Lh7.~. CIRCt1TT"" PbR... OU" i` 1: EfiS° AT... T= 73tiX.• .Lp_I.I,.�.._.......,_...,..... RECIRCUIT OUTLETS TO THIS CIRCUIT. .............. ..5.�.,,,.EW ..".- A. V.E..:.TQ IN ,THE.S.E...,,..._..:.._...... NEW CIRCUITS. CON'T. Mt FrOPUZZ hereby to furnish materiel and labor — complete in accordance with above specifications, for the sum of; SEE PAGE 2 Payment to be made as fo lows: SEE PAGE 2 AD material is guaranteN to be as specMW.Al wolf to be Completed in a workmanlike Authorized Authorized manner according to standard practices. Any siteration or deviation from above op"Moatlons 5i invoWing antra costs w9i tie executed only upon wntlen orders, and vnit Oecame an extra 9 charge over and etwve the esumate All agreements contingent upon ttiw, accidentia S H• CL RK, PRESIDENT Ar delay, baycnq our oontrot Owner W Carp t?P8, tornado And other necessary insurance, _: Try$ prOp9fal ! tyr e withdrawn by un it net acceded W[thin —_. 30 —_ lava. Amptatirt of propml — The above prices, specifications and conditions are satisfactory and are hereby accepted, You are authorized Signature to do the work as specified. Payment will be made as oudned above. Date of Aowoptenoe: Signature I T'd 802L899SOE ssliom ottgnd d02c20 TO 82 des t1� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission 2000 FROM: Charles D. Scurr City Manager jeoe REQUEST DATE: September 27, 2001, SUBJECT: A 9 enda # Commission Meeting October 2, 2001 Melrose Nursery Inc. The purpose of this memorandum is to recommend the approval of the attached resolution to purchase and install trees from Melrose Nursery Inc., for various locations in the City of South Miami. BACKGROUND & ANALYSIS We continue to enhance the canopy of our City through street plantings. Various residents have expressed an interest for us to plant additional tress in the following areas: 50 trees along the Miller Road - Gables End area, and 67 avenue to SW 48th Street, and 81 Street to 59 Avenue. The City of South Miami Parks & Recreation Department Landscaping Division has utilized Melrose Nursery Inc, in the past. Their service and quality of supplies has been outstanding. The Parks & Recreation Department have received four bids on trees, and the installation of these trees, and the lowest bidder is Melrose Nursery In. The following is a list of vendors which have provided the above mentioned information to the Parks & Recreation Department: Melrose Nursery Inc. $ 9,575.00 Landscape Associates $12,665.00 Simpson's Tree Farm $12,100.00 Alton Road Nurseries $ 22,500.00 The funding for this project will be set aside by dollars from fiscal year 2000 -2001; line item "Landscape Maintenance ", account number 001 - 2050 -519 -4625. Available account balance is $11,000.00. RECOMMENDATION Approval is recommended. Commission Sc Melrm Nmsery Inc. 2001 I Resolution No. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO 6 A CONTRACT WITH MELROSE NURSERY INC., FOR STREET PLANTING ON 7 CITY'S RITE-OF-AWAY LOCATED ON MILLER ROAD AT GABLES END, AND 8 ALONG 67 AVENUE TO SW 48 STREET AND 81 STREET EAST OF 59 AVENUE, 9 FOR A TOTAL OF $9,575.00; AND CHARGING THE DISBURSEMENT TO 10 ACCOUNT NUMBER 001-2050-519-4625, "LANDSCAPE MAINTENANCE". 11 12 13 WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids 14 be obtained for services and or purchases of items over $5,000.00; and 15 16 WHEREAS, We continue in the development and enhancement of all City 17 properties: and 18 19 WHEREAS, Through this company the City will select the trees to be installed; 20 and 21 22 WHEREAS, This company will install each selected tree for the above mentioned 23 locations; and 24 25 WHEREAS, This street planting will provide 50 new trees to build on the City's 26 canopy; and 27 28 WHEREAS, These trees will be planted along Miller Road, at Gables End, and 29 67h Avenue to SW 48' Street, and 81 Street east of 59 Avenue; and 30 31 WHERAS, The Parks & Recreation Department received the following 32 bids: 33 Melrose Nursery Inc. $ 9,575.00 34 35 Landscape Associates $12,665.00 36 37 SiLnpson's Tree Farm $12,100.00 38 39 Alton Road Nurseries $22,500.00 40 41 WHERAS, Funding for this project will be set aside by dollars from fiscal year 42 2000-2001. 43 44 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 45 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 46 47 48 49 50 1 2 3 4 Section 1. That a purchase order be awarded to Melrose Nursery Inc., in the 5 amount of $9,575.00 for the above mentioned. 6 7 8 Section 2. Charging the disbursement to account number, 001- 2050 -519 -4625, 9 "Landscape Maintenance ". 10 11 Section 3. This resolution shall take effect immediately upon approval. 12 13 14 15 16 PASSED AND ADOPTED this day of October 2001. 17 18 19 20 ATTEST:' APPROVED: 21 22 23 CITY CLERK MAYOR 24 25 26 27 READ AND APPROVED AS TO FORM: 28 90 CITY ATTORNEY Commie Metmee Nursery Inc. 7001 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 C,9 _t, D 25;1351 � �' =— � � � 535_�� h�1ELF'_ N_R�ER`r PAGE ID \ Jahn G. Fritz NURSERY, INC. J j Zu.rld"4 Sm4ae4 DESiC;NS LAWNS HEDGES • TREES 20100 S.W. 112th-.Avcnue • Hocncstead, Florida 33032 Our Equipment Is Designrd lo Meet AXY Problem Phonc: (305) 258- 3411'• Fax. (305) 258 -1381 Sept, b, 2001 City of South Miami Parks & Recreation Dept 613 0 Sunset drive South M iamL Fl. 33143 Att: Mr. Doug Baker Dear M:. Baker: A ?nstafL m1 cs fur the i.2 N) 0 South'Mia:v. An itemized breakdown of requested material and casts are as Mows: 20 - Pehophorum 12'-14'@ 220.00... .......................... ........... .... .......S 44M.00 15 - Poinciara 12' -14' @ 170.00............ ...... ............................... .... 2550.00 15 - Oak trees 12' -14' @ 175.00........ .................................................... 2625.00 Total. ............................... ............ .. .................. ................. $9,575.00 Above costs would'inelude delivery and installation, all necessary planting soil, guying and brachng and initial watering it Thanking you for this inquiry- and hoping to be of future~ service, we remain. Very truly yours, NELROSE NURSERY, F-K . C. Fritz FROM LA`IDSCAP I Nh I ATE'= MC C PHO IE NO. '705-2537784 r� Sep. p. 21 20-U1 �J4:4= i_;Pfi F2 LANDSCAPING ASSOC'(A'fE- ,�,' ,y ESTIMATE.,,, 1 7685 SW 157TH AVE. MLAVTI, FL '3187-1711 I GATE i ESTIMATE NO 9 1!2001 32105 NAME; AGGRESS CITY OF SOUTH ML;1.Nfl _ j PARKS & RECREATION- DEPAP TNIENT ATTN: DOUG E,AKER R 0 N0. i PLANS `. 2, -1y O ' DES C• .RIPTf - -- __ v —_ SIZE --- - PRICEET'=7AL 220 PITTOSPORUM T'OB-rRA I 12' _14' �n,C►o 401}.pr~ 5n : P0E CLA.tiTA 15.00 ) ; i , .zTEI1Y i w 390.00 i i i r I Please sign and fax back for approval: - -- CA.. ! - - _I -- -- -- � TOTAL _ - $12,665.00 i ... "Of t : Lyt -6.3 _t= R I t IG I ATES I t IC- PHOME iJO. : 3052537764 Sep. 4-21 2001 04 : 07RI P1 LA &'vSCAPING ASSOC:IATUS 17685 SW; 157 "' AVE NUF M I A M FL.33187 �}f (305`x, 238 208 FX: (305) 2,53 -7784 FACSIMILE TRANSMITT:i1. SHEET FROAi: Dough Baker Peter Robau PAX NTLNEER : DATE: 303- 669 -IL266 9/06/200= COMPA'Ny: V XOTAL NO, OF PAGES INCU DING COVER-he Cis }' of SouthTiami 02 pROINE \[::1ISEI2: - - - -- SENDER'S REFERENCE \UiMBER: 3005-663-6319 La -d 2- 092101^. S t T•' \ f 1 t t . .1 = URGENNT , FOR REVIRW "V! PLEASE CO.'VI IF. \T ::: PLEASE REPr..Y n PLEASE RECYCLE`. NoteslConiments Dough, Attached please find Proposal for The City Of South Miami, Parks & Recreation Department. If you have any questions, please do not hesitate to contact us. Regards, i Peter -Robau -ter T ... ,�wi SOYI Fr-o m: 5; w, ':icsr5 Tree arras '�,ck S d 5; .21.1 (,, a, 1. ,k A/ ' % f'• /ld UD G ch �n� fa lei /<5'O , o o 6 OO each �- ffi S.aao.00 100-0e) &e4 12 �Gc r t _ 1. Drnr,nsai Number'. rCity `Bak�rr 1111 of So -. Miai 305 - 2820235 (G) 1=rOns" � Df auq FAX: _ _ _ .._... Balance Due -- — — d 50% to Schedule _ I' . Thru Good , - — — Customer ID _ _.... _ _..::. n Cc ciao .T.piet2 o it - CITY SOUTV _.. _ _. __ ....._.. _ _ �_ ._ .__ Totals _....__.._ ._._... -- -. _._.._� ._._ . t�escriptiori Price ._...._..._�._. -- -..... Quantity Item _.. - - -.. ... � - - -. -._ .._.. ....._. — R.�:�F�� gL�IITER •� _ � Sv0 . G0 ,4, `2,50 GG '� r AT 10,i 2s 1 TREES ?firTIVY - SOIL FERTILIZER �a Subtotal 500.00 (1) The Aiton Road Nurseries will not Sales Tax be responsible for aMy damage to property. (2) in the e4ant any action Total -42, 5 U 0 . 00 Mad rrvalavant to this contract, customer shall �e llilbiefor all coats or collection, including attorney's foes, whether at Mali or Appellate lev &I, constitutes acceptance of thi$ Work venue shelf be In Migml -Dade Gounty, payment of Deposit $ - --�. -- �--� -- FlorEda. (3} All unpaid balances will order and pricing. icy signing below customer agrees to pay ail remaining balances upon acquire thr highest rate appilcable by compietlon of the protect. Customer understands that'watar(ng of the plants Is NOT the law, responsibility of The Alton Road Nurseries, unless otherwise stated. �y a x ..a .. 2A To: Honorable Mayor Date: September 28, 2001 and City Commission From: Charles D. Scurr Subject: Agenda Item # �0 City Manager Commission Meeting 10/2/01 Annexation REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO TRANSFER $15,000 FROM ACCOUNT 01- 21 -00- 519 -9910 "GENERAL CONTINGENCY" TO ACCOUNT 01- 2000 - 219 -1334 "ANNEXATION CONSULTANT "; AND APPROVING THE GRANT OF THESE FUNDS TO THE SOUTH MIAMI COMMUNITY DEVELOPMENT COUNCIL OF CHAMBER SOUTH FOR ACTIVITIES RELATING TO ANNEXATION. BACKGROUND AND ANALYSIS Over the past year, the City of South Miami has been approached by an increasing number of communities located in unincorporated Miami -Dade County regarding annexation into the City. The South Miami Community Development Council of Chamber South (CDC) has expressed its willingness to assist these communities and the City of South Miami with the study of annexation and, if appropriate, the initiation of the annexation process. The interest of the communities in, and the CDC's willingness to assist with, annexation is due to the enhanced quality of life enjoyed by the City under the leadership of the Mayor and City Commission. In the greater public's eye, the City of South Miami has substantially elevated its position in the echelon of Miami -Dade County's premier municipalities. Recent events, such as the City's success in Tallahassee and the gun lock ordinance, have further enhanced public perception, and staff believes that the annexation efforts should continue. Staff recommends that the City provide an additional $10,000 from account number 01- 21 -00- 519 -9910 "General Contingency." The balance in the account will be $40,000. RECOMMENDATION Your approval is recommended. Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO TRANSFER $15,000 FROM ACCOUNT 01- 21 -00- 519 -9910 "GENERAL CONTINGENCY" TO ACCOUNT 01 -2000- 219 -1334 "ANNEXATION CONSULTANT "; AND APPROVING THE GRANT OF THESE FUNDS TO THE SOUTH 'MIAMI COMMUNITY_ DEVELOPMENT COUNCIL OF CHAMBER SOUTH FOR ACTIVITIES RELATING TO ANNEXATION. WHEREAS, over the past year, the City of South Miami has been approached by an increasing number of communities located in unincorporated Miami -Dade County regarding annexation into the City; and WHEREAS, the South Miami Community Development Council of Chamber South (CDC) has expressed its willingness to assist these communities and the City with the study of annexation; and WHEREAS, the Mayor and City Commission wish to make a contribution to the CDC for an annexation study so that the City can respond to these inquiring communities appropriately. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to disburse $10,000 from account number 01 -21- 00- 519 -9910 "General Contingency" to the South Miami Community Development Council of Chamber South for activities relating to annexation. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ; 2001. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: MEMORANDUM To: Honorable Mayor, Vice Mayor & Date: October 2, 2001 and City Commission From: Charles D. Scurr RE: Agenda Item O—Z& City Manager LDC Text Amendment Car Wash Regulations REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE ",SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASHIWAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City's Land Development Code currently has regulations addressing "Mobile Car Wash Services." However, it has come to the Planning Department's attention that several different requests for licenses for car wash enterprises have been inquired about, and that the current regulations do not address the various types of car wash businesses' that are either occurring or being proposed. The Administration proposes an amendment to the text of the City of South Miami Land Development Code, which will place the appropriate restrictions and requirements on various types of car wash activity. On July 24, 2001, the City Commission initiated the process, directing staff to prepare a draft ordinance for review by the Planning Board and the City Commission. ANALYSIS Current LDC zoning regulations Currently, the LDC makes a provision for "Mobile Automobile Wash/Wax Services," permitting this use in several of the office and commercial zoning districts (but not the SR Specialty Retail "Hometown" LDC Amendment Car Wash Zoning Regulations October 2, 2001 Page 2 zoning district.) The mobile car wash use is permitted as a Special Use, requiring a full public hearing in front of the Planning Board and the City Commission. The definition of Mobile automobile wash/wax service is specified as "a motorized vehicle equipped to provide a self-contained facility for washing, waxing, and otherwise cleaning or "detailing" automobiles." Additionally, the LDC contains the following specific conditions that apply to these establishments. • No mobile service vendor shall station itself upon any public street or right-of-way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow of traffic in public streets or rights-of-way nor block pedestrian access to public streets or rights-of-way. • All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. • No mobile service vendor shall remain in any one site longer than sixty (60) minutes. • Mobile service vendors must operate from four-wheel motorized vehicles registered in the State of Florida. • No steam-cleaning, solvents, detergents and/or degreasers may be used. • No run-off into catch basins is permitted. • If soap is used, any run-off must be negligible and contained on private property. As stated above, the existing regulations apply to a specific type of service only, the mobile car wash service, which utilizes a specially designed truck to carry a water tank and associated equipment (see photo.) Permanent Automobile Washing /Detailing Operations are most closely associated with either a main use commercial car wash establishment, or as an accessory use to an existing gas station. These installations are heavily regulated by County (DERM) environmental regulations, as well as State and Federal environmental laws. LDC Amendment Car Wash Zoning Regulations October 2, 2001 Page 3 Mobile Car Wash services located at permanent locations may use similar equipment to the mobile car washes described above, but locate themselves in a permanent location to solicit customers. Examples of such a use may be located in parking garage structures associated with shopping malls or hospitals. Proposed zoning regulations Permanent Car Wash Installations Current regulations only permit permanent, main use, car wash installations in the TODD Light Industrial zoning district (see PB -01 -017 for explanation of TODD -LI permitted uses.) It is proposed that the Section 20- 3.4(B)(5), which regulates gasoline service stations, be amended to include the provision that automobile washing/detailing operations may be permitted as an accessory use. This will address both the permanent car wash facilities at gas stations and the crews of workers sometimes used for washing or detailing. It is important to note that new gas stations are only permitted in the GR General Retail zoning district, as a special use requiring a public hearing. Mobile Car Wash Services As stated above, the LDC currently addresses the mobile car wash services. Planning Department staff has found that the requirement for Special Use approval for mobile car wash services is impractical. Staff believes that the current conditions for these mobile services are adequate from an environmental standpoint. As long as these conditions are followed by the mobile services, an occupational license should be able to be issued. Further, the prohibition on these services in the SR Specialty Retail (Hometown); and the TODD -PI Public Institutional zoning districts seems over- regulatory. If these vehicles can service parking lots in the TODD or GR districts, it would seem to make sense to permit them in the First National Bank or City Hall parking lot, for example. However, there have been complaints in the past from nearby residents that the mobile services create too much noise and are disruptive. Therefore, Planning Department staff suggests the restriction that no mobile service could locate less than 100 feet from an adjacent residential zoning district. This should serve to protect residential areas from intrusion. Additionally, Planning Department staff suggests that the current condition that no mobile service stay in one place longer that sixty minutes (1 hour) is too restrictive. A typical service may wash several cars in one parking lot. Two hours would be a more realistic timeframe for these services. Note that the mobile service is only permitted on private property; use of the public right of way for these services remains prohibited. Mobile Car Wash services located at permanent locations These car wash services share many of the same characteristics of mobile car wash services, and should be subject to the same set of conditions as detailed above. However, the restriction on the number of hours that a mobile service may remain in one place has effectively prohibited these operations from being permitted. It is proposed that the LDC provide that an exception is made for mobile services which locate permanently within approved; parking structures such as the Shops of Sunset Place garage, or at South Miami hospital's garage. The important consideration for these establishments is whether the operation is compatible with surrounding uses and the neighborhood in general. For instance, within a parking structure in a commercial district, with no exterior signage, this type of service is acceptable. However, a similar car wash operation, setting up permanent operations in a commercial parking lot in the Hometown District or other commercial or office districts, is clearly incompatible with the intended uses of the district, especially if outdoor signage is permitted. Therefore, the Planning Department suggests that these uses LDC Amendment Car Wash Zoning Regulations October 2, 2001 Page 4 be limited to within parking structures in zoning districts which permit them, and no exterior signage should be permitted. PLANNING BOARD ACTIONS This item was reviewed by the Board at its August 14, 2001 meeting at which time a number of revisions were suggested and incorporated into the proposed ordinance. The item was deferred at that time. The Planning Board at its August 28, 2001 meeting adopted a motion recommending approval of the proposed ordinance.. The motion to approve was made by Mr. Mann and seconded by Mr. Liddy. The motion was adopted by a vote of 5 ayes and 0 nays. RECOMMENDATION: The City Commission approved the ordinance on first reading at its September 18, 2001 meeting. It is recommended that the proposed amendment the Land Development Code, addressing mobile car wash services as permitted and special uses in the appropriate zoning districts, and setting additional conditions of operation, be approved. Attachments: Proposed Ordinance City Commission Resolution No. 104 -01 -11252 Planning Board Minutes 8 -28 -01 CS/RGL /SAY D: \Comm Items\2001 \10 -2 -01 \LDC Amend -Car Wash report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE",SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCE'S IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Mobile Car Wash Services," and, WHEREAS, the current regulations can be improved to address the various types of car wash businesses that are being proposed within the City, and, WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution No. 104 -01 -11252 directing the preparation of an amendment to the text of the City of South Miami Land Development Code, which would clarify the different types of car wash enterprises, and place the appropriate restrictions and requirements on car wash activity, and further directing that the amendment should be forwarded to the Planning Board for review and recommendation; and WHEREAS, a public hearing regarding the proposed amendment was held by the Planning Board on August 28, 2001, at which time the Planning Board voted 5 -0 to recommend approval of the proposed amendment to the City Commission; 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: m ... ,�- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 1. That Section 20- 3.3(D) entitled "Permitted Use Schedule," of the City's Land Development Code, is hereby amended to read as follows: Section 2. That Section 20- 3.4(B) entitled "Special Requirements," of the City's Land Development Code, is hereby amended to read as follows: (5) GASOLINE SERVICE STATION (f) Ancillary Uses. A. Automobile Washing/Detailing Operations may be permitted as an accessory use in the GR General Retail Zoning District. (20) MOBILE AUTOMOBILE WASH /WAX SERVICE (a) Mobile carwash services may operate from 9.00 a.m. to 5.00 p.m. on Monday through Saturday only. No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of -way. No mobile service vendor shall station itself within 100 feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No mobile service vendor property owner maw permit mobile carwash services to operate on their property for longer than sixty (tin) minutes two (2) hours, or operate on site more than two (2) times per week. (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e1 below. (e) With special use approval, exception to (c) above may be made for mobile service vendors , who are stationed within approved parking structures. No exterior signage visible from a public street shall be permitted for locations within parking structures. (f) Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida. (e) No steam - cleaning, solvents, detergents--and/or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK day of 2001 3 APPROVED: MAYOR l 2 3 1St Reading - 4 2nd Reading- 5 6 COMMISSION VOTE: 7 READ AND APPROVED AS TO FORM: Mayor Robaina: 8 Vice Mayor Felieu: 9 Commissioner Russell: 10 Commissioner Bethel: 11 Commissioner Wiscombe: 12 CITY ATTORNEY 13 14 15 NOTE: New wording underlined; wording to be removed indicated by strike- through. 16 17 M k_ RESOLUTION NO. 104-01-11252 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE RELATED TO CAR WASH ZONING REGULATIONS, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Mobile Car Wash Services," and WHEREAS, it has come to the Planning Department's attention that several different requests for licenses for car wash enterprises have been inquired about, and that the current regulations: do_ not address the various types of car wash businesses that are either occurring or being proposed, and " WHEREAS, the Administration proposes an amendment to the text of the City of South Miami Land Development Code, which will create specific definitions for the different type of car wash enterprises, and place the appropriate restrictions and requirements on each type of car wash activity: - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. A draft ordinance, ;amending the Land Development Code of the City of South Miami, addressing definitions for the different type of car wash enterprises, and the appropriate restrictions and requirements for each type of car wash activity, shall be prepared' by City staff 'and brought forward to the Planning Board and to the City Commission for review and consideration. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24`h day of July, 2001. ATTEST' APPROVED: CI1— CLERK MAYO; READ AND APPROVED AS TO FOR%I: COMMISSION VOTE 5 -0 Mayor Robaina Yea Vice -Mayor Feliu: Yea --� Commissioner Russell: Yea Commissioner Bethel: Yea CITY ATTORNEY Commissioner Wiscombe: Yea DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 28, 2001 City Commission Chambers 7:30 P.M. L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Morton, Mr. Juan Comendeiro and Ms. Yates. Board members absent: Mr. Illas and Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Gremaf Reyes (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -015 APPLICANT: Shoal Creek Properties L.L.C. Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO : A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE: DISTRICT TO "TODD(MU -5)' TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS -LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE -EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting August 28, 2001 Page 2 of 5 Action: Mr. Liddy read the item into the record. Mr. Morton explained that both items pertaining to Shoal Creek Properties were interelated, therefore they would be discussed simultaneously and will be voting on them separately. Mr. Lorber presented a summary of the request for the rezoning of the above - described property, from "MO" Medium- Intensity Office. Use District, to the proposed zoning, the "TODD (MU -5)," Transit Oriented Development District (Mixed -Use 5) Use .District. A Comprehensive Plan, Future Land Map Amendment for this project received a Planning Board recommendation of approval at its July 10, 2001 meeting and subsequently went before the City Commission where it received first reading approval at its July 24, 2001 meeting. The applicant is constructing a residential building with limited commercial uses on the ground floor facing SW 59th Place. Applicants: Ines Marrero - Priegues, Esq., James Harris, Michael Getz, (Shoal Creek Properties). Mark Pollack, Rob Curtis, Ed Llorca Ms. Marrero opened the presentation summarizing the proposal, and Mr. Curtis conducted' a visual presentation. Inquiries and concerns of the Board included, but were not limited to: ,whether access to the garage from SW 691h Street is the best location; the Board did not feel that the three- foot setback for the garage was reflected on the site plan; how the commercial section will be serviced; types'; of amenities; types of retail; price range; of residential units; per -unit occupancy; and whether or not the proposed Mediterranean design of the building would blend in with the rest of the City. Mr. Harris stated that SW 691h Street would be the most preferable access to the garage because it is closer to the retail spaces. The applicant explained and reaffirmed to the Board that the three -foot setback for the garage has been stipulated in the revised plan. The commercial areaa will be serviced after hours. As for the exterior design of the building it is required that the applicant bring the request to the Environmental Review & Preservation Board (ERPB). The rental cost of the units will range between $80041,800. Ms. Marrero responded to a question on occupancy per unit that the owner will need to comply with current HUD' guidelines. Speakers (residents): Cal Rosenbaum, 6101 Sunset PI Yvonne Beckman, South Miami Homeowners' Assoc. Craig Sherar Michele Hebert, 7000 SW 64" Ct Walter Harris, 7100 SW 641h Ct Michael Miller, 6796 SW 62nd St Dean Witman, 6259 SW 701h St David Tucker, Sr., 2556 SW 78' Ter Planning Board Meeting August 28, 2001 Page 3 of 5 Bexie Schwartz '6931 SW 62 "a Ct Roxanne Scalia, 6925 SW 63`d Ct Catherine Goe 6241 SW SW 68`" Street, #210 David Landoe 6926 SW 62 "d Ct Al Elias, 7150 SW 62 "d Ave Greg Oravec, CRA Director Concerns expressed by those speakers against the proposal, included but were not limited to: increase in traffic congestion; security; insufficient parking spaces; school crowding; loosing the green space; price range of rentals might be too high; management; size of building; appropriate dumpsters location. Those speakers in favor of the proposal believed that such project will help revitalize the area. Motion: Mr. Comendeiro moved for approval of the request and Ms. Yates seconded the motion with the following conditions: (1) the applicant shall provide a minimum three- foot setback between the garage (north side) and the sidewalk (2) applicant to redesign the proposed streetscape elements in order to conform to the Community Redevelopment Area Streetscape Plans for the area; (3) entrance to the parking garage should be moved to the west; and, (4) storefront delivery / service, to comply with City ordinances. Vote: Ayes 5 Nays 0 PB -01 -016 APPLICANT: Shoal Creek Properties L.L.C. Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING, WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. Action: Mr. Mann read the item into the record and staff presented the request, consisting of a Special Exception Approval (1) to locate a large scale project in the "TODD (MU -5)" section; ,(2) provide 550 required parking spaces where a total of 585 spaces are required; and (3) maintain a 0 (zero) foot building line front set back where a 20 (twenty) foot building line setback above the 4 '" floor of the building is required. Planning Board Meeting August 28, 2001 Page 4 of 5 At this point, the Board, staff and the applicant discussed the above proposal. Applicants: (Same as listed under PB 01 -015 above). Speakers (Residents): (Same as listed under PB 01 -015 above). Motion: Mr. Comendeiro moved to approve the special exceptions: (1) to construct a large scale development use in a TODD district; (2) to allow a; total of 550 required parking spaces; and (3) to waive the 20` building line setback at the 5th and 6th floors. Ms. Yates seconded the motion. Vote: Ayes 4 Nays 1 (Mr. Liddy) PB -01 -012 APPLICANT:: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH' MIAMI,. FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND_ DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) ENTITLED' "PERMITTED USE SCHEDULE ",SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS' FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;° AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. At this point, Mr. Comendeiro requested that the item be deferred. Motion: Mr. Comendeiro moved to defer the request and Mr. Man seconded the motion. Vote: Ayes 2 Nays 3 (Mr. Liddy, Mr. Morton and Ms. Yates) Action: The motion to defer this item failed, therefore the Board proceeded to discuss the proposal, which will place the appropriate restrictions and requirements on various types of car wash activity. On July 24, 2001, the City Commission initiated the process, directing staff to prepare a draft ordinance for review by the Planning Board and the City Commission. Speakers: Marcia Tabares and Don Smith, Wash World Robert Shapiro, Esq. Planning Board Meeting August 28, 2001 Page 5 of 5 The Board, staff and the speakers briefly discussed the proposed ordinance, which has been revised as per the Planning Board recommendations at its meeting: of August 14, 2001, addressing mobile car wash services as permitted and special uses in the appropriate zoning districts, and setting additional conditions of operation. Motion: Mr. Mann moved to approve the request'and Mr. Liddy seconded the motion.' Vote: Ayes 5 Nays 0 Mr. Lorber "reminded Mr. Shapiro that since acting as a lobbyist he needs to register with the City Clerk as soon as possible. V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of August 14, 2001 Vote: Ayes' 5 ; Nays 0 VI. Discussion Items There were no discussion items. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 11:06 PM. RGL /mmm K: \PB \PB Minutes\2001 Minutes\WNS 08- 28- Ol.doc To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager Date: October 2, 2001 Re: Agenda Item # LDC Amendment: Menu Board Signage Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Corporate Property Services , representing the McDonald's Corporation, is requesting the City to amend Section 20 -4.3 (Sign regulations) of the Land Development Code in order to increase the maximum allowable size of free standing menu board signs from 35 sq.ft. to 44 sq. ft. The application is a result of the company's desire to replace its current menu board sign at its restaurant located at 6150 South Dixie Highway. If the proposed amendment is approved, it would be applicable to all new free standing menu board signs. STAFF ANALYIS (1) The applicant initially applied for a sign variance to permit a new menu board sign to be installed at its S. Dixie Highway restaurant. The item was schedule for public hearing at the Planning Board's July 10, 2001 meeting. The applicant pointed out initially that their request was necessitated because of new state of the art technology (menu board with a video screen), The applicant later advised that there was also a need for more space due to an expanding choice of food items. Prior to the Planning Board meeting staff advised the applicant that it would be more appropriate for the City to consider this request in the form of a text amendment to the sign regulations, instead of as a site specific variance request. (2) The City's current regulations applicable to free standing menu broad signs is as follows: Section 20- 4.3(I)(5) FREESTANDING MENU BOARD: One (1) MENU BOARD SIGN shall be permitted at a licensed RESTAURANT, not to exceed thirty -five (35) square feet in area nor seven and one -half (7.5) feet in height. Direct illumination is permitted. Sign may be detached ...'a' v. s+.. .. �,., .^�*�'- ;4e£- �t�'M1�`"�°"'+-ui ej3"T'*'f;° .. ":,.S?Sami +� - y?� 'CAe(7 LDC Amendment Menu Board Signs October 2, 2001 (2) (3). It is important to note that the City's Zoning Task Force has completed its review of sign regulations, and adopted a revised chapter entitled Article V Sign Regulations. The new .chapter contains a number of adjustments to existing standards for specific sign types. The Task Force did not recommend any change to the maximum allowable size of menu board signs, however, it was recommended that the wording ".....shall be permitted at each drive - through to a licensed..." be added. The purpose of the revision was to clearly indicate that this type of sign was limited to restaurants with drive through facilities. (4) The applicant's proposed increase of 26 % in the size of the sign would have minimal impact if the sign is not visible from a public street; or if visible, screening or landscaping be provided up to the height of the sign. Menu boards for drive through facilities are internal to the site and are generally not visible from a public street. SPECIFIC AMENDMENT Based upon the conditions specified above the following amendment should be considered in lieu of the request of the applicant to allow an additional 9 square feet in size. The amendment includes the additional wording proposed by the Zoning Task Force. Section 20- 4.3(I)(5) FREE STANDING MENU BOARD: One (1) MENU BOARD SIGN shall be permitted at each drive - through to a licensed RESTAURANT, not to exceed thirty - five (35) square feet in area nor seven and one -half (7.5) feet in height. A menu board 'sioay exceed the maximum allowable square footage by up to 10 sq. ft. if the facade of the sign is not significantly visible from a public street, or if visible, screening or landscaping acceptable to the'Gity's ERPB be provided up to the height of the sib. Direct illumination is permitted. Sign may be detached The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment. The motion to approve was made by Mr. Mann and seconded by Ms. Yates The motion was adopted by a vote of 5 ayes (Mr. Liddy, Mr. Morton, Ms. Gibson, Mr. Comendeiro, Ms Yates) and 2 nays (Mr. Mann, Mr. Illas). CITY COMMISSION ACTION The Commission at its September 18, 2001 approved the proposed ordinance on first reading. RECOMMENDATION: It is recommended that the amendment as proposed above and in the attached draft ordinance be approved on second reading. nt / Justification oard Minutes 8 -14 -01 SAY D: \Comm Items\2001 \I0- 2- 01\LDC Amend Menu Bd Report.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE, DATE. WHEREAS, Application No.PB -0 1 -013 submitted by Corporate Property Services, representing the McDonald's Corporation, is requesting the City to amend Section 20 -4.3 (Sign regulations) of the Land Development Code in order to increase the maximum allowable size of free standing menu board signs from 35 sq.ft. to 44 sq. ft; and WHEREAS, the Planning Department has determined that the applicant's proposed increase of 26% in the size of the sign would have minimal impact if the sign is not visible from a public street; or if visible, screening or landscaping be provided up to the height of the sign; and WHEREAS, the Planning Department has prepared an ordinance amending the maximum allowable size of a free standing menu board sign with the condition that screening or landscaping be provided up to the height of the sign if it is visible from a public street; and WHEREAS, the Planning Department has added additional wording recommended by the Zoning Task Force in order to clearly indicate that a free standing menu board sign was limited to restaurants with drive through facilities; and WHEREAS, on August 14,2001, after a public hearing regarding the proposed amendment to Section 20- 4.3(I)(5) of the Land Development Code, the Planning Board approved a motion by a vote of 5 2 recommending approval of the proposed amendment; and WHEREAS, the City Commission desires to accept the recommendation 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 the subparagraph entitled , "Free Standing Menu Board Signs" of Section 20- 4.3(I)(5) entitled, "(Signs) All Other Zoning Districts" of the South Miami Land Development Code is hereby amended to read as follows: Section 20- 4.3(I)(5) FREE STANDING MENU BOARD: One (1) MENU BOARD SIGN shall be permitted at each drive - through to a licensed RESTAURANT, not to exceed thirty -five (35) square feet in area nor seven and one -half (7.5) feet in height. A 10 sa. ft. if the facade of the sign is not significantly visible from a public 51 street or if visible screening or landscaping acceptable to the City's ERPB 52 be provided up to the height of the sign. Direct illumination is permitted. 53 Sign maybe detached 54 1 (2) 2 3 4 5 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this 6 ordinance are hereby repealed. 7 8 Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held 9 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 10 validity of the remaining portions of this ordinance. 11 12 Section 4. This ordinance shall be effective immediately after the adoption hereof 13 14 15 16 PASSED AND ADOPTED this 17 ATTEST: 18 19 20 21 CITY CLERK 22 23 1st Reading - 24 2" d Reading - 25' 26 READ AND APPROVED AS TO FORM: 27 28 29 30 31 CITY ATTORNEY 32' 33 34 35 day of , 2001 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu Commissioner Russell Commissioner Bethel: Commissioner :Wiscombe 36 (Note; New wording underlined; wording being removed indicated by strike - throug Am Citkof f-South Miami - iiiddd Punning & Zoning ,'' a - Zoning Ju _. y City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax; (305) 666 -4591 Planning apart m n't Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Subdivision Meets & Bounds: PS P• 20 Larks- n- Pines Applicant: Phone: Corporate Property Services, Inc. (954) 426 -5144 Representative: David J. Felton Organization: Corporate Property Services, Inc. Address: 600 Fairway Drive, Suite 104 Phone: ( 54) 426 -5 44 Deerfield Beach FL 33441 f Property Owner: 'McDonald's Corporation Signature: P Mailing Address: ,5200 Town Center Circle, Suite 60113hone: (561) 391 Y80 03`- Boca Raton FL 33486 ` Architect/Engineer. Phone: James H. Pohl, P.E. (954) 421 -0997 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner XOwner's Representative _Contract to purchase _Option to purchase Tenant/Lessee APPLlCATlON IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM- X- Text Amendment to LDC Variance —Zoning Map Amendment _Special Use _,PUD Approval Special Exception _ PUD Major Change Other Briefly explain application and cite specific Code sections: Text Amendment to amend the Land Development Code Section 20- 4.3(I) (3) (c) in order to permit a 44 s.f. menuboard sign. Section: Subsection: to Amended Date: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: X Letter of intent _ Justifications for change Statement of hardship _ Proof of ownership or letter from owner _ Power of attorney Contract to purchase _ Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") —15 copies of Site Plan and Floor Plans 1 reduced copy @ 11 x 17" — 20% Property owner signatures Mailing labels (3 sets) and map Required Fee(s) Th undersigned read this completed application and represents that the information and all submitted materials are true and e b st f' ect to t the applicant's knowledge and belief. Applicant's i ature and title D to David iJ. If'elton Upon receipt, apppIications and all submitted materials will be reviewed for corn liance ��ith the Land Development Code and other applicable regulations,, Applications found not in compliance will be rejected and returned to the applicant. OFFICEI USE ONLY; Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Pa ment ° 8/2/00 Mr. Richard G. Lorber, AICP U H Planning Director The City of South Miami JUL 13 2M1 6130 Sunset Drive South Miami, FL 33143 Planning DePartMent RE: Code Text Amendment McDonald's —6150 S. Dixie Highway Dear Mr. Lorber: On behalf of McDonald's Corporation and in accordance with the provisions set for in the Land Development Code Sections 20 -5.2, 20 -5.3, and 20 -5.4, 1 would like to respectfully request a Text Amendment to Section 20- 4.3(I)(3)(c) of the City of South Miami Land Development Code. The current code permits fast food restaurants to install one menu board sign, not to exceed 35 square feet in area or 7.5 feet in height. The requested amendment would allow fast food restaurants to install one menu board sign, not to exceed 44 square feet in area or 7.5 feet in height. Due to market demands, McDonald's Corporation is upgrading its existing menu board to include the, larger variety of menu .board items, which are offered to the drive -thru customer. McDonald's new freestanding menu board sign consists of four panels displaying the selection Of menu items, along with a separate customer order, display pedestal. Fast food, restaurants today are being developed to meet the changing needs of society. As a result r c s a ay's hectic lifestyles, current market demands necessitate convenient and economical t. McDonald's national average of drive -thru visits has increased over the years and approximately 50% of their daily business. For example, McDonald's reports that its i at 6150 S. Dixie Highway averages approximately 80 cars per hour at its drive -thru, . hours. Generally, a customer's continued patronage depends upon the quality of rvice provided at the drive -thru lane. Amending the Code will enable McDonald's to =petitive level of business as well as a high level of customer satisfaction. consideration of this request. If you require any further information, please call Project Coordinator cc: Rosangela DeMello — McDonald's Corporation (954) 426 -5144 FAX (954) 570 -3391 DEVELOPMENT ADMINISTRATION - REGULATORY LAND USE CONSULTANT - LICENSED REAL ESTATE BROKER CERTIFIED GENERAL CONTRACTOR CGC 044277 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14, 2001 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledbe of Allegiance to the Flag Action: The meeting was called to order at 7 :37 P.M. Action: The Pledge.of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Ms. Brenda J. Yates was sworn in as a new Planning Board member. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -012 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR' AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow- the existing permitted use to be located in several of the office and commercial Zonlna districts, and in the SR Specialty Retail "Hometown" zoning district. I I I Planning Board Meeting August 14, 2001 Speakers (Residents): David Tucker, Sr., Douglas Adams and George David. The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance. Several concerns were raised by the Board and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns: running soapy water out of the establishments and down the streets; the impact on stormwater'facilities resufting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100 - 200 ft); the operational hours and days; introduction of transient` population into the neighborhood; the noise originated by the air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The", Board questioned whether the ordinance could self- destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible amendments to the proposed ordinance (with regard to the mobile vendors), which included: hours of operation from 9:00 AM to 5:00 PM; twice a week including Saturdays; Sundays prohibited; a clause to clarify that the provisions of this ordinance would- not apple to residential areas, however, car wash operations only be for the benefit of the occupant of the property. Motion: Mr. Morton moved to defer the request in order for staff to rework on the proposed ordinance as per the discussions and suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3 (I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq. ft. to 44 sq. Ft. Staff noted that the proposed 2 Planning Board Meeting August 14, 2001 changes will have a city-,vide impact. Staff clarified that the existing 7.5 feet in height would not change. Applicant present: David J. Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers. The speakers also questioned the possibility of additional increase in the size of the sign in the future. ` The applicant explained the importance of this ordinance which will allow them to introduce an improved type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new sign will greatly improve communication in processing the drive -thru orders, reducing the need for the use of the loud speaker, and making the entire process much more effective. Motion: Mr. Mann moved for approval of the request' and Ms. Yates seconded the motion. Vote: Ayes 5 Nays 2 (Mr. Mann and Mr. Illas) PB -®1' -014 APPLICANT: 1909 Cafe, Inc. REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GR GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mr. Mann read the request into the record and staff presented the item relating to a request pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code for a Special Use approval to locate a general restaurant "1909 Cafe" in the "GR" General Retail Zoning Use District. The above- referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces and trash collection. The applicant emphasized that the restaurant strictly serves cold'sandwiches with no cooking involved, therefore the trash generated from the establishment mainly consists of disposable dinnerware. 3 Motion- Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms. Gibson seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -017 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL 'USES N THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING' FOR SEVERABILITY; PROVIDING FOR ORDINANCES N CONFLICT; AND PROVIDING AN EFFECTIVE DATE Action: Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami Land Development Code (LDC) in order to make technical corrections that would allow the continuation of existing permitted industrial uses in the "TODD- (1,14) Transit Oriented Development District (Light Industrial -4). With the adoption of an amendment to the LDC in 1997 which established a new zoning district (TODD), a number of light industrial uses were eliminated from locating in any zoning district within the City. Staff noted that the City Commission by Resolution No. 105-01 - 11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC in order to reinstate the light industrial uses as permitted uses in the TODD (LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same recommendation as proposed by staff. Speaker: David Tucker, Sr. The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below:) recommended for reinstatement, specifically those that use chemicals. Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however the schedule shows that they can not be located in any zoning district. Automobile rental agency Radio and television repair shop Automobile repair and body shop Re- upholstery and furniture repair services Automobile upholstery and top shop Taxidermist 4 Planning Board Meeting August 14, 2001 Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet cleaning service , Contractor plant and storage Lawn maintenance services Motion: Mr, Comendeiro moved approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Ilias requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the original motion to approve the staffs recommendation. Voter Ayes 4 Nays 3 (Mr. Liddy, Mr. Mann and Mr. Illas). PB41 -01S APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI`LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED "PHYSICAL BARRIERS HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Liddy read the request into the record and staff presented the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing for ornamental vegetation to extend over six (6) feet in height above grade in any required yard. The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing the hedges to grow to an unlimited height, specifically along the front line of the property. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker David Tucker, Sr. Motion: Mr. Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2) no limit on the height of the hedges for the rear and the sides of the property. Mr. Illas seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Liddy) 5 Planning Board Meeting August 14, 2001 V. Approval of Minutes Action; A. The Board duly voted on and approved the minutes of July 10, 2001. Vote: Ayes 7 Nays p VI. Discussion Items The Chairman announced that the next Planning Board meetings are scheduled for August 28 and September 11 , 2001. Staff noted that the September l 1 meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25'h is the tentative date for the joint Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission. VII, Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10 :25 PM. R L /mmm K:\PB\PB Minutes\2001 Minutes',wNt S 03- 14- 01.doc 6 �< _ _ �s ;. � :� � � � t% » \� k \�� , � � � : � + � : \�d /� . \\ . .� m .� & « ?� \� � \ \ \ \� � � \� � � � _ .: � � ¥ . - ^� �� - \d . :� . � � \. � � . \ \�� ® � © ^«� %.� ; � \ � � � ��< ��: � , / \ � � \ r� 2 < mz / \ � � \ r� 2 < ro bn CJ es C w cn Q 0. E .2 E .?: nn x ua O cn u C3 > ,a 0 > 0 -C: > X Q) > > cj p L- u v) 0 0 CL of) 14, cz Lf) —'4 U � > 0 0 > an O cz ( 0 v) U 0 V) -cl vi ai an C's WC cz p 0 p > t 0 ro cl C4 E5 E: on CL 6 C/D 14, cz Lf) —'4 U � > 0 0 > an O cz ( 0 v) U 0 V) -cl vi ai an C's WC cz p 0 p > t 0 ro cl C4 E5 E: Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor City Commission From: Charles Scurr G� City Manager Date: October 2, 2001 RE: Agenda Item # 1 Comprehensive Plan Future Land Use Map Amendment: Shoal Creek Properties Request : AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 5.9TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant is requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential apartment building with 294 dwelling units and 6,812 square feet of commercial / office space, according to the information submitted with the application. The height of the proposed structure is six stories. The apartment building is designed to cater to graduate and married students of the University of Miami and young professionals who are looking for the convenience of the Metro -Rail and have easy access to most necessities within walking distance. The subject property encompasses the entire block bounded by SW 70th Street on the south, SW 59th Ave. on the east, SW 69th Street on the north, and SW 61St Ave. on the west. The property consists of 23 vacant lots and two lots occupied by a one -story building currently used as a Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 2 of 9 dentist office. The site does not have any significant features other than the fact that a number of large mature trees are scattered through out the site. The subject property has a current Land Use designation of "Mixed Use Commercial Residential ". The applicant has applied to the City to have the site's Future Land Use Map category changed to the "Transit- Oriented Development District (TODD)" category. PREVIOUS APPLICATION In July, 2000 an application was submitted to the City requesting a Comprehensive Plan Land Use amendment to the TODD category for the same property plus 9 additional lots facing SW 59th Place. The size of the development parcel was 2.68 acres. The application, filed by JPI Apartment Development, L.P., was proposing a similar residential development of 6 stories with 306 dwelling units and 3000 square feet of retail space. At the Local Planning Agency's meeting on August 29, 2000, the applicant requested a deferral. In April 2001, a revised application was submitted for the same block excluding the lots facing SW 59th Pl. A smaller residential building containing 225 units was proposed. The revised proposal was not heard by the Planning Board due to the Tack of a quorum at the Board's scheduled May 8, 2001 meeting. The applicant on June 6, 2001 submitted a third revised application that is the subject of this report. COMPREHENSIVE PLAN AMENDMENTS: GENERAL INFORMATION All proposed development projects must be compatible with the policies contained within the Comprehensive Plan and with the land use categories listed in the Plan and as shown on the Future Land Use Map (FLUM). A property owner or developer may want to use a property for a use,, which is not permitted in or exceeds the standards specified for the land use category applicable to the site. This will require, as is the situation of the subject application, an amendment to the Future Land Use Map of the City's Comprehensive Plan. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the ',City's Local Planning Agency (Planning Board). Following adoption by the City Commission, (after second reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). This amendment qualifies as a small- scale amendment; therefore, DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood; 3) impact of the proposed use on the City',s infrastructure and; 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. '-'I —;• - e.-- Vim,, >...t« -°-7+ � ^..�e.'+— �- r^-. -- ,- ,-- .�.Zt.,- ...- .....��.. �._,_��.,v,��um.{ _ ^., y.'"''T _ ""�"�'a -m—',c '--`x- Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 3 of 9 COMPARISON OF LAND USE CATEGORIES The applicant's request to amend the Future Land Use Map is a result of limitations contained in the City's Comprehensive Plan for the existing land use category. The Mixed -Use Commercial /Residential category, in which the proposed development site is located, mandates mixed use development (office, retail, residential), whereas the proposed development is primarily a residential development with limited amount ;of retail /commercial space. The proposed development deviates from the standards set forth in the Comprehensive Plan for the Mixed -Use Commercial/Residential land use category. The proposed development is more appropriate for the TODD Land Use category and meets the standards set forth for TODD. The maximum height of six stories for the project exceeds the maximum height of four stories allowed in the Mixed -Use Commercial /Residential category but is within the TODD height limitation of maximum of eight stories. The current Mixed -Use Commercial /Residential land use designation further mandates that all developments shall be subject to a maximum residential density of 24 units per acre. The density of the proposed project is 105 dwelling units per acre will exceed the maximum permitted 'standards of the existing land use category. The TODD category on the other hand; does not impose development limitations in the form of dwelling units per acre. Therefore the higher density would be permissible if the parking requirements are met. A full description of these categories also appears on p.23 of the Comprehensive Plan (copy of the page is attached to this report). SITE ANALYIS > Surrounding Parcels HISTORY OF SITE The City's records indicate that most of the previously exiting structures on this now vacant site were built during the periods of 1920 -39 and 1950 -59. There were single- family residences facing SW 70th Street and SW 69t'. All of these buildings have been demolished. In 1980, the subject site was part of the planning area for the South Miami Station Area Profile, a part of the Dade County Station Area Design and Development Program. The report issued at Comprehensive Plan Land Development Code Actual Use Existing Land Use Existing Zoning 'District Category North Multifamily Residential RM 18 Residential Condominium Low density multi- family 117 units; 2 stories 2 story maximum permitted East TODD TODD (MU -4) US Post office 2 story maximum permitted South Mixed Use Commercial/ MO/ Medium Intensity office Hotel; Offices Residential 4 story permitted Mostly 4 stories West Mixed Use Commercial/ H/ Hospital / height compatible Hospital parking lot Residential w/ surrounding area HISTORY OF SITE The City's records indicate that most of the previously exiting structures on this now vacant site were built during the periods of 1920 -39 and 1950 -59. There were single- family residences facing SW 70th Street and SW 69t'. All of these buildings have been demolished. In 1980, the subject site was part of the planning area for the South Miami Station Area Profile, a part of the Dade County Station Area Design and Development Program. The report issued at Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 4 of 9 that time, designated the block as an opportunity area as a secondary commercial district where significant redevelopment could occur. The City's 1989 Comprehensive Plan identified the subject property in the Future Land Use Map as "Medium- Intensity Office," four -story maximum height. In "1994, the adopted "Hometown Plan Area 2" refers to the subject area in a section on the height of buildings and in a section outlining specific proposals. The first reference addresses how the City should respond to proposals which exceed four stories in height; the second addresses potential uses for the block (mixed use with residential uses facing north). Excerpts from this plan document (pp 15, 20) are attached. In 1996, the subject block was part of a larger Comprehensive Plan amendment, which changed the Future Land Use Category from Medium- Intensity Office Use to a new category, "Mixed - Use Commercial/Residential." This amendment to the Comprehensive Plan was part of the City's Evaluation and Appraisal Report, subsequently adopted by the City in 1997. The new land use category was created to implement development concepts from the Hometown Two Charrette. In 1998, upon suggestions from the Department of Community Affairs, the Land Use category was amended to include development standards of 1.6 F.A.R. for the total development including 24 dwelling units per acre. CURRENT PLANNING The City's Zoning Task Force is in the process of reviewing the entire Land Development Code. Its recommendations are expected to be completed by September 2001. A subcommittee of the Task Force has examined the TODD zoning district. The Task Force has recommended the expansion of the TODD (zoning district and land use district) to include additional blocks, including', the site subject to this application. The Task Force has also recommended allowing for building heights to transition from four to eight stories. The eight stories would be limited primarily, along the properties abutting the transit station, four stories along the outer limits of the TODD boundaries and six stories in between. A six (6) story height limit is recommended for the subject property. rid Use Map amendment is a pre- requisite for a future zoning district change application, Will specifically allow for the new development. In order to proceed with the development Dosed the applicant will also be required to submit a rezoning application in order to the current zoning district from the "MO ", Medium- Intensity Office Use District to the (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District. The ant has submitted a rezoning application that was reviewed and recommended upon by the ig Board' at its August 28, 2001 meeting. The first reading of the rezoning ordinance was the City Commission meeting on Septemberl8, 2001. PROPOSED AMENDMENT REVIEW 1. ``Compatibility of Use: The proposal to place a residential development on this site is permitted by the definition of the TODD Future Land Use Category. A residential �r Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 5 of 9 development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 2. Compatibility of DensitylHeight: The TODD land use category allows for a maximum height of eight stories (four stories granted via incentives). The proposal to build six stories, including a six story parking garage, is within the height limits of the TODD. The TODD does not specify limits on residential density, which is generally expressed in terms of units per acre. The developer has indicated that the project is contemplated to have 294 units, or 105 units per acre. 3. Impact on Public Facilities: An important element of the land use map amendment is to assess the impact of the contemplated development on the public infrastructure serving the site. The developer, as part of his submission requirements, has submitted a document entitled "Public Facilities Impact Report and Analysis of Comparable Projects" (attached) which compares the infrastructure impact of the proposed development with what could be built under the approved or existing land use and zoning use districts. For purposes of this report, presented below is a summary of the impact of the proposed development on public facility capacity. a) Park/Recreation Facilities Project 778 persons, requires additional 3.08 acres LOS: City Comprehensive Plan: 4 acres per 1000 pop. Capacity: sufficient: (Existing 57.6 acres, Required 52.2 acres before this project) b) Schools Project impact: 41 additional students Capacity: School impact mitigation plan to be proffered by applicant (see Public Schools letter dated 8/17/2000 attached) c) Solid Waste Project: 449.9 tons /annually; LOS: Determined by Miami -Dade County Capacity: Applicant seeking County determination d) Wastewater (Sewer) Project: 62,200 gallons /per day; LOS: Determined by Miami -Dade County Capacity: Applicant seeking County determination e) Potable Water Project: 62,200 gallons /per day; LOS: Determined by Miami -Dade County Capacity: Applicant seeking County determination r• - Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 6 of 9 f) Traffic /Streets Project: 1902 Average Daily Trips (Res. &office) 2084 Average Daily Trips (Res. & retail) Capacity: sufficient based upon: Florida Department of Transportation review letter attached dated 8/18/2000 Applicant's engineer's report Traffic Impact Analysis (June, 200 1) 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: HOUSING Goal 1 To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi - family projects containing affordable housing units. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail transit station by creating a district for the new growth which is contained and transit- oriented, thereby relieving the pressure for commercial re- zonings outside of this core area Goal To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. STAFF OBSERVATIONS 1. The proposed amendment is consistent with and supports the goals and policies of the City's Comprehensive Plan. 2. The property is located in the Community Redevelopment Area. The amendment request and the proposed project are consistent with the goals and objectives of the CRA Board. 3. Any future development on this site will have to have a mitigation plan for the mature trees on site. 4. The existing land use category, Mixed Use Commercial /Residential, mandates a mix of uses in order to create an active urban fabric. TODD on the other hand encourages mixed -use development but does not mandate it. In the context of a transit oriented district mixed -use Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 7 of 9 developments are generally preferable. However, a residential development with adequate service related commercial serving the residential development and the surrounding community, creating a mix of uses, is highly desirable. Such a development provides the "eyes on the street" active street life by providing activities not limited to only certain hours of the day and is transit supportive. 5. A residential development, which introduces into the neighborhood a critical mass of additional residents (primarily graduate students, married students, young professionals) will create a social and economic synergy that would be beneficial to the immediate area where the project is located and to the vitality of the community at large. The proposed development has the strong potential for acting as a catalyst for further developments in the area to improve the quality of life and to create a safer neighborhood. 6. The traffic pattern from a residential development is generally more dispersed through out the day and night and has less impact on peak traffic. Traffic analysis of the development currently permitted as- of- right, as compared with the traffic that will be generated by the proposed residential development, indicates that the proposed land use change may actually reduce the total number of vehicle trips generated by this property. 7. The proposed amendment, which would allow for the placement of a residential building at this site, would be compatible with the surrounding properties. The extension of the TODD future land use category to this site is appropriate based upon the need to encourage new development in the vicinity of the transit station. 8. Commitments have been made from the developer to provide employment opportunities for local residents, in order to contribute to the economic vitality of the important residential community adjacent to the property. 9. A traffic study analyzing the impact of the proposed development on the surrounding regional roadway network has been submitted by the applicant. The report states that the proposed development will generate less rush -hour traffic than the currently approved land use for the subject site, and will not have negative impacts on the surrounding roadway network. STAFF CONCERNS 1. The proposed height of the project must be compatible with the scale and density of the surrounding properties. Planning Department staff recommends that the height of the structures proposed for the site be limited to a maximum of 60 feet / 6 stories, in order to achieve compatibility with the surrounding neighborhood. 2. It is important that the proposed commercial square feet of street -level frontage on S.W. 59th Place be utilized to provide appropriate community oriented commercial, retail and service establishments, in order to meet the goals for vitality, walkability and urbanism contained in both the Hometown Plan and the TODD concept. Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 8 of 9 3. The mechanism used to place limitations or conditions on a development project is the submission and approval of a detailed site plan, which is part of the rezoning process. Although the applicant has submitted an illustrative site plan and renderings, the Comprehensive Plan amendment review process does not require site plan review. The applicant has agreed to submit a rezoning application containing detailed site plans and development parameters. This information will be helpful as part of the final review and approval of this Future Land Use Map Amendment. The approval of the Plan amendment and the rezoning application should occur simultaneously at the City Commission level. LOCAL PLANNING AGENCY (PLANNING BOARD) RECOMMENDATION The City's Planning Board, acting in its capacity as the Local Planning Agency, conducted a public hearing on the amendment application at its July 10, 2001 meeting. The LPA adopted a motion recommending approval of the proposed amendment with the following condition: "Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: a) Maximum number of dwelling units 300 b.) Maximum height of structures on the site —6 stories (60 feet); c) Maximum floor- area -ratio —2.25; d) Minimum of 10, 000 sq. ft of retail / commercial space to be located along the ground floor of the S. W. 59`h Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading final adoption) of this Comprehensive Plan Land Use Amendment. The approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. " The motion to approve the application with a condition was made by Mr. Comendeiro and seconded by Ms Gibson. The motion was adopted by a vote of 5 aye 0 nays. CITY COMMSSION ACTION The City Commission at its July 24, 2001 meeting approved on first reading, the ordinance amending the Comprehensive Plan as requested. At that time the Commission also specified that the second reading and adoption of the Comprehensive Plan Future Land Use Map amendment would be scheduled at the same meeting as the rezoning application is considered. RECOMMENDATION It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment be approved on second reading, subject to the subsequent adoption of the related rezoning application and the conditions specified therein. This ordinance would be effective on the date when the Florida Department of Community Affairs issues a finding of compliance with applicable Florida State Statues. Future Land Use Map Amendment Shoal Creek Properties October 2, 2001 Page 9 of 9 Attachments: Proposed ordinance Application Letter of Intent Location map Letter from Miami Dade Public Schools dated August 17, 2000 Letter from Florida Dept. of Transportation dated August 18, 2000 Comprehensive Plan excerpt (p. 23) Excerpt from Hometown Plan Area 2 (Nov 1994) pp 15, 20 Excerpt from Station Area Profile (Fall 1980) Citizen Comment letter (6- 29 -01) (14 pp) Citizen comment letters (2) Planning Board, Minutes 7 -10 -01 Public notices Public Facilities Impact Report CS /RGL SAY D: \Comm Items\2001 \10 -2 -01 \Comp Plan Amend. Shoal Creek report.doe �»i 1 3 4 5 6 7 8 9 10 11 12 13 ,14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. LPA -01 -001 was submitted to the Planning and Zoning Department by Shoal Creek Properties L.L.C. said application requesting to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed - Use Commercial Residential category to the TODD, Transit Oriented Development District category on property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site is bounded on the south by S.W.70t" Street, on the east by S.W. 59t" Place, on the north by S.W. 69t" Street, and on the west by S.W.61st Avenue. and WHEREAS, on , July 10, 2001, after Public Hearing regarding the proposed amendment, the Local Planning Agency recommended approval of the application subject to certain conditions, by a vote of 5-0; and WHEREAS, the City Commission desires to accept the recommendation of the Local Planning Agency 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 the Future Land Use Map of the South Miami Comprehensive Plan is hereby amended by changing the future land use category from the Mixed -Use Commercial Residential category to the TODD, Transit Oriented Development District category on property being legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site bounded on the south by S.W.701h Street, on the east by S.W 59th Place, on the north by S.W. 69th Street, and on the west by S.W.61st Avenue. Section 2 . That the development regulations applicable to the subject property shall be as specified in the Land Development Code and as set forth in the zoning use district amendment ordinance which will be required to be adopted in order implement the proposed development of the site. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2 (2) 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 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section S This ordinance shall be effective on the date when a finding of compliance with applicable Florida State Statues is issued for the proposed Comprehensive Plan amendment by the Florida Department of Community Affairs. PASSED AND ADOPTED this ATTEST: CITY CLERK I" Reading — 2"d Reading READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 92001 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: AMIN ft City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 - 459.1' Application For Comprehensive Plan Amendment and Public Hearing Before Local Planning Agency (LPA);& City Commission Address of Subject Property: SW 70 St, & 59th Place LLoBt(s)1-25 Block 15 Subdivision _Larkin Twn . Meets 8� Bounds: 2 1Q5 Se "All Size of Property 2.8 Acres Applicant: Phone: Shoal Creek Properties-, LLC . 3 - Representative: Joseph G. Goldstein, Es Organization: Esq. Akerman, Senterfitt &Edison, PA One SE Third Street, 28th Floor Address: Miami, F. 33133 Phone: (3 ) 75 -5855 Property Owner: n n Signature: See Attached Exhibit B Mailing Address: & Consent Letters Phone. Architect/Engineer: Phone: Mouriz, ' Salazar. & Assoc., Inc. (305) 273 -9911 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS _Owner _Owner's Representative Contract to purchase _Opti APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM Comprehensive Plan Amendment Text: Future Land Use Map Amendment: Future Land Use Map Amendment Note :See DCA Form RPM -BSP (Small -Scale Map Amendment) Small- Scale I (Attached) Briefly explain application, cite specific Plan sections to be amended; or indicate FLUM category change: Amendment to the Comprensive Plan to include the Subject Property in the TODD (4 + 4) Land Use District. Thi un er i9-ne ac ra� PROJECT: on to purchase Tenant/Lessee SUBMITTED MATERIALS PLEASE CHE�X' ?_4 THAT APPLY: _XLetter of irlten: ' . . _XJustifications fo'r change' _X Public Facilities l npactliepor, XProof of o4ihership or letter,from owrer _ Power of attorney _Contract to ourchase Current survey (" original sealed and signed /1 reduced copy C 11" x 17 ") _X 15 copies of Sia: Plan 1 reduced copy 0 11" :: 1 7" — 20% Property owner signatures _ Mailing labels (3 sets) and map Required Fee(s) - , r,1,.a«VIL attu tcpresents tnat the Information and all submitted materials are true and ?'Slppnature best of the ants ovule ge and belief. and . le � �Datpplicati s and all, submitted materials will be reviewed for compliance with the Ci ty's Land Development Code, Florida Statutes and Florida .Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of LPA Hearin l Petition Required 9 Date of Commission q T_ Petition Accepted Method of Payment 8/2/00 PROPERTY OWNER'S SWORN TO CONSENT I, Eliana Gonzalez, as President of Dental Professional Group, Inc., which is the Owner of the property legally described in the attached Exhibit "A," and which is the subject of the proposed Comprehensive Plan Amendment, do hereby grant consent to Shoal Creek Properties, L.L.C., to file this application for a public hearing. Dated at Miami -Dade County, Florida, this Zr day of wry , 200E DENTAL` PROFS ROUP, INC., By: Print Name: e Address: C 9astl r w C et ry PL S. rVI.rl.rt� )=L ;? I Y3 eon T Signature PrintName: SosT N CAw►At lid Signature Print Name: as st as A l i I MIAMUJAMMS /1206317 /p %sWI!.DM5 /17/01 EXHIBIT A - THE LAND' Lots 1 & 2, Block 15, TOWNSITE OF LARKINS, Plat Book 2, at Page 105, City of South Miami, Miami -Dade County, Florida. iMI574838:31EXHIBIT B- SURVEYOR'S CERTIFICATE Page 1 i i PROM ELIAS PHONE NO. 305 661 5791 Jun. 08 2001'02:27PM P1 VJ/ 1J1 �4U_ 11i JL ulJy WW J W' &W WIT 11Mt%1NA_- PROPERTY OWrtEWS SWORN TOCO SENX' We, George Elias, Jr., Richard A. Elias and 0. NL Elias, as O%ten of thr- pmem Icy described in the attached Exhibit "A," and which 3s the subject of the proposed CouVebencive Plan - Amendment. do hereby grant consent to Shoal Creek Properties, L.L.C., to f fr a this application for a public hearing, Dated at Miami -Dade County, Florida, this ,day of 2001. t8 SESc ` GEORGE El! W,. JR_ _ Print Name. i`'i L a y .S Prime Name-_,_"0= S.ES3 �.� , (,{iJ/ RrCUARU A ELIAS 1 0. M. ELIAS Print Naimv: cis ?r Print Natnt;_.� G,,,l.. -. f'�AlAY7M'f6sf.'i10�Ut71p4'm ct!�OC��ItSpf J.W. Harris & Company 2665 South Bayshore Drive • Suite 702 • Coconut Grove, FL 33133 Licensed Real Estate Broker Telephone: 305.859.8420 • Facsimile: 305.859.8410 Licensed Mortgage Broker June 8, 2001 Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 Re: Shoal Creek Properties, LLC - Comprehensive Land Amendment Dear Mr. Lorber: Pursuant to our conversation we have included the consent letters from the Elias property owners and the Dental Group for the remaining parcels, a revised form of Application For Comprehensive Plan Amendment and Public Hearing Before Local Planning Agency (LPA) & City Commission, a letter from Mr. Harris describing the boundary modification and a letter from Mr. Gwynn Babe Elias agreeing to provide either a site plan or enter into a covenant prior to final adoption of the land use change. Furthermore, as we discussed, if the necessary information or documents are not provided to the a•.s+ w City by the other property owners our application will continue to move forward bout any delays and if necessary remove those properties from the boundaries so our arnP;l-de"d property :s approved for final adoption in a timely manner I appreciate all your cooperation and your assistance in this process. Sincerely, J. W. HARRIS & COMPANY Michael J. Getz Development Director cc: James Harris Joe Goldstein, Esq. File SHOAL CREEK PROPERTIES, LLC James W. Harris 2665 South Bayshore Drive • Suite 702 • Coconut Grove, FL 33133 Managing Member Telephone: 305.. 859.8420 • Facsimile: 305.859.8410 June 8, 2001 Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 Re: Shoal Creek Properties, LLC Comprehensive Land Amendment Dear Mr. Lorber: As requested we are modifying the boundaries of the application to include all the property within Block 15 lots 1 thru 25, of the Larkin Township Subdivision PB 2 -105 covering approximately 2.8 acres. However, we are amending these boundaries to include additional properties but reserve our right to reduce the size of the property in the future in the event that the owners of the other properties being added to the application fail to provide documentation or information that the City or we deem necessary in order to secure the approval of this application on the amended property in a timely manner. incerel ; SHOA CRE ERTIES, LLC J es W. Harris anaging Member cc: Joe Goldstein, Esq. Michael-J. Getz File i I m AKERMAN SENTERFITT ATTORNEYS AT LAW SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE, 28TH FLOOR MIAMI, FLORIDA 33131-1714 PHONE (305) 374 - 5600 • FAX (305) 374 - 5095 http://www.akerman.com Joseph G. Goldstein (305) 755 -5855 www.j.aoldstein @akerman.com June 21, 2001 VIA HAND DELIVERY Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Shoal Creek Properties, L.L.C. ( "Shoal Creek ") / Third Amended Letter of Intent and Filing of Modification to Application for a Comprehensive Plan Amendment Dear Mr. Lorber This constitutes the second amended letter of intent to the pending application originally filed by JPI Apartment Development, L.P. ( "JPI ") for an amendment of the City of South Miami (the "City ") Comprehensive Plan. As you may be aware, JPI filed an application during July of 2000 to amend the City's Comprehensive Plan / Future Land Use Map as it affected an approximately 2.68 acre parcel of vacant and unimproved property located at S.W. 59"' Place and S.W. 70 "' Street in the City (the "Original Application Property "). That request was scheduled for consideration by the City's Planning Board, but was deferred in order to allow the Application to be amended, with the understanding that the configuration of the Original Application Property may change in light of concerns expressed by certain owners of that land. JPI was, at the time, the contract purchaser who had assembled the Original Application Property through a series of purchase and sale agreements (the "Original Agreements "). In one form or another, those Original' Agreements were terminated or assigned, and/or new agreements have been reached with a new entity, Shoal Creek Properties, L.L.C. for the acquisition of 1.98± acres of land (the "Revised Property "), which included the majority of the Original Application Property. As part of our first amended application, we had included a portion of right of way that was adjacent to Larkin Hospital. We had filed an application to close a portion of S.W. 61' Avenue and had intended to make that closed road part of our application area. A second amendment removed that portion of the a pp lication property y and formally withdrew our application to close that street. {M[629588;2} AKERMAN, SENTERFITT & EIDSONI P.A. FORT LAUDERDALE JACKSONVILLE • ORLANDO TALLAHASSEE TAMPA WEST PALM BEACH Mr. Richard Lorber 6/21/01 Page 2 This amendment adds a land that was included in the Original Application Property and another small parcel that is currently located on the corner of S.W. 59`h Avenue and S.W. 69`' Street. Shoal Creek has entered into contracts to purchase the Revised Property described in the attached Exhibit "A" (the "Final Revised Property ") and seeks to amend the Application in the following manner: (1) modify the area subject to the Application to be the Final Revised Property of approximately 2.8 ± acres; and (2) provide new plans, data, forms and supporting documentation to address the revised plans of Shoal Creek. The Final Revised Property is generally zoned as a Medium - Intensity Office District (MO) in the City's Official Zoning Map and is generally designated as a Mixed Use Commercial Residential district (which maintains a fifty foot height restriction) in the Comprehensive Plan / Future Land Use Map. It remains Shoal Creek's intent to amend the Comprehensive Plan / Future Land Use Map to include the Final Revised Property within the boundaries of the Transit Oriented Development District. The Property is situated directly across the street from the South Miami MetroRail facility and parking garage, and is surrounded by the following: a United States Post Office and the MetroRail facility to the east and southeast, respectively; Larkin General Hospital and a parking lot to the west; a condominium development to the north; and the garage of the 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami campus. Shoal Creek believes that this location is perfectly situated for a student residential facility, and is proposing the construction of a six- story rental apartment building of 300± units, to be designed and marketed to meet the housing needs of the area, particularly young professionals who work downtown and need easy access to the MetroRail and to University of Miami undergraduate and graduate students. The local geography uniquely qualifies the Revised Property for inclusion in the City's Transit Oriented Development District (TODD). The TODD was created by the City Commission to- surround the mass transit facility and to encourage high density uses which will promote the efficiency of the land use. The purpose of the TODD is to maximize the presence of the rapid transit center within walking distance of the district boundaries. As mentioned, the Revised Property is directly across the street from the South Miami MetroRail facility. Moreover,' parcels east of, and one block south of the Property that abut the MetroRail facility are designated as TODD's on the City's Future Land Use Map. As you may be aware, it is Shoal Creek's understanding that the TODD designation had been considered for the Final Revised Property in early transit committee meetings. In addition, the facility proposed for the Final Revised' Property is consistent with the type of development intended for this land use designation. The maximum utilization of the TODD encourages high density residential uses in multi - story projects that are characteristic of (MI629588;2} Mr. Richard Lorber 6/21/01 Page 3 transit- oriented developments. It is expected that residents of this facility will more regularly utilize the rapid transit system for going to work downtown or for attending classes and extracurricular activities at the University of Miami, who will also be more likely to walk and ride bicycles rather than consistently using vehicular transportation. Furthermore, redevelopment with high density uses is actually encouraged in the TODD through flexible zoning regulations. Bonus allocations are provided in the City's zoning code which are intended to accomplish the ` aforementioned goals of higher density residential development which reduces vehicular traffic, while at the same time, encouraging a high quality pedestrian environment. In short, the proposed apartment building ' is precisely the type of transit- oriented development contemplated by the TODD. As further justification for this application, an analysis of the impacts of the proposed student housing facility was prepared by the Curtis & Kimball Company and provided under separate cover for your review. In addition, preliminary site drawings and elevations are being provided so that City staff will have the opportunity to visualize what is being proposed. We do note, however, that the enclosed plans are conceptual and that they are being provided merely to represent the intent of the applicant as to height, 'bulk and general design for the project. Detailed site plans will be provided as part of the zoning application, should the City approve this revised application for an amendment to the Comprehensive Plan. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for an 'amendment to the City's Compr ensive Plan / Future Land Use Map to include the Revised Property in the Transit- Oriented evelopment District. Sincerely Jose G. ste' attachments cc: Mr. Michael Getz Mr. J.W. Harris Mr. Tony White Stephen M. James, Esq. MIAMI /W ESS /1155116/ r @k01!.DOC /6/21/01. {M16295881-2} � 3 � cs, H S --i A--T--7--1 r- 7 f I T N 100 0 100 200 300 400 500 600 700 800 900 1000 Feet w E s M 1 lam! �.' , A 1 DADS _�CJ:UNTY -- P.U.BC�'67SCHO . -_ __, _ .ors GOVERNMENTAL AFFAIRS AND LAND USE POLICYANDACQUISITION • 1450 N. €. 2nd Avenue, Room 525 • MIAMI, FLORIDA ;Zn33132 (305) 995 -7280 Roger C. Cuevas Miami -Dade County School Board Superintendent of Schools August 17, 2000 Ms. Perla Tabares Hantman Vice Chair Dr. N chael M. Kro e. • Chair Mr. G.'Hot Bra dock Mr. Joseph G. Goldstein Dr. Robert B. Ingram Greenberg, Traurig, P.A. Ms. Betsy H. Kaplan Mrs. Manty Sabates Morse 1221 Brickell Avenue Mr. Demetrio Perez, Jr., M. S. Miami, FL 33131 Dr. Marta Perez Dr. Solomon C. Stinson Re: Pending South Miami Comprehensive Plan Amendment /Transit Oriented Development District ( "TODD ") Northwest Corner of S.W. 59" Place and S.W. 70" Street Dear Mr. Goldstein: Attached please find Miami -Dade County Public Schools' (MDCPS) preliminary review of impact for the above referenced application. Based on the information recently pr4vided to iv1DCPS, the proposed application of 242 additional units would generate a school impact of 41 students; 22 elementary school students, 10 middle school students and 9 senior high school students. The proposed application currently creates concerns. The District would be glad to further discuss this matter with you. However, please note that should you desire to propose a mitigation plan, it must be forwarded through the District's Management Team process. Please be aware that all mitigation proposals also require School Board approval. If you have any questions, or wish to be scheduled before the Management Team, please call me at 305- 995 - 4603. Sincerely, Sally Osb*ome Supervisor SO:aj L467 Attachments TIPP .a►`, YET) cc: Mr. Delio G. Diaz fAk1G 2' 1 20 0 Mr. Alex David /Mr. Subrata Basa Florida Department of Transportation 7EB BUSH OFFICE OF PLA,XNM'G DWMCT SR GOVEILVOR G03 SOUTH MIAX AVENUE,1,M0II, FLORMA 33130 THOMAS F. B.AlRy P110INE: 00s) M-010 (SC) JR. FAX 1305) 377 -56b4 CSQ 4n -SW August 18, 2000 Post-It"" brand fax transmittal memo 1671 4 of To W9ea r . L Mr. 7oseph Goldstein, Esquire ca. Co Greenberg Traurio, P.A. ( ash e. S`�zz Dept. Phone # 1221 Bricked Avenue Miami, Florida 33131 F Fax Dear Mr. Goldstein: ...._ _........_. ....� _ ,:i .;..,,. � �•�.�,"�. ' -. SUBJECT: City of South Miami: Proposed Comprehensive Plan Amendment - Thank you for the opportunity to review your letter, dated July 27, 2000, and the attachments, which outline the proposed amendment to expand the transit oriented development district. I have reviewed the information, and it does not appear that the Department would have any issues with the proposed amendment, Based on this information, it is unlikely that the Department would have any objections, recommendations, or comments on the amendment when it is transmitted to the Department of Community Affairs for review, provided there are no significant charges. Please do not hesitate to contact me if you have any questions. Sincerely, Phil Steinmiller, MCRP Systems Planning Administrator cc: j Gary Donn, District Director of Planning and Public Transportation J Subrata Basu, Assistant City Manager and Planning Director IW_ WX AUG 21 2Wo �' ' �� . tip: yr r s: � �• www.dot.state.fl.us 9 RECYCLED paeR Commereial Retail a-` if6ce (Two - Story) ., The commercial retail ulid office land use category is intended to rovide for retail and retail services office use and office services that are characteristic of commercial development. Ado ted zoning regulations shall reinforce the "no yviden nss" aolicv as set forth in the Traffic Circulation Fleae t L encouraging the containment of development along existing State and County hiah- design roar; faculties. (97 -lER) u"av itilixed -Use Commercial /Residential (Four- Stow). The mixed -use commercial/residential land use category is intended to larovide for different levels of retatl uses. office uses. retail and office services. and residential dwelling units with an em hasis on mixed -use development that is characteristic of traditional downtowns_ Permitted heights and intensities shall be set forth in the Land Development Code. Regulations regarding the permitted height density and intensity in zoning districts for areas designated as mixed -use commercial/residential shall rovide incentives for transit- oriented development and mixed -use development. Zoning regulations shall reinforce "no wldenings policy set forth in the Traffic Circulation Element by encouraging use of Nletrorail system. (97 -1ER) Pursuant to the recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.)" in the Comprehensive Plan (as opposed to the provisions in the Land Development Code) the City adopts a F.A.R.- of 1.6 for this land use category' which is the existing F.A.R. in the Land Development Code for the corresponding zoning district. In addition. the Cite adopts a maximum residential density of 24 units per acre In order to ensure a mix of uses. the City requires that a minimum of two of the above uses must be developed within this cateaory For residential projects at a minimum at least one floor must allow retail. For retail proiects. at a mi:mimum . -at least one floor must contain residential or office. For office projects. at a minimum. at least one floor must contain residential or retail (9S- 1_ ER) Transit- Oriented Development District ITODDI (Flexible Heizht up to 8 stories) The Transit- Oriented Development District is intended to provide for the development of office uses MM40- office services. office - related retail, retail. retail services, and residential uses in multi - story' and mixed- use projects that are characteristic, -of transit - oriented develovments. Permitted heights and intensities shall be set forth in the Land Development Code. including design standards Zoning regulations shall encourage development within the TODD in conjunction with limiting new development within the Special Flood Hazard Area. The City shall pursue an incentives program for redevelopment including flexible building heights and design standards to insure that responsible effective and aestheticaliv- pleasing proiects result. (9'6 -IER) Public szr a^,`a-CSemi P rig Institutional Uses (Four - Story) The public and semi publie institutional land use category is intended to provide for up blic schools, municipal facilities, utilities, an4 churches, temples. svnaaogues and similar uses. areas designated public and -semi e institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional semi publia uses on sites not so designated by this plan. Sehoor; -a ' _ 1• d "t' t1, e Th-4- ?�'- OF��dueation er- some -sub5tantfal- peiqieti theFeet ` Buiidifig heights shall n.y ccz:acr�urccri-crrrvcry ad i the n di e d t et but r °l�n— ' � z c r the c� crrr � cm-rr^zvi rczz `- a-rJr-cc'c'S—vac-sri-'rrc"'� building ex�eeed four- stori (97-1 ER) Educational Uses (as asub- category of the public institutional uses land use desio ation) The "educational uses" land use sub- category is intended to Provide for public schools uses. Areas designated as educational should not be used for other without an amendment to this plan. Zoning regulations could permit public educational uses on sites not so designated by this plan Public schools are hereby defined as public institutions of general education offering kindergarten through 12`� grade education or some substantial portion thereof. and are owned and operated by the Dade County Element 1 Osd.No. 12 -98 -1660. 8/4/98: DCANo.98-Ri Pare tiumber 23 . r TBE HuWTo WhT PLAN11 AREA 2 Detailing Additional Neighborhoods in SO= MIAMI, FLORIDA �- f: Dover, Kohl & Partners, Urban Design with Judson & Partners Holland & Knight Peter M.- Fernandez, PE 1 t November. 11, 1994 The streets should be thought of as three - dimensional P ublic spaces. The buildings which front the streets form the walls of an agreeable spatial "room." If 11 the buildings are too low, the space dissolves (along with 'the shade and econotnic productivity of the land). One -story buildings are inappropriate, for example, for streets as wide or important as Sunset Drive, SW 59th Place, and SW 62nd Avenue; buildin s on these streets should be a minimum two stories in height. Building Ileight Presently a four -story height limit applies to most Sunset properties, although tliere are taller existing buildings in the Sunset corporate corridor «-hick were built before that limit took effect. Strong ,feelings were expressed by some charrette participants both for and against this regulation. By increasing the permitted height to six or eight stories in certain circumstances with special conditions, the development attraction and the tax base could be enhanced. Such a chance i4-ould require an amendment to the City's Comprehensive Plan. This change, ifPurstied should be limited to properties fronting Sunset Drive or Sl:Y 62nd Avenue south of SW 70th ,Street and north of Dixie Highti Ln.. Two concerns arise from taller buildings. but both are addressable: First. there is concern about maintaining a human scale. Four story buildings along the street create an agreeable street space and do not overw=he_lrn pedestrians or neighbors. If taller buildings are permitted, then they should be designed with. a sizable "step- back" terrace at the fourth floor terrace level, should include a cornice or "expression line" between the first and second floor, and should provide an arcade over the sidewalk. The City should allotiti• exceptions to its four - story ` height custnj?r oidl- for buildings that are eeemplary in all other respects. Second, there is concern that oversize developments, especially office buildings, will generate undesirable traffic impacts The issue is that large numbers of workers will travel to single -use buildings at peal: hours, congesting the road network. if taller buildings are permitted they could be required to include a balanced mix of uses (with, for example, storefronts on the ground level, offices on middle floors, and residences on upper floors). If taller office buildings are permitted, they could be approved conditionally (upon, for example, the creation of complimentary affordable housing within walking distance.) The Citvshould allotiv exceptions to its four- story height custom only for developments that are "self - solving" with regard to negative impacts on the surrounding neighborhood r ... proper community pre " ...e, and visual blight will be replac . n a setting that inspires civic pride. SW 70th Street and SW 71st Street: • Continuing the pioneering effort of the Hotel Vila, infill the oversize parking dots and vacant lots with new traditionally- scaled buildings. With the traffic rerouting for north bound US l motorists, properties fronting 70th Street will grin u - IM a u .. • _ - -' • The blocks north of SW 70th Street between S1k'62nd'Avenue and Std' 59th Place should have mixed- use - buildings -on their south half and residential buildings (i.e. rowhouses) on their nosh half, to best face the Lee Park Cooperative townhouse complex. B:.n fts: Economic development plus improved character and vitality. Metrorail Station:_ ' .add a "diner building onto the existing parking garage along 70th Street and 59th Place. • Permit cart vendors or kiosks at tlic transit entry plaza. • Re- orient the crosswalk at US 1 for the shortest distance. • Improve lighting within the uaragc. Benefits: The street will become a safer place with retailers and office - workers providing "eyes on the street." Both the streetscape and small park will be more attractive if faced by occupied buildings rather than garage walls. Metrorail and local businesses will benefit from new customers. South Miami Post Office: • Remove the chain link fence and barbed Nvire; these send a potent negative message about the neighborhood. • Plant trees along the sidewalks on the east and south of the site. 20 Llrl3K= -A R. 0 ELL , 0, is 1 mQMjq7j-'- - F]FF 7-1-111 --w-1 7-[1- i 7! T7 Inz;l . � �2ci i , r--- D Cam. O D I, Y 0 0 ❑ - s CO ER 15TR fl ID � �►` r L �a � ".�►,• I I TA i v/ — I � �� i i HO{.SUM BAKE Y_ D� I o ❑ `\ '0 SUNSET DR. (S-W. 72 ST) •" �'',i Q Li I IS CI C3 i_ e Eli i = O� 'o� orb ` r i� G - i T AN I C o� CD 117 L OPPORTUNITIES In addition to the vacant tracts within the station area where new development may most obviously occur, there are at least five distinct areas of the South Miami Station area where the station could spursignificant new development. The first tract (1) is that of the Holsum Bakery, for if the bakery relocates, it would leave a Large, centrally located tract of almost-12 acres for redevelop- ment. The second area (2) is the area between S.W. 73rd and 74th Streets and S.W. 57th and 58th Avenues on the fringe of the downtown. Here, vacant tracts and large areas of at -grade parking indi cote the availability of the land, and their location appears appropriate to attract investment. The third area (3) is the block im- mediately south of the station site across U.S. 1, where significant private property assemblage has o!ready occurred. The fourth area (4) is immediately west of the station site, in the blocks between Sunset Drive, SM. 69th Street, S.W. 59th Place and SM. 62nd Avenue. Although some significant structures exist here, vacant land and many low intensity uses could lead to significant redevelopment of these blocks. Finally, Me inauslnaiarea norTn of e station site, despite its diversified own - ership pattern,' will likely see some changes in Usage. If these changes are significant, they could, in turn, lead to the redevelopment of tiie tract north of the industrial area on Red Road; currently a game emporium. This pi game land has a history of changing uses. l � � r�� Jay F. Beckman JUL 3 2001 6520 SW 65 Street' South Miami, FL 33143 Planin ng 'Department June 29, 2001 South Miami Planning Board Richard Lorber City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Planning Board, This letter concerns the requested change in the future land use category of the vacant site, located at the northeast corner of SW 70 St. and SW 61 Avenue, from the Mixed -Use Commercial Residential (four -story height) to the TODD District category (flexible height up to eight stories). Summary The proposed future land use /zoning change, with the current conditions of six- stories, is opposed for the following reasons: • Expansion of the TODD 4 +4 land use /zoning designation is not consistent with the Hometown Plan. • The proposed Land Use /zoning designation of TODD 4 +4, even with the current conditions of six- stories, is not compatible with the scale (height) of adjacent properties. • The proposed increase in residential density increases the deficiency of city recreation facilities. • The impact on the local schools resulting from the proposed increase in residential density has not been adequately addressed. • Expansion of the TODD 4 +4 land use /zoning designation may ultimately lead to over- development with respect to the traffic impact, which would adversely affect residential neighborhoods. • The proposed land use /zoning change is not compatible with many of the goals and objectives of the Comprehensive Plan. 2 Compatible With Hometown Plan_ In 1993 the City of South Miami created it's "Hometown Plan ". One of its major thrusts was to limit buildings to four - stories, with certain arguable exceptions, in order to maintain a small town atmosphere. The possible exception area was limited to properties fronting Sunset Drive or SW 62 Avenue south of SW 70 Street and north of Dixie Highway; and if six or eight -story buildings were permitted, they should be designed with a sizable "step- back terrace at the fourth floor level to maintain an agreeable street space and to not overwhelm pedestrians or neighbors. The purpose given for creating the exception area was: "By increasing the permitted height to six or eight stories in certain circumstances with special conditions, the development attraction and the tax base could be enhanced." In 1997 the Transit - Oriented Development District (TODD) was established without the ability to require special conditions as needed. The proposed land use /zoning.change to expand the TODD 4 +4 district, and the existing TODD 4 +4 district, is not compatible with the "Hometown Plan" because (1) the reasons given in the "Hometown Plan" Area 2 for allowing six or eight- story buildings, in a confined area, do not exist anymore, (2) given the confined area and existing buildings of four - stories or less, taller buildings cannot be reasonably fitted into the area, (3) buildings taller than 4- stories are not consistent with the building design principles given in the "Hometown Plan" area 2. 1. The reasons given in the "Hometown Plan" Area 2 for possibly allowing six or eight -story buildings, in a confined area, do not exist anymore. One reason was to enhance the development attraction. Renovation and new construction of buildings of four- stories or less has greatly improved this area, and special incentives to attract further development are not needed. The second reason given for allowing taller buildings was to enhance the tax base. Increasing the building height by a few stories, for a few buildings, cannot increase the tax base enough to have any appreciable effect on property tax rates. Theoretically, if a larger area near the metorail were redeveloped with taller buildings, the tax base could be significantly enhanced. However, this over - development would adversely impact the aesthetics of the area, public facilities, and the quality of life in the nearby single - family neighborhoods. This would be a bad trade -off. Hence, the major concern should be that all buildings are of high quality, are physically compatible with adjacent and nearby buildings, and beautify the community. In the case of the subject property, this is best achieved by a four -story limit. 2. Given the confined area, existing buildings of four-stories or less, and need to step down building heights gradually to be compatible with the low -rise residential area to the north; buildings taller than four- stories simply are not physically compatible with the area. The distance between Sunset Drive and the existing low-rise residential properties along 69 Street is only three blocks, and the area already is largely built out mostly with buildings 4- stories or less. Most of these buildings are relatively new, currently being constructed, or recently renovated. R� It has been pointed out by City Staff that a subcommittee of the City's Zoning Task Force has had preliminary discussions on expanding the TODD Zoning district to include additional blocks including the property concerned in this application. It should be recognized that many citizens, including the South Miami Homeowners Association (SMHA), are opposed to this proposed zoning change because the possible harmful effects caused by TODD zoning is greater than any possible beneficial effects. The SMHA is working to get an initiative on the February 2002 Ballot to limit building heights throughout the Hometown District to a maximum of 4- stories. 3. Buildings taller than four- stories are not consistent with the three design principles for buildings given in the "Hometown Plan" Area 2. The first is included with "Neighborhood Design Principles ", page 10, and states: "Compatible building types should face one another across the street. Buildings should be placed along their streets consistently to create harmony." The second is included with "Architectural Design Principles ", page 11, and states: "The position and proportion of the building in relation to the public space is far more important than the uses inside it or the style of its architecture." The third included with "Building Height," page 15, and states: "First, there is concern about maintaining a human scale. Four story buildings along the street create an agreeable street space and do not overwhelm pedestrians or neighbors. The best consistency with these design principles is achieved by maintaining a four -story limit. In case of the subject property, the proposed six -story building would over -whelm the narrow, two -lane streets on all four sides; and the two -story zoned properties on two sides. Compatible With Adjacent Properties In the City of 'South` Miami Comprehensive Plan, Future Land Use Element, Goals, ,Objectives and Polices; Policy 1.1.2 states, "in reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant." In order to assess the physical (building heights) compatibility of the proposed development with adjacent properties, standards must be established. These standards are given in the Comprehensive Plan and the Hometown Plan. Goal 1 of the Future Land Use Element of the Comprehensive Plan is, "To preserve and enhance the City's small town character, especially the quality of life in the existing single - family residential neighborhoods. Buildings taller than four - stories generally are not consistent with a small town character, and the two reasons given in the "Hometown Plan" Area 2 for possibly allowing taller buildings in a confined area, no longer exist (see the previous section of this letter). Building design principles are given in the "Hometown Plan" Area 2. The first is included with "Neighborhood Design Principles ", page 10, and states: "Compatible building types should face one another across the street. Buildings should be placed along their streets consistently to create harmony. The second is included with "Architectural Design Principles ", page 11, and states: "The position and proportion of the building in relation to the public space is far more important than the uses inside it or the style of its architecture." Hence, the Hometown Plan places the major emphasis on creating a physical harmony with the street space and surrounding buildings, rather then on creating the largest building space that can befit into an area. Similar guidelines are given in the Modern Architectural classic, "A Pattern Language," whose principles have been used extensively in the planning of small cities and towns. In Pattern 21 it is stated, "In any urban area, no matter how dense, keep the majority of buildings four stories high or less. It is possible that certain buildings should exceed this limit, but they should never be buildings for human habitation." In Pattern 96 it is stated, "Do not let the height of your buildings vary too much from the predominant height of surrounding buildings. A rule of thumb: do not let your buildings deviate more than one story from surrounding buildings. On the whole, adjacent buildings should be roughly the same height. It has been pointed out by City Staff that a subcommittee of the City's Zoning Task Force is considering to expand the TODD and allow adjacent building heights to transition as much as four- stories, such as from eight to four - stories. Such a proposal is arbitrary and inconsistent with both the Comprehensive Plan and the Hometown Plan. For the subject property, the proposed six -story building is not compatible' with adjacent properties because (1) it is not compatible with existing adjacent buildings and (2) it is not compatible with existing adjacent zoning districts: 1. An increased building height to six- stories is not compatible with the existing, adjacent properties. To the east is a one -story Post Office. To the west is a parking lot, there a two story building. To the north is a two story condominium complex. To the south is a four -story hotel, a one story building at the comer of SW 70 Street and SW 59 Place, and a one -story building at the corner of SW 70 Street and SW 61 Avenue. Hence, the subject property is bordered mostly by one and two -story buildings on three sides and four -story buildings on one side. A three -story limit is compatible with existing, adjacent properties. 2. An increased building height to six - stories is not compatible with the existing, adjacent zoning districts, as shown on the City of South Miami Official Zoning Map. The subject property is presently zoned Medium'- Intensity Office (four -story maximum). The property to the east is zoned TODD Mixed Use 4 (two -story maximum). To the west is zoned Hospital (four -story maximum). To the north is zoned Low Density Multi- family Residential (two-story maximum). To the south is zoned Medium- Intensity Office (four -story maximum). Hence, the subject; property is bordered on two sides by zoning districts with a maximum height of four- stories, and on two sides by districts with a maximum height of two- stories. A four -story limit is compatible with existing, adjacent zoning districts. Impact on Public Facilities The impact of the proposed development on public facilities are discussed below. However, if the possibility of the City's Zoning Task Force recommending expansion of the TODD 4 +4 district is used to justify this application; the impact on Public Facilities from the entire rezoning area needs to be accessed, rather than just the site subject to this application: Park/Recreation Facilities: A review of the Recreation and Open Space Element of the South Miami Comprehensive Plan was done. A copy of this review is attached. The findings are that current park acreage and some facilities are likely deficient. Hence, land use /zoning changes that result in increased residential density may not be appropriate. Schools: : The proposed land use /zoning change will increase the impact on local schools. The impact needs to be assessed for the scenario that the residents of the building are working families rather than students, because that could be the case someday. This should be done before decisions about land use /zoning changes are made. It is unacceptable that our local schools become even more over- crowded, or that local students cannot attend local schools. If the local schools are expanded, the City loses recreation land. It would be a devastating loss if part of Palmer Park is lost due to expansion of South Miami Middle School. Land use /zoning changes that allow additional high - intensity multi- family development may not be appropriate. Traffic /Streets: The subject property is not adjacent to the existing TODD (MU -5) zoning district. Hence, the requested land use /zoning change of the subject property must be viewed as part of a larger expansion of TODD (MU -5). As this zoning district is enlarged, the uncertainties concerning the ultimate traffic impact get larger because it cannot be known how many buildings will eventually be developed or redeveloped to the higher TODD intensity. Therefore, it cannot be known what the ultimate building intensity or mix of uses of the area will be, or what the ultimate traffic impact will be. The TODD (MU -5) district, and especially an enlarged district, may lead to over - development with respect to the .ultimate traffic impact, which would adversely impact l residential neighborhoods. The traffic impact is especially significant because the residential neighborhoods just west of fit Avenue, between US -1 and 64 Street, are currently being studied for traffic calming because of a large amount of cut- through traffic. Compatible with Comprehensive Plan The proposed land use /zoning change is not compatible with many of the goals and objectives of the Comprehensive Plan. Future Land Use Element Goal 1: To preserve and enhance the City's small town character, especially the quality of life in the existing single - family residential neighborhoods. Comment: The term "small town character" is never formally defined in the Comprehensive Plan. However, attributes of it are mentioned throughout the Hometown and Comprehensive Plans, and include: human scale buildings that create an agreeable street space and don't overwhelm pedestrians and neighbors, buildings n „�� 6 proportioned in relation to the public space and adjacent buildings, buildings and streetscapes that function as people- friendly space and encourage pedestrian movement, development that transitions well to low rise residential neighborhoods, few four -lane streets and no future street widening, manageable traffic that does not intrude on residential neighborhoods, adequate open space and recreation facilities for the residential population. The proposed land use /zoning change should not be approved because in some respects it will do harm the City's small town character. The "Hometown Plan" area 2, page 15, states: "The City should allow exceptions to its four -story height custom only for buildings that are exemplary in all other respects." Policy 1.12 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. Comment: Noncompliance with this policy was discussed in this letter under the heading, "Compatibility With Adjacent Properties. Policy 2.1.4: Discourage urban commercial sprawl by promoting' growth in the core area surrounding the Metrorail transit station by creating a district for new growth which is contained and transit - oriented, thereby relieving the pressure for commercial rezonings outside of this core area. Comment: The subject property should not be given a land use /zoning change to be included in the Transit - Oriented Development District, for all of the reasons given in this letter. However, it is notable that the present zoning of Medium- Intensity Office . promotes this policy better than the proposed apartment building with some office space. Goal 3: To achieve a tax base adequate to support a high level of municipal services via increased mixed -use projects and flexible building heights in conjunction with a Transit- Oriented Development District (TODD). Objective 3.1: Achieve over the next five years an increase in the tax base through new development and increased property values. Comment: As discussed in the "Compatible With Hometown Plan" section of this letter, increasing the allowable building height of a few buildings near the metorail station has little capacity to enhance the tax base or lower property tax rates. It makes no sense to harm the small town character of the City, to possibly save homeowners a relatively small amount in property taxes. There is allot of capacity for development within a four -story limit in the "Hometown District", on both sides of Dixie Highway. Special incentives of allowing additional building height are not needed, as evidenced by the renovations and new buildings currently under construction. The major concern should be that all buildings are of high quality that enhance and beautify the community. .,a. ^F.m^r?. Policy 3.1.4: Create a Transit - Oriented Development District within walking distance of the Metorail transit station to permit new development in a bounded and delimited core area, including provisions for mixed -use projects, flexible building heights and incentives to promote redevelopment. The City of South Miami encourages development and redevelopment in the Transit - Oriented Development District. Existing streetscape widths along S.W. 62 Avenue and Sunset Drive will permit increased building heights that are aesthetically - pleasing. The City encourages transparent street -level retail with a mix of retail services, office use, office services and residential uses in mixed-use and multi -story projects, as well as encouraging a district -wide mix of land uses via multiple projects. Comment: The Transit- Oriented Development District (TODD) is supposed to be in a bounded and delimited area, and that area is supposed to be only along a portion of Sunset Drive and 62 Avenue that have wider streetscapes to accept buildings taller than four - stories. Although, it can be argued that eight -story buildings fronting these streets is not aesthetically pleasing as evidenced by the eight-story building at Sunset Drive and 59 Place, and the seven -story building at 62 Avenue and 70 Street. The area is also confined to a small area to prevent over - development that would adversely affect public facilities and quality of life in near-by single- family neighborhoods. The subject', property does not front Sunset Drive or 62 Avenue, but is bounded by narrow two -lane streets on all four sides. The subject request and any other proposals to expand TODD is not compatible with this policy. Housing Element Goal 1: To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. Comment: This goal can be accomplished with the current land use /zoning designations and four -story limit. Traffic Circulation Element "Future Land ' Use Plan Implications" (page54): Since the Land Use Plan calls for a reduction in land use intensities (particularly commercial), no significant increase will occur in traffic generated by South Miami. The principal goal of the land use plan into avoid the adverse impacts that accompany street widening. Comment: The City recently reduced the development intensities of the Downtown areas to protect the residential neighborhood character of South Miami. The residential neighborhoods were being threatened by a high level of traffic filtering through adjoining neighborhoods and the possibility of street widening (Comprehensive Plan, page 8, Downtown). It makes no sense to enlarge the TODD (4 +4) land use /zoning district as is currently being ,proposed. There is no way to predict what the final building density will be because it is not known how many buildings will be redeveloped w with the higher TODD intensity. Hence, there is no way to predict the ultimate traffic impact from the TODD. Recreation and Open Space Element Policy 1.1.1: Retain the existing park* acreage and facilities, thereby providing a level of service standard of 4 acres per 1,000 population. See Table 6 -3 for facility standard guidelines. *Includes City and School Board recreation acreage. Comment: Both the acreage and some facility standards are presently deficient. Hence, land use /zoning changes that allow more high intensity multi- family residential developments are not justified. Recommendations 1. The proposed future land use /zoning change to TODD(4 +4), with the present conditions, should be denied. If a residential development is desired at this location, then a zoning change to Medium Density Multi- family Residential, which has a four -story limit, may more appropriate. 2. If the future land use /zoning change is to be granted, the building should be more strictly conditioned to be compatible with the adjacent buildings and streets, although this would require the present four -story limit. The conditions on the building should be explicitly nailed down such as the number of stories, height of building and residential density. In other words, be sure that only minor architectural changes can be made after land use /zoning changes are approved. 3. Revise the TODD as follows; have a four -story limit for the existing (MU -5) zones; possibly allow the existing (MU -4) zone, south of 70 Street, to be rezoned for four- stories; possibly allow the southern half of the existing (MU-4) and (LI-4) zoned area, between SW 68 Street and 70 Street, to be rezoned for four - stories. There are also a few one -story buildings within the existing (MU -5) zone that could be redeveloped. Hence; there is room for growth in the area, while creating an environment where buildings are compatible with each other and the street- space, and not creating zoning districts that could one day lead to over- development of the area. 1 Jay F. Beckman 6520 SW 65 St South Miami, FL 33143, July 2001 REVIEW OF SOUTH MIAMI COMPREHENSIVE PLAN; RECREATION AND OPEN SPACE ELEMENT umma As mandated in Appendix A -6 -of the South Miami Comprehensive Plan, a review of the Recreation and Open Space Element of the Comprehensive Plan was completed. A thorough and reasonable assessment shows that current recreation acreage and facilities are likely deficient. Compliance with Objectives,and Policies Policy 1.1.1 states, "Retain the existing park* acreage and facilities, thereby providing a level of service standard of 4 acres per 1,000 population. See Table 6 -3 for facility standard guidelines. *Includes City and School Board recreation acreage. Tables 6 -1, 6 -2 and 6 -3 from the Comprehensive Plan are attached and have been corrected to reflect current conditions. Corrections made to Table 6 -1 include the following: at South Miami Field eliminated six tennis courts because they don't exist, reduced number of playing fields to the number of games that can be played at any time, reduced the basketball courts to 3.5; at Murray Park reduced playing fields to the number of games that can be played at any time; at Williamson park eliminated the tennis courts because they don't exist; at Brewer Park reduced the basketball court to one -half because there is only one basket and the court size is less than half -court; eliminated the S. Martin Community Center because this building is being used as office space; added Open Space Park which is being developed. Corrections made to Table 6 -2 include the following: at Ludium Elementary School the acreage has been reduced because of school expansion; the Girl Scout Little House was eliminated because it is a privately owned property with limited access to a very small portion of the city population; inclusion of the YMCA property is questioned because it is privately owned property (not City or School Board recreation acreage as described in Policy 1.1.1), and has more limited public access than City or School' Board recreation property. It can be seen on the attached Tables 6 -1 and 6 -2, that if the YMCA property is included that there is 4.97 acres of recreation acreage per 1000 population; and that if the YMCA is eliminated that there is 4.06 acres of recreation acreage per 1000 population. 2 However, an examination of the northern portion of the city (see attached map) shows that the YMCA and Fairchild Elementary are surrounded by large_ areas of County residential areas. In fact Fairchild Elementary is not included within the city borders. If all of the residential areas north to the YMCA and Fairchild Elementary were annexed into the city, even with the YMCA included, recreation acreage would likely be deficient. If the spotty residential areas to the extreme north were deannexed to even out the city border, than both the YMCA and Fairchild Elementary are lost and recreation acreage again is .likely deficient. Also, there is interest in annexing property south of the city, which contains no recreation acreage, further making recreation acreage deficient. It canoe seen on the attached Table 6 -3 that with infill annexation, the number of tennis courts and football /soccer fields could be deficient. Recommendations 1. Address how adequate parkland and facilities will be achieved given that the YMCA is private property and does not fit the definition for parkland as given in the Comprehensive Plan, and the likelihood of annexation or deannexation to smooth out the northern border of the city. 2. Do not allow any more large scale multi- family developments that will further overload the area schools and recreation facilities. The loss of part of Palmer Park due to expansion of South Miami Middle School would be devastating to recreation in the city. 3. Although opportunities are limited, add passive park/green space areas whenever possible, including in the downtown area.' 4. Design and construct a city -wide sidewalk/bikepath system with tree lined streets to allow recreational walkers, runners and bikers to move throughout the city. 5. Lobby Miami -Dade County to construct `a tree - shaded multi -use recreation path along the abandoned railroad tracks that run along the western boundary of the city. zt:. 'F'M to SC a } CLO U � _J 2 Q W f3 LL. O O ¢ }_ 0 V 2 0 LLl Z U m •x Ln } r c .J CD D � E w m E' o � c o C 3 � o U N Om m `o U C1 cm C N C� o o � C a ED o c y N m U J 4 Q M C N N d' ® 0 tt 3 U r �W M q _ Ln Y N � a m (� m C (D N f'- V'., M 0 I• 0 } } } } } } m a ea CL a x N', M to O LO M to in �O CL s m < v m � CL Y V LL E m ,� C N d o N n- ? • G � LL C a- L ? I ... LL o LL. ci C c C m Ln `...' I-- ram x Ln r c CD D � E m E' o � c o � o U N m `o U cm C N C� o o � ED o c m U J ram x Fro, Co,p'ek4l, r/ i(e Act Table 6-2 QUASI - PUBLIC PARK AND RECREATION FACILITIES, 198 7 SERVING THE CITY OF SOUTH DUAMI Activities & Facilities Facility Name Size BB SF PG CMP .1? Ludlam Elementary School `'ac. -N-2c- Lt South Miami Elementary School 4.0 ac. -- CZ l't Fairchild Elementary School 3.2 ac. -- Lt t •JRE Lee Comm. School 1.5 ac. _Xx -- Lt -- YMCA 9.6 ac_ to -A \ -- Girl Scout House - 3-5-at- -- -- -- XX r Note: BB--Basketball. SF= Softball. PG =Playground. C)SIP= Camping. Source: South Miami Recreation Department. -James Duncan and Associates. Fro. Act, Table 6 -3 (1995) LEVEL OF SERVICES, CITY RECREATION FACILITIES, 1195 CITY OF SOUTH MIAMI 1987 National Service 1995 City Level of Service Facilities Standard Basketball Courts 1/5,000 residents 3'residents alt, 3t3 Tennis Courts 1/1,500 residents 44W-residents Playing Fields 1/7,500 residents �2r ZS fi;'t1itJ residents ` SI)TO Tot Lots 1/15,000 residents Chase f �} 113,557 residents Community Parks 1/25,000 residents 1110,518 residents\,-S73 `6�r Neighborhood Parks 1 Ac. /1,000 residents 3 Ac 11,000 residents Source: City of South Miami Recreation Department, 1995. Brian T. Soltz, City of South Miami 1995. ��,r- c;rrry l) �44 L-CEf� 4oTH ST.. JUULJ f 1[JDD ana ad .. ;. Sc-k o t LQJD SOUTH MIAMI ONw r -�' L3�N� l.: •:'.:•S � III 1YY�fY11 r E y}�gi(( r � 56TH ST.�— f ler Dr CVTECOUNTY Do D (]0 64TH ST : LF u ' DDD IF U0oaDD DDD�DD�- 72ND SF. i nset Dr. F -- QD� ' C ❑ / f �, Dc �DC1D 1 j OFH ST. avls R 0 DG�c� L jj p Figure 1.7 Enclave Annexation Area Co i,tn p veY' f CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 10, 2001 City Commission Chambers 7:30 P.M. L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. IL Roll Call. Action: Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Juan Comendeiro., Board member absent: Mr. Mann. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Local Planning Agency: Public Hearings LPA -01 -001 Applicant: Shoal Creek Properties L.L.C. Request :CONSIDERATION OF AN APPLICATION TO AMEND THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL (FOUR -STORY HEIGHT) CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY (FLEXIBLE HEIGHT UP TO 8 STORIES) ON A 2.8 ACRE VACANT SITE, SAID PROPERTY BEING LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. THE PURPOSE OF THE APPLICATION IS TO ALLOW FOR THE FUTURE CONSTRUCTION OF A RENTAL APARTMENT BUILDING. Planning Board Meeting July 10, 2001 Action: Mr. Illas read the request into the record and Mr. Lorber presented a summary of the request where the applicant is requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential apartment building, designed to cater to the University of Miami students and young professionals who would welcome the convenience of the easy access to Metro -Rail and to most necessities within walking distance. The above- referenced amendment will change the site's Future Land Use Map category to the "Transit- Oriented Development District (TODD)" category. The main factor in this would be a switch from a primarily office /commercial designation to a residential designation, Mr. Lorber added. Also, the proposed amendment is consistent with important goals and policies of the City, such as: assuring availability of affordable housing; encouraging mixed -use residential multi - family projects in the Rapid, Transit Zone ;, as well as discouraging urban commercial sprawl by promoting growth in the area surrounding the Metrorail transit station. The Board expressed some concern about setting a precedent with the expansion of the TODD zone, but staff explained that the Zoning Task Force has been discussing this issue in recent meetings, looking at the TODD in general, and is planning on recommending a moderate expansion in that district. It was also clarified by staff that this hearing was for the purpose of considering a map change only, not for considering specific site development regulations. The Board and staff also discussed the amount of stories that should be allowed, as well as the traffic issue. Mr. Lorber noted that a detailed traffic study had been submitted by the applicant. Applicants: Joseph Goldstein, James Harris, Michael Getz (Shoal Creek Properties) Mr_ Goldstein provided a detailed visual / verbal presentation of the proposal. The Board inquired about which lot size measurement (gross or net area) is used to determine F.A.R (floor -area ratio). Mr. Goldstein referred to the City's zoning code for explanation. The Board inquired as to the square footage > size of the dwelling units. The applicant's representative responded that the average size will be 930 s.f. with the highest being 1,130 s.f. (for the '3- bedroom unit). Mr. Lorber emphasized that all those details will be covered in the zoning application. The Board also raised concern regarding the height of the building which appears to them to exceed the maximum height allowed by code. Staff explained that some ornamentation above the roof may give the appearance of a higher structure but it is not counted as part of the height. Mr. Lorber informed the Board that the applicant would be required to go before the Environmental Review & Preservation Board (ERPB) for the ornamentation phase of the project. The Board expressed concern regarding this project as it would contribute to consume the valuable resources of the few vacant land - existing in the City, and the fact that no provision was being made to provide affordable housing. Staff noted that renting is much more affordable than purchasing and a large scale of the population could benefit from the proj ect. 2 Planning Board Meeting July 10, 2001 The Board further inquired about the relatively small percentage of space designated for retail presented with the proposal The applicant's representative noted that there were various issues involved such as security issues, possible lack of tenants, and that they would be bringing more information on this issue at their next presentation. Before opening the public hearing the attorney noted there was no need for the speakers to be sworn in since the following would not be a quasi-judicial hearing. Speakers: (residents in support of the proposal): (residents against the proposal): Cal Rosenbaum, 6101 Sunset PI Walter Harris, 7100 SW 64th Ct Joe C. Francis Meltzer, 8340 SW 60th Ave Michael Miller, 6796 SW 62nd St Dean Witman, 6259 SW 70th St Bill Enright, South Miami Hospital Mark Radosevich, 5703 SW 83rd St Christopher Cook- Yarborogh, 6800 SW 64th Ave Mario J Salazar, 7030 SW 63rd Ct Luciana Barreto, 5959 SW 71't St Ida Harris, 7100 SW 64th Ct Charles Fostini, 5900 SW 82n1 Gus Williams, 7000 SW 63rd Ct Dick Ward, 8325 SW 62nd Ct David Tucker, Sr., 2556 SW 78th Ter Roxanne Scalia, 6925 SW 63" Ct Al Elias, 7150 SW 62nd Ave Greg Oravec, CRA Director In summary, residents who spoke in support of the proposal, felt that the construction of a primarily residential apartment building would be beneficial to the City, since it would enhance the area, create a safer environment, particularly at night,, and definitely be much better than having an office building. They also favor the idea of having accessible retail in the proposed area. For those residents who spoke against of the proposal, the majority expressed concern about over development within the City, and also preferred a four -story as opposed to a six -story building. Mr. 'Goldstein returned to the floor and recapped his presentation, assuring those present that the applicant will be working with the City with the details of the proposal as part of the rezoning process, which should be back before the Planning Board at its August 141h, 2001 meeting. Motion: Mr. Comendeiro moved and Ms. Gibson seconded the motion to approve the request to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the Future Land Use Category from the Mixed -Use Commercial Residential (four- story height) category to the TODD, Transit Oriented Development District category (flexible height up to 8 stories); the approval to be subject to the following staff recommended conditions: 3 Planning Board Meeting July 10, 2001 Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: • maximum number of dwelling units 300; • maximum height of structures on the site —6 stories (60 feet); • maximum floor -area -ratio -2.25; • minimum of 10,000 sq. ft. of retail / commercial space to be located along the ground floor of the S.W. 59th Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading (final adoption) of this Comprehensive Plan Land Use Amendment. the approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. Vote: Approved 5 Opposed 0 LPA -01 -002 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION' AND OPEN SPACE' AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL" FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS 'ORDINANCE, WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING < FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff presented the item emphasizing the need for this amendment which will help the City to score much higher on competitive applications for grants that will be used in the acquisition of recreation and open space facilities, preserve and protect native species, and encourage the creation of greenways and trails. Speakers; Joe C. Jay Beckman The Board and staff briefly discussed the request. Staff advised that time is of the essence on the proposed amendment due to a deadline in November of this year in order to qualify for the competition of these grants offered by the State. Staff also explained that these amendments are not intended to revise the entire element. The Conservation and Recreation elements are revised once every five years' and the process is called EAR (Evaluation and Appraisal Report). 4 Planning Board Meeting July 10, 2001 Mr. Beckman addressed the Board and staff that during research for the previous LPA -01- 001, he found discrepancies in the Comprehensive Plan having to do with public facilities, etc. Mr. Lorber accepted his suggestions stating that these will be addressed at a later date. Motion: Mr. Comendeiro moved for approval of the request and Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 At this point Mr. Morton closed the Local Planning Agency agenda and called the Planning Board to order. IV. Planning Board : Public Hearings Mr. Morton announced that item PB -01 -011 (Corporate Property Services) on the agenda would be deferred at the request of the applicant. PB -01 -010 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON US l (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item. Speakers: David Tucker, Sr. Ricky Warman The Board and staff discussed the proposed amendment. Mr. Lorber, explained there is a provision of the City Code which requires a minimum distance between an establishment selling alcoholic beverages and residential property, churches, and schools. The distance is five hundred feet. However, this provision also exempts restaurants facing Bird Road. The amendment would extend this exemption for all restaurants located on properties facing USL The issue of setting a precedent as for other fast food establishments to sell alcoholic beverages was also discussed. Motion: Mr. Morton moved approval of the request subject to the inclusion of wording limiting this exemption only to restaurants with consumption on the premises. Mr. Liddy seconded the motion. Vote: Approved 5 Opposed 0 5 Planning Board Meeting July 10, 2001 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of May 29, 2001 with an amendment > to item PB -01 -004 (AT &T _Wireless Services). See attached Revised Page 2 of May 29, 2001 minutes. Vote: Approved 5 Opposed 0 VI. Discussion Items There were no discussion items: VIL Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:30 PM. RGL /mmm K:\PB\PB Minutes\2001 Minutes\MINS 07- 10- 01.doc 6 r. n� n � d� ro 0 N H i i i i U W i H H � 3 OC Z H C m nn [x] H dro H H HH 0 � z CO C i H ronro �Kyroy 0% d W W roo N H \ O T N r m 3 \ H O bH 3 H H A H ID v O w C H r d H z 0 0 n m H ro H m 7 n n 0 H H z n z ro 0 z � y CITY OF SOUTH MIAMI. NOTICE OF COMPREHENSIVE PLAN AMENDMENT NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the • Citty Commission of the City.of South Mlaml, will conduct a public hearing atits`, regular; City; Commission meeting scheduled for Tuesday, October - 2, 2001 beginning at 7:30 PM in the City Commission Chamber; City" Hall 6130 'Sunset Drive, ,.to consider the following described ordinance(s). AN: ORDINANCE OF,.:THE,MAYOR AND CITY COMMISSION: OF THE CITY OF SOUTWMIAMI FLORIDA; AMENDING THE FUTURE LAND USE'.MAP OF THE SOUTH -MIAMI COMPREHENSIVE, PLAN 'BY; CHANGING THE FUTURE ` LAND USE CATEGORY `, "FROM "''THE. MIXED -USE COMMERCIAL RESIDENTIAL',CATEGORY TO.THE. TODD, TRANSIT ORIENTED.DEVELOPMENTDISTRICT CATEGORY ON PROPERTY LEGALLY.:; DESCRIBED AS LOTS 1 ` THROUGH_ 25, .'.BLOCK,; `15, •, LARKINS; TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY. S.W. 70TH STREET, ON.THE EAST. BY S.W 59TH PLACE, ON THE NORTH BY S.W. 69TH STREET, AND ON THE WEST BY e. S.W. 61ST AVENUE; -PROVIDING. FOR +SEVERABILITY;' PROVIDING FOR ORDINANCES` IN.:CONFLICT;- -AND PROVIDING AN EFFECTIVE DATE. Location Map: Proposed Amendment to The subject ordinance can be Inspected in the City Clerk's Office, Monday- Friday during'regular office . hours. Inquiries concerning this item should be directed to the Planning Department at.. 305-663-6326. All interested parties are invited to attend. ' Ronetta Taylor, CMC City Clerk City of South Miami N-m w F Wldq Statutes 286.0105, me city nerety ad0swe me public mat 6 a parson dec kles to appeal dry eecielan made by tae Board. A9 or C—.WW n w reapeU ro tmy matter caulderad at 8s moo" or MerkV, he ar", vdh need a record of t * pmceelinpa, and mePbr such purpose. affected person may need to ensure mal s verbe8m retard 01 me pmceedl W b made which record mcludee the tees" and avklmice ufwn which the appeal 1. to be beeed. Public Facilities Impact Report and Analysis of Comparable Projects Plannte�g Departm ®nt Introduction This application for an amendment of the City of South Miami's Comprehensive_ Plan was originally submitted in July 2000, by Greenberg.Traurig on behalf of JPI Apartment Development, L.P. A revised application was submitted on February 14, 2001. A second revised application was submitted March, 2001. As described in this narrative, the proposed project remains essentially as envisioned in the original (July 2000) application. The primary changes from the original application are as follows: The developer is Shoal Creek Properties, LLC. The total area of the parcel has been recalculated and increased from 2.68 acres to 2.82 acres. • The proposed commercial /office space is increased from 3,000 square feet to approximately 10,000 square feet. The proposed number of dwelling units remains at approximately 306 units. The purpose of this section of the revised application is to provide. information and analysis supporting the proposed comprehensive plan amendment designation from "Mixed -Use Commercial Residential" to "TODD (4 +4) Story" for the parcel (the "Parcel "). Included in this section is an analysis of the potential impacts the approved versus proposed designations might have on public facilities and services. This section also presents examples of comparable' projects in South Florida and a discussion comparing the proposed designation to policies in the City of South Miami Comprehensive Plan (March 7, 2000). As now proposed, the boundaries of the Parcel are SW 69 Street to the north; SW 59 Place on the east; SW 70 Street to the south; and SW 61 Avenue to the west. The Parcel is currently vacant and is surrounded by a variety of land uses - residential, public and institutional, and commercial (see Figure 1). Directly to the north, across SW 69 Street, is a large, fenced Community Redevelopment Housing complex of two -story, multi- family condominium buildings widely spaced among landscaped areas with large trees. To the east, across SW 59 Place, is a two -story, block -long, U.S. Post Office. To the south, across SW 70 Street, is a sequence of commercial buildings: two one -story office buildings dominated by two four -story office buildings, approximately 54 feet in height and the back of The Hotel Villa (also four stories and approximately 54 feet high, plus roof -top space) with a parking garage entrance. To the west is a parking lot for employees of Larkin Hospital, which is visible beyond. The Parcel is located in the City's Community Redevelopment Area and is also adjacent to the City's Redevelopment and Infill District on the east and south. The bikeway path along SW 70 Street is immediately south of the Parcel. City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 1 -. . e Legend Figure l OSingle- Family Residential QEducational O Duplex Residential E Public & Institutonal 171 Townhouse Residential III Parks &Open Space Existing Land Use Map ®Multiple - Family Residential ED Vacant Land City of South Miami MMixed -Use Commercial Residential ®Water° Commercial Retail - Property Boundary O Commercial Office. Not +oscde Filename; w/2000 -16 South MiamJComp Plan/060601.exisbng land use map Option2 Source: February 1996 City of South Miami; The Curtis i£ Kimball Company January 2001 The Comprehensive Plan's New Future Land Use Map designates that the Parcel will be bounded by Multi- Family Residential to the north; Transportation Oriented Development District (TODD) to the east; Commercial Retail and Commercial Office to the south; and, Mixed -Use Commercial Residential to the west (see Figure 2). Public Facilities Impact Assessment When compared to the designated use, this amendment will create additional impacts to water, sewer, solid waste and park facilities in the City of South Miami, yet the proposed use will have less impact to P.M. peak hour traffic (see Tables 1 -5). For comparative purposes, generation/ demand rates for each of the public facilities, given maximum development under current land use, were calculated as follows: a) The Parcel area was converted to square footage by multiplying the acreage (2.82) by 43,560 square feet/acre. b) The resulting square footage (122,839 square feet) was multiplied by the floor area ratio (FAR) of 1.6 for Medium- Intensity Office District (MO), the current zoning classification. c) The sum — 196,543 - was used in the calculations shown in Tables 2 and 4, Approved Designation Impacts, and in Tables 1 A and 1 B. Table 1A provides a summary comparison of solid waste, potable water, wastewater and park level -of- service standards for the approved designation and the proposed designations, demonstrating that water, wastewater, and solid waste impacts would increase above the approved designation if the proposed amendment is approved. Table 1 B compares the number of trips currently approved with the maximum number of trips allowable under the proposed designations. Tables 2 -5 give more detail regarding each calculation. Please note that as now proposed, combined office and retail square footage totals 10,000. For the purpose of determining the ,maximum impacts possible, office and retail calculations were figured as if each were 10,000 square feet, and the higher impact for each infrastructure system was reported. As Tables 1A and 1B indicate, the maximum, impact on solid waste would result from all commercial space being utilized as retail, while the maximum impact on water, wastewater, and P.M. peak hour traffic would result from all commercial space being utilized by offices. Preliminary information from the Miami -Dade County Water and Sewer Department suggested that a fire -flow test needed to be performed on the existing 8 -inch water main located in SW 59 Place and SW 69 Street before water and sewer availability could be determined. The main was tested on June 23, 2000 and demonstrated an available flow greater than 2,000 GPM. Therefore the main passed the fire -flow test. Water connection can be made from the property to a 12-inch-water main to be installed westerly in SW 69 Street to SW 61 Avenue, followed by installation and connection of a 12 -inch water main southerly in SW 61 Avenue to SW 70 Street, and interconnection to an existing 8 -inch water main in SW 70 Street. The, County also owns and operates an 8 -inch gravity sewer main located in SW 69 Street and SW 59 Place and abutting the northern boundary of the site. The Applicant can connect to this gravity main, provided that there is sufficient depth, and that there are no obstacles that would preclude construction of the sewer. With regard to solid waste, the Miami -Dade County Department of Solid Waste Management does not measure waste disposal capacity utilization on a case -by -case basis. Instead, the adequacy of capacity is evaluated on a system -wide basis in terms of existing waste delivery commitments from both public and private sector waste haulers. The Applicant is coordinating this issue with the Department of Solid Waste Management. City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 3 �..uT— g,.�-,-, r.,,.=- �.- r>m-- -^...`""' -�"` -; -�- _.-- �- .- .—;-.; r.��- .,- ,.... -.�, a,.c- � -a-.'T , . ...r, -, • � }, , .. , 9 , r , '�, `i'r, �^`. a M', - : ,fl , rt �*` '°.�i5mj- °°"`e`b'?�T`�. � eS „�,5rcr�h cWCV^c, .�',- � .. Legend Figure 2 ❑Single- Family Residential ■T.O.D.D. 0 Duplex Residential ❑ Residential Office Future Land Use Map []Townhouse Residential E] Educational City Of South Miami ®Multiple- Family Residential 18 Public & Institutional ED Mixed -Use Commercial Residential ® Parks & Open Space EM Commercial Retail& Office — • Property Boundary Not ,oscm, Filename: w/2000 -16 South Miami/Comp Plan1060601.future land use map.Option2 Source: February 1996 City of South Miami; The Curtis & Kimball Company January 2001. O O O N rl- s f6 C = n E a j 0� c C. 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N .0 w CL CU C N U �w•E ca O cu O N w � � O N fQ O •c • � f. �U N th _- -�en--= ,'r- �'°--- '�- ;r�*"'nl . a.;,.;._ ...�- „- ."z.^:*^.,,:.:— '— ^' --•;� .,�^;-� �- �- �.- o,- 4n+ �- ryur,- �' �'^ r. �F' �i'.'; �,s,,,^'F�?s^�^,'T�'k','.'a`ni_ "yam.^ _ �'.� N O C'O c0 +- O O U C`7 ZZM _ co OL 'E IL o Yw d^ E 0 EY � � c n oo � cn H d a d c N °� N w X O U o¢¢¢ a a E-E Q CL `zzzz a> �p H U J•L �_1- c � Z o00o Q - o Q c to a tc 2 p a E N O N O r N CN o N O �, G W W _0 - E 8 L > W a > O 0-.T W a 1- Z a (n E Q m � p Q0 O > v- v U) c W J d J "ZNZN QO cn E > W N - J a Z I Z o > Q CV CV Q o M co Q 0) CD W N E Q c- 5 W O 0 J O 3 -a F-" m U- Q d N O 0 N QQ O U N e.,, C' 0 O f0 � U W Q OCD CO 0 Oy_[O)O CL i J a � >, Q �z'o Q -d @� o Q� I-O mSp to o�rnCV a o w 0 r p U) J •a r` I. CL 1 0 -) ? v v N a m y a� mN �� oZ m Z oo�i �� Q 00. Q Y F- � 'L .o F-w Q Fp W� =3EU D. auo�rnv °•rn 0 D.F 0 ac o �a v) U. 0— p w �iyam d a 0 <wQco U:- m Cl) v O m WN LCL a L mz(7 O U N > Qv) n. � a� v m E� w co � am00O > J�. y o0 o W _��5a) a CO �ZNZ� p Wp oov c �.. N CL L '6 i I f w O m .a U L Y o a a __ O a (D a) I o oo 00 1 0 c o 0 0 3 Q moo .. cn p �CD CO C. U !- OLCDoo N a Q�Q a r000 LL Np acoo °O M� Z Z� o 0 3 U) w U. W U. o z� Z$2 N c E•a 3 E > M > c� N O N O F- Lz �z OzLQz C p f60 p Q rn Q 0) aNayO m m 0 CL E3�° c p w o o f 0 �' -m om° a E C 0 Q 000 - J a�0c�° TO� o > � co Cc N Z n E 3 Li lJ l W W W w D � (n (0 p W F- Q co IL- Tables 4 and 5 separate the approved and proposed designation impacts for traffic, again calculated to show maximum impacts. P.M. peak flour vehicular trips would decrease under the proposed designation using either 10,000 square feet of office or 10,000 square feet of retail The City of South Miami Comprehensive Plan LOS standards are based on number of persons. Therefore, the approved and proposed designations were converted into number of persons based on industry standard conversion rates as follows: • Office — 1 person per 250 square feet • Retail 1 person per 500 square feet • Multi- Family Residential - 2.54 persons per household (City of South Miami Comprehensive Plan) For purposes of analysis, the approved use and square footage is based on the zoning classification for the site, Medium- Intensity Office District (MO) (see Figure 3). The City of South Miami has excess park and recreation facility capacity to serve the proposed project. At present, the City of South Miami has 57.6 acres of park and recreation facilities. The comprehensive plan LOS for park and recreation facilities is 4 acres /1,000 population. The city currently has a permanent population of 10,467 residents with an additional seasonal population of 2,577 persons, for a total population of 13,044 residents. Based on the adopted LOS, this population requires 52.2 acres of park and recreation facilities. Therefore, the city has 5.5 acres of excess park capacity. If the proposed designation attracts additional population into the city, up to 2.83 acres of park will be needed to serve the residents of the proposed project. After subtracting the 3.01 acres from the 5.5 acres of excess capacity, 2.39 acres of excess park and recreation facility capacity remains. Drainage impacts from both the approved and proposed designation must meet the level-of- service standards for both flood protection and water quality. Therefore, there is no difference in impact between the two developments on flood protection and water quality issues. The proposed project is intended and designed primarily as housing for students at the University of Miami. This type of facility is more comparable to a hotel - condominium use than to a residential.- condominium use; student housing is usually short term and is not typically a primary homestead. It is anticipated that the majority of these residents will be unmarried and without children. Thus, it is anticipated that impacts on the public school system will be minimal. Joseph G. Goldstein, attorney for the Applicant, wrote to Ms. Sally Osborne, Supervisor of the Department of Development and Governmental Affairs for the Miami -Dade County Public Schools, on July 27, 2000, informing her of this proposed project and requesting a statement of the project's impacts on public schools. Copies of Ms. Osborne's response, dated August 17, 2000, and a letter from her to Mr. Subrata Basu, the city's then - Planning Director, dated August 18, 2000,_a copy of which was sent to Mr. Goldstein, are included as Exhibit 1. There are two restrictions governing maximum development in a Transit Oriented Development District (TODD), the proposed land use: building height (MU -5 - eight stories, maximum 100 feet) and density ( "as many units as may be permitted as can be provided with parking"). The City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 8 t; s � w_fv A. a c..H AO as Jr AS W. t $• ,EAS j" N ♦ • , s ! t ..'a PS, All >..,.t +t' T •.N K t. 1 j ♦ TRriCT ! If. r It ry r T f ' l.. t• r_ �D 1f, i1� .r 3 :new. d/p'T6 ; I +�w �.� Z ••'p f•�- t / r+ L Y 1S 4 ..I d; A P K Jt �.•. y t i M. - ,� t♦ -+1 y M'ri. ♦.i: M ir. N is „- Sf p. e r 1' RACE rAl. lyrN�St/E pI t . ' f ,f t r.rE r c •� OP tL F.f♦Cf J ARA C.- f •. w �}Sf[ t i I r N w 7 ay IY M. • +e 1 yet. f �i� a N r .';�� ;. ,f100404 ti Vi sawn f/r f e ( w�i i ii11� �+ ♦1 S f� � Hsu. 110 1. III .. - . �_ \ />•i1/ H ! �4� f . ` ut,•M. nrw]. •,'r � r'c, ,.Tn_ Jtr��l�w•t L �Jn eIw i� y a •.' J ^> �.�� ! .t �♦ ro r rid w Legend Figure 3 r . Property Boundary zoning Map City of South Miami 0 Not to Scale Filename: 42000 -16 South Miami/Comp Plan /060601 - zoning map.Option2 Source: February 1996 City of South Miami; The Curtis & Kimball Company January 2001 maximum height of the proposed development is eight stories, 69 feet. For each of the 306 dwelling units there will be two parking spaces, for a total of 575 spaces. City of South Miami ` Revised June 2001 Application for Comprehensive Plan Amendment Page 9 F7,7 7 The prevailing appearance of the neighborhood shows a low to medium range of building heights, from one story to multiple stories. The skyline includes the 92-foot-high Larkin Hospital, The Shops at Sunset and other substantial buildings. Looking down SW 70 Street and connecting to the neighborhood to the southeast, one sees the imposing architecture of the five - level, 92 -foot Metrorail parking garage that adjoins the elevated tracks. Close by, on Sunset Avenue, are the City Hall, public library, police station, and commercial outlets, including a bank and a gasoline station. The addition of several levels to the parking garage and additional retail in the immediate vicinity of the Metrorail station may result in further change to the future character of the neighborhood. The neighborhood, as described, is made up of a variety of land uses in relationship. The project site is surrounded by this mix of uses, but can be viewed as a transition area between retail /commercial /office /hotel and lower density residential. The proposed building will be compatible with the neighborhood, both in appearance and function. The project will aid in the fulfillment of several planning goals to create a pedestrian - friendly, mixed -use neighborhood with generous off- street parking; conveniently located near offices and public services such as medical facilities, a library, police station and a hotel. The project will bring new residents to the neighborhood who will support the retail establishments and use the mass transit system. Quoting from the City's Land Development Code, the purpose and intent of the TODD designation is "to encourage a mix of high density uses, specifically residential, retail and office uses." TODD encourages residential density by giving a bonus of one additional floor of residential use (with required parking) for every floor of residential use. TODD zoning does not specify floor area ratio (FAR). Instead, floor area minimums are established' for efficiency /studio, one -, two- and three - bedroom apartments. The proposed project is not the maximum development scenario that can be designed within these restrictions. More apartments could be added. The project as configured is the maximum that is marketable. Comparable Projects Jefferson at Douglas Entrance, at the northwest corner of Douglas Road (37 Avenue) and Calabria Street in Coral Gables, is comparable to the proposed development. The project will have 224 units in 16 stories (height: 155 feet) on 1.6 acres. (See Exhibit 2.) This development will neighbor commercial buildings, one -and two -story single family homes, and small multi- family buildings. Considering the variety of land uses and architectural styles in close proximity, this project has similar neighborhood characteristics and contrasts of density and height to the proposed project in South Miami. Two developments elsewhere in South Florida are offered as additional comparable projects. Both are located in central, urban environments with Community Redevelopment Areas, and both have densities comparable to the proposed South Miami, project: • Fort Lauderdale - NE 6th Street (Sistrunk Boulevard) between NE 2nd and 3rd Avenues. 2.27 acres; 226 units; 100 units /acre; 8 stories, 73 feet high. (See Exhibit 3.) - • Jefferson at Young Circle, Hollywood - Van Buren Street between 19th and 20th Avenues, two blocks south of Hollywood Boulevard, one block south of Harrison. 1.76 acres (does not include 6 -story parking garage to be owned and operated by the city); 232 units; 132 City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 11 units /acre; range of building heights (3 -8 stories, stepping up to a height of 73 feet). (See Exhibit 4.) Consistency with Comprehensive Plan The proposed designation is consistent and supportive of City of South Miami Comprehensive Plan. The Plan begins with a statement of Future Vision, which is quoted below in full: We value our socially diverse neighborhoods, our traditional retail service areas, our modern medical community and our small town character. We will strengthen our neighborhoods, support our Hometown District, and encourage development of our urban core link to the Metrorail transit station in a manner that enhances our community and improves our tax base. The proposed project is appropriately located for a concentration of residents in the urban core, in an attractive pedestrian- oriented setting within walking distance of public services such as the library, a variety of retail establishments, and mass transit. While improving South Miami's tax base, the project will not detract from the city's small town character. The proposed project supports a number of goals, objectives and policies in the city's Comprehensive Plan, including those in this partial listing: Chapter 1: Future Land Use Element Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail transit station by creating a;district for new growth which is contained and transit- oriented, thereby relieving the pressure for commercial rezonings outside of this core area'. Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit- Oriented Development District [TODD]. Policy 5.1.4 Implement priority SMCRP programs and projects, including but not limited to: "in- fill" housing, construction of multi- family units, substantial rehabilitation of housing (HUD Complex), and streetscape and infrastructure improvements. Chapter 2: Transportation Element Policy 1.1.1.C. There is a Metrorail station in the heart of the City's only intensive development area; this Metrorail station puts extraordinary commuter rail transit service at hand. Further, development of the area around the Metrorail station will further state and local goals for "in- filling" already urbanized areas and reducing urban sprawl. City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 12 Chapter 3: Housing Element Goal 1 To assure the availability of sound and, affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed-use /residential multi - family projects containing affordable housing units. Chapter 4: Infrastructure Element Goal 1 To provide and maintain the public infrastructure in a manner that will insure public health, safety and quality of life. Chapter 5: Conservation Element Policy 1.1.3 Continue to encourage the use of Metrorail; bicycles and other alternatives to the automobile (through capital improvements). i City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 13 , Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: October 2, 2001 and City Commission From: Charles D. Scurr Re: Agenda Item # City Manager LDC Rezoning: MO to TODD(MU -5) Shoal Creek Properties Request AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO", MEDIUM- INTENSITY OFFICE DISTRICT TO 11TODD(MU -5)11, TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61sT AVENUE; PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant is requesting a rezoning of a 2.81 acre property as legally described above in order to construct a six story residential apartment building with 294 dwelling units and 6,812 square feet of commercial space. According to the information submitted with the application, the floor area ratio (FAR) for the proposed project will be 2.53. The apartment building, to be called "University Place at South Miami ", is designed to cater to graduate and married students of the University of Miami and young professionals who are looking for the convenience of the Metro -Rail and have easy access to most necessities within walking distance. The current zoning on the subject property is "MO" Medium - Intensity Office Use District, which allows office development up to a maximum of four (4) stories, with a 1.6 floor area ratio. In order to develop the property as described above, the applicant is requesting a zone change for the property to the "TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District. The current TODD LDC Rezoning Shoal Creek Properties October 2, 2001 Page 2 of 7 (MU -5) Zoning District permits residential and commercial uses, allows up to eight stories in height (by bonus) and does not limit development with a maximum floor area ratio or units per acre formula. COMPREHENSIVE PLAN AMENDMENT STATUS Prior to this rezoning request, the applicant was required to initiate the process to amend the Future Land Use category for the site. This separate action was necessary due to the limitations contained in the City's Comprehensive Plan for the existing land use category, the Mixed -Use Commercial/Residential category, in which the proposed development site is located. The height and density restrictions of that category mandated a change to the Transit Oriented Development District Future Land Use Category. The applicant did submit the appropriate Comprehensive Plan amendment in June 2001. The Planning Board, acting in its capacity as the Local Planning Agency, conducted a public hearing on the application at its July 10, 2001 meeting. At that time the Board recommended approval (5 -0) of the application with the following condition: "Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: a) Maximum number of dwelling units 300 b.) Maximum height of structures on the site —6 stories (60 feet); c) Maximum floor- area -ratio — 2.25; d) Minimum of 10,000 sq. ft of retail / commercial space to be located along the ground floor of the S. W. 59th Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading final adoption) of this Comprehensive Plan Land Use Amendment. The approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. " The City Commission held a public hearing on the proposed amendment at its July 24, 2001 meeting. At that time, the Commission voted to approve the application on first reading and accepted that portion of the Board's recommendation calling for the rezoning_ application to be processed prior to the final adoption of the Comprehensive Plan amendment. In order to provide the City with a maximum opportunity to review the project in detail, it was felt that the final reading and approval of the Comprehensive Plan amendment should be held until the rezoning : application could be reviewed. The rezoning process and the review of a, submitted detailed site plan is the appropriate mechanism to place limitations or conditions on a development project. A detailed site plan adopted as part of a rezoning application becomes binding upon the developer and the City. SITE ANALYIS The subject property encompasses the entire block bounded by SW 70th Street on the south, SW 59t" Ave. on the east, SW 69th Street on the north, and SW 61St Ave. on the west. The property consists of 23 vacant lots and two lots occupied by a one -story building currently used as a dentist office. The site does not have any significant features other than the fact that a number of large mature trees are scattered through out the site. . , LDC Rezoning Shoal Creek Properties October 2, 2001 Page 3 of 7 Surrounding Parcels APPLICABLE REGULATIONS The proposed project is subject to standards specifically set forth in the "TODD (MU -5)" Transit Oriented Development District (Mixed Use-5) zoning district, LDC Sections 20-8.1 through 20-8.17 These include uses permitted' height, density, dwelling unit size (minimum), off-street parking, setbacks, public spaces, arcades, architectural, and landscaping. In addition, a special exception provision in the TODD regulations also requires that any new development built in the zoning district exceeding 40,000 square feet must be reviewed by the Planning Board and City Commission using .the special use approval process. The special exception application procedure also allows for consideration of modifications (exceptions) to the standards specified in the TODD district. The applicant did submit a special exception application, which was reviewed at the City Commission meeting on September 18, 2001, at which time the Commission approved the application (Resolution No 134-01-11282). DEVELOPMENT / SITE PLAN ANALYSIS 1. Uses Permitted: The applicant is building a residential building with limited commercial uses on the ground floor facing SW59th Place. The TODD (MU-5) permits commercial and residential uses. 2. Density-Number of Dwelling Units: The proposed development will have 294 dwelling units or a density of 104 dwelling units per acre. The TODD (MU-5) regulations specify that any number of units may be permitted as long as parking is provided. In previous reports the staff has maintained that it is important to ensure that the ultimate residential density for the site does not become excessive. Residential infill projects in transit corridors and in dense urban cores have been shown to be successful at a density of 75-100 units per acre; however, densities significantly above 100 units per acre occur primarily in the highest intensity urban areas. In fact, the number of units being proposed is less than the maximum development parameter of 300 total units set forth by the Planning Board during the Comprehensive Plan review (July). 3. Density- Floor Area Ratio: The applicant's proposed floor area ratio is 2.53 The TODD (MU -5) regulations does not specify a maximum FAR. It is important to note that after considerable study the City's Zoning Task Force recommended the use of the floor area ratios in TODD as the primary method to limit density. The recommended formula is based upon the height district in which a site is located; 3 story height districts-1.6 FAR; 6 story (4+2) height districts- 2.5 FAR; 8 (4+4) story height districts- 3.0 - 1---77--1 �7,, , - �, Z - �,P"T, m--, , , 7-7- _-- Comprehensive Plan Land Development Code Actual Use Existing Land Use Existing Zoning District Category j40_rth Multifamily Residential RM 18 Residential Condominium Low density multi-family 117 units; 2 stories 2 story maximum permitted East TODD TODD (MU-4) US Post office 2 story maximum permitted South Mixed Use Commercial/ MO/ Medium Intensity office Hotel; Offices Residential 4 story permitted — Mostly 4 stories —West Mixed Use Commercial/ H/ Hospital/ height compatible Hospital parking lot Residential w/ surrounding area APPLICABLE REGULATIONS The proposed project is subject to standards specifically set forth in the "TODD (MU -5)" Transit Oriented Development District (Mixed Use-5) zoning district, LDC Sections 20-8.1 through 20-8.17 These include uses permitted' height, density, dwelling unit size (minimum), off-street parking, setbacks, public spaces, arcades, architectural, and landscaping. In addition, a special exception provision in the TODD regulations also requires that any new development built in the zoning district exceeding 40,000 square feet must be reviewed by the Planning Board and City Commission using .the special use approval process. The special exception application procedure also allows for consideration of modifications (exceptions) to the standards specified in the TODD district. The applicant did submit a special exception application, which was reviewed at the City Commission meeting on September 18, 2001, at which time the Commission approved the application (Resolution No 134-01-11282). DEVELOPMENT / SITE PLAN ANALYSIS 1. Uses Permitted: The applicant is building a residential building with limited commercial uses on the ground floor facing SW59th Place. The TODD (MU-5) permits commercial and residential uses. 2. Density-Number of Dwelling Units: The proposed development will have 294 dwelling units or a density of 104 dwelling units per acre. The TODD (MU-5) regulations specify that any number of units may be permitted as long as parking is provided. In previous reports the staff has maintained that it is important to ensure that the ultimate residential density for the site does not become excessive. Residential infill projects in transit corridors and in dense urban cores have been shown to be successful at a density of 75-100 units per acre; however, densities significantly above 100 units per acre occur primarily in the highest intensity urban areas. In fact, the number of units being proposed is less than the maximum development parameter of 300 total units set forth by the Planning Board during the Comprehensive Plan review (July). 3. Density- Floor Area Ratio: The applicant's proposed floor area ratio is 2.53 The TODD (MU -5) regulations does not specify a maximum FAR. It is important to note that after considerable study the City's Zoning Task Force recommended the use of the floor area ratios in TODD as the primary method to limit density. The recommended formula is based upon the height district in which a site is located; 3 story height districts-1.6 FAR; 6 story (4+2) height districts- 2.5 FAR; 8 (4+4) story height districts- 3.0 - 1---77--1 �7,, , - �, Z - �,P"T, m--, , , 7-7- _-- LDC Rezoning Shoal Creek Properties October 2, 2001 Page 4 of 7 FAR. Although this change in the regulations is yet to be adopted by the City, the developer's proposal is in line with the recommendations that will be considered. 4 Dwelling Units- Minimum Floor Area: The applicant's proposal indicates a range of dwelling unit types, including 28 efficiency /studio units (Type B); 65 one - bedroom units; 165 two - bedroom units; and 36 three- bedroom units. The TODD regulations (Sec. 20 -8.4) currently mandate that apartment units must have a minimum floor area (efficiency /studio- 400sq.ft.; one bedroom -550 sq. ft.; two bedroom -700 sq. ft; three bedroom -850 sq. ft.). All of the proposed units exceed the minimum required square footage. 5 Dwelling Units- Minimum Average Size The applicant's proposal provides that the average size for all of the dwelling units is 870 square feet. The TODD district regulations do not require a minimum average size for dwelling units. During its most recent deliberations City's Task Force recommended that residential developments in the TODD district must maintain a minimum average dwelling unit size of 800 square feet. It was felt that this standard would assure a quality level of dwelling units in residential projects. 6. Building Height: The applicant is proposing to build a six (6) story building. The TODD (MU -5) limits building heights in this district to four stories plus up to four additional stories if certain development actions or design standards are met (Sec. 20- 8.10). A developer may gain a bonus of one additional floor of residential uses for every floor of residential uses proposed. The University Place project, as proposed, could utilize a bonus of four additional floors, allowing for an 8 -story building, however, the current application is limited to six stories. The maximum height of six stories (4 + 2 bonus stories) for this block is one of the modifications being recommended for the TODD district by the Zoning Task Force. In addition, the Planning Board as part of its Comprehensive Plan review, also set six stories as a development' parameter for this site. 7.'; Parking Requirements: The applicant is providing 550 total parking spaces, which includes 526 spaces in an attached six story garage, and 24 spaces located on street. The current TODD district parking requirement for this project (including a bonus reduction for providing arcade space), is 585) spaces. The applicant, as part of a separate special' exception application, requested that a modification of the parking requirement be approved. This was approved by the City Commission on September 18, 2001. 8.' Building Placement (Setbacks, Lot Coverage) The applicant's proposed building covers the entire site; ground level setbacks are zero are on SW 61St Ave. and SW 59th P1., 1'11" on SW 70th Street, 7'2" on the west portion of SW 69th Street and 0' on the east portion of SW 69th Street (garage). The TODD district (Sec. 20 -8.17 — Regulating Plan) allows for 100 % lot coverage and "0 "setback on the front or street side section of a building. The ,staff is concerned that the garage portion of the building lacks appropriate buffering which could be achieved through additional setback, landscaping or other design features. (See Staff Observations) The regulations also require a 20 -foot building line setback beginning on the 5th floor and above. The applicant's plans do not reflect this setback. The applicant, as part of a separate special exception application, requested that that this requirement waived. This was approved by the City Commission on September 18, 2001. 9. Building Design: The applicant is proposing a building, which will occupy the full site (block), with internal courtyards providing amenities for the residents of the building. The entrance lobby and commercial first floor spaces are appropriately located. A pedestrian arcade on the 59th Place street frontage is proposed. The six story garage with an exit/entrance on 69th Street, is located facing the low- LDC Rezoning Shoal Creek Properties October 2, 2001 Page S of 7 rise residential community to the north. 10. Architectural Standards: The proposed building is designed in the Mediterranean Architectural style, containing typical elements such as arcades, decorative stucco trim, Spanish roof tile, decorative roof features, balconies, etc. Basic construction materials are identified in the site plan. The project will be reviewed by the City's ERPB for compliance with architectural standards required in the TODD district. 11. Landscaping/ Streetscape: The applicant has submitted the required Planting/Landscaping Plan and a Drainage /Stormwater Plan as part of the submitted Site Plan. The internal landscaping features and the exterior landscaping proposed at ground level in front of the residential units is appropriate and will add to the attractiveness of the building. The applicant, as part of a streetscape plan, is proposing special triangular street curbing, which will provide tree planting space and delineate on street parking. The Department is concerned that the streetscape proposed by developer does not conform to the recently adopted Community Redevelopment Area Streetscape Standards. (See Staff Observations) STAFF OBSERVATIONS 1. The proposed rezoning will be consistent with and supports the goals and policies of the City's Comprehensive Plan. 2. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 3. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA Board. 4. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. The Task Force's subcommittee on TODD has carried out considerable study on the district that will be presented to the City Commission at a workshop in September. The applicant's proposal is consistent with the following Task Force policy recommendations: a) This block be included in the TODD land use category and TODD zoning district; b) The subject block shall be included in a maximum six story height district allowing for 4 stories plus 2 stories earned as a bonus; c) All new residential multi - family buildings shall maintain an average dwelling unit size of 876 square feet; d) The floor area ratio in a TODD six story height district shall be 2.5. 5. The six story parking garage with an exit/entrance on SW 69''' Street, is located facing the low -rise residential community to the north. The staff is concerned that the garage portion of the building lacks appropriate buffering which could be achieved through additional setback, landscaping or other design features. 6. The applicant, as part of a streetscape plan, is proposing special triangular street curbing, which will provide tree planting space and delineate on street parking spaces. The staff is concerned that the streetscape proposed by developer does not conform to the recently adopted Community Redevelopment Area Streetscape Standards. LDC Rezoning Shoal Creek Properties October 2, 2001 Page 6 of 7 PLANNING BOARD RECOMMENDATION The Planning Board at its August 28, 2001 meeting adopted a motion recommending approval of the proposed rezoning with following conditions: 1) the applicant shall provide a minimum three -foot buffer between the garage (north side) and the sidewalk; (2) applicant to redesign the proposed streetscape elements in order to conform to the Community Redevelopment Area Streetscape Plans for the area; (3) the entrance to the parking garage to be moved to the west; and, (4) storefront delivery / service, to comply with City ordinances. The motion to approve was made by Mr. Comendeiro and seconded by Ms. Yates. The motion was adopted by a vote of 5 ayes and 0 nays. CITY COMMISSION ACTION The City Commission at its September 18, 2001 meeting approved on first reading the requested rezoning, subject to certain conditions listed in this report and in the draft ordinance. At that time the Commission, at the request of the applicant, agreed to modify one of the City's conditions (No.7) by adding the wording "To the extent economically feasible..... ". This modification appears underlined in the conditions of approval listed in this report, and in the proposed ordinance. RECOMMENDATION It is recommended that the proposed rezoning request from "MO" to "TODD MU -5 be approved on second reading subject to the following conditions, as set forth by the Planning Board, the City Administration, and as modified by the City Commission: (1) The proposed development shall be as shown on the submitted Site Plan, dated October 2, 2001, as may be modified by revisions required by conditions set forth in this section; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth in the Land Development Code; (3) Applicant to submit a Unity of Title document as required by LDC Section 20 -8.16; (4) Applicant shall provide a minimum three -foot buffer between the garage (north side) and the sidewalk; (5) The entrance to the parking garage to be relocated to a position approximately midway between SW 59`h Place and the driveway entrance to the Lee Park condominiums, in order to insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be shown on revised site plan as presented on October 2, 2001. (6) Storefront delivery / service, to comply with City ordinances. (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape elements in order to conform to the City's street tree requirements and the Community Redevelopment Area Streetscape Plans for the area, as follows: • Along SW 59th Place, SW 69th Street, and SW 61" Avenue, the triangular "bulbouts containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self - contained landscape islands. LDC Rezoning Shoal Creek Properties October 2, 2001 Page 7 of 7 • For the portion of 70"' Street between SW 61st Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on- street parking and the required street trees. • For the portion of 70tt' Street between the building entrance and SW 59t" Place, the sidewalk shall be widened to provide eight (8) feet of sidewalk, said sidewalk to incorporate street trees in tree grates, thereby providing the street trees required by the Land Development Code while allowing a minimum five (5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act(ADA). The rezoning ordinance shall be effective on the date when the Florida Department of Community Affairs issues a finding of compliance with applicable Florida State Statues for the Comprehensive Plan Future Land Use Map amendment application for the same property. Attachments: Proposed ordinance Application Letter of Intent Location map Property Owner Consent Forms Copies of Public Notices Planning Board Minutes 8 -28 -01 Survey (6 -1 -01) Revised Site plan (October 2, 2001) Ik CS /RGL/SAY DAComm Items\2001 \10 -2 -01 \Rezoning Shoal Creek Report.doc I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 6 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH 7 MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING 8 USE DISTRICT FROM THE "MO ", MEDIUM - INTENSITY OFFICE 9 DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT 10 DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS 11 LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE 12 SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 13 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY 14 SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; 15 PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN 16 CONFLICT; AND PROVIDING AN EFFECTIVE DATE.: 17 18 19 WHEREAS, Application No. PB -00 -015 was submitted to the Planning and Zoning Department 20 by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the 21 City of South Miami by changing the zoning use district for property legally described as Lots 1 through 22 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70th Street, on 23 the east by S.W. 59th Place, on the north by S.W. 69th Street, and on the west by S.W. 61" Avenue from 24 "MO" Medium - Intensity Office Use District to "TODD (MU -5) ", Transit Oriented Development 25 District (Mixed -Use 5) Use District.; and 26 27 WHEREAS, the purpose of the change of zoning is to permit the construction of a six 28 story residential apartment building with 294 dwelling units and 6,812 square feet of commercial 29 space; and 30 31 WHEREAS, the proposed rezoning is consistent with the Amended Future Land Use Map of the 32 City of South Miami Comprehensive Plan; and 33 34 WHEREAS, after review and consideration, the Planning and Zoning Department recommended 35 approval of the application with conditions; and 36 37 WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed rezoning 38 application, the Planning Board recommended approval with conditions by a vote of (5 -0); and 39 40 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board 41 and enact the aforesaid amendment. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 44 OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 Section 1 That the City's Official Zoning Map shall be amended by changing the zoning on 47 properties for property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, 48 said site being bounded on the south by S.W.. 70th Street, on the east by S.W. 59th Place, on the north by 49 S.W. 69th Street, and on the west by S.W. 61St Avenue from "MO" Medium- Intensity Office Use District 50 to "TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District, said rezoning to 51 be subject to the conditions specified in Section 2 of this ordinance. 52 FA 1 Section 2 That the above change of zoning is subject to the following conditions: 2 3 (1) The proposed development shall be as shown on the submitted Site Plan, dated October 2, 4 2001, as may be modified by revisions required by conditions set forth in this section; 5 6 (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth 7 in the Land Development Code; 8 9 (3) Applicant to submit a Unity of Title document as required by LDC Section 20 -8.16; 10 11 (4) Applicant shall provide a minimum three -foot buffer between the garage (north side) and the 12 sidewalk; 13 14 (5) The entrance to the parking garage to be relocated to a position approximately midway 15 between SW 59th Place and the driveway entrance to the Lee Park condominiums, in order to 16 insure pedestrian safety and adequate traffic flow. Said location of garage entrance to be 17 shown on revised site plan as presented on October 2, 2001; 18 19 (6) Storefront delivery / service, to comply with City ordinances. 20 21 (7) To the extent economically feasible, the Applicant to redesign the proposed streetscape 22 elements in order to conform to the City's street tree requirements and the Community 23 Redevelopment Area Streetscape Plans for the area, as follows: 24 25 • Along SW 59th Place, SW 69th Street, and SW 61st Avenue, the triangular "bulbouts" 26 containing street trees shall be squared off or rounded, and either redesigned to 27 incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by 28 the property owner to maintain in perpetuity the gutter area between the existing curbing 29 and the self - contained landscape islands. 30 • For the portion of 70th Street between SW 6151 Avenue and the building entrance, the 31 above referenced plan for bulbout landscape islands shall be incorporated, thus providing 32 additional on- street parking and the required street trees. 33 • For the portion of 70th Street between the building entrance and SW 59th Place, the 34 sidewalk shall be widened to provide eight (8) feet of sidewalk, said sidewalk to 35 incorporate street trees in tree grates, thereby providing the street trees required by the 36 Land Development Code while allowing a minimum five (5) foot unobstructed pedestrian 37 passageway as required by the Americans with Disabilities Act (ADA). 38 39 40 Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating 41 Plan Graphic illustrations contained in Section 20 -8.17 of the Land Development Code. 42 43 44 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held 45 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 46 the remaining portions of this ordinance. 47 48 49 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance 50 are hereby repealed. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 Section 6 This ordinance shall be effective on the date when the Florida Department of Community Affairs issues a finding of compliance with applicable Florida State Statues for the Comprehensive Plan Future Land Use Map amendment application for the same property. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2 °d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2001 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: i:tty`Hall, 6130 Sunset Drive, South Miami, Florida 33143 U V Telephone: (3'05) 663- 6326; Fax: (305) 666-4591 P1ann 8� Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: S.W. 70m Street & 61 Ave. Lot(s) 1 -25 Block 1155 Subdivision Larkin Townsite PB 2-105 Meets & Bounds: See Attached Exhibit "A" Applicant: Shoal Creek Properties, LLC Phone: (305) 859 -8420 Representative: Joseph G. Goldstein, Esq. Organization: Akerman, Senterfitt & Edison, P.A. Address: One S.E. a Street, 28th Fl. Phone: (305) 755 -5855 Miami, Florida 33133 Property Owner: See Attached Exhibit "B" Signature: Mailing Address: 2665 S. Bayshore Drive, 702 Phone: (305) 859 -8420 Coconut Grove, Fl. 33133 Architect/Engineer: Mouriz, Salazar & Assoc, Inca Phone: (305) 273 -9911 Miami, Florida 33156 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: X Owner _Owner's Representative Contract to purchase _Option to purchase _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC _Variance X Letter of intent ,J —Zoning Map Amendment ASpecial Use X Justifications for change✓ _ PUD Approval ,Special Exception _ Statement of hardship _ PUD'.Major Change _Other X Proof of ownership or�fter from owner _ Power of attorney Briefly explain application and cite specific Code sections: X Contract to purchase J' X Current survey (1 original sealed and✓ In accordance with section 20-8.9 (B) 1 this development is in excess of 40,000 square feet and qualifies as a large scale use that requires review by the Planning Board via the special permit process. si ned/1 reduced co 11" x 1T 9 copy ) tJ X 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" X 20 %Property owner signatures/ Section: 20 Subsection: 5_8 Page #: 111 Amended Date: Aoril 2000 X Mailing labels (3 sets) and map X Required Fee(s) ✓ J*VV e dersigned has r his corn leted application and represents that the information and all submitted materials are true and correc to the best f plicant's owledge and belief c liCt�''1Cyy; July 13, 2001 plicant's Signature and title- - Date applicable etgulations.1 Applications found not materials rejected compliance with the to the ppdcDevelopment Code and other OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2/00 AKERMAN SENTERFITT ATTORNEYS AT LAW SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE, 28TH FLOOR MIAMI, FLORIDA 33131-1714 PHONE (305) 374-5600 • FAX (305) 374-5095 http://www.akerman.com Joseph G. Goldstein (305) 755-5855 www.jgoldstein@ak-erman.com July 13, 2001 VIA HAND DELIVERY Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Shoal Creek Properties, L.L.C. ( "Shoal Creek") / Letter of Intent and Filing of Application to Transit- Oriented Development District (TODD) MU -5 and Request for Special Exception Approval Dear Mr. Lorber This constitutes letter of intent of Shoal Creek accompaning the filing of an application to rezone the 2.8 net acre vacant and unimproved property located at the northwest corner formed by the intersection of S.W. 59`h Place and S.W. 70" Street, which is legally described in Exhibit A (the "Property "), from MO to TODD MU -5 and seeking an I associated Special Exception approval as required pursuant to section 20 -8.9 of the City of South Miami Land Development Code. As you may be aware, Shoal Creek has filed an application to amend the City's Comprehensive Plan / Future Land Use Map as it affects the Property from Mixed Use Commercial/Residential to TODD. That application was recently heard and unanimously recommended for approval by the City's Planning Board and will be considered by the City Commission for the first time on July 24, 2001. Shoal Creek has spent over a year and a half assembling parcels of land and has, at this time, either acquired or has contracts to purchase the entire City block. Its intent is to develop the property with a mixed -use structure containing' approximately 314 residential dwelling. units, 7,056 square feet of retail and office space and a' 537 space parking structure. This application is being provided with the intent that it too will be considered by the Planning Board in due course , and will be heard on second . reading simultaneously with the second reading of the pending Comprehensive Plan amendment. The Property is situated directly across the street from the South Miami MetroRail facility and parking garage, and is surrounded by the following: a United States Post Office and the MetroRail facility to the east and southeast, respectively; Larkin General Hospital and its parking lot to the west; a condominium development (Lee Park) to the north and the 117 room (MI679267;2) AKERMAN, SENTERFITT & EIDSON, P.A. FORT LAUDERDALE • JACKSONVILLE ORLANDO TALLAHASSEE • .TAMPA • WEST PALM BEACH — ,��,- .:,-- ,�,�� --mom• �r-� -� Mr. Richard Lorber 7/13/2001 Page 2 Hotel Vila and its service area and garage to the south. The Property is also located within a few short blocks of the University of Miami campus. The Property is also located within the heart of the City's Community Redevelopment Area and Urban Infill Area. It is also located well within the Miami -Dade County Urban Infill Area. Shoal Creek believes that this location is perfectly situated for a principally residential facility, to be designed and marketed to meet the housing needs of the area, particularly young professionals who work downtown and need easy access to the MetroRail and to University of Miami undergraduate and graduate students. Thus, the facility will feature ample recreation and service . areas including a swimming pool, sand volleyball court, club room or clubhouse area, exercise room, a billiard/game room and a small business center. The local geography uniquely qualifies the Property for designation in the City's Transit Oriented Development District (TODD). The TODD was created by the City Commission to surround the mass transit facility and to encourage high density uses which will promote the efficiency of the land use. The purpose of the TODD is to maximize the presence of the rapid', transit center within walking distance of the district boundaries. As mentioned, the Property is directly across the street from the South Miami MetroRail facility. Moreover, parcels east of, and one block south of the Property that abut the MetroRail facility are designated as TODD's on the City's Future Land Use Map. As you may be aware, it is Shoal Creek's understanding that the TODD designation had been considered for the Property in early transit committee meetings. Also, recent discussions within various City subcomittees have : also _ indicated support for a TODD designation on the Property. In addition, the facility proposed for the ` Property is consistent with the type of development intended for this land use designation. The maximum utilization of the TODD encourages high density residential uses in multi -story projects that are characteristic of transit- oriented developments. It is expected that residents of this facility will more regularly utilize the rapid transit system for going to work downtown or .for attending classes and extracurricular activities at the University of Miami, who will also be more likely to walk and ride bicycles rather than consistently using vehicular transportation due to limited parking resources within the University. Furthermore, - redevelopment with high density uses is actually "encouraged in the TODD through flexible zoning regulations. Bonus allocations are provided in the City's zoning code which are intended to accomplish the aforementioned goals of higher density residential development which reduces vehicular traffic, while at the same time, encouraging a high quality pedestrian environment. In short, the proposed apartment building is precisely the type of transit - oriented development contemplated' by the TODD. As further justification for this application, an analysis of the impacts of the proposed student housing facility was prepared by the Curtis & Kimball Company, which was provided to the City as part of the pending Comprehensive Plan application. This report shows that the impacts of this intended use is significantly lower that the already approved office zoning for the Property. Moreover, the traffic generated by this proposed, project will not only be lower than (MI679267;2} Mr. Richard Lorber 7/13/2001 Page 3 that of an office (particularly `a medical office) but it will also generate a different distribution away from currently impacted residential areas to the south and west. This application, as noted above, requests the rezoning of the property and approval of a special exception. Please note that Section 20 -8.9 of the City's Land Development Code requires that the special exception be processed through the Planning Board as if it were a Special Use Permit application. We believe that a "Special Use Permit" is not required, but rather that the process must merely be followed in order to obtain Special Exception approval. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for rezoning of the Property to TODD MU -5 and the approval of the requested special exception. We stand ready to address any of your comments and concerns. Sincerel , r J eph G. oldstein attachments cc: < Mr. Michael Getz Mr. J.W. Harris Mr. Tony White Ines Marrero - Priegues, Esq. MIAMI/ JAMESS /1155116/_r@k01 LD0G7/13/01 (MI679267;2} rn N Z nl PROPERTY OWNER'S SWORN TO CONSENT PROPERTY OWNER'S SWORN TO CONSENT I, Eliana Gonzalez, as President of Dental Professional Group, Inc., which is the Owner of the property legally described in the attached Exhibit "A," and which is the subject of the proposed Rezoning, do hereby grant consent to Shoal Creek Properties, L.L.C., to file this application for a public hearing. Dated at Miami -Dade County, Florida, this %Z day of ..�� -� , 2001. DENTAL PROF NAL GROUP, INC., By: Print Name:_ Address: T S". tAtAr i WI` ESSES: ° Si nature Print Name: Ytc�dn uQ2 tgnature Print Name:' MI.AMUJAMLSS/r V.D0 07 /12 /01 FROM ELIAS PHONE NO 305,661 5791 Jun. 082001 02:27PM F1 PROPERTY OWNEWS SWORN TO CbNSEN We, George Elias, Jr., Richard ,A. Elias and 0. M. Elias, a.9 Owners of the property legally describ d in the attached E,xbibit "A," and which is the subject of the proposed Comprehensive Plan Amendment. duo hereby grant omsent to Shoal Creek Properties, L.I..C., to 'Me this application for a public hearing. Dsted at Miami -Dario County, Florida, this Udsy of Wjl%'F A 1 GEORGE Ell , .lit. Sigca ze "PrintName;c"1 f 1421Z Z44 S Fri.Kt 14asrcn: ��. >�" /�'.I.;�.'c�G�•t'J> S:IS'. RICkLARA A. ELIAS Print N3ma: T Print Name: rVITAS: 0. M. ELIAS 1, Siguature t PrintNauA: S' RuAe Print Name: UII.1A4lJAhtas3if10�t7lp0'ts sL�OC:+yiStOt. 'I !I rI fl j 0 0 N N w m a w ti 0 cc m s L� rIF� '"I I :CITY OF SOUTH MIAMI vNOTiCE OF Punic'HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South, Miami, Florida will conduct Public Hearings during its regular City Commission meeting Tuesday, October 2, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) _ ENTITLED "PERMITTED USE SCHEDULE" SECTION 20- 3.4(6)(5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(6)(20) ENTITLED "MOBILE AUTOMOBILE WASH/WAX SERVICE' IN .ORDER TO PROVIDE FOR. LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR 'SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1d Reading 9/18/01) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING: THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1-1 Reading - September 18, 2001) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY. CHANGING THE ZONING USE DISTRICT FROM THE `'MO ", MEDIUM INTENSITY OFFICE DISTRICT TO "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH j STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (1 st Reading - September 18, 2001) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY' OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE'. SECTION 20 -8.5 ENTITLED "COMMERCIAL USE, AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD- (Lt -4) TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1r Reading - September 18, 2001) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3 6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE. PROVIDING FOR SEVERABILITY; ° PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE; (1n Reading - September l8, 2001) Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. 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. r Ronetta Taylor, CMG City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the .Cit• hereby advises the public that it a person. decides to appeal any decision made by this Board, Agency or Commission wi respect to a:&Y matter considered at its meeting or heannrg he or she wdl need a record of the proceedings, and that for such purpose; affected person.may need to ensure that a vertraV. record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. WF i .:�.� DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 28, 2001 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Morton, Mr. Juan Comendeiro and Ms. Yates. Board members absent: Mr. Illas and Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Gremaf Reyes (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -015 APPLICANT: Shoal Creek Properties L.L.C. Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS` 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING: BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE ',EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOE SEVERABILITY;' PROVIDING ' FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting August 28, 2001 Page 2 of 5 Action: Mr. Liddy read the item into the record. Mr. Morton explained that both items pertaining to Shoal Creek Properties were interelated, therefore they would be discussed simultaneously and will be voting on them separately. Mr. Lorber presented a summary of the request for the rezoning of the above- described property, from "MO" Medium- Intensity Office Use District, to the proposed zoning, the "TODD (MU -5)," Transit Oriented Development District (Mixed -Use 5) Use District. A Comprehensive Plan, Future Land Map Amendment for this project received a Planning Board ;recommendation of approval at its July 10, 2001 meeting and subsequently went before the City Commission where it received first reading approval at its July 24, 2001 meeting. The applicant is constructing a residential building with limited commercial uses on the ground floor facing SW 59t' Place. Applicants: Ines Marrero - Priegues, Esq., James Harris, Michael Getz, (Shoal Creek Properties). Mark Pollack, Rob Curtis, Ed Llorca Ms. Marrero opened the presentation summarizing the proposal, and Mr. Curtis conducted a visual presentation. _Inquiries and concerns of the Board included, but were not limited to: whether access to the garage from SW 69th Street.is the best location; the Board did not feel that the three- foot setback for the garage was reflected on the site plan; how the commercial section will be serviced; types of amenities; types of retail price range of residential units; per -unit occupancy and whether or not the proposed Mediterranean design of the building would blend in with the rest of the City. Mr. Harris stated that SW 691h Street would be the most preferable access to the garage because it is closer to the retail spaces. The applicant explained and reaffirmed to the Board that the three -foot setback for the garage has been stipulated in the revised plan. The commercial areaa will be serviced after hours. As for the exterior design of the building it is required that the applicant bring the request to the Environmental Review & Preservation Board (ERPB). The rental cost of the units will range between $800- $1,800. Ms. Marrero responded to a question on occupancy per unit that the owner will need to comply with current HUD guidelines. Speakers (residents): Cal Rosenbaum, 6101 Sunset PI Yvonne Beckman, South Miami Homeowners' Assoc. Craig Sherar Michele Hebert, 7000 SW 64th Ct Walter Harris, 7100 SW 64th Ct Michael Miller, 6796 SW 62 "d St Dean Witman, 6259 SW 70th St David Tucker, Sr., 2556 SW 78th Ter Planning Board Meeting August 28 2001 Page 3 of 3 Bexie Schwartz 6931 SW 62 °d Ct Roxanne Scalia, 6925 SW 63`d Ct Catherine Goe 6241 SW SW 68`h Street, 9210 David Landoe 6926 SW 62 °d Ct Al Elias, 7150 SW 62nd Ave Greg Oravec, CRA Director Concerns expressed by those speakers against the proposal, included but were not limited to: increase in traffic congestion; security; insufficient parking spaces; school crowding; loosing the green space; price range of rentals might be too, high;'` management; size of building; appropriate dumpsters location. Those speakers in favor of the proposal believed that such project will help revitalize the area. Motion: Mr. Comendeiro moved for approval of the request and Ms. Yates seconded the motion with the following conditions: (1) the applicant shall provide a minimum three- foot setback between the garage (north side) and the sidewalk; (2) applicant to redesign the proposed streetscape elements in order to 'conform to the Community Redevelopment Area Streetscape Plans for the area; (3) entrance to the parking garage should be moved to the west; and, (4) storefront delivery / service, to comply with City ordinances. Vote: Ayes 5 Nays 0 - PB -01 -016 APPLICANT: Shoal Creek Properties L.L.C. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE '5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR - PROPERTY LEGALLY DESCRIBED AS LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. Action: Mr. Mann read the item into the record and staff presented the request, consisting of a Special Exception Approval (1) to locate a large scale project in the "TODD (MU -5)" section; (2) provide 550 required parking spaces where a total of 585 spaces are required; and (3) maintain a 0 (zero) foot building line front set back where a 20 (twenty) foot building line setback above the 4th floor of the building is required. Planning Board Meeting` August 28, 2001 Page 4 of 5 At this point, the Board, staff and the applicant discussed the above proposal. Applicants: (Same as listed under PB 01 -015 above). Speakers (Residents): (Same as listed under PB 01 -015 above). Motion: Mr. Comendeiro moved to approve the special exceptions: (1) to construct a' large scale development use in a TODD district; (2) to allow a total of 550 required parking spaces; and (3) to waive the 20' building line setback at the 5th and 6th floors. Ms. Yates seconded the motion. Vote: Ayes 4 Nays I (Mr. Liddy) PB -01 -012 APPLICANT: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE ",SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. At this point, Mr. Comendeiro requested that the item be deferred. Motion: Mr. Comendeiro moved to defer the request and Mr. Man seconded the motion. Vote: Ayes` 2 Nays 3 (Mr. Liddy, Mr. Morton and Ms. Yates) Action: The motion to defer this item failed, therefore the Board proceeded to discuss the proposal, which will place the appropriate restrictions and requirements on various _types of car wash activity. On July 24, 2001, the City Commission initiated the process, directing staff to prepare a draft ordinance for review by the Planning Board and the City Commission. Speakers: Marcia Tabares and Don Smith, Wash World Robert Shapiro, Esq. Planning Board Meeting August 28, 2001 Page 5 of 5 The Board, staff and the speakers briefly discussed the proposed ordinance, which has been revised as per the Planning Board recommendations at its - meeting -of August 14, 2001, addressing mobile car wash services as permitted and special uses in the appropriate zoning districts, and setting additional conditions of operation. Motion: Mr. Mann moved to approve the re quest and Mr. Liddy seconded the motion. Vote: Ayes 5 Nays 0 Mr. Lorber reminded Mr. Shapiro that since acting as a lobbyist he needs to register with the City Clerk as soon as possible. V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of August 14, 2001. Vote: Ayes 5 Nays 0 VI Discussion Items There were no discussion items. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adourned the meeting at approximately 11:06 PM: RGL /mmm K: \PB \PB Minutes\2001 Minutes \MINS 08- 28- Ol.doc Lor a I MM. Lor1s Lor 16 LOr 17 LOT is LOT 19 1 I .s _, :.;' • "° ; ( S W. 69TH .*STREET, - _ (p1BUCl1T EI uxai • aA/aol. — -- -� I Y e�6 ns.n, : -r LOT 1 + n ��t- :'v,::.,. °' I 1 J loT 19 I LOT 12 I _ �.1AT1L `LOTTO I LOTS Lore uj I REALTY SECURITIES CO fORATION- STQIWNSITE OF LARI�INS PLAT BOOK I2 PAGE 105 uj I �-.:.. I 1 i ,�f'31 I r3 "` I •-..•, � l o` . � i - LOT 14 LOT 15 ,. 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Scurr RE: Agenda Item # City Manager LDC Text Amendment TODD LI -4 Uses Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO ANAMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE ", SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE " TODD- (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN 'EFFECTIVE DATE. BACKGROUND & ANALYSIS The City Commission at its July 24, 2001 meeting adopted Resolution No. 105 -01 -11253 requesting the Planning Board to consider amending the LDC in order to reinstate certain light industrial uses as permitted uses in the TODD (Light Industrial —4) zoning district. In 1997 the City adopted an amendment Section 20 -8 of the Land development Code which established a new zoning district entitled TODD, Transit Oriented Development District The TODD also replaced the `I', Industrial zoning district. A section of new regulations contains a description of the commercial uses which would be allowed within the TODD and a reference to 13 light industrial type uses which would not be allowed. Unfortunately the legislation adopted at that time did not provide that these uses could continue to be located in the new industrial zone, now called the TODD- (LI -4). This oversight has effectively eliminated a number of light industrial uses from locating in any zoning district within the City. LDC Amendment TODD Permitted Uses October 2, 2001 (2) Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however the schedule shows that they can not be located in any zoning district. Automobile rental agency Automobile repair and body shop Automobile upholstery and top shop Automobile washing /detailing operations Billiard parlor Carpet cleaning service Lawn maintenance services Radio and television repair shop Re- upholstery and furniture repair services Taxidermist Pest control services Used merchandise Store: vehicle parts Contractor plant and storage It is important to note that all of the above uses prior to the 1997 TODD ordinance were previously listed as permitted uses in the same industrial area. In addition some of these uses are currently existing, which has resulted in a severe hardship for property owners and business owners who want to expand, renovate or renew their licenses and certificates of use. The Planning and Zoning Department discovered this technical error last year while updating the format of the Permitted Use Schedule. The City's Zoning Task Force recognized this problem and as part of its Permitted Use Schedule policy decisions, has recommended re- instatement of the 13 uses into the TODD industrial zoning district. It was felt that this situation would be corrected as part of the final product (revised LDC), of the Zoning Task Force, however, that product may require several more months before it reaches - the ordinance adoption stage. Based upon the hardships involved and the fact that this is a technical correction, it is appropriate that the LDC be amended as soon as possible. The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment. The motion to approve was made by Mr. Comendeiro and seconded by Mr. Morton. The motion was adopted by a vote of 4 ayes and 3 nays (Mr. Liddy, Mr. Mann and Mr. Illas). The City, Commission at its September 18, 2001 approved the proposed ordinance on first reading. The subject amendment was subsequently discussed at a joint City Commission/Zoning Task Force public Workshop held on September 25, 2001 The discussion indicated that the original objective of the TODD area charrette was to discourage the continuation of these types of industrial uses in the area. It was suggested that these uses could be re- instated, however, they would be classified as special uses allowing for public hearings and City Commission approval prior to any expansion or renewal of the uses. The attached second reading ordinance has been modified to reflect discussions at the workshop. The ordinance contains two amendments necessary to address the situation as described above. The first is an amendment to the Permitted Use Schedule( Section 20- 3.3(D) in order to show that each of the 13 light industrial uses as (S) special uses in the TODD (LI -4) Zoning District. A second amendment is proposed for the TODD Zoning district regulations (Sections 20 -8.5, and 20 -8.7). This would remove the reference which eliminates these uses from locating anywhere in a TODD district.. LDC Amendment TODD Permitted Uses October 2, 2001 (3) RECOMMENDATION It is recommended that the attached draft second reading ordinance , as modified, be approved. Attachments Draft ordinance Resolution No. 105 -01 -11253 Public notices Planning Board Minutes, 8 -14 -01 CS/RGL /SAY D: \Comm Items\2001 \10- 2- 01\LDC Amend -TODD LI4 report.doc ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF 5 SOUTH MIAMI, FLORIDA RELATING TO ANAMENDMENT OF THE CITY OF 6 SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 (D) 7 ENTITLED "PERMITTED USE SCHEDULE ", SECTION 20 -8.5 ENTITLED 8 "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL 9 USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE 10 CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD - 11 (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) 12 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR 13 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the Planning and Zoning Department in conjunction with the Zoning Task Force 17 has initiated a program to update, clarify, and improve the provisions of the City's Land Development 18 Code; and 19 20 WHEREAS, in 1997 the City adopted an amendment Section 20 -8 of the Land development 21 Code which established a new zoning district entitled "TODD ", Transit Oriented Development District; 22 and 23 24 WHEREAS, a section of the TODD regulations contains a description of the uses allowed 25 within TODD commercial areas and a reference to certain light industrial uses which would not be 26 allowed, however, the regulations did not provide that these industrial uses could continue to be located in 27 the new industrial zone, now called the TODD- (LI -4); and 28 29 WHEREAS, this oversight has effectively eliminated a number of light industrial uses from 30 locating in any zoning district within the City; and 31 32 WHEREAS, these eliminated uses, prior to the 1997 TODD Ordinance, were previously listed 33 as permitted uses in the same industrial area and some of these uses are currently existing , resulting in a 34 severe hardship for property owners and business owners who want to expand, renovate or renew their 35 licenses and certificates of use.; and 36 37 WHEREAS, based upon the hardships involved and the fact that this is a technical 38 correction, the Planning and Zoning Department and the Zoning Task Force have recommended 39 that the LDC be amended by the initiation of an ordinance specifically amending the 40 TODD regulations and the Permitted Use Schedule; and 41 42 WHEREAS, the City Commission at its July 24, 2001 meeting adopted Resolution No. 105- 43 01- 11253! directing the preparation and consideration of an appropriate amendment to the Land 44 Development Code; and 45 46 WHEREAS, on August 14, 2001, after Public Hearing regarding the proposed amendments to 47 Section 20- 3.3(D), Section 20 -8.5, and Section 20 -8.7 of the Land Development Code, the Planning 48 Board adopted a motion by a vote of 4 ayes and 3 nays recommending approval of the proposed 49 amendment; and 50 51 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (2) WHEREAS, based upon discussions held after the first reading, the subject ordinance has been modified to indicate that the eliminated uses would be listed in the Permitted Use Schedule as (S) Special Uses. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 Section 20- 3.3(D), entitled, "Permitted Uses," of the South Miami Land Development Code is hereby amended to read: 7n 2 2 fill 7>n,•mi4tar1 ITeP CrhPdnh- Automobile rental agency ZONING DISTRICT 11 R L M N S G T T T T T H P P C P 11 O O O R R R O O O O O I R O A 11 Automobile washing /detailing operations D D D D D N R USE TYPE Billiard parlor D D D D D D K 11 Carpet cleaning service M M L P P 11 Lawn maintenance services U U I I R 11 Radio and television repair shop 4 5 4 S Automobile rental agency S 11 Automobile repair -& Body shop S 11 Automobile upholstery and top shop S 11 Automobile washing /detailing operations S 10 11 Billiard parlor S 11 Carpet cleaning service S 11 Lawn maintenance services S 11 Radio and television repair shop S 11 Re- upholstery and furniture repair services S 12 Taxidermist S 11 Pest control services S 11 Contractor plant and storage S 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (3) RETAIL AND WHOLESALE TRADE Used Merchandise Store: Vehicle Parts Section 2 Section 20-8.5, entitled "(TODD) Commercial use" of the South Miami Land Development Code is hereby amended to read : 20-8.5 Commercial use. The following classifications, uses, and corresponding parking requirements shall be permitted with the T.O.D.D.: (A) Storefront uses, as indicated in section 20-7.12. (B) Office uses, as indicated in section 20-7.12 and all uses in the Business and Professional Services Group as indicated in section 20-3.3, except the following uses shall not be permitted: 4=======A4ty u— 114��-fily Pefmitted i4a d 1.2. Bowling alley or skating rink. Section 3 Section 20-8.7, entitled "(TODD) Light industrial use" of the South Miami Land Development Code is hereby amended to read 20-8.7 Light industrial use. The following uses are permitted in this category along with the required parking: (A) All retail and wholesale trade uses as indicated in section 20-3.3, except the following uses: i (11) Automobile dealers. (2) Boat dealers. (3) Gasoline service stations. (4) Recreational vehicle dealer. (5) Convenience store. (6) Used mefohandise, 4-hiale paxts- (B) Manufacturing and intensive uses, as indicated in section 20-3.3. i (C) Special conditions. Industrial uses are limited to the first floor only, but no higher than 20 feet. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (4) Section 4 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 .5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. hereof. ATTEST: CITY CLERK Section 6 This ordinance shall be effective immediately after adoption PASSED AND ADOPTED this READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 32001 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: NOTE: New wording underlined; wording to be removed indicated by strike - through ,J RESOLUTION NO. 105-01-11253 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE PROVIDING FOR TECHNICAL CORRECTIONS TO TODD ZONING DISTRICT AND THE PERMITTED USE SCHEDULE PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1997 the City adopted an amendment Section 20 -8 of the Land development Code which established a new zoning district entitled `'TODD ", Transit Oriented Development District; and WHEREAS, a section of the TODD regulations contains a description of the commercial uses which would be allowed within the TODD and a reference to 13 light industrial type uses which would not be allowed, however the regulations did not provide that these uses could continue to be located in the new industrial zone, now called the TODD- (L1 -4); and WHEREAS, this oversiaht has effectively eliminated a number of light industrial uses from locating in' any zoning district within the City; and WHEREAS: these eliminated` uses, prior to the 1997 TODD Ordinance, were previously listed as permitted uses in the same industrial area and some of these uses are currently existing resulting in a severe hardship for property owners and business owners who want to expand. renovate or renew their licenses and certificates of use and WHEREAS, based upon the hardships involved and the fact that this is a technical correction, it is recommended that the LDC be amended at this time by the initiation of an ordinance ;specifically amending this section of the TODD regulations and the Permitted Use Schedule. :' NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A draft ordinance, amending the Land Development Code of the City of South Miami, in order to make certain technical corrections to the TODD zoning district and to the Permitted Use Schedule, shall be prepared by City staff and brought forward to the Planning Board and to the City Commission for review and consideration. Section 2.' This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24`h day of Jul%, 2001 CITY OF SOUTH MIAMI .°' ' NC'` JOE F PU �.IC, HEARINGS - NOCE�IS HEREBY Oiven•that`the ;City Commission ofthe °City'`of "South Miami, Hearings during it§: t6dular City. Commission meeting Florida will eondUet Public Tuesday, _Ocfober 2, 2001 beginning At7:30 p m.jh the Chit Commtsslon.Chambers, 6130 Sunset Orive;,to consider the follQyUing described ordinance(s): AN ORDINANCE OF THE'MAYOR -AND7 CITY COMMISSION OF THE CITY OF FLORIDA, RELATING TO `A REQUEST TO AMEND THE CITY OF m SOUTH.MIAMI, SOUTH -MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3,3(D) "PERMITTED USE SCHEDULE" SECTION 20- 3.4(13)(5) ENTITLED w a ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20 3.4(8)(20) "MOBILE WASHANAX SERVICE" IN ORDER ENTITLED TO PROVIDE FOR AUTOMOBILE LOCATIONS RND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR FOR SEVERABILITY; PROVIDING FOR o WASH ACTIVITIES; PROVIDING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1 Reeding 9/18/01) AN ORDINANCE OF THE MAYOR AND, CITY COMMISSION OF THE CITY OF RELATING TO A REQUEST TO AMEND THE CITY OF r. SOUTH MIAMI, FLORIDA SOUTH MIAMI LAND DEVELOPMENT CODE BY. REVISING THE PERMITTED CONTAINED WITHIN' SECTION20- 4.3(1)(5) IN ORDER TO SIGN SCHEDULE' INCREASE THE MAXIMMAL OWABLE SIZE FOR AFREE STANDING +MENU BOARD; PROVIDING, FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING E:DATEI `(11` Reading � September F 18, 2001) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE.CITY OF FLORIDA, RELATING TO A REQUEST TO AMPNDTHE OFFICIAL W SOUTH MIAMI, ZONING MAP 05 THE CITY OF SOUTH° MIAMI LAND DEVELOPMENT CODE BY '`MO'; CHANGING THE ZONING 'USE DISTRICT FROM THE, MEDIUM- OFFICE DISTRICT TO "TODD {MU 5)" TRANSIT ORIENTED:- INTENSITY DEVELOPMENT DISTRICT (MIXED USE 5) "FOR AS `` LOTS 1 THROUGH 25, BLOCK PROPERTY LEGALLY 151 LARKW5- TOWNSITE DESCRIBED SUBDIVISION, SAID SITE BEING BOUNDED ON °THE SOUTH ON THE EAST BY SW 59TH PLACE, % THE"NORTH BY S.W. 70TH BY SW 69TH STREET, STREET, AND ON THE WEST BY SW 61ST'AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.,(1 st Reading -September 18, 2001) ; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED -USE SCHEDULE ". SECTION 20 8.5 ENTITLED "COMMERCIALSUSE ", AND SECT ENTITLED "LIGHT 'INDUSTRIAL USE ', IN ORDER TO MAKE TECHNICAL CORRECTIONS OF EXISTING PERMITTED INDUSTRIAL THAT WOULD ALLOW USES IN THE _ THE' CONTINUATION "TODD- (Lt -4) "" TRANSIT INDUSTRIAL -4) ZONING ORIENTED DEVELOPMENT DISTRICT; PROVIDING 'DISTRICT (LIGHT FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (is' Reading -, September 18,-2010.1). AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF FLORIDA RELATING `0 AN AMENDMENT TO THE CITY OF SOUTH .MIAMI, SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- IN ORDER TO ELIMINATE HE1GHT.LIMITS FOR HEDGES AND VINES 3.6(H)(2) USED AS FENCING, SCREENING OR .LANDSCAPING;, PROVIDING FOR AN FOR EFFECTIVE DATE. PROVIDING FOR, SEVERABILITY; PROVIDING CONFLICT; AND AN EFFECTIVE DATE. (1st ORDINANCES?IN Reading - September 18i 2001) Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular this item should be directed to the Planning Department office hours. Inquiries concerning at: 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, -CMC City Clerk City of south Miami Pursuant to, Florida Statutes 286.0105, the by advises She public that if a person decides to appeal any decision made, by this Board Agency or Commission Al wth respect to an MU r considered at its meeting or bears, he or she will may need to ensure that a verbat m record of need a record of tbe.proceedmgs, and that for such purpose, aitacted person the proceedings is made which record includes the testimony and evidence upon which the appeal is to be basod. CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14, 2001 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Ms. Brenda J. Yates' was sworn in as a new Planning Board member. Board members present 'constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, . Mr. Morton,` Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -012 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow the existing permitted use to be located in several of the office and commercial zoning districts, and in the SR Specialty Retail "Hometown zoning district. Planning Board Meeting August 14, 2001 Speakers (Residents): David Tucker, Sr., Douglas Adams and George David The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance. Several concerns were raised by the Board and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns; running soapy water out of the establishments and down the streets; the impact on stormwater facilities resulting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100 - 200 ft); the operational hours and days; introduction of transient population into the neighborhood; the noise originated by the air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The Board questioned whether the ordinance could self- destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible amendments to the proposed ordinance (with regard to the mobile vendors), which included: hours of operation from 9:00 AM to 5:00 PM; twice a week including Saturdays; Sundays prohibited; a clause to clarify that the provisions: of this ordinance would not apply to residential areas, however, car wash operations only be for the benefit of the occupant of the property. Motion:: Mr. Morton moved to defer the request in order for staff to rework on the proposed ordinance as per the discussions and suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5)' IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FORA FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr.`Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq.' ft. to 44' sq. Ft. Staff noted that the proposed 2 Planning Board Meeting August 14, 2001 changes will have a citywide impact. Staff clarified that the existing 7.5 feet in height would not change. Applicant present: David J. Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers. The speakers also questioned the possibility of additional increase in the size of the sign in the future. The applicant explained the 'importance of this ordinance which will allow them to introduce an improved type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new sign will greatly improve communication in processing the drive -thru orders, reducing the need for the use of the loud speaker, and making the entire process much more effective. Motion: Mr. Mann moved for approval of the request and Ms Yates seconded the motion. Vote: Ayes 5 Nays 2 (Mr. Mann and Mr. Illas) PB -01 -014 APPLICANT: 1909 Cafe, Inc. REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO A 'REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GR GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mr Mann read the request into the record and staff presented the item relating to a request pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code for a Special Use approval to locate a general restaurant 1909 Cafe" in the "GR" General Retail Zoning Use District. The above - referenced Section of the LDC provides that special uses must be approved by the City_ Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces and trash collection. The applicant emphasized that the restaurant strictly serves cold sandwiches with no cooking involved, therefore the trash generated from the establishment mainly consists of disposable dinnerware. 3 - """'- --� -- .gym- .,_ -r-.- Motion: Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms. Gibson seconded the motion. Vote: Ayes 7 Nays 0 PB -41 -017 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 202.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5. ENTITLED "COMMERCIAL USE ", AND 'SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami Land Development Code (LDC) in order to make technical corrections that would allow the continuation of existing; permitted industrial uses in the "TODD- (LI -4) Transit Oriented Development District (Light Industrial -4). With the adoption- of an amendment to the LDC in 1997 which established a new zoning district (TODD), a number of light industrial uses were eliminated from locating in any zoning district' within the City. Staff noted that the 'City Commission by Resolution No. 105 -01 11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC in order to reinstate the light industrial uses as permitted uses in the TODD (LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same recommendation as proposed by staff. Speaker: David Tucker, Sr. The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below) recommended for reinstatement, specifically those that use chemicals. Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however the schedule shows that they can not be located in any zoning district. Automobile rental agency Radio and television repair shop Automobile repair and body shop Re- upholstery and furniture repair -services Automobile upholstery and top shop Taxidermist 4 Planning Board Meeting August 14, 2001 Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet, cleaning service Contractor plant and storage Lawn maintenance services Motion: Mr. Comendeiro moved approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Illas requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the original motion to approve the staff s recommendation. Vote: Ayes 4 Nays 3 (Mr. Liddy, Mr. Mann and Mr. Illas). PB-01 -018 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI'LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED "PHYSICAL BARRIERS- HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Liddy read the request into the record and staff presented` the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing for ornamental vegetation to extend' over six (6) feet in height above grade in any required yard. The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing <the hedges to grow to an unlimited height, specifically along the front line of the property. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker: David Tucker, Sr. Motion: Mr. Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2) no limit on the height of the hedges for the rear and the sides of the property. Mr. Illas seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Liddy) 5 Planning Board Meeting August 14, 2001 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of July 10, 2001. Vote; - Ayes 7 Nays 0 VI. Discussion Items The Chairman announced that the next Planning Board meetings are scheduled for August 28'h and September 1'1th, 2001. Staff noted that the September 11`t' meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25`h is the tentative date for the joint Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission. - VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10 :25 PM. R Lfm nm K:1PBIPB Minutes12001 Minutes` ,NSNS 08- 14- 01.doc 6 South Miami -Sou7r, F I o r 1 d a INCORPORATED 2001 1927 0 R1 Excellence, Integifty, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: October 2, 2001 and City Commission From: Charles Scurr Re: Agenda Item City Manager Adopting a Cash Management of 10% of al-�,00 FY 2002/2003 Budget REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRES 10% OF THE BUDGET TO BE MAINTAINED AT ALL TIMES BY THE CITY AS CONTINGENCY RESERVES FUND TO BE USED SOLELY FOR CATASTROPHES OR OTHER UNSCHEDULED EMERGENCIES; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina adopts a Cash Management Policy that requires 10% of the budget to be maintained at all times by the City as Contingency Reserve Fund, starting with FY 2002/2003 Budget. In 1996, the City Commission by Resolution No. 77 -96 -9831, adopted a Cash Management Policy requiring $1,000,000.00 be maintained at all times. The fund served to 1. Contingency to be used only in the event of a catastrophe, such as a hurricane; and 2. Reserves for settlement of lawsuits in the event the claim is above the City's excess insurance coverage limit; and 3. Supplement to the budget for operations during the first three months of the fiscal year when tax payments are received slowly. RECOMMENDATION Approval is recommended l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRES 10% OF THE BUDGET TO BE MAINTAINED AT ALL TIMES BY THE CITY AS CONTINGENCY RESERVES FUND TO BE USED SOLELY FOR CATASTROPHES OR OTHER UNSCHEDULED EMERGENCIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, when the City's Comprehensive Financial Report was issued for FY 1994/95, the Auditors, Sharpton, Brunson & Company recommended the creation of a Contingency Reserves Fund to be funded from the cash carryover balance in the General Fund; and WHEREAS, at that time City Administration reviewed the Auditor's recommendation and considered it to be feasible and beneficial to the City's financial stability; and WHEREAS, the Contingency Reserves Fund was created with a balance of $1,000,000.00 to be maintained at all times and adopted a policy that would restrict the use of this fund to catastrophes and other unscheduled emergencies. WHEREAS, the Mayor and City Commission desire to change the policy to provide for a Contingency Reserves Fund in the amount of 10% o of the Budget. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. A Cash Management Policy is hereby adopted to provide for a Contingency Reserves Fund balance in the amount of 10% of the Budget. Section 2. This resolution shall take effect with the FY 2002/2003 Budget. PASSED AND ADOPTED this day of 92001. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ever-striking. RESOLUTION NO 77 -96 -9831 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRES $1,000,000.00 BE MAINTAINED AT ALL TIMES BY THE CITY AS CONTINGENCY RESERVES FUND TO BE USED SOLELY FOR CATASTROPHES OR OTHER UNSCHEDULED EMERGENCIES. WHEREAS, the City Auditors, Sharpton, Brunson & Co., has completed the audit of the City financial transactions for 1994/95 fiscal year, and issued the Comprehensive Annual Financial Report for the same year; and WHEREAS, as part of their responsibilities for recommending improvements to our accounting control and evaluating the financial soundness of the,City, the Auditors have recommended the creation of Contingency Reserves Fund to be fu ded- from the cash carryover balance- in the GtiF ,jai Fur. {d ai;�x WHEREAS, the City Administration has reviewed the Auditors' recommendations, and considers it to be feasible and beneficial to the City financial stability; and WHEREAS, the City Manager is recommending the creation of Contingency Reserves Fund with a balance of $1,000,000.00 to be maintained at all times and adoption of policy that will restrict the use of this fund to catastrophes and other unscheduled emergencies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission concurs with the recommendation of the City Manager to create a Contingency Reserves Fund, and adopts a policy that will restrict its use to catastrophes and unscheduled emergencies. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission DATE: April 11, 1996 C' FROM: Eddie Cox, City Manager RE Agenda .Item #L4 Commission Meeting April 16, 1996 - Contingency Reserves Fund The attached resolution authorizes the creation of $1,000,000 Contingency Reserve Fund, and adopts a policy of maintaining the same amount at all times by the City, as recommended by the City Auditors, Sharpton, Brunson and Company in the 1994/95 fiscal year Comprehensive Annual Financial Report. This fund will serve as: 1. Contingency to be used only in the event of a catastrophe, such as a hurricane, when emergencies develop and unexpected expenses are incurred by the City. For example, during the immediate two month- period after Hurricane Andrew, the City hurricane related expenses totaled almost $600,000. Fortunately, this two month -period was in August and September, long after the ad- valorem t;.xes have4b-m-i collected and we were able to re- arrange our expenses to accommodate the unexpected situation. Although, the Federal Government eventually reimbursed part of these expenses, the City had to pay almost $1,000,000 by itself before the first check was received from FEMA. This was a situation that could have been worst for us had the hurricane hit our City as hard as it did the City of Homestead. 2. Reserves for settlement of lawsuits in the event the claim is above our excess insurance coverage limit, which is currently $1,000,000 -a year. The City may be involved in one or two EEOC or Automobile Accident claims which might exceed this limit and require use of city funds to settle. If this happens, as things stand right now, it will definitely cause financial strain on the City and result in borrowing funds from the bank at higher interest rate in order to meet our day -to -day operations or impose higher property taxes on our taxpayers to alleviate the problem. Supplement to the budget for operations during the first three months of the fiscal year when tax payments are received slowly, and in most cases expenses are higher than revenue collections. a From the audit report, we have determined our cash carryover at the beginning of the 1995/96 fiscal year to be $1,491,399. Of this amount, $566,887 was approved by the City Commission to be used in the current fiscal year. This leaves a balance of $924,512. At the current rate of spending, it is tentatively projected that we will under- expend the budget by enough to reach the $1,000,000 goal and transfer the remainder to supplement next year's budget. In my opinion, approval of this resolution will bring financial stability to the City and allow us the opportunity to firmly determine the amount of cash reserve that should be used to balance each year's budget because any unused appropriation, or surplus generated from sound fiscal management in any given year will not be transferred to the Contingency Reserves Fund, but the budget. I strongly recommend approval. 0 Section 2 That the funding for creation of the reserve fund be taken from the General Fund cash carryover balance. Section 3. That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this 16th day of April 1996. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO.FORM: t CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Price: Yea TO: Mayor and City Commission FROM: Charles D. Scurr City Manager The Request DATE: September 26, 2001 Re: AGENDA ITEM #� Transfer of Actuarial Consulting Services from Watson Wyatt to Gabriel, Roeder, Smith & Company A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PENSION ACTUARIAL CONSULTING SERVICES, AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR CONTRACT WITH GABRIEL, ROEDER, SMITH & COMPANY (HEREINAFTER GRS) WITH RENEWAL OPTION FOR ADDITIONAL YEARS. Background and Analysis Recently, the City pension board made a business decision to solicit bids for actuarial services from different companies with the intention of reducing the total cost of administering the pension plan. Four companies submitted proposals in response to the solicitation. These four companies are as follows: Gabriel, Roeder, Smith & Company (Watson Wyatt) Buck Consultants AON Consulting Services Segal Company The four proposals were reviewed by the pension board members, and the representatives of each company were given the opportunity to respond to questions posed by the board members with regards to the proposals submitted. After careful deliberations, the pension board unanimously agreed to award the service contract to Gabriel, Roeder, Smith & Company (GRS). The company recently formed an alliance with Watson Wyatt. It is a private corporation that has been in business since 1938. It provides benefit consulting services to over 500 public and private sector clients nationwide with an emphasis on the public sector retirement system. Just for your information, the pension attorney concurred that GRS is a premier company in the industry. Attached with the resolution is the schedule of services that will be provided and fee to be charged by the company for the next three years. The payment of the fee will be charged directly against the pension fund bank account. RECOMMENDATION I recommend approval. —m, wm I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO PENSION ACTUARIAL CONSULTING 5 SERVICES, AUTHORIZING THE CITY MANAGER TO SIGN A THREE -YEAR 6 CONTRACT WITH GABRIEL, ROEDER, SMITH & COMPANY(GRS), WITH THE 7 OPTION FOR RENEWAL FOR ADDITIONAL YEARS. 8 9 WHEREAS, the City of South Miami employee Pension Fund currently utilizes 10 WATSON WYATT as the actuarial consulting firm and 11 12 WHEREAS, Watson Wyatt (actuaries) has advised the City that effective August 31, 13 2001, it reached an alliance with Gabriel, Roeder & Company (GRS); and 14 15 WHEREAS, the City sought to conduct a formal search for actuarial services from 16 different companies and received proposals from four of them; and 17 18 WHEREAS, the pension board reviewed the proposals submitted and interviewed 19 representatives of the four companies that responded; and 20 21 WHEREAS, the pension board has recommended that the service contract be awarded to 22 Gabriel, Roeder & Company, and the pension attorney concurred that the company is premier in 23 the industry. 24 25 NOW THEREFORE BE IT RESOLVED; BY THE MAYOR AND CITY 26 COMMISSION OF SOUTH MIAMI, FLORIDA, THAT: 27 28 Section 1 Effective immediately, Gabriel, Roeder & Company (GRS) will serve as the actuarial 29 consulting firm in accordance with the terms and conditions of the City pension plan. 30 31 Section 2 The City Manager is authorized to sign a three -year contract with the option for 32 renewals for additional years with the company for pension actuarial services. 33 34 Section 3 This resolution shall take effect immediately upon approval. 35 36 PASSED AND ADOPTED this day of October 2001. 37 38 APPROVED: 39 40 JULIO ROBAINA, MAYOR 41 ATTEST: 42 43 44 CITY CLERK 45 46 READ AND APPROVED AS TO FORM: 47 48 49 CITY ATTORNEY SCOPE OF SERVICES AND FEE PROPOSAL 1. -FIXED FEE SERVICES Based upon our experience with similar Plans and based upon our discussions, we propose a comprehensive fixed -fee services that the Boards can be expected to require. We have then determined our fees based upon our analysis of these comprehensive regular recurring services. The advantages of this fixed fee approach to the Boards include knowing in advance the annual cost for all anticipated recurring services and the ability to budget and to prevent any surprises after the work has been performed. Further, we will guarantee this fixed fee amount for two years. The fixed fee amount will be increased only by inflation as measured by the Consumer Price Index for the third and subsequent years. The fixed fee services may be summarized as follows: • Preparation and delivery of the annual Actuarial Valuation Report including attendance at a Pension Board meeting to present the results of our valuation and respond to any questions. Our report will include the following requested services: ✓ Collection and reconciliation of Member census data ✓ Recommendation of actuarial assumptions and methods, Calculation and reconciliation of actuarial value of assets, ✓ Determination of liabilities in accordance with State, actuarial and Government Accounting Standards Board (GASB) requirements, Determination of required contributions, ✓ GASB expense and disclosure exhibits (GASB #25 and #27) and ✓ Compliance with Chapters 112 and 185, Florida Statutes. • Preparation and delivery of Individual Employee Benefit Statements. We recommend that we prepare one copy to be distributed to active members and a second copy to be retained in the Plan records. • Preparation and delivery of actuarial studies to determine financial effect of plan changes or changes in actuarial assumptions or methods (up to 2 per annum), • Preparation and delivery of Actuarial Impact Statements to be filed with the State after passage of amending City Ordinances after passage at first reading but prior to passage at second reading. (up to 2 per annum), • Attendance at up to two additional Committee Meeting. • Response to any inquiries from the State relating to our Actuarial Valuation Report. • Response to auditor's confirmation request and coordination with other service providers. • Biennial, preparation of SPD financial addendum, • Triennial review of actuarial equivalence definition for determining optional forms of payment including preparation of revised option factor tables upon any update. • Review of plan experience in comparison to actuarial assumptions. • Preparation of benefit calculations for retiring or terminating employees (up to 6 per annum). • Calculation of buy -back amounts (up to 6 per annum) • Telephone conversations on pending or anticipated issues that may affect our Actuarial Valuation Report that do not result in a work assignment • Review legislation that may impact plan in coordination with Plan Attorney. • Review compliance with State and Federal regulations in coordination with Plan Attorney Our fixed fee for these comprehensive services will be $15,600 annually. We will bill for our fixed fee services quarterly at the rate of $3,900 per quarter. GABRIEL, ROEDER, SMITH & COMPANY SCOPE OF SERVICES AND FEE PROPOSAL (CONTINUED) 2. OTHER SERVICES 3. While the breadth of fixed fee services is quite comprehensive, additional services of a non- recurring nature will be based upon our hourly rates. These rates would apply to any actuarial studies or impact statements in excess of the two per annum included under the fixed fee arrangement. . Our hourly rates are determined based upon the experience and abilities of our employees. The following are our current hourly rates reflecting the South Miami Team members. • Senior Consultant and Actuary: $285 • Consultant and Actuary $150 • Analyst $125 • Administrative Assistant $ 85 Our hourly rates are quite competitive in the industry. Further, we will not increased these hourly rates for two years. In the third and subsequent years our hourly rates will be increased only by inflation as measured by the Consumer Price Index for the third and subsequent years Unlike some other firms, our hourly rates include our overhead. We do not load our fees for technical and administrative services. While we do not anticipate a volume of calculations in excess of the six each covered under the fixed fee arrangement, our fees for excess benefit calculations and buy —backs will be determined based upon hourly rates and we will agree to a not -to- exceed basis. That is, to the extent that our costs based upon our hourly rates are lower than the not -to- exceed amounts, we will bill our costs. To the extent that our costs based upon our hourly rates equals or exceeds the not -to- exceed amount, we will bill the not -to- exceed amount. We anticipate that our costs may be less than the not -to- exceed amount when verifications, calculations or buy -backs are batched (requested in groups). The following are our not -to- exceed amounts: • Benefit verifications: $150 per verification • Benefit calculations: $250 per calculation • Buy -back calculations: $275 per calculation. Our hourly rates are shown above. GABRIEL, ROEDER, SMITH & COMPANY GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries September 26, 2401 301 East Las alas Blvd. a s +jite 200 • Ft. Lauderdale, Fl 33301.954- 527.1616 • FAX 954- 525 -0063 Ms. Jeanette Enrizo- Navarro Pension Administrator General and Police Pension Funds City of South Miami 6130 Sunset Drive South Miami, Florida 33143 -5093 Tear Jeanette: As discussed, we are confirming our oral advice agreeing to an expansion of the services covered under our fixed -fee proposal. As you are aware, our initial fixed -fee proposal provided for up to two (2) actuarial cast studies plus up to two (2 ) actuarial impact statements per annum. We had prev=iously agreed to expand these services to include a total of eight (8) actuarial cost studies or actuarial impact statements in any combination during each period of two (2) years. We now confirm that we will expand ouwr fixed - fee services to include a total of nine (9) actuarial cost studies or actuarial impact statements in any combination during each period of two (2) years That is to say, for the period from date of inception (i.e.. October 1 ''Gill) to tiff ;' d anniversary of the date of inception (i.e. October 1, 2003), we will perform up to a,total of nine (9) actuarial studies or actuarial impact state rents. During the subsequent two -year period (Le. October 1, 2003 - October 1, 2005), the fixed -fee would cover nine (9) actuarial cost studies or actuarial impact statements in any combination. For example, `. during the two year period, the Board could request six (6) actuarial cost studies and three (3) actuarial impact statements, or some other combination totaling nine (9), without incur ing additional fees. We trust that the Pension Boards and City will find our clarification worthwhile. We remain excited about the opportunity to work with you. Sincerest regards, Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; RESTRICTING THE SCHEDULING OF SPECIAL AND PUBLIC MEETINGS OR WORKSHOPS ON DAY BEFORE OR AFTER A REGULAR SCHEDULED CITY COMMISSION MEETING; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina restricts the scheduling of Special, Public and Workshop meetings before or after a regular scheduled City Commission meeting. RECOMMENDATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; RESTRICTING THE SCHEDULING OF SPECIAL AND PUBLIC MEETINGS OR WORKSHOPS ON DAY BEFORE OR AFTER A REGULAR SCHEDULED CITY COMMISSION MEETING; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission of the City of South Miami acknowledge that in its ongoing effort to establish and foster optimistic community relations by and between the City of South Miami and its citizens it is very important that the Commission conduct the City's business in an atmosphere conducive to addressing critical issues at hand; and WHEREAS, in the context of this assenting and positive action a restriction is hereby imposed on the scheduling of Special and Public meetings or workshops on day before or after a regular scheduled City Commission meeting; and WHEREAS, it should be noted that it is the intent of this Body to cultivate pro- active relationships with its constituents by having the City Commission deal with the City's business in a productive manner. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the scheduling of Special and Public meetings or workshops on the day before or after a regular scheduled City Commission meeting is hereby restricted. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of )2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by everstr-iking. u . ,.. .-- -.- -°- ,�_- .'...°.•�,.. '�'.' '3Fn^'°', y:;_T"^.s?'K......,.: .....:i, h, 'TJ _°xy'- --�rs'T -'-=m ^.""^p- -°°'.r - To: Honorable Mayor Date: September 28, 2001 and City Commission From: Charles D. Scurr 4400y Subject: Agenda Item #O City Manager fao Commission Meeting 10/02/01 Acceptance of EDA grant REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A GRANT FROM THE US DEPARTMENT OF COMMERCE'S ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) IN AN AMOUNT UP TO $800,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ` APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami submitted a grant application to the US Department of Commerce's Economic Development Administration for road and drainage improvements to the City's Downtown Business District. The Economic Development Administration strives to generate jobs, help retain existing jobs, and stimulate industrial, technological and commercial growth. It has been shown that correcting problems of inadequate infrastructure in business areas facilitates the retention and expansion of existing businesses and encourages the establishment of new businesses, thus saving existing jobs and providing additional job opportunities. The total project cost for the stormwater /street portion of the CBD redevelopment is estimated to be $1,663,541. The EDA will fund up to $800,000 of the project's costs, with the City funding the other portion of the costs (up to $863,541). These matching funds may come from a variety of sources. The City is considering using a portion of the $1,400,000 grant allocated via the Florida Legislature in fiscal years 2000 ($400,000) and 2001 ($1,000,000) as well as from the upcoming 2002 session. A funding plan for the CBD project, including this component, will be developed and presented to the Board at the end of the calendar year. The attached resolution would allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. RECOMMENDATION Your approval is recommended. /<1 I RESOLUTION NO, 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 5 ACCEPTANCE- OF A GRANT FROM THE US DEPARTMENT OF 6 COMMERCE'S ECONOMIC DEVELOPMENT ADMINISTRATION 7 (EDA) IN AN - AMOUNT' UP TO $800,000; AUTHORIZING THE CITY 8 MANAGER TO EXECUTE APPLICABLE CONTRACTS AND 9 DOCUMENTS ;' AND PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the Economic Development Administration strives to generate jobs, 12 help retain existing jobs, and stimulate industrial, technological and commercial growth 13 in American communities; and 14 15 WHEREAS, the City of South Miami submitted an application for funding in 16 order to correct drainage and road improvement issues in the Downtown Shopping 17 District, thereby, encouraging the retention of existing businesses as well as the creation 18 of new job opportunities; and 19 20 WHEREAS, the EDA awarded the City of South Miami $800,000 for its grant 21 application, and the City will accept EDA funding as matching funds become available 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI: 25 26 Section 1. The City Manager is authorized to accept an EDA grant 27 award for $800,000. 28 29 Section 2. The City Manager is authorized to execute contracts and 30 documents applicable to the acceptance of the EDA grant. 31 32 Section 3. This resolution shall take effect immediately upon arrival. 33 34 PASSED AND ADOPTED this 35 36 ATTEST: 37 38 39 CITY CLERK 40 41 42 READ AND APPROVED AS TO FORM: 43 44 45 46 47 CITY ATTORNEY day of , 2001. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: Mr. Charles D. Scum City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Scurr: We are pleased to inform you that the Economic Development Administration (EDA) has approved 'a Financial Assistance Award in an amount not to exceed $800,000 issued pursuant to your application, for Federal assistance for road and stormwater drainage infrastructure improvements. The total project cost is $1,663,541, which is based on the line item estimates contained in Attachment No. 1. Enclosed are three signed copies of the Financial Assistance Award. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on all of the signed copies of the Financial Assistance Award. Two of the to the Director, Atlanta Regional Office, Economic Development Administration, Suite 1820, 401 West Peachtree Street, N. W., Atlanta, Georgia 30308- 3510. You are cautioned not to make any commitments in reliance on this award, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith. Any commitments or undertakings entered into prior to obtaining the approval of the Government in accordance with its terms and conditions will be at your own risk. Sincerely, 4 L William J. Day, Jr. Director, Atlanta Region Enclosures �..: FORM CD -450 U.S. DEPARTMENT OF COMMERCE ® GRANT ❑ COOPERATIVE AGREEMENT (,REV 10,98) AccouNTlNC coop FINANCIAL ASSISTANCE AWARD RECIPIENT NAME AWARD NUMBER City of South Miami 04-79-55023 STREET ADDRESS FEDERAL SHARE OF COST 6130 Sunset Drive $ 800,000 CITY, STATE, 'ZIP CODE NT SHARE OF COST South Miami, Florida 33143 863,541 AWARD PERIOD TOTAL ESTIMATED COST From date of award approval to 31 m i n I hs a I tan r a ro a a $ 1,663,541 AUTHORITY 42 U.S.C. Section 3149 CFDA NO. AND PROJECT TITLE 11.307 Economic Adjustment Program / City of South Miami Downtown District This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed_a returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terming Department of Commerce Financial Assistance Standard Terms and Conditions Special Award Conditions El Line Item Budget ❑ 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non - Profit, and Commercial Organizations El 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments El OMB Circular A -21, Cost Principles for Educational Institutions ® OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A -122, Cost Principles for Nonprofit Organizations El 48 CFR Part 31, Contract Cost Principles and Procedures KI OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations Other(s) EDA Standard Terms and Conditions - Construction Program, dated March 1999 C MNIE CE GRANT,G-OfF-ICER SIGNATURE OF DEPA,R��VI,E `OrF R, TITLE D T �j Director, Atlanta Region A TYPED NAME AND SIGNATUREE F AUTHORIZED RECWIENT OFFI IAL TITLE DATE Charles Scurr City Manager FORM CD -450 U.S. DEPARTMENT OF COMMERCE ® GRANT ❑ COOPERATIVE AGREEMENT (REV 10/98) ACCOUNTING_ CODE FINANCIAL ASSISTANCE AWARD RECIPIENT NAME AWARD NUMBER City of South Miami 04 -79- 55023 STREET ADDRESS FEDERAL SHARE OF COST 6130 Sunset Drive $ 800,000 CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST South Miami, Florida 33143 $ 863,541 AWARD PERIOD TOTAL ESTIMATED COST From date of award approval to 31 months after award approval $ 1,663,541 AUTHORITY 42 U.S.C. Section 3149 CFDA NO. AND PROJECT TITLE 11.307 Economic Adjustment Program / City of South Miami Downtown District This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. ❑ Department of Commerce Financial Assistance Standard Terms and Conditions ® Special Award Conditions ❑ Line Item Budget ❑ 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non - Profit, and Commercial Organizations ® 15 CFR Part 24, Uniform Administrative Requirements for Grants and, Agreements to State and Local Governments ❑ OMB Circular A -21, Cost Principles for Educational Institutions ® OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments ❑ OMB Circular A -122, Cost Principles for Nonprofit Organizations ❑ 48 CFR Part 31, Contract Cost Principles and Procedures ® OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations ® Other(s) EDA Standard Terms and Conditions - Construction Program dated March 1999 SIGNATURE OF DEPARTMENT -OF C6MiV RCE GRANTS-QFR.CER TITLE DATE Director, Atlanta Region =° TYPED NAME AND SIGNATURE OF/AUTHORIZED RECI'IENT OFFICIAL TITLE DATE Charles Scurr City Manager ...T";' »a.., f, ",- .- �-�"±, ,� [• ,r"^'�1ii e�.YT�'.'°,'%sdi Y a,?. „.."!'.>. ;k �`+`,`35s"+ �f4en°'';�.`"'�r y = -=-r -° FORM CD -450 U.S. DEPARTMENT OF COMMERCE ® GRANT ❑ COOPERATIVE AGREEMENT (REV 10198) ACCOUNTING CODE FINANCIAL ASSISTANCE AWARD RECIPIENT NAME AWARD NUMBER City of South Miami 04 -79 -55023 STREET ADDRESS FEDERAL SHARE OF COST 6130 Sunset Drive $ 800,000 CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST South Miami, Florida 33143 $ 863,541 AWARD PERIOD TOTAL ESTIMATED COST From date of award approval to 31 months after award approval $ 1,663,541 AUTHORITY 42 U.S.C. Section 3149 CFDA NO. AND PROJECT TITLE 11.307 Economic' Adjustment Program / City of South Miami Downtown District This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three_ documents, the Recipient agrees to comply with the Award provisions checked below. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. El Department of Commerce Financial Assistance Standard Terms and Conditions ® Special Award Conditions Line Item Budget ❑ 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non - Profit, and Commercial Organizations ® 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments ❑ OMB Circular A -21, Cost Principles for Educational Institutions ® OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments ❑ OMB Circular A -122, Cost Principles for Nonprofit Organizations ❑ 48 CFR Part 31, Contract Cost Principles and Procedures ® OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations ® Other(s) EDA Standard Terms and Conditions - Construction Program, dated March 1999 SIGNATURE OF DEPARTMENT F-90M R ROE GRANTS OFFI k, TITLE DATE Director, Atlanta Region _ TYPED NAME AND SI NATURE O AUTHORIZED RECIPIENT OFFICIAL TITLE DATE I Charles Scurr City Manager EXHIBIT "A" U. S. DEPARTMENT OF COMMERCE Economic Development Administration Public Works and Development Facilities Award No.: 04-79-55023 Recipient: City of South Miami, Florida SPECIAL AWARD CONDITIONS 1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Time allowed after Receipt of Financial Assistance Award for: Return of Executed Financial Assistance Award ..... 30 days Start of Construction ... 12 Months from Date. Arad of g_r_a_ rit '---'n-o-n--s-t-r-u--c-t-T7n— Period. ...... 18 months Project Closeout - All Project closeout documents including final financial in:C6-rmiME16�n and any required program reports shall be suLMiLtoto the Government not more than 90 days after the date T�he Recipient accepts the cID11 . eted ..... "contractor (s- The Recipient shall pursue diligently the development of the Project so as to ensure completion within this time schedule. Moreover, the Recipient sha -zoJ-jLy-J,-bg-0_overnment in writing -j" of any event which could delay substantially the achievement —tTre--T-ioJect within the prescribed time limits. TFffEe—`RE=1p1—ent evelopment time ,schedule may result in the Government's taking action to terminate the Award in accordance with the regulations set forth at 15 CFR 24.43 (53 Fed. Reg. 8048-9, 8102, March 11, 1988). 2. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: D a latent of _Labor _L2_q1&lations set forth in 41 CFR 60-4 establish qowls and timetables for—participation of minorities and women in the to I erally b d == assisted construction contracts in excess of $10,000. The Recipient shall comply_with these regulations and shall obtain employed in the completion of the Project by inc 'notices, clauses and isio�is in the Sol-i=MT- -rT` ids as reauired bv 41 CFR 60 The o 1 patioln . rs shall be as follows: From April 1, 1981 until further _pp-t_jce. 6.9 percent Special Conditions EXHIBIT "All Page 2 Award No 04 -79 -55023 3. 4. 5. All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60 -4.6, or any successor regulations, shall hereafter be incorporated by reference into these, Special Award Conditions. Goals for minority participation shall be as prescribed by Appendix B -80, Federal Register, Volume 45, No. 194, October 3, 1980, or subsequent publications. The Recipient shall include the "Standard Federal Equal EmRloyment Opportunity Construction Contract Specifications" (or cause them to be included, if appropriate). in all Federally assisted contracts e.� and subcontracts. The goa s and timet, d ables for minority and emal,e participation may not be less than those published pursuant to 41 CFR 60 -4.6. AUDIT REQUIREMENTS: Applicable audit requirements are contained in OMB Circular A -133. Any references to audit requirements contained in 15 CFR Part 29a and 15 CFR 29b in the terms and conditions governing this project are replaced by OMB Circular A -133. PERFORMANCE MEASURES: The grantee agrees to report on core program performance measures and project outcomes in such form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act of 1993. The performance measures that presently apply to this project are identified in the exhibit entitled EDA Core Performance Measures. EDA will advise the grantee in writing within a reasonable period prior to the time of submission, in the event that there are any modifications in the performance measures. REPORT ON UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of more than $100,000 whose grant has not been fully disbursed as of the end of each reporting period are required to submit EDA annually on the status of i relb�'r The 'report will provle information on the amount of allowable project expenses that have been incurred by the Recipient but not claimed for reimbursement as of the end of the reporting period. The report will be as of September 30 of each year and must be a'� t er inal must ... an payment is made b EDA. The report shall be submitted to 1-1 �. DA no r than e 30 of each ear. Noncompliance wl h i.s requirement will result in the suspension of EDA grant disbursements. Standard Form 269A, Financial Status Report, will be used for this purpose. Instructions for completing and filing the report will be furnished to the Recipient at least 60 days before the report is due. ,,.,.. Special Conditions EXHIBIT "A11 Page 3 Award No. 04 -79 -55023 6. FEDERAL SHARE OF PROJECT COSTS: The EDA participation in total eligible project costs will be limited to the EDA grant amount or the EDA share of total allowable project costs based on the area's grant rate eligibility at the time of award, whichever is less. 7. ENGINEERING CERTIFICATE /CERTIFICATE OF TITLE:', The Recipient, prior to Solicitation of bids for construction of this Project, shall furnish to the Government an acceptable Engineering Certificate showing all lands, rights -of way and easements necessary for construction of this Project along with an acceptable Certificate of Title on said lands, rights -of way and easements showing good and merchantable title free of mortgages or other foreclosable liens. 8. CONSTRUCTION START: If significant construction (as determined by EDA) is not commenced within two years of approval of the project or by the date estimated for start of construction in the grant award (or the expiration of any extension granted in writing by EDA) whichever is later, the EDA grant will be automatically suspended and may be terminated if EDA determines, after consultation with the grant recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. 9. ENVIRONMENTAL: Prior�v„ts� xv� t -ati n_n_f:r��-the.,ftecien shall furnish evidence satisfactory to the Regional cer REO that the US Arm Corps of En inee " nvirQn ent �Of ? o�_a RaQ)� ,r-,�.�_ ,.. __.�_N, _._ W.u.,.. 1' ?_ _ .�.r w �s mitigation set forth b that -, moans a f The Recipient sh evi ence that all mti ation s u'a e in epartment'o� Environmental Protection or Water for 10. ENVIRONMENTAL: P shall furnish evi nvironme, nt_Of ministration (N eci cati "on s s. thisro� ect h`as�een ac " tation for bids, t satisfactory to the Regi IREQ) t U S _Fish afal Oceanic and Atom ave annroved the fina p > furnish lent Recipient Wildlife heric s anc Form ED -508 U.S. DEPARTMENT OF COMMERCE ATTACHMENT NO. 1 (Rev. '3/89) ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS EDA Award No. 04 -79 -55023 Stater Florida County: Miami -Dade Cost Classification Proposed Approved Administrative and legal expenses $ $ Land, structures, and rights -of -way appraisals, etc. Relocation expenses and payments (Cost incidental to transfer of titles) Architectural and engineering fees Other architectural and engineering fees Project inspection fees and audit Demolition and removal Construction 1,512,310 1,512,310 Equipment Contingencies 151,231 151,231 TOTAL PROJECT COSTS $1,663,541 $1,663,541 Remarks: 11/24/99 ECONOMIC DEVELOPMENT AD -NffNISTRATION CORE PERFORMANCE MEASURES Section 201 Public Works and Development Facilities and Section 209 Construction Grants Outcomes reported ai project completion: 1. Construction schedule met: a. construction start date b. construction finish date _'. Local & Sate matching dollars for the EDA project. Outcomes reported a project completion and at three and six years after project completion. 3. Permanent jobs created or retained. 4. Private sector dollars leveraged. 5. Additions dollars leveraged (local, state and other federal). 6. Increase in local tax base (actual or by multiplier). 7. Local capacity improved: Grantee self- evaluation (1 to 10, with 10 = best): a. Crated infrastructure to support economic development b. Created infrastructure to stimulate private investment c. Stabilized and maintained the local economic base d. Diversified the local economy e. Other benefits not easily quantified (specify-) MARCH, 1999 Exhibit "B" U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title 11 Public Works and Development Facilities and Economic Adjustment Construction Components Page INTRODUCTION....... ...... --- ..................................................................... 1 A. STATUTORY AND EXECUTIVE ORDER REQUIREMENTS ........... ................... 1 B. FINANCIAL REQUIREMENTS ........... ...................................................... 5 1. Financial Reports .. ........... ............................................... ...... 5 2, Award Payments ........................... 6 3. Federal and Ncn-Federal Snaring ..................................................... 6 4. Budget Changes a-d Transfe• of Funds Among Categories ...... .... ..... 7 5. Indirect Costs . .................................................... - .................. 7 6. Incurring Costs cr Obligating Federal Funds Beyond the Expirat'--n Date. 8 7. Tax Refunds ... - ................. .................................................... 9 8. Incurring Costs Prior to Awarc ................................... ...................... 9 C. PROGRAMMATIC REQUIREMENTS ............................................................ 9 1. Reporting Requiements ............................ a .............................. ....... 9 2. Unsatisfactory Performance .................................. .................. ....... 10 3. Programmatic C�anges ....................................................... ...... 12 4. Other Federal Awards with Smilar Programmatic Activities ...... ........... 12 5. Program Income ..................................................................... — ...... 12 6. Use of Third Pates to Solicit or Secure This Award ............... ............ 13 7. Consultant and Attorney's 'Fees .......................................... .......... 13 8. Member of Congress/Residert Federal Commissioner Restrictic ... 13 9. Hold Harmless Requiremer, ................................. ................ ....... 13 % Alienation Restriction ......................................................... ............ 14 ii 11. Taxpayer Identification Number Requirement ............ ................... 14 D. NON - DISCRIMINATION REQUIREMENTS ................... ............................... 14 1. Statutory Provisions ....................................... ............................... 14 2. Other Provisions ............................................ ............................... 15 E. AUDITS ................................................................... ............................... 15 1. Organization -Wide and Project Audits ............................................... 15 2. Audit Resolution Process .................... .. ...............:............... 16 F. DEBTS ............................. ............ .... . ... .................................... 17 1. Payment of Debts Owed the Federal Government ............. I................ 17 2. Late Payment Charges ................................... ............................... 17 G. NAME CHECK .............. ............................................. .I .... I... ................. ,.. 18 1. Results of Name Check ................................... ............................... 18 2. Acton(s) Taken as a Result of Name Check Review' .......................... 18 H. LOBBYING RESTRICTIONS ...................................... ............................... 19 1. Statutory Provisions ... . ... ................... .......................... 19 2. Disclosure of Lobbying Activities ..................... ............................... 19 3. Subaward, Cc�,:tract, and Subcontract .................. ........................ 19 1. MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE ......................... 20 J. SUBAWARD AND /OR` CONTRACT TO A FEDERAL AGENCY ....................... 21 K. PROPERTY MANAGEMENT ..................................... ............................... 21 1. Standards .......................... ............... .. ............................... 21 2. Retention of Title .......................................... ............................... 21 3. Disposal of Real Property .......... .............. ............................... ..... 22 4. EDA's Interest in Award Property ................................................... 22 5. Leasing Restrictions ...... ............................... ........................ 23 l ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title 11 Public Works and Development Facilities and Title 11 Economic Adjustment Construction Components For the purpose of these Standard Terr^s and Conditions, unless the context otherwise requires, (a) the term "Government" refers to the Economic Development Administration (EDA); (b) the term "Recipient" refers to the recipient of Government funds under the Agreement to which this attachment is made a part: (c) the term "Department" and "DoC °' refer to the Department of Commerce; and (d) the term "regional office" refers to the aporopriate Regional Office of the Economic Development Administration, i.e., the office acinnistering the award. The Public Works and Economic Development Act of 1965, and its amendments (42 U.S.C. 3121, et seq.), including the comprehensive amendment of the Economic Development Reform Act of 1998 (P.L. 105 -393) are hereinafter referred to as P EDA. A. Statutory and Executive Order Requirements Some of the terms and conditions herei^ contain, by reference or substance, a summary of the pertinent statutes, or regulations published in tree Federal Register or Code of Federal Regulations (CF6), Executive Orders {EO) or OMB Circulars (Circular). To the extent that it is a summary, such term or condition is not in derogation of, or an amendment to, any such statute, regulation, EO or Circular. All s atutes, reg;rlations. EOs or Circulars whether or not referenced herein are to be applied as amended on he date they are administered. The Reg�pient and any subrecip,ents must, i^ addition to the Assurances made ;:z a part of the application, comply and require each of its contractors and subcontractors employed in the completion of the project to comply, with all applicable Federal. -zate, territorial. and local laws, and in particular the following Federal Public Laws, the regulations issued thereunder, and Executive Orders and Office of Management and Budget (OMB) Circulars: a. The Public Works and Economic Develpment Act of 1965, P.L. 89 -136, as amended (42 U.S.C. 3121, et seq.) including the comprehensive amendmer of the Economic Development Reform Act of 1998 (P.L. 105 -393), and regulators in 13 CFR, Chapter Lll; b. The Davis -Bacon Act as amended (40 U.S.C. 276a to 276a (5); 42 U.S.C. 3212); c. The Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. 327 -333); d. The Copeland "Anti - Kickbac,( " Act, as amended (40 U.S.C. 276(c); (18 U.S.C. 2 874); e. The Clean Air Act, as amended (42 U.S.C. 7401, et seq.); f. The Clean Water Act (The Federal Water Pollution Control Act. as amended) (33 U.S.C. 1251, et seq.); g. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.); h. The Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451, et seq.); i. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f -j26); j. The Energy Conservation and Production Act (applicable to construction of new residential and commercia4 structures) (42 U.S.C. 6801, et sea.); k. The Wild and Scenic Rivers Act, as amended, P.L. 90 -542, (16 U.S.C. 1271, et seq.); I. The Historical and Archeological Data Preservation Act, as ar-tended (16 U.S.C. 469a -1, et sec.); m. Executive Order 11990, Protection of Wetlands. hilay 24, 1977; n. P.L. 90 -480. as amended 1,42 U.S.C. 4151, et seq,), and the regulations issued thereunder, prescribing standards for the design and construc.'ion of any building or facility intended to be accessible to the public or that may result in the employment of handicapped persons therein; o. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91 -646, as amended (42 U.S.C. 4601. et seq.); and 15 CFR Part 11; p. The Flood Disaster Protection Act of 1973, P.L. 93 -234, as a^-ended (42 U.S.C. 4002, et seq.'s, and regulations and guidelines issued thereunder by the Federal Emergency Management Administration (FEMA) or the Economic Development Administration; q. Executive Order 11988, Foodplain Management.: May,24, 19'7, and regulations and guidelines issued thereunder by the Econonic Development Administration; r. The National Environmental Policy Act of 1969. P.L. 91 -190. as amended, and 42 U.S.C. Sec 4321 et seq.; s. The Lead -based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), P.L. 91- 3 695, as amended; t. The Resource Conservation and Recovery Act of 1976, as amended, F.L. 94 -580, (42 U.S.C. 6901); u. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.) and the Superfund Amendments and Reauthorization Act of 1986, P.L. 99 -499, as amended; v. The Drug -Free Workplace Act of 1988, P.L. 100. -690, Title V, Subtitle D, and 15 CFI Part 26 (55 F.R. 21678, May 25, 1990) for projects approved on or after March 18,1989; w. Restrictions'on Lobbying, section 319 of P.L. 101 -121, 15 CFR Part 28, (55 F.R. 6736-674812/26/90); x. Executive Order 12549, Debarment and Suspension, and 15 CFR Part 26, Governmentwide Debarment and Suspension Nonprocurement); y. American Indian Religious Freedom Act, P.L. 96 -341 (42 U.S.C. Sec 1996); z. Environmental Quality Improvement Act of 1970. P.L. 91 -244, as amended (42 U.S.C. Sec 4371- 4374); aa. Executive Order 12088, Federal Ccmpliance with Pollution Control Standards; bb. Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended: cc. Executive Order 11593, Protection and Enhancement of the Cultural Environment; dd. Farmland Protection Policy Act, P.L. 97 -98, as amended (7U.S.C. 4201 et seq.); ee. Fish and Wildlife Coordination Act. P.L. 92 -522, as amended (16 U.S.C. Sec 661 et seq.); ff. National Historic Preservation Act of 1966, P.L. 89-665, amended and the Advisory Council on Historic Preservation Guidelines (16 U.S.C. Sec 470 et seq.); gg. Noise Control Act, P.L. 92 -574, as amended (42 U.S.C. Sec 4901 et seq.); hh. Environmental Justice in Minority Populations and Low Income Populations, Executive Order 12898 (February 11, 1994). 4 2. The Recipient agrees that, for the expected useful life of the facility assisted with this award, the project will be properly and efficiently administered, operated and maintained, as required by Section 504 of P.L. 105 -393 (42 U.S.C. 31941; for tie purpose authorized by this award and in accordance with the terms, conditions, requirements and provisions of the award. if the Government determines; at any time during the useful life of the facility, that the project is not being properly and efficiently administered, operated and maintained, the Government may terminate the award for cause and require the Recipient to repay the award. 3. This award is subject to P.L. 101 -510. enacted November 5.1990, section 1405, amending subchapter lV of Chapter 15, Title 31, United States Code, which prescribes the rules for determining the availability of appropriations. Accordingly, the grant funds obligated for this project will expire in five years "rom the end of the fiscal year of the grant award. 4. Pursuant to EO 12889. the DoC is required to notify the owner of any va'id patent covering technology whenever the DoC or its financial assistance Recipients, without making a patent search. knows (or has demonstrable reaso ^able grounds to know) -at technology covered by a valid United States patent has been or will be used without a license from the owner. To ensure proper notification, if the Recipient uses or has used patented technology under this Award without a license or Dermission from the owner, the Rec lent must notify the DcC Patent Ccunsel at the following address, with a copy to EDA: Department of Commerce Office of Chief Counsel for Technoivgy Patent Counsel 14th Street and Constitution Avenue.. NW, Room H -4613 Washington, D. C. 20230 The notification should include the _=-,yard number, the name of the DoC awarding agency, a copy of the patent, a des: fiption of how the patented technology was used, and the name of the Recipient contact, including an address and telephone number. 5. For use for new building constructic^ projects: The Recipient is aware of and inters to comply with one o, the three rrodel codes utlined by the Commi -ee on Seisr-lc Safety in Constructic i (ICSSC): 1991 ICBO Uniform Bu;<ding Code 1992 Supplement to the BOCA Natcnal Building Code 1991 Amendments to the SBCC Standard Building Code 6. Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American -made equipment and pr; -ducts with funding 5 provided ender this Award. 7. The Recipient must furnish evidence satisfactory in form or substance to the Government that title to real property (other than property of the United States and those limited cases as provided in 13 CFR 314.7(c)), is vested in the Recipient and that such easements, rights -of -way, state permits, or long -term leases, as are required for the project have been or will be obtained within an acceptable time as determined by the Government. All liens, mortgages, other encumbrances, reservations, reversionary interests, or other restrictions on title or the Recipient's interest in the property must be disclosed to EDA. No such encumbrances or restrictions will be acceptable if, as determined by the Government, the encumbrance or restriction will interfere with the construction, use, operation or maintenance of the project during its estimated useful life or except when a waiver has been granted by the Assistant Secretary or his \her designee. B. FINANCIAL REQUIREMENTS 1. Financial Reports a. The Recipient must submit an "SF -271, Outlay Report and Request for Reimbursement" (ED -113) no more frequently than quarterly to report outlays. A final SF -271 is to be submitted within 90 vays after the expiration date of the award. b. The Recipient must submit a "Federal Cash Transactions Report" (SF -272) for each award where funds are advanced to Recipients. The SF -272 is due 15 working days following the end of each calendar uarer for awards under $1 million; or 15 working days following the end of each ^�onth for awards over S1 million; or unless otherwise specified in a special award condition. c. All Recipients of an EDA grant award of more than $100,000 whose grant has not been fully disbursed as of the end of eac^ reporting period are required to submit a financial report to EDA annually on the status of unreimbursed obligations. The report will provide information on the amount of allowable project expenses that have been incurred by the Recipient but not claimed for reimbursement as of the end of the reporting period. The report wiil be as of September 30 of each year and must be submitted annually until the'nal grant payment is made by EDA. The report will be submitted to EDA no later than October 30 of each year. Noncompliance with this requirement will result in the suspension of EDA grant disbursements. Standard Form 269A, Financial Status Report, will be used for this purpose. Instructions for completing and filing the report will be furnished to the Recipient at least 60 days before the report is due. d. All financial reports are to be submitted to the regional office. 2. Award Payments 6 a. Unless otherwise specified in a special award condition, the method of payment for the award will be through advance or reimbursement. b. The Recipient must submit an "Outlay Report and Request for Reimbursement, SF -271" (ED -113) no more frequently than monthly to request payment. The SF- 271 is to be submitted to the regional office. c. Payments will be made via electronic transfer which transfers funds directy to a Recipient's bank account. The Recipient must complete a payment information form and return it to the regional office. The award number must be included on the payment information forma d. Advances will be limited to the minimum amounts necessary to meet immediate disbursement needs. Advanced funds not disbursed in a timely manner w'l be promptly returned to EDA. Advances will be approved for periods not to exceed 30 days. The regional office determines the appropriate method of payment. If a Recipient demonstrates an unwillingness or inability to establish procedures whch will minimize the time elapsing between the transfer of funds and disbursement or if the Recipient otherwise fails to continue to qualify for tte advance method payment. the regional office may change the method of payment to reimbursement only. 3. Federal and Non - Federal Sharing a. Tre EDA participation in total eligible project costs will be limited to the EDA grant a7-ount or the EDA share of total allowable project costs based on the area's grant rate eligibility at the time of award, whichever is less. b. T.- non - Federal share, whether cash or in- kind.. is expected to be paid o�.- at the same general rate as the Federal share and must be committed at the tine of Award and available over the life of the Award. Cash or in -kind contribute--is, fa ly evaluated by EDA, including contributions of space, equipment, and services, may provide the non - Federal share of the project cost. In -kind cc ^tributions must be eligible project costs and meet applicable Federal Est pr ^ciples and uniform administrative requirements. Exceptions to this requirement may be granted by EDA based on sufficient documentation de=monstrating previously determined plans for or later commitment of cas^ or in- kir�d contributions. 4. Budget Changes and Transfer of Funds Among Categories a. Requests for budget changes to the approved estimated budget in accorcance wth the provision noted below must be submitted to the regional office for review and recommendation. EDA will make the final determination on such requests and notify the Recipient in writing. b. Transfer of funds by the Recipient among direct cost categories are pern red with FA the written approval of EDA. Transfers will not be permitted if such transfers would cause the Federal grant, or part thereof, to be used for purposes other than those intended. c. The addition of a new line item to the approved budget must be approved in writing by EDA. Such an addition presents -a rebuttable presumption of change of scope. d. The Recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item and vice versa, except with the written prior approval of EDA. 5. Indirect Costs a. Indirect costs will not be allowable charges against the award unless specifically included as a line item in the approved budget incorporated into the award. b. Excess indirect costs may not be used to offset :unallowable direct costs. c. If the Recipient has not previously established an indirect cost rate with a Federal agency, the negotiation and approval of a rate is subject to the procedures in the applicable cost principles and the following subparagraphs: (1) The Office of Inspector General (OIG) is authorized to negotiate indirect cost rates on behalf of EDA for those organizations for which DoC is the cognizant agency. The OIG will negotiate only fixed rates. The Recipient must submit to the OIG within 90 days of the award start date, documentation (indirect cost proposal, cost allocation plan, etc.) necessary to establish such rates. The Recipient mus provide the EDA regional office with a copy of the transmittal letter to the OIG. (2) When an oversight or cognizant Federal agency other than DoC has responsibility for establishing an indirect cost rate, the Recipient must submit to that oversight or cognizant Grants Officer within 90 days of the award start date the documentation (indirect cost proposal, cost allocation plan, etc.) necessary to establish such rates. The Recipient must provide both the regional office and the DoC OIG with a copy of the transmittal letter to the cognizant Grants Officer. (3) If the Recipient fails to submit the required documentation to the OIG or other oversight or cognizant Grants Officer within 90 days of the award start date, the EDA regional office will amend the award to preclude,the recovery of any indirect costs under the award. If the DoC OIG or EDA determines there is a finding of good and sufficient cause-to excuse the Recipient's delay in submi -ng the documentation, an extension of the 90-day due date may be approved by EDA. 8 (4) Regardless of any approved indirect cost rate applicable to the award at the time of award, the maximum dollar amount of allocable indirect costs for whic^ EDA will reimburse the Recipient s ^all be the lesser of: (a) The line item amount for the Federal share of indirect costs contained in tte approved budget of the award; or (b) The Federal share of the total allocable indirect costs of the award based on the negotiated rate with the cognizant Grants Officer as established by audit or negotiation: 6. Incurring Costs or Obligating Federal Funds Beyond the Expiration Date a. The Recipient must not incur costs or obligate funds for any purpose pertaining to the operaton of the project, program or activities beyond the expiration date stipulated �n the award. The only costs which are authorized for a period of 'up to 90 days fc"owing the award expiration date are those strictly associated with closeout activities. Closeout activities are limited to the preparation of final report. b. Any extension of the award period can only be authorized by the EDA Assistant Secretary or his /her designee. Verbal or written assurances of funding from! other than FDA's Assistant Secretary or his /her designee does not constitute authority to obligate funds for programmatic activities beyond the expiration date. c. EDA has «o obligation to provide any additional funding. 7. Tax Refunds Refunds of FiCA/FUTA taxes received by the Recipient during or after the award period must be refunded or credited to EDA where the benefits were financed with Federal funds under the award. The Recipient agrees to contact the regional office i^;mediately:pon receipt of these refunds. The Recipient further agrees to refund portions of FICA/FUTA taxes determined to belong to the Federal Government, including ref -nds received after the expiration of the award. 8. - Incurring Costs Prior to Award Recipients that incurred any project costs prior to a grant award being made by EDA did so at the risk of not being reimbursed; however, EDA may, at its sole discretion, pay for project costs incurred prior to grant award. Such costs must included in the approved protect budget and be allowable costs under Federal cost principles and the grant award. C. PROGRAMMATIC REQUIREMENTS `J 1. Reporting Requirements a. Financial and performance (technical) reports must be submitted in accordance with the procedures in 15 CFR Part 24 or 15 CFR Part 14, as applicable, and the schedule indicated below." Failure to submit required reports in a timely manner may result in the withholding of payments under this award or deferring the processing of new awards, amendments, or supplemental funding pending the receipt of the overdue report(s), and /or establishing an accounts receivable for the difference between the total Federal share of outlays last reported and the amount disbursed. b. Project performance reports are to be submitted for each calendar quarter. The project performance report will be due not later than January 15, April 15, July 15 and October 15 for the immediate previous quarter. The report submission dates are to be no more than 30 days after the due date, with a due date of 90 days after expiration of the award. This reporting requirement begins with the Recipient's acceptance of the award and ends when the final project disbursement is approved. The project performance report should be submitted to the regional office. c. Recipients of awards which involve both Federal financial assistance valued at $500,000 or more and procurement of supplies, equipment, construction, or services are required to submit the SF -334, "Minority Business Enterprise/Women Business Enterprise Utilization Under Federal Grants, Cooperative Agreements, and Other Federal Financial Assistance." Reports are to be submitted on a quarterly basis for the period ending March 31, June 30, September 30, and December 31. Reports are due no later than thirty (30) days following the end of the reporting period during which any procurement in excess of $10,000 is executed under th s award. The report should be submitted in duplicate to the regional office. Any questions concerning this report should be directed to the regional office. d. Performance Measures: The Recipient agrees to report on program performance and project outcomes in such form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act of 1993 and P. L. 105 -393. The performance measures that apply to this project are included with and made a part of the grant award package. EDA will advise the Recipient in writing, within a reasonable period prior to time of submission, in the event there are any modifications in the performance measures. 2. Unsatisfactory Performance a. Recipient will comply with the administrative, procedural and policy requirements contained inapplicable EDA regulations in effect at time of their application. b. The Government reserves the right to suspend the award and withhold further 10 payments, or prohibit the Recipient from incurring add'tional obligations, pending corrective action by the Recipient or a decision by the Government to terminate the award unless the project is completed to the satisfamzm of the Government. c. The Government has the right to terminate for cause all or any part of its obligation hereunder if: (1) Any representation made by the Recipient to the Government in connection with the application for Government assistance is incorrect or incomplete in any material respect. (2) The intent and purpose and /or the economic feasibility of the project is changed substantially so as to affect sign ifi cant<y the accomplishment of the project as intended. (3) The Recipient has violated commitments it made in its application and supporting documents or has violated any of the terms and conditions of this award. (4) Any official, employee or agent, member of immediate family, partner, or an organization which employs or is about to,empioy any of the above of the Recipient becomes directly interested financia! y in the acquisition of any materials cr equipment, or in any construction f_.f the project, or in the I urnishing of any service to or in connection W:- the project, or any benefit arising therefrom. (5) The Recipient fails to report immediately to the Government any change of authorizec representative(s) acting in lieu of or on behalf of the Recipient. d. The obligations hereunder may be termi,rated for cor "- enience if: (1) Both the Recipient and the Government agree :Rat continuation of the project would not produce beneficial results commens�.rate with the further expenditure of funds. (2) Both the Recipient and the Government agree;pon the termination conditions. including the effective date, and in tte case of partial termination, the portion to be terminated. (3) Tre Recipient agrees to incur no new obligations 'r the terminated portion after the effective date and to cancel or satisfy all outstading obligations as of that date. e. The Recipient has the sole authority and full responsbility, without recourse to the Federal Government or any of its agencies, for the settlement and satisfaction of all cony actual and administrative issues arising out of t"s award. 1 ? 11 f. The Recipient hereby agrees that the Government may, at its option, withhold disbursement of any award funds if the Government learns or has knowledge, that the Recipient has failed to comply in any manner with any provision of the award. The Government will withhold funds until the violation or violations have been corrected to the Government's satisfaction. The Recipient further agrees to reimburse the Government for any ineligible costs which were paid from award funds, or if the Recipient fails to reimburse the Government, the Government shall have the right to offset the amount of such ineligible costs from any undisbursed award funds held by the Government. The Recipient agrees to repay the Government for all ineligible costs incurred in connection with the project and paid from the award including, but not limited to, those costs determined to be ineligible if the Government learns of any award violations after all award funds have been disbursed. g. The Recipient hereby agrees, in the Event a beneficiary of the EDA assisted project fails to comply in any manner with certifications, assurances, or agreements that such beneficiary has entered into in accordance with EDA requirements, that the Recipient will reimburse the Government the award amount or an amount to be determined by the Government pursuant to 13 CFR Part 314. Where the Government determines that the failure of the beneficiary to comply with EDA requirements affects a portion of the property benefitted by the award. the Recipient will reimburse the Government proportionately. h. If a recipient materially fails to comply with the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application', or ^otice of award, the Grants Officer may, in addition to imposing any of the special Conditions outlined in 15 CFR §14.14, take one Or more of the following actions, as appropriate in the circumstances: (1) Temporarily withhold payments of funds pending correction of the deficiency by the recipient or more severe enforcer-rent action by the Grants Officer after coordination with the DoC operating ;; ^it: (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the current award. (4) Withhold further awards for the proiect or program. (5) Take other remedies.that may be legally available. 3, Programmatic Changes .: ... -2_r k ,,,J. tr.. ri.' �i. p -331 ^ice"- '"""a?" y,,r �...y .• _. 12 a. The Recipient must not make any programmatic changes to the award without prior written approval by EDA. b. Any requests by the Recipient for programmatic changes must be submitted to EDA for review and approval. The Assistant Secretary or hi& ner designee' will make the final determination and notify the Recipient in wriyng. 4. Other Federal Awards with Similar Programmatic Activities The Recipient must immediately provide written notification to EDA in the event that, subsequent to receipt of the EDA award, other Federal financial assistance is received relative to the scope of work of the EDA award. 5. Program Income a. For projects that create long -term rental revenue, i.e., buildings or real property constructed or improved for the purpose of renting, or leasing space (e.g., building sites), the Recipient agrees to use such income generated from the rental or lease of the project faciiity(iesi, in the following order of priority: - (1) Administration, operation, maintenance and repairof +the project facilities for their useful life (as determined by EDA) in a manner consistent with good property manager°vnt practice and in accord with the established building codes. This includes, where applicable, repayment of indebtedness resulting from any legal e^ cumbrance (e.g., approved mortgage) on the EDA assisted facility. (2) Economic deveic -ment activities that are authorized or support by EDA, provided such actvities are within the EDA eligible area. b. Prior to the final disbursement of grant funds. the Recipient will develop and furnish to EDA for approval, ar, income reutilization plan that demcnstrates that the funds generated from the EDA project will be expended for the p4 -poses established above. Any changes r^.ade to the plan during the useful life of the project must also be submitted to EDA for its review and approval, 6. Use of Third Parties to Solicit or Secure This EDA Award Unless otherwise specifier In the Special Conditions to the EDA grant award, the Recipient warrants that no person or selling agency has been employed or retained to solicit or secure this award upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Recipient for the purpose of securing business. For breach or violation of the warrant, the Government 13 has the right to annul this award without liability, cl of its discretion, to deduct from the award sum; or otherwise recover, the full amount of such commission, percentage. brokerage, or contingent fee. 7. Consultant and Attorney's Fees The Recipient hereby agrees that no funds made available from this Award will be used, directyor indirectly, for paying attorneys` or consultants' fees in connection with securing awards made by the Government, such as, for example, preparing the application for this assistance. However, attorneys' and consultants' fees incurred for meeting Award requirements, such as, for example, conducting a title search or preparing plans and specifications, may be eligible project costs and may be paid out of the funds rnade available from this Award, provided such costs are otherwise eligible. B. Member of Congress /Resident Federal Commissioner Restriction No member of or delegate to Congress or resident Federal Commissioner will be admitted to any share or part of this award or to any benefit that may arise therefrom: but this provision will not be construed to extend to this award if made to a corporation, education, or nonprofit institution for its general benefit. S. Hold Harmless Requirement To the extent permitted by law, the Recipient agrees to indemnify and hold the Government anarmless from and against all liabilities that the Government may incur as a result of providing an award to assist, directly or indirectly, preparation of the project site or construction, renovation, or repar of any facility on the project site, to the extent that such liabilities are incurred because of toxic or hazardous contamination or groundwater, surface water, soil. or other conditions caused by operations of the Recipient or any of its predecessors (other than the Government or its agents) on the property. 10. Alienation Restriction Notwithstanc ng any other provision of the award. the Recipient will not transfer, pledge, mortgage, or otherwise assign the award, or any interest therein, or any claim arising them Under, to any party or parties, bank tr st companies, or other financing or financial ins ntions. 11. Taxpayer Identification Number Requirement A Recipient dassified for tax purposes as an individual, partnership, proprietorship, or medical corporation is required to submit a taxpayer identification number (TIN) (either social secure number or employer identification number as applicable) on Form W -9 14 "Payer's Request for Taxpayer Identification Number." Tax- exempt organizations and corporations (with the exception cf medical corporations) are excluded from this requirement. Form W -9 is to be submitted to the regional office within 60 days of the award start date. The TIN will be provided to the IRS by EDA on Form 1099 -G, "Statement for Recipients of Certain Government Payments." Applicable Recipients who either fail to provide their TIN or provide an incorrect TIN may have funding suspended until the requirement is met. Disclosure of a Recipient's TIN is mandatory for Federal income tax reporting purposes under the authority of 26 U.S.C., Section 6011 and 6109(d), and 26 CFR, Section 301.6109 - 1. This is to ensure the accuracy of income computation by IRS. This information will be used to identify an individual who is compensated with DoC funds or paid interest under the Prompt Payment Act. D. NONDISCRIMINATION REQUIREMENTS No person in the United States can. on the ground of race, color, national origin, Handicap, religion, or sex, be excluded from participation in, be denied the benefits of, cr be subject to discrimination under any program or activity receiving Federal -nancial assistance. The Recipient agrees to comply with the nondiscrimination wquirements below and any statutes, regulations, and EOs whether or not referenced terein to be applied on the date they are administered:` 1. Statutory Provisions a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. P.L. 105- 393§ 2000d et seq.) and DoC implementing regulations puts fished at 15 CFR Part 8 which prohibit discrimination on the grounds of race, color; or national origin under programs or activities receiving Federal financial assistance; b. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibiting discrimination on she basis of sex under Federally assisted education programs or activities; c. Section 504 of the Rehabilitaton Act of 1973, as amended (29 U.S.C. § 794) and DoC implementing regulations published at 15 CFR Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefitting, from Federal assistance; d. The Age Discrimination Act c,1'1975, as amended (42 U.S.C. §§ 6101 et seq.) and DoC implementing regulaticns published at 15 CFR Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; e. The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and 15 services provided or made available by state and local governments or i nstru mental ites or agencies thereto, as well as p-iblic or private entities that provide public transportation; and f. Any other nondiscrimination provisions of statutory law. 2. Other Provisions a. Executive Orders 11114, 11246, 11375, and 12086; b. Construction Contractors Affirmative Action Requirements, 41 CFR Part 60-4; and c. 13 CFR Part 317, cMI rights requirements for Recipients. E. AUDITS Under the Inspector General Act of 1978, as amended, 5 U.S.C. App. 1, section 1 et seq., an audit of the award may be conducted at any time. The Inspector General of the DoC, or any of his or her duly authorized representatives, has access to any pertinent books, documents, papers and records of the Recipient. whether written, printed, recorded, produced or reproduced by any mechanical, magnetic or other process or medium, in order to make audits. inspections, excerpts, transcripts or other examinations as authorized by law. When the OIG requires a project audit, the OIG will usually make the arrangements to audit the award, whether the audit is performed by OIG personnel, an independent accountant under contract with the DOC, or any other Federal, state or local audit entity. 1. Organization-Wide, Program Specific, and Project Audits a. Organization-*ide or program-specific audits will oe performed in accordance with the Single Audit Act Amendments of 1996, as impemented by OMB Circular A- 133, 'Audits of States, Local Governments, and N'bri-Profit Organizations." Recipients that are subject to the provisions of OMB Circular A-1 33 and that expend $300,000 or more in a year in Federal awards will have an audit performed in accordance with, the requirements contained in OMB Circular A-133. Addibonally, when required under a special award condition, a project audit will'be performed in accordance with Federal Governmert auditing standards. b. The Recipient must submit copies of audits to each Grants Officer that directly provides funds, Audits must be submitted to the DoC OIG at the following address with a copy of the transmittal letter to the EDA regonal office. Office of Inspector General U.S. Department cf Commerce Atlanta Regional Office of Audits 401 West Peachtree, NW, Suite 2742 Atlanta, Georgia 30308 c. Recipients expending Federal awarcs over $300,000 a year and having audits conducted in accordance with OMB"" ircular A -133 must also submit a copy of organization -wide or program speak audits to the Bureau of the Census, which has been designated by OMB as a central clearinghouse. The address is: Federal Audit Clearinghouse Bureau of the Census 1201 E. 10th Street Jeffersonville, IN 47132 2. Audit Resolution Process a. An audit of the award may result in nie disallowance of costs incurred by the Recipient and the establishment of a debt (account receivable) due EDA- For this reason, the Recipient should take senously its responsibility to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed. b. A Recipient whose award is auditec nas the following opportunities to dispute the proposed disallowance of costs and the establishment of a debt: (1) Unless the Inspector General cletermines otherwise, the Recipient has 30 days from the date of the tray rnittal of the draft audit report to submit written comments and documentary evidence. 2) The Recipient has 30 days frr-i the date of the transmittal of the final audit report to submit written comments and documentary evidence. There will be no extension of this deadline. =3) EDA will review the documentary evidence submitted by the Recipient and notify the Recipient of the re&As in an Audit Resolution Determination Letter. The Recipient has 30 days fr;m the date of receipt of the Audit Resolution Determination Letter to submit a written appeal. There will be no extension of this deadline. The appeal s the last opportunity for the Recipient to submit written comments and docurrentary evidence that dispute the validity of the auo resolution determination. In addition, an appeal does not preclude the Recipient's obligation to pay a debt that may be established nor does the appal preclude the accrual of interest on a debt. 4) EDA will review the Recipient's appeal and notify the Recipient of the results in an Appeal Determination Letter. After the opportunity to appeal has expired or after the appeal deermination has been rendered, EDA will not accept any further documentary evidence from the Recipient. There will be 17 no other administrative appeals available in EDA. F. DEBTS 1. Payment of Debts Owed the Federal Government Any debts determined to be owed the Federal Government must be paid promptly by the Recipient. A debt will be considered delinquent if it is not paid within 15 days of the due date. Failure to pay a debt by the due date shall resit in the imposition of late payment charges as noted below. In addition, failure to pay the debt or establish a repayment agreement by the due date will also result in the referral of the debt for collection action and may result in DoC taking further action as specified in the standard term and condiron entitled "Unsatisfactory Performance." The Recipient may also be suspended or debarred from further Federal financial and non- financial assistance and benefits, as provided in 15 CFR Part 26, "Govern mentwide Debarment and Suspension (Nonprocuremnt) -and Governmen'tWde Requirements for Drug -Free Workplace (Grants)" until the debt has been paid in full or until a repayment agreement has been approved and payments are made in accordance with the agreement. Payment of a debt may-not come from other Federally sponsored programs. Verification that other Federal funds have not been used will be made during future program visits and audts. 2. Late Payment Charges a. An interest charge W-1 be assessed on the delinquent de;t (over 15 days) as established by the Deist Collection Act of 1982, as amenoed. The minimum annual interest rate to be assessed is the Department of the Tre -asury's Current Value of Funds Rate. This rate is published in the Federal Register by the Department of the Treasury. The assessed rate remains fixed for the aL*ation of the indebtedness. b. A penalty charge wili oe assessed on any portion of a det that is delinquent for more than 90 days, al-hough the charge will accrue and re assessed from the date the debt became delinquent. c. An administrative charge will be assessed to cover processing and handling the amount due. d. State and local governments are not subject to penalty and administrative charges. G. NAME CHECK A name check review must be performed by the OIG on key indirduals associated with nonprofit organizations, unless an exemption has been authorized by the Inspector I General.- Both officials of state and local governments and officials of accredited colleges and universities who are acting on behalf of their ,respective entities in applying for assistance are exempt from the name check requ4 ement. In addition, all elected offtoials of state and focal governments who are se-ving in ex officio capacities when applying for assistance are exempt. 1. Results of Name Check EDA reserves the right to take any of the actions described in G.2. below if any of the following occurs as a result of the name check review: a. A key individual fails to submit the required form "Identification - Applicant for Funding Assistance" (CD -346). b. A key individual made an incorrect statement or omitted a material fact on the CD- 346; or c. The narne check reveals significant adverse findings that reflect on the business integrity or responsibility of the Recipient a^dor key individual. 2. Action(s) Taken as a Result of [Name Check Review If any situation noted in G.1. above occurs, EGA, at its discretion, may take one or more of the following actions: a. Consider termination for cause of the aware: b. Require the removal of any key individual I-om association with the management of anci Cr implementation of the award; anal or c. Make appropriate provisions or revisions a: EDA's discretion with respect to the method of payment and /or financial report-g requirements. H. LOBBYING RESTRICTIONS 1. Statutory Provisions The Relic ent must comply with the provisiors of Section 319 of P.L. 101 -121, which added Sermon 1352 to Chapter 13 of Title 31 of the United States Code, and DoC implemen -trig regulations published at 15 CFF Part 28, "New Restrictions on Lobbying.' These provisions generally prohibt the use of Federal funds for lobbying the Executive or Legislative Branches of the Federal government in connection with the award, and require the disclosure of the use of non - Federal funds for lobbying. 2. Disclosure of Lobbying Activities Q] The Recipient receiving in excess of $100,000 in Federal funding must submit a completed "Disclosure of Lobbying Activities" (SF -LLL) regarding tfe use of non - Federal funds for lobbying. The SF -LLL must be submitted within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Recipient Must submit the SF LLLs including those received from subrecipients, contractors, and subcontractors, to the regional office. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide (preferably in an attorney's opinion) EDA with the citation of the provision or provisions of Federal Jaw upon which it relies to conduct lobbying activities that would otherwise be subject to the above provisions. 3, Subaward, Contract, and Subcontract a. Applicability of Award Provisions to Subrecipients The Recipient must require all subrecipients, including lower tier subrecipients, under the award to comply with the provisions of the award including applicable cost principles, administrative, and audit requirements. b. Applicability of Provisions to Subawards, Contracts, and Subcontracts (1) The Recipient must include the following notice in each request for applications or bids: Applicants/bidders for a lower tier covered transaction (except for goods and services under the $100.000 small purchase threshold and were the lower tier Recipient will have no critical influence on or substantive control over the award) are subject to 15 CFR Part 26, Subparts A through E, Governmentwide Debarment and Suspension (Nonprocurervnt). In addition, applicants/bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to 15 CFR Part 28, "New Restrictions on Lobbying.` Applicants/ bidders should familiarize themselves with these provisions. including the certification requirements. Therefore, applications for a lower ter covered transaction must include a "Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower Tier Covered Transactions and Lobbying" (CD -512) completed without modification. (2) The Recipient must include a statement in all lower tier covered transactions (subawards, contracts. and subcontracts), that the award is subject to Executive Order 12549, "Debarment and Suspension" and DoC implementing 24 regulations published at 15 CFR Part 26, Subparts A through E, "Governmentwide Debarment and Suspension (Nonprocurement)." (3 The Re-�pient must include a statement in all lower tier covered transactions (subawards,'contracts, and subcontracts) exceeding $100,000 in Federal funds, that the subaward, contract, or subcontract is subject to Section 319 of Public Law 101 -121, which added Section 1352, regarding lobbying restrictions, to Chapter 13 of Title 31 of the United States Code as implemented at 15 CFR Part 28, "New Restrictions on Lobbying. The Recipient must further require the subrecipent, contractor, or subcontractor to submit a completed "Disclosure of Lobbying Activities (SF -LLL) regarding the use of non - Federal funds for lobbying. The SF -LLL must be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The SF -LLL must be submitted from tier to ter until received by the Recipient. The Recipient must submit all disclosure forms received, including those that report lobbying activity on its own behalf, to the regional office within 30 days following the end of the calendar quarter. 1. MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE EDA encourages Recipients to utilize minority and women -owned firms and enterprises in contracts awarded under financial assistance awards. The Minority Business Development Agency will assist Recipients in matching qualified minority and women owned enterprises with contract opportunities. For furtl er information contact: U.S. Department of Commerce Minority Business Development Agency Herbert C. Hoover Building 14th Street and Constitution Avenue, NW Washington, D.C. 20230 J. SUBAWARD AND /OR CONTRACT TO A FEDERAL AGENCY 1. The Recipient, subrecipient, contractor, and /or subcontractor must not sub -grant or sub - contract any part of the approved project to any agency of the DoC and-or other Federal department, agency or instrumentality. without the prior written approval of EDA. 2. Requests for approval of such action must be submitted to the regional office which will review and make the final determination with the concurrence of legal counsel of EDA and legal counsel of the other Federal department, agency or instrumentality x_t. Phi K 21 receiving the subaward and/or contract. The Government will notify the Recipient in writing of the final determination K. PROPERTY MANAGEMENT 1. Standards The Recipient must comply with the pertinent property management standards as stipulated in the applicable uniform administrative requirements, and 13 CFR Part 314. Any inventory listings stipulated under the applicable uniform administrative requirements must be submitted on the'Report of Government Property in Possession of Contractor (CD -281). The CD-281 must be submitted in duplicate (an original and one copy) to the regional office. 2. Retention of Title a. The Government determines who retains title to all nonexpendable personal property in accordance with 15 CFR Part 24 or 15 CFR Part 14 as applicable. Use, management, and disposition of the property will be in accordance with the applicable rules at 15 CFR Part 24 or 14 and EDA regulations at 13 CFR Part 314. b. Title to real property (whether acquired partly or wholly with Federal funds) will vest with the Recipient subject to the condition that the Recipient uses the real property for the authorized purpose of the project. 3. Disposal of Real Property a. When EDA and the Recipient determine that property acquired or improved in whole or in part with grant assistance is no longer needed for the purpose of the original project, the Recipient must obtain prior approval from the Government for the use of the real property in other Federal grant programs, or program that have purposes consistent with those authorized for support by EDA. b. When property is no longer required as provided above, the Government determines final disposition and must be compensated by the Recipient for the Federal share of the value of the property, plus costs and interest, as contained in 13 CFR Part 314.5, 4. FDA's Interest in Award Property a. Recording EDA's Interest in Property: 22 (1) For projects involving the acquisition, construction cr improvement of a building, the Recipient expressly agrees to declare and furnish to the Government, prior to initial Award disbursement, a lien, covenant or other statement, satisfactory to EDA in form and substance, of FDA's interest in the property acquired or improved in whole or in part with the funds made available under this Award. The statement must specify in years the estimated useful life of the project and shall include. but not be limited to disposition, encumbrance, and compensation of Federal share. (2) This lien, covenant or other statement of the Government's interest must be perfected and placed of record in the real property records of the jurisdiction in which the property is located, all in accordance with local law. EDA may require an opinion of counsel for the Recipient to s:.bstantiate that the document has been properly recorded. (3) Facilities in which EDA investment is only a small part of a large project, as determined by EDA, may be exempted from the requirements of this paragraph a., but the property remains subject to the remaining provisions of section K.4. b. The Recipient acknowledges that the Government retains an undivided equitable reversionary interest in the property acquired or improved in whole or in part with the funds made available through this Award throughout the useful life (as determined by EDA) of the property, except in those instances listed in 13 CFR 314.7(q) , c. The Recipient agrees that in the event it disposes of, or alienates in any manner any interest in, the property during its useful life, without EDA's written approval, the Government will be entitled to recover the Federal snare of the value of the IN property. When during its useful life property is no longer needed for the purpose of the Award, as determined by EDA, EDA may permit its use for other acceptable purposes consistent with those authorized for support by EDA. d. For purposes of any lien or security interest, the amount of the Government's share shall be the full amount of the EDA Award. However, the Federal share to which the Government is entitled (as stated in paragraph c., above) may be more or less than the Award. e. Alienation of Award property includes sale or other conveyance of the Recipient's interest, leasing or mortgaging the property, or granting an option for any of the foregoing. During the useful life of the property, EDA ordinarily will approve the alienation of Award property without requiring recovery of the Federal share of its value only where such alienation its intended in the original Award, except that EDA may approve mortgaging of the property as provided by regulation (13 CFR Part 314). 23 5. Leasing Restrictions Leasing or renting of the facilities is prohibited unless specifically authorized by EDA. The Recipient agrees that any leasing or rering of the facilities involved in this project will be subject to the following: that said lease arrangement is consistent with the authorized' general and special purpose of the Award; that said lease arrangement is for adequate consideration; and that said lease arrangement is consistent with applicable EDA requirements concerning, bu not limited to, nondiscrimination aId environmental compliance. CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor & Commission DATE: September 25, 2001, FROM: Charles D. Scurr SUB3EC T : Agenda# City Manager Commission Meeting October 2, 2001 Fee Increases REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to establish new fee increases for Pavilion Rentals, Tennis Court Fees, and Field Rentals for residents and non-residents. BACKGROUND & ANALYSIS Analysis and comparisons have confirmed that the City of South Miami's fees are below average. We strongly believe our residents should continue to benefit from their status as South Miami residents and taxpayers. Raising resident's fees is something that has not been done in a very long time and our recommendation still provides for a very good rate for them. A non-Resident fee ' is something that we feel strongly about, yet, even with the proposed fees for non-residents, they are still getting a fair deal. Dante Fascell Tennis Fees Residents ENj "tin Daily Court Rental $2.00 tax included Annual Individual Membership $101.18 tax included Annual/Family Membership $151.23 tax included Non-Residents Daily Court Rental Annual Individual Membership Existing $4.00 tax included $319.50 tax included Propose $ 3.00 tax included $150.00 tax included $200.00 tax included Propose $4.00 (maxed- out comparing other municipalities $426.00 tax included Annual / Family Membership $426.00 tax included Parks & Recreation Fees: Dante Fascell and Fuchs Park - Pavilion Rentals: Hours of Operation 12 :00 pm. — 5:00 P.M. Existin Residents $42.60 Non-Residents $125.00 $532.50. (tax included) It Propose $75.00 (With refundable $100.00 Clean-up deposit) $175.00 (With refundable $100.00 Clean-up deposit) Comparable prices from Tropical Park Paviliov Rental: Tropical Park- $'-300.06 r, 1( 5.00 rental, $135.00 refundable, Clean-up deposit) Field Rentals — Palmer Park 2 hour minimum $40.00 No Lights 2 hour minimum $50.00 Lights Comparable prices from Tropical Park Tropical Park Field Rental: Minimum 2 hour $36.21 No Lights Minimum 2 hour $44.73 Lights This is a year in which challenges must be met, and the adjustment of fees is necessary to meet our financial goals. RECOMMENDATION Approval is recommended. 2001 New Fn - non -rmdm end r dcid 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING CITY MANAGER TO INCREASE RESIDENTS AND NON-RESIDENT FEES FOR PAVILION RENTALS, TENNIS MEMBERSHIPS, AND HOURLY COURT RATES, AND FIELD RENTALS, EFFECTIVELY OCTOBER 1, 2001. WHEREAS, We strongly believe our residents should continue to benefit from their status as South Miami residents and tax payers; and 1 WHEREAS, Raising residents fees is something that has not been done in a very long time; and WHEREAS, Our recommendation still provides for a very good rate for them; and WHEREAS, Raising Non-Resident fees will still keep the cost in a lower range than surrounding communities/municipalities; and WHEREAS, The fees raised will be for Tennis Court Rentals, Pavilion Rentals, and Field Rentals; and WBEREAS, The following fee schedule shall take place: Dante Faseell Tennis Fees Residents Existin Proposed Daily Court Rental $2.00 tax included $ 3.00 tax included Annual Individual Membership $101.18 tax included $150.00 tax included Annual/Family Membership $151.23 tax included $200.00 tax included Non-Residents Daily Court Rental Annual Individual Membership Annual / Family Membership Existing $4.00 tax included $319.50 tax included $426.00 tax included Parks & Recreation Fees: Dante Fascell and Fuchs Park - Pavilion Rentals: Hours of Operation 12:00 p.m. — 5:00 1p.m. Propose $4.00 (maxed- out comparing other municipalities $426.00 tax included $532.50 tax included Existing Propose Residents $42.60 $75.00 (With refundable $100.00 Clean-up deposit) �F�M, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11 53 Non- Residents $125.00 $175.00 (With refundable $100.00 Clean -up deposit) Comparable prices from Tropical Park Pavilion Rental: Tropical Park $300.00 (Breakdown: $165.00 rental, $135.00 refundable Clean -up deposit) Field Rentals — Palmer Park 2 hour minimum $40.00 No Lights 2 hour minimum $50.00 Lights Comparable prices from Tropical Park: Tropical Park Field Rental: Minimum 2 hour $36.21 No Lights Minimum 2 hour $44.73 Lights NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the above mentioned increases will be implemented immediately. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October 2, 2001 ATTEST: CITY CLERK CITY ATTORNEY 2001 Fee Inmue Non - Residents MAYOR 0n11q b OVISOktj 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, CONDEMNING 5 THE CATASTROPHIC TERRORIST ATTACK ON THE NEW 6 YORK WORLD TRADE CENTER AND THE PENTAGON, THE 7 TRAGIC HIJACKING OF UNITED FLIGHT 93 THAT 8 CRASHED IN SHANKSVILLE, PENNSYLVANIA, AND THE 9 HEINOUS AND EVIL ACTS OF VIOLENCE AND 10 DESTRUCTION PERPETRATED BY TERRORISTS; AND 11 FURTHER STANDING FIRMLY BEHIND AND UNITED WITH 12 THE PRESIDENT AND FEDERAL GOVERNMENT IN ITS 13 MOBILIZATION AND RESCUE EFFORTS AND ITS 14 DETERMINATION TO ISOLATE AND ERADICATE THOSE 15 RESPONSIBLE FOR SUCH HORRIFIC ACTS; AND 16 EXTENDING OUR HEART -FELT PRAYERS AND 17 CONDOLENCES TO THE FAMILIES AND FRIENDS WHO 18 LOST LOVED ONES IN THE WAKE OF THIS NATIONAL 19 TRAGEDY; PROVIDING AN EFFECTIVE DATE. 20 21 WHEREAS, on September 11, 2001, an organized group of suicidal 22 terrorists commandeered four commercial airplanes, with a full load of fuel, and 23 diverted scheduled flight paths with the aim to inflict the maximum destruction 24 and loss of life of innocent, unsuspecting people; and 25 26 WHEREAS, within an hour, the terrorists crashed the airplanes into the 27 twin towers of the World Trade Center in New York and the Pentagon in 28 Washington, D.C., setting off a chain reaction that burned and buried thousands of 29 victims under the rubble of the collapsed buildings; and 30 31 WHEREAS, created as a symbol to world peace, the World Trade Center 32 shall remain an undying symbol in our hearts of the bravery and ultimate sacrifice 33 of our fellow law enforcement officers and firefighters and the fortitude of 34 Americans to unite and overcome evil; and 35 36 WHEREAS, while physical symbols of democracy, strength and freedom 37 were attacked, the City of South Miami and its elected officials and each 38 municipality will unite, remember, extend prayers and condolences, and defend 39 the freedoms that are the core of daily living in the United States; and 40 41 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Additions shown by underlining and deletions shown by everAM g. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 1. The South Miami City - Commission hereby condemns the catastrophic terrorist attack on the New York World Trade Center and the Pentagon, the tragic hijacking of United Flight 93 that crashed in Shankville, Pennsylvania, and the heinous and evil acts of violence and destruction perpetrated by terrorists; and further stands firmly behind and united with the President and the Federal Government in its mobilization and rescue efforts and its determination to isolate and eradicate those responsible for such horrific acts. Section 2. The City of South Miami extends heartfelt prayers and condolences to the families and friends who lost loved ones in the wake of this national tragedy. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell; RESOLUTION NO, 2001-8 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI -DADS - COUNTY LEAGUE OF CITIES, INC., CONDEMNING THE CATASTROPHIC TERRORIST ATTACK ON THE NEW YORK WORLD TRADE CENTER AND THE PENTAGON, THE TRAGIC HIJACKING OF UNITED FLIGHT 93 THAT CRASHED IN SHANKSVILLEt PENNSYLVANIA, AND THE HEINOUS AND EVIL ACTS OF VIOLENCE AND DESTRUCTION PERPETRATED BY TERRORISTS; AND FURTHER STANDING FIRMLY BEHIND AND UNITED WITH THE PRESIDENT AND THE FEDERAL GOVERNMENT IN ITS MOBILIZATION AND RESCUE EFFORTS AND ITS DETERMINATION TO ISOLATE AND ERADICATE THOSE RESPONSIBLE FOR SUCH HORRIFIC ACTS; AND EXTENDING OUR HEART-FELT PRAYERS AND CONDOLENCES TO THE FAMILIES AND FRIENDS WHO LOST LOVED ONES IN THE WAKE OF THIS NATIONAL TRAGEDY. WHEREAS, on September 11, 2001, an organized group of suicidal terrorists commandeered four. commercial airplanes, with a full load of fuel, and diverted scheduled flight paths with the aim to inflict the maximum destruction and loss of life of innocent, unsuspecting people; and WHEREAS, within an hour, the terrorists crashed the airplanes into the twin towers of the World Trade Center in New York City and the Pentagon in Washington, D.C., setting off a chain reaction that burned and buried thousands of victims under the rabble of the collapsed buildings; and WHEREAS, created as a symbol to world peace, the World Trade Center shall remain an undying symbol in our hearts of the bravery and ultimate sacrifice of our fellow law enforcement officers and firefighters and the fortitude of Americans to unite and overcome evil; and WHEREAS, while physical symbols of democracy, strength and freedom were attacked, the Board of Directors and its local elected officials and each Municipality will unite, remember, RESOLUTION NO. 2001-8 zo'd V2: ZT TOOZ Z 130 V009Z8ZS02T: XPJ 030 SA3NW11H AIID EWN extend prayers and condolences, and defend the freedoms that are the core of daily living in the United States; and NOW, THEREFORE, HE IT RESOLVED by the Board of Directors of the Miami -Dade County League of Cities, Inc.. Section 1. The Board of Directors of the Miami -Dade County League of Cities, Inc. hereby condemns the catastrophic terrorist attack on the New York World Trade Center and the Pentagon, the tragic hijacking of United Flight 93 that crashed in Shanksville, Pennsylvania, and the heinous and evil acts of violence and destruction perpetrated by terrorists; and further stands firmly behind and united with the President and the Federal Government in its mobilization and rescue efforts and its determination to isolate and eradicate those responsible for such horrific acts. Section 2. The Board of Directors of the Miami -Dade County League of Cities, Inc. extends heart -felt prayers and condolences to the families and friends who lost loved ones in the wake of this national tragedy. APPROVED AND ADOPTED by the Board of Directors of the Miami -Dade County League of Cities, Inc. at regular meeting assembled this day of October, 2001. ATTEST: JAY R. OFF DANIE EF Secretary President APPROVED AS TO FORM: (-,;:: �_' (-C- -), �'P - HOWAII95 B. ENARD General Counsel RESOLUTION NO. 2001-8 '20'd S2: ZT TOOZ Z 100 b009Z8ZSM : xP3 O30 SA3NWild AiIO SWN CITY ATIORhET S OFFICE CnY OF NORTH MIAMI REACH fl011 NLIOTN AVENUE NORTH MIAMI 1EACK FLORIDA 88104.8100 FANSIMILE TRANSMISSION DATE- TIME TO: FROM: COMPANY: FAX NUMBER. NO OF PAGES Oncludia0 this fee@ sheet) HOWARD 1. LENARD CITY ATTORNEY Ph: (805) 940 -4959 FIX 13051 1114004 If you do no recelue thistrausmisslon In It entirety please contact STEPHANIE of MARIA at (805)948-2939. TO'd bi:ZT TOOZ Z 130 b009Z8ZS02T:XP3 030 SA3N�011d AIIO HWN CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles D. Scur City Manager V DATE: September 25, 2001, SUBJECT: Agenda# it Commission Meeting October 2, 2001 Fee Increases REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to establish new fee increases for Pavilion Rentals, Tennis Court Fees, and Field Rentals for residents and non-residents. BACKGROUND & ANALYSIS Analysis and comparisons have confirmed that the City of South Miami's fees are below average. We strongly believe our residents should continue to benefit from their status as South Miami residents and taxpayers. Raising resident's fees is something that has not been done in a very long time and our recommendation still provides for a very good rate for them. A non-Resident fee is something that we feel strongly about, yet, even with the proposed fees for non-residents, they are still getting a fair deal. Dante Fascell Tennis Fees Residents Daily Court Rental Annual Individual Membership Annual/Family Membership Non-Residents Daily Court Rental Existing $2.00 tax included $101.18 tax included $151.23 tax included Existing $4.00 tax included Proposed $ 3.00 tax included $150.00 tax included $200.00 tax included Propose $4.00 (maxed- out comparing other municipalities Annual Individual Memberslup $319.50 tax included $426.00 tax included Annual / Family Membership $426.00 tax included $300.00 (tax included) Parks & Recreation Fees: Dante Fascell and Fuchs Park - Pavilion Rentals: Hours of Operation 12:00 p.m. - 5:00 p.m. Existing Proposed Residents $42.60 $75.00 (With refundable $100.00 Clean-up deposit) Non- Residents $125.00 $175.00 (With refundable $100.00 Clean -up deposit) Comparable prices from Tropical Park Pavilion Rental: Tropical Park $300.00 (Breakdown: $165.00 rental, $135.00 refundable Clean-up deposit) Field Rentals Palmer Park 2 hour minimum $40.00 No Lights 2 hour minimum $50.00 Lights Comparable prices from Tropical Park: Tropical Park Field Rental: Minimum 2 hour $36.21 No Lights Minimum 2 hour $44.73 Lights This is a year in which challenges must be met, and the adjustment of fees is necessary to meet our financial goals. RECOMMENDATION Approval is recommended. 2001 Ne F.i.-- non-- &T"mid.dda o+r.�r�ss� k�T'p'^ v�r., .:�.�'m- -r.�e-B?�.�',s-.,: 5.. .. .... �., •� � � ,..:. ,. .. ?o-, 4,. r� �_as'�"��v"�?Frzz?k -,�.., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING CITY MANAGER TO INCREASE RESIDENTS AND NON - RESIDENT FEES FOR PAVILION RENTALS, TENNIS MEMBERSHIPS, AND HOURLY COURT RATES, AND FIELD RENTALS, EFFECTIVELY OCTOBER 1, 2001. WHEREAS, We strongly believe our residents should continue to benefit from their status as South Miami residents and tax payers; and WHEREAS, Raising residents fees is something that has not been done in a very long time; and WHEREAS, Our recommendation still provides for a very good rate for them; and WHEREAS, Raising Non- Resident fees will still keep the cost in a lower range than surrounding communities /municipalities; and WHEREAS, The fees raised will be for Tennis Court Rentals, Pavilion Rentals, and Field Rentals; and WHEREAS, The following fee schedule shall take place: Dante Fascell Tennis Fees Residents _ Existing Daily Court Rental $2.00 tax included Annual Individual Membership $101.18 tax included Annual/Family Membership $151.23 tax included Non - Residents Existin Daily Court Rental $4.00 tax included Annual Individual Membership $319.50 tax included Annual / Family Membership $426.00 tax included Parks & Recreation Fees: Dante Fascell and Fuchs Park - Pavilion Rentals: Hours of Operation 12:00 p.m. - 5:00 p.m. Pro osed $ 3.00 tax included $150.00 tax included $200.00 tax included Proposed $4.00 (maxed- out comparing other municipalities $426.00 tax included $300.00 tax included Existinu Pro osed Residents $42.60 $75.00 (With refundable $100.00 Clean -up deposit) Non - Residents $125.00 $175.00 (With refundable $100.00 Clean -up deposit) Comparable prices from Tropical Park Pavilion Rental: Tropical Park- $300.00 (Breakdown: $165.00 rental, $135.00 refundable Clean -up deposit) Field Rentals — Palmer Park 2 hour minimum $40.00 No Lights 2 hour minimum $50.00 Lights Comparable prices from Tropical Park: Tropical Park Field Rental: Minimum 2 hour $36.21 No Lights Minimum 2 hour $44.73 Lights NOW THEREFORE BE IT RESOLVED BY THE MAYOR' AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the above mentioned increases will be implemented immediately. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October 2, 2001 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2001 Fee lumme Nm- ReMdents APPROVED: Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor& Date: October 2, 2001 and City Commission From: Charles D. Scurr RE: Agenda Item #—*Or City Manager LDC Text Amendment Height of Hedges Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20-3.6(11)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING;. PROVIDING FOR SEVERABILITY; PROVIDING: FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City's Land Development Code (Section 20-3(H)(2) )sets forth height limitations on fences, walls , gates, and trellises in residential areas. These regulations limit the height to 4 feet along property lines and in required yard spaces if it is facing a street. A maximum of 6 feet in height is allowed in required yard spaces that do not face a street. These same regulations are also applicable to "hedges and vines". Property owners who have hedges, ornamental vegetation, or landscaping exceeding these maximum heights are subject to code enforcement action including fines and penalties. It maybe appropriate for the height limitations on "natural" vegetation to be reconsidered in the light of the importance of landscaping in environmental issues and in the beautification of neighborhoods. In addition, the use of vegetation or landscaping as a screening mechanism (to block views of cars, boats, satellite dishes) should be encouraged as an alternative to a wall or fence. SPECIFIC AMENDMENT A draft ordinance, amending Section 20-3.6(H) of the LDC, was prepared by Planning Department staff, and reviewed by the Planning Board. The proposal would have the following results: LDC Amendment Height of hedges October 2, 2001 Page 2 1) By removing the word "hedges" from the restriction on physical barriers over four (4) or six (6) feet in height, as applicable, hedges used as physical barriers along side and rear property lines could exceed then the current height limit; 2) Repeal of the existing prohibition on ornamental vegetation extending over six (6) feet in height above grade in any required yard; 3) Hedges and vines used as a physical barrier on front property lines would also be permitted to exceed the current four (4) feet height limit; 4) No height limit would be imposed for hedges and vines on front, side and rear property lines, but they would still have to be properly trimmed and maintained. Planning Department staff believes that natural, growing plants form a more desirable physical barrier than wood fences or concrete walls. The Department recommends that the current regulations for fences and walls be retained, as excessively high wood or concrete barriers have proven to be aesthetically damaging to surrounding neighborhoods. However, high hedges of the type envisaged by the proposed ordinance, do not produce the same negative effect as oversized walls or fences. To the contrary, attractively- manicured hedges can produce an extremely desirable effect on the landscape and the surrounding neighborhood, and should be permitted. PLANNING BOARD RECOMMENDATION The Planning Board felt that it was important that the front property line should not be overwhelmed by high hedges which would completely obstruct visibility of the house itself. It was felt that some level of visibility from the front property line is desirable, both from an neighborhood aesthetic perspective, and from a public safety standpoint. Therefore, the Planning Board proposed that the regulations allow hedges only up to six (6) feet high on the front property frontage with an exception for ornamental entranceways in the hedges, which could be higher. The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment. The motion to approve was made by Mr. Comendeiro and seconded by Mr. Illas. The motion was adopted by a vote of 6 ayes and 1 nay (Mr. Liddy). CITY COMISSION ACTION The City Commission, during its review of the proposed ordinance at its meeting on September 18, deferred the first reading of this item to October 2, 2001. The Commission was concerned about the six foot height limitation for hedges on front property lines, and suggested revisions that would remove the limitation on the height of hedges. Further study by Planning Department staff indicates that several local cities (Miami Beach, Key Biscayne, Coral Gables) permit unlimited hedges. Therefore, the attached draft ordinance has been amended to reflect the concern, and hedges of any height would be permitted throughout. LDC Amendment Height of hedges October 2, 2001 Page 3 RECOMMENDATION It is recommended that the proposed ordinance, as revised, be approved on first reading. Attachments: Draft Ordinance City Commission Resolution No. 106-01'-] 1254 (authorizing initiation of amendment) LDC Sections 20- 3.6(H) Public Notices Planning Board minutes 8 -14 -01 CS /RGL SAY D: \Comm Items \22 01 \10 -2 -01 \LDC Amend Hedges Report.doc I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO AN 6 AMENDMENT TO THE CITY OF SOUTH MIAMI LAND 7 DEVELOPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN 8 ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND 9 VINES USED AS FENCING, SCREENING OR LANDSCAPING;. 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES 11 IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, The City's Land Development Code (Section 20- 3(H)(2) sets forth height 14 limitations on fences, walls, gates, and trellises in residential areas. which regulations are also 15 applicable to "hedges, vines and other natural vegetation "; and 16 17 WHEREAS, property owners who have hedges, ornamental vegetation, or landscaping 18 exceeding these maximum heights are subject to code enforcement action including fines and 19 penalties; and 20 21 WHEREAS, it is appropriate for the height limitations on "natural" vegetation to be 22 reconsidered in the light of the importance of landscaping in environmental issues and in the 23 beautification of neighborhoods; and 24 25 WHEREAS, the use of vegetation or landscaping as a screening mechanism to block 26 views of cars, boats, satellite dishes should be encouraged as an alternative to a wall or fence; 27 and 28 29 WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution 30 No. 106 -01 -11254 directing the preparation of an amendment to the text of the City of South 31 Miami Land Development Code, which would adjust the height of hedges in the front, side and 32 rear yards of property, and further directing that the amendment should be forwarded to the 33 Planning Board for review and recommendation; and 34 35 WHEREAS, a public hearing regarding the proposed amendment was held by the 36 Planning Board on August 14, 2001, 2001, at which time the Planning Board voted 6 ayes and 1 37 nay to recommend approval of the proposed amendment to the City Commission; and 38 39 WHEREAS, the City Commission desires to accept the recommendations of the Planning 40 Board and enact the aforesaid amendment. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 46 —r. _, T :�- .m --• —'. .i ,. e, �.. ,t'. 1 2 Section I That Section 20-3.6(H), entitled, "Physical Barriers" of the South Miami Land 3 Development Code is hereby amended to read as follows: 4 5 20-3.6 Supplemental regulations. 6 7 8 (H) Physical Barriers. 9 10 11 (2) Height limit. 12 13 Residential: 14 15 16 (b) In required yards not adjacent to a right-of-way, fences, walls, and trellises aitd 17 shall not exceed six (6) feet in height above grade. 18 19 (c) In required yards adjacent to a right-of-way, fences, walls, trellises, and gates and 20 hedges shall not exceed four (4) feet in height above grade. Fences and walls may be increased 21 by two (2) feet in height above grade, and gates may be increased by three (3) feet above grade, 22 provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of 23 the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60) 24 percent open area. 25 26 27 (iii) Trellises cannot exceed four (4) feet in height along rights-of-way. 28 Freestanding trellises not located along property lines and not installed to create a physical 29 barrier may extend up to six (6) feet in height above grade in any required yard. 0- antad alan" pldanay*31T Hinag and Unt ametallad f- 30 axiand .-n apz &at in haight ahazza eximada ;n 31 Jr 32 Tree species included in the Official Tree List of the City of South Miami shall not be considered 33 as physical barriers. 34 35 (iv) Vines, as defined under Section 20-2.3 may be permitted on any physical barrier. 36 3 Tiffl-a- s an- X-A an opfialnental lanfwanp@� J'WW== hall a zrina 16a allawad to 37 38 ru -v e a t -a a o- 1-61-111--aked pereent opaeity situation fo- that nowiman af a n]6zzuJ*iaaJ 16ar=r=;pr= 44zhiah Ir -- ---- -- -- Jr-.; 39 is greater= than four (4) feet in height -16-,-,- dxNad" alchndz vieshf-ar xwaw- . n n Z5-- --- - , - Z5- -- , - --.; 7 -- -- ---- ----x 40 h- a- permitted to- axagad ezx i6l &at: ;n 1,.. ,.1.+ ohn z =ade- There is no height ----.e gr 41 limitation for vines and hedges, but they must be maintained and trimmed regularly. All 42 hedges and vines located along properly lines abutting a right -of -way, must be in 43 conformity with the triangle of visibility regulations as set forth in Section 20-3.6 (G) 44 45 46 2 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK 1 st Reading - 2" d Reading- READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 92001 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: NOTE: New wording underlined; wording to be removed indicated by strike- through. 3 RESOLUTION NO. I p C, -C13 2 5 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE ELIMINATING HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City's Land Development Code (Section 20- 3(H)(2) ) sets forth height limitations on fences, walls, gates, and trellises in residential areas. which regulations are also applicable to "hedges, vines and other natural vegetation"; and WHEREAS, property owners who have hedges, ornamental vegetation, or landscaping exceeding these maximum heights are subject to code enforcement action including fines and penalties; and WHEREAS, it is appropriate for the height limitations on "natural" vegetation to be reconsidered in the light of the importance of landscaping in environmental issues and in the beautification of neighborhoods; and WHEREAS, the use of vegetation or landscaping as a screening mechanism to block views of cars, boats, satellite dishes should be encouraged as an alternative to a wall or fence; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A draft ordinance amending the LDC pertaining to the permitted height of hedges, vines and vegetation in residential areas shall be prepared by City staff and brought forward to the Planning Board and the City Commission for review and consideration.. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24`h day of July, 2001. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: c� !lo CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Robaina: Vice -Mayor Feliu. Yea Yea Commissioner Russell: Commissioner Bethel: Yea Yea Commissioner Wiscombe: Yea 20 -3.6 SOUTH NIIAbiI LAIND DEVELOPME" I` CODE (H) Physical Barriers. (1) All fences, walls, trellises and hedges may be erected on or along a property line, but shall not extend into official public rights -of -way or project on or over adjacent prop- erties. (2) Height limit. Residential: (a) Chain link fences will not be permitted on required vards adjacent to a right -of -way. (b) In required yards not adjacent to a right -of -way, fences, wails. trellises and hedges shall not exceed six (6) feet in height above grade. (c) In required yards adjacent to a right -of- way, fences, walls. trellises, gates and hedges shall not exceed four (4) feet in height above grade. Fences and walls may be increased by two (2) feet in height above grade, and gates may be increased by three ;(3) feet above grade, provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent open area. W Wooden fences exceeding four (4) feet in height along rights -of -way shall provide for a minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet in height above grade. The graphic 'Wooden Fence Types" includes an example of both an unacceptable and acceptable prototype. (ii) Masonry walls exceeding four (4) feet in height along rights -'of- -way shall provide a minimumof sixty (60) percent open area for all portions be- tween four (4) and six (6) feet in height above grade. No portion of any solid mason wall above four (4) feet in height above grade along rights- of-way g gr of -way shall exceed fourteen (14); inches in width. This is to provide for vertical support (per Section 20.3.6(H)(2)(c)) of screening material. The remaining balance of open area may be screened by metal work, wooden lattice or any other nonmasonry screening material. A minimum of sixty (60) percent open area shall be maintained. The graphic "Masonry Wall Types" includes an example of both an unacceptable and an acceptable prototype. Supp. No. 1 55 (iii) Trellises and hedges cannot exceed four (4) feet in height along rights- of- -way. Freestanding trellises not located along property lines and not installed to create a physical barrier may extend up to six (6) feet in height above grade in any, required yard. Ornamental vegetation and landscaping not located along property lines and not installed to create ` a physical barrier may extend up to six (6) feet in height above grade in any required yard. Tree species included in the Official Tree List of the City of South Miami shall not be considered as physical barriers. (iv) Vines, as defined under Section 20 -2.3 may be permitted on any physical barrier, but in no case shall a vine be allowed to create a one- hundred- percent opacity situation for that portion of a physical barrier which is greater than four (4) feet in height above grade along any right -of -way; in no case shall vines be permitted to exceed six (6) feet in height above grade. (v) Light fixtures are permitted to extend up to sixteen (16) inches above the maximum height for permitted physical barriers on single - family resi- dential properties. i Non- residential: j (d) Fences, walls, trellises or hedges on property zoned for non - residential uses I shall not exceed eight (8) feet in height above grade. (3) Prohibited featdres. Fences constructed wholly or partially of barbed wire are pro - hibited, except fences or walls exceeding six (6) feet which have a maximum top extension of sixteen (16) inches bearing a maximum of; three `(3) strands of barbed wire. Use of electrically charged fences shall not be permitted in any district. CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14, 2001 City Commission Chambers 7 :30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Ms., Brenda J. Yates was sworn in as apnew Planning Board member. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms Gibson, Mr. Juan Comendeiro . and Ms. Yates. City ,staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -012 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX' SERVICE IN ORDER TO ' PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow the existing permitted use to be located in several of the office and commercial zoning districts, and in the SR Specialty Retail "Hometown" zoning district. Planning Board Meeting August 14, 2001 Speakers (Residents): David Tucker, Sr., Douglas Adams and George David. The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance: Several concerns were raised by the Board and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns: running soapy water out of the establishments and down the streets; the impact on stormwater facilities resulting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100- 200 ft); the operational hours and days; introduction of transient population into the neighborhood; the noise originated by the air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The Board questioned whether the ordinance could self- destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible amendments to the proposed ordinance (with regard to the mobile vendors), which included: hours of operation from 9 :00 AM to 5:00 PM; twice a week including Saturdays; Sundays prohibited; a clause to clarify that the provisions of this ordinance would not apply to residential areas, however, car wash operations only be for the benefit of the occupant of the property. Motion: Mr. Morton moved to defer the request in order for staff to rework on the proposed ordinance as per the discussions and suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq. ft. to 44 sq. Ft. Staff noted that the proposed 2 Planning Board Meeting August 14, 2001 changes will have a citywide impact. Staff clarified that the existing 7.5 feet in height would not change. Applicant present: David J.Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers. The speakers also questioned the possibility of additional increase in the size of the sign in the future. The applicant explained the importance of this 'ordinance which will allow them to introduce an improved type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new sign will greatly improve communication in processing the drive -thru orders, reducing the need for the use of the loud speaker, and making the entire process much more effective. Motion: Mr. Mann moved for approval of the request and Ms. Yates seconded the motion: Vote: Ayes 5 Nays; 2 (Mr. Mann and Mr. Illas) PB -01 -014 APPLICANT: 1909 Cafe, Inc. REQUEST; RESOLUTION OF THE MAYOR` AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mr. Mann read the request into the record and staff presented the item relating to a request pursuant to Section 20- 3.4(B)(4)(b) of the Land Development' Code for a Special Use approval to locate a general restaurant "1909 Cafe in the "GR" General Retail Zoning Use District. ` The above - referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces and trash collection. The applicant emphasized that the restaurant strictly serves cold sandwiches with no cooking involved, therefore the trash generated from the establishment mainly consists of disposable dinnerware. 3 Planning Board Meeting August 14, 2001 Motion: Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms. Gibson seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -017 APPLICANT City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION " 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI -4) TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami Land- Development Code (LDC) in order to make technical corrections that would: allow the continuation of existing permitted industrial uses in the "TODD- (LI -4) Transit Oriented Development District (Light Industrial -4). With the adoption of an amendment to the LDC in 1997 which established a new zoning district' (TODD), a number of light industrial uses were eliminated from locating in any zoning district within the City. Staff noted that the City Commission by Resolution No. 105 -01 11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC in order to reinstate the light industrial uses as permitted uses in the TODD (LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same recommendation as proposed by staff. Speaker: David Tucker, Sr. The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below) recommended for reinstatement, specifically those that use chemicals. Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however the schedule shows that they can not be located in any zoning district. Automobile rental agency Radio and television repair shop Automobile repair and body shop Re- upholstery and furniture repair -services Automobile upholstery and top shop Taxidermist 4 Planning Board Meeting August 14, 2001 Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet cleaning service Contractor plant and storage Lawn maintenance services Motion: Mr. Comendeiro moved, approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Illas requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the original motion to approve the staffs recommendation. Vote: Ayes 4 Nays 3 (Mr. Liddy, Mr. Mann and Mr. Illas). PB-01 -018 APPLICANT: City of South Miami REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH'MIAMI'LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED "PHYSICAL BARRIERS- "HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Liddy read the request into the record and staff presented the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing for ornamental vegetation to extend over six (6) feet in height above grade in any required yard. The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing-the hedges to grow to an unlimited height, specifically along the front line of the property. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker: David Tucker, Sr. Motion: Mr.' Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2) no limit on the height of the hedges for the rear and the sides of the property. Mr. Illas seconded the motion. Vote: Ayes 6 Nays l _ (Mr. Liddy) 5 ma ,.. Planning Board Meeting August 14, 2001 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of July 10, 2001. Vote: Ayes 7 Nays 0 VI. Discussion Items The Chairman announced that the next Planning Board meetings are scheduled for August 28th and September 1 lth, 2001. Staff noted that the September 11t1i meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25`h is the tentative date for the joint" Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission. VIL Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10 :25 PM. h R L/n mra K:\PB\PB Minutes\2001 Minutes\MNS 08- 14- 01.doc 6