CITY OF WEST MIAMI

901 S.W. 62ND AVENUE

WEST MIAMI, FL 33144
WWW.CITYOFWESTMIAMIFL.COM

AGENDA
REGULAR COMMISSION MEETING

WEDNESDAY, NOVEMBER 15TH, 2017

7:30 P.M.
CITY HALL, COMMISSION CHAMBERS

CITY COMMISSION

MAYOR EDUARDO H. MUHIÑA

VICE-MAYOR CANDIDA BLANCA
COMMISSIONER JUAN M. BLANES
COMMISSIONER RHONDA A. RODRIGUEZ
COMMISSIONER LUCIANO L. SUAREZ

CITY MANAGER YOLANDA AGUILAR

CITY ATTORNEY JOSE A. VILLALOBOS
CITY CLERK ANNERY GONZALEZ

A-11/15/2017 Page 1 of 5
 1. INVOCATION:

2. PLEDGE OF ALLEGIANCE:

3. ROLL CALL:

4. PRESENTATION OF MINUTES FOR APPROVAL FOR OCTOBER 18TH, 2017

CHARTER REVIEW BOARD MEETING:

MOTION: _________________ SECOND:____________________ VOTE:_________________

PRESENTATION OF MINUTES FOR APPROVAL FOR NOVEMBER 1ST, 2017

REGULAR CITY COMMISSION MEETING:

MOTION: _________________ SECOND:____________________ VOTE:_________________

5. REPORT OF THE CITY MANAGER:

6. REPORT OF THE CITY ATTORNEY:

7. REPORT OF THE CITY ENGINEER:

8. COMMITTEE REPORTS:

- REPORT OF THE MAYOR:

9. CITIZEN PRESENTATIONS:

10. UNFINISHED BUSINESS:

A) NOMINATION OF ALTERNATE MEMBERS TO THE CHARTER REVIEW BOARD.

(MAYOR AND CITY COMMISSION)

11. NEW BUSINESS AGENDA ITEMS:

A) SECOND READING; PUBLIC HEARING: AN ORDINANCE OF THE CITY OF WEST

MIAMI, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES; PROHIBITING/BANNING SUCH FACILITIES AS A
LAWFUL USE WITHIN THE BOUNDARIES OF THE CITY AS AUTHORIZED BY
SECTION 381.986, FLORIDA STATUTES; AMENDING THE MUNICIPAL CODE OF
ORDINANCES, TO PROHIBIT/BAN ALL SUCH USES IN ALL ZONING DISTRICTS
OF THE CITY; PROVIDING FOR IMPLEMENTING PROVISIONS AND A
DEFINITION; PROVIDING FOR A MORATORIUM CONTINGENCY; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT;
PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE. (MAYOR AND CITY COMMISSION)

MOTION: _________________ SECOND:___________________ VOTE:__________________

A-11/15/2017 Page 2 of 5
 B) PUBLIC HEARING:

PROPERTY ADDRESS: 6290 SW 8 STREET, WEST MIAMI, FLORIDA 33144

SUPPD # 2017-003
SOLESTE ALAMEDA II, LLC.
4949 SW 75TH AVE
MIAMI, FL 33155

APPLICANT REQUESTS A “SPECIAL USE PERMIT FOR PLANNED DEVELOPMENT”

FOR THE PROPERTY AT 6290 SW 8 STREET WEST MIAMI, FL. 33144. THE
PROPERTY AT 6290 SW 8 STREET TOTALS 95.00 FEET WIDE BY 201.00 FEET LONG.
THE TOTAL ACREAGE FOR THE “C” PARCEL IS 0.3075 ACRES AND THE TOTAL
ACREAGE OF THE “R5” OFF-STREET PARKING FOR COMMERCIAL PARCEL IS
0.2726 FOR A COMBINE TOTAL OF 0.5801 ACRES. THE PARCELS OF LAND ARE
WITHIN THE “MIXED USE CORRIDOR. THE APPLICANT IS REQUESTING TO
BUILD 8 STORIES BUILDING ON THE FRONT PARCEL AND A FIVE STORY
BUILDING ON THE REAR PARCEL TO INCLUDE TWO STORIES OF PARKING
GARAGE AND ONE UNDERGROUND PARKING LEVEL. THE BUILDING
CONSISTS OF 90 RESIDENTIAL UNITS OF WHICH 30 ARE LIVE/WORK UNITS
WITH A TOTAL SQUARE FOOTAGE OF 60,000 SQ. FT. ZONING ORDINANCE 282
SEC.2B, 4.23, 4.3, 4.32-4 ORD. 2014-01

C) A RESOLUTION OF THE CITY OF WEST MIAMI CITY COMMISSION, CITY OF

WEST MIAMI, FLORIDA, FOR SITE PLAN APPROVAL OF SPECIAL USE PERMIT
FOR PLANNED DEVELOMENT #2017-003, FOR SOLESTE ALAMEDA II, LLC. 6290 SW
8 STREET, WEST MIAMI, FLORIDA 33144, REQUIREMENTS FOR DEVELOPMENT
OF CERTAIN LANDS IN THE CITY OF WEST MIAMI AND REQUIRING COMPLETE
DEVELOPMENT OF ALL LAND AND IN LIEU OF THEREOF, REQUIRING CERTAIN
IMPROVEMENTS, DEDICATIONS AND OTHER TERMS AND CONDITIONS,
SUBJECT TO APPROVAL OF TRAFFIC CONCURRENCY BY THE APPROPRIATE
STATE GOVERNMENTAL AGENCIES, APPROVAL BY MIAMI DADE COUNTY AND
ANY OTHER REGULATORY AGENCY; PROVIDING FOR EFFECTIVE DATE.
(MAYOR AND CITY COMMISSION)

MOTION:___________________ SECOND:______________________ VOTE:____________

D) PUBLIC HEARING:

PROPERTY ADDRESSES: 6320 SW 8 STREET, WEST MIAMI, FLORIDA 33144

SUPPD # 2017-002
SOLESTE ALAMEDA I, LLC.
4949 SW 75TH AVE
MIAMI, FL 33155

A-11/15/2017 Page 3 of 5
 APPLICANT REQUESTS A “SPECIAL USE PERMIT FOR PLANNED DEVELOPMENT”
FOR THE PROPERTY AT 6320 SW 8 STREET WEST MIAMI, FL. 33144. THE
PROPERTY AT 6320 SW 8 STREET TOTALS 196.48 FEET WIDE BY 216.13 FEET LONG.
THE TOTAL ACREAGE FOR THE “C” PARCEL IS 0.7169 ACRES AND THE TOTAL
ACREAGE OF THE “R5” OFF-STREET PARKING FOR COMMERCIAL PARCEL IS
0.6353 FOR A COMBINE TOTAL OF 1.3522 ACRES. THE PARCELS OF LAND ARE
WITHIN THE “MIXED USE CORRIDOR. THE APPLICANT IS REQUESTING TO
BUILD 8 STORIES BUILDING ON THE FRONT PARCEL AND A FIVE STORY
BUILDING ON THE REAR PARCEL TO INCLUDE TWO STORIES OF PARKING
GARAGE AND ONE UNDERGROUND PARKING LEVEL. THE BUILDING
CONSISTS OF 216 RESIDENTIAL UNITS OF WHICH 75 ARE LIVE/WORK UNITS
WITH A TOTAL SQUARE FOOTAGE OF 145,991 SQ. FT. ZONING ORDINANCE 282
SEC.2B, 4.23, 4.3, 4.32-4 ORD. 2014-01

E) A RESOLUTION OF THE CITY OF WEST MIAMI CITY COMMISSION, CITY OF

WEST MIAMI, FLORIDA, FOR SITE PLAN APPROVAL OF SPECIAL USE PERMIT
FOR PLANNED DEVELOMENT #2017-002, FOR SOLESTE ALAMEDA I, LLC. 6320 SW
8 STREET, WEST MIAMI, FLORIDA 33144, REQUIREMENTS FOR DEVELOPMENT
OF CERTAIN LANDS IN THE CITY OF WEST MIAMI AND REQUIRING COMPLETE
DEVELOPMENT OF ALL LAND AND IN LIEU OF THEREOF, REQUIRING CERTAIN
IMPROVEMENTS, DEDICATIONS AND OTHER TERMS AND CONDITIONS,
SUBJECT TO APPROVAL OF TRAFFIC CONCURRENCY BY THE APPROPRIATE
STATE GOVERNMENTAL AGENCIES, APPROVAL BY MIAMI DADE COUNTY AND
ANY OTHER REGULATORY AGENCY; PROVIDING FOR EFFECTIVE DATE.
(MAYOR AND CITY COMMISSION)

MOTION:___________________ SECOND:______________________ VOTE:____________

F) REPORT BY THE OFFICE OF THE CITY MANAGER REGARDING THE ONGOING

USE OF PTP SURTAX APPEAL BY THE CITY OF WEST MIAMI TO THE OFFICE OF
CITT AS IT PERTAINS TO THE AUDIT PERIOD 2008 THROUGH SEPTEMBER
9/30/2016. (OFFICE OF THE CITY MANAGER).

G) PRESENTATION OF LEGISLATIVE PRIORITIES WITH PROJECTS THAT DEAL

WITH THE HARDENING OF CITY AND/OR PUBLIC FACILITY INFRASTRUCTURE
FOR LEGISLATIVE YEAR 2018-2019. (OFFICE OF THE CITY MANAGER)

H) DISCUSSION REGARDING THE REVITALIZATION OF THE CITY OF WEST MIAMI

MEMORIAL DAY PARADE. (COMMISSIONER RHONDA RODRIGUEZ)

I) DISCUSSSION REGARDING "FAMILY NIGHTS" PROGRAM IN THE CITY OF WEST

MIAMI. (COMMISSIONER RHONDA RODRIGUEZ)

A-11/15/2017 Page 4 of 5
12. GOOD OF THE ORDER:

ADJOURNMENT:
MOTION TO ADJOURN BY: SECOND BY:
MEETING ADJOURNS:

NOTE:

* Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will
require a verbatim record of the proceeding upon which the appeal is based. Interested persons should, therefore, take the necessary steps to ensure that a
verbatim record of the proceedings is made which contains the testimony and evidence upon which the appeal is based. (F.S.286.0105)
* Any person wishing to address the City Commission on any item on the agenda shall register with the City Clerk prior to the item being heard. Prior to
making a statement, please state your name and address for the record.
* Any person requiring special accommodations for participation in the meeting should contact the City Clerk at 305 266-1122, with requests for auxiliary aids
or services at least two business days before the meeting.

A-11/15/2017 Page 5 of 5
 CITY OF WEST MIAMI
MINUTES

CHARTER REVIEW BOARD MEETING

WEDNESDAY, OCTOBER 18TH, 2017

6:00 PM
COMMISSION CHAMBERS
901 S.W. 62ND AVENUE
WEST MIAMI, FLORIDA

1. PLEDGE OF ALLEGIANCE. The Mayor led the Pledge of Allegiance.

2. ROLL CALL. The Mayor called the meeting to order at 6:15 P.M. Present were Mayor
Eduardo H. Muhiña, Vice-Mayor Candida Blanca, Commissioner Juan M. Blanes and
Commissioner Rhonda A. Rodriguez. Commissioner Luciano L. Suarez was excused.

Present also were:

Member Antonia Chavez
Member Natalie Milian
Member Ralph Orelle
Alternate Member Zachariah Evangelista
Member Joe Paz was excused
City Manager Yolanda Aguilar
City Attorney Jose A. Villalobos
City Clerk Annery Gonzalez

NOTE FOR THE RECORD: The City Clerk informed Member Eugenio Gonzalez had submitted
his resignation.

3. CITIZENS PRESENTATIONS. No presentations.

4. APPROVAL OF MINUTES OF SEPTEMBER 20TH, 2017 MEETING. Vice-Mayor Blanca

motioned to approve the Minutes as presented. The motion was seconded by
Commissioner Rodriguez. All voted in favor.

5. APPROVAL OF MINUTES OF OCTOBER 4TH, 2017 MEETING. Vice-Mayor Blanca

motioned to approve the Minutes as presented. The motion was seconded by Member
Chavez. All voted in favor.

6. OLD BUSINESS: None

7. NEW BUSINESS AGENDA ITEM:

NOTE : Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored,
underlined and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.

M-Charter Review Board Mtg 10/18/2017-Page 1 of 4

 CITY OF WEST MIAMI

CHARTER REVIEW BOARD MEETING

MINUTES
WEDNESDAY, OCTOBER 18TH, 2017
(PAGE 2 OF 4)

A) Opening Remarks, Eduardo H. Muhiña, Mayor. The Mayor gave the opening
remarks.

B) Schedule of Charter Review Board Meetings. The City Attorney requested the
cancelation of the November 1st, 2017 Charter Review Board Meeting. All were in
favor. The next meeting was then announced for November 15th, 2017 at 6:00 P.M.

C) Revisit Issues Discussed at Charter Review Board Meeting of October 4th, 2017.
The City Attorney recommended the following:
ARTICLE I CREATION AND POWERS
Section 1.01 Creation of Power. No changes.
Section 1.02 Construction. No changes.
Article II Corporate Limits. No changes.
ARTICLE II LEGISLATIVE
Section 3.01 City Commission; powers, compositions. No changes.
Section 3.02 Qualifications. No changes.
Section 3.03 Election; separate groups; offices; and terms. No changes.
Section 3.04 Compensation and expenses.

How the Charter currently reads on this Section’s third paragraph:

The Council may, at a regularly called meeting and by a four-fifths ( 4/5 ) affirmative vote,
approve additional expenses for Council members for travel and/or per diem expenses within the
State of Florida, provided, however, such travel and per diem expenses are for the direct benefit
and/or direct city business. It is not the intent hereby to permit payment of expenses and/or per
diem expenses for travel for attendance at seminars, conventions, dinners, for lobbying purposes
or for other such uses. Expenses for travel and/or per diem expenses shall be limited to that as is
provided for within the Statutes of the State of Florida.

Draft of proposed language:

The Commission may, at a regularly called meeting and by a 4/5 affirmative vote, approve
additional expenses for Commission members to travel and for per diem expenses, which are for
the direct benefit of the City of City business, for attendance at educational seminars and
conventions, advocating and dinners at League of Cities or other similar events. Expenses and per
diems shall be limited as provided by Florida Statutes.

Member Milian motioned in favor of the proposed language. The motion was seconded by
Member Orelle. All voted in favor.

M-Charter Review Board Mtg 10/18/2017-Page 2 of 4

 CITY OF WEST MIAMI

CHARTER REVIEW BOARD MEETING

MINUTES
WEDNESDAY, OCTOBER 18TH, 2017
(PAGE 3 OF 4)

D) Review of Section 3.05, Vacancies, forfeiture of office; filing of vacancies. No

changes.
E) Review of Section 3.06, Procedure. No changes.
F) Review of Section 3.07, Initiatives and Referendums. No changes.
G) Review of Section 3.08, Mayor and Vice Mayor. This Section was discussed and the
city Attorney recommended to rewrite the first paragraph. A proposed language
will be submitted at the next meeting.

H) Review of Section 4.01, City Manager. No changes.

I) Review of Section 4.02, Appointment; Removal, Compensation. No changes.
J) Review of Section 4.03, Acting City Manager. No changes.
K) Review of Section 4.04, Powers and duties of the City Manager. No changes.
L) Review of Section 4.05, City Clerk. No changes.
M) Review of Section 4.06, City Attorney, City Engineer. No changes.

Further the following sections were reviewed as follows:

ARTICLE V. - FINANCE AND TAXATION
Section 5.01, Fiscal year. No changes.
Section 5.02, Submission of annual budget by the Manager. No changes.
5.03 , Contents of the Manager's budget message. No changes.
5.04 ,Public hearing as to the budget; notice. No changes.
5.05 , Budget hearing. No changes.
5.06, Same—Revision of budget. No changes.
5.07, Final adoption of budget. No changes.
5.08, Appropriation of items contained in budget. No changes.
5.09, Levy of taxes as required by the budget; failure to adopt ordinance. No changes.
5.10, Transfer of funds between departments. No changes.
5.11, Emergency appropriations. No changes.
5.12 , Authority of the Council to borrow money in cases of emergencies. No changes.
5.13, General obligation bonds; limitation. No changes.
5.14 , Expenditures limited by the budget. No changes.
5.15, Independent audit. No changes.
ARTICLE VI. - QUALIFICATIONS AND ELECTIONS
6.01, Nonpartisan elections. No changes.
6.02 , Qualifications. No changes.
6.03, Form of ballots. No changes.
6.04, Recall. No changes.
6.05, Amendment of Charter. No changes.

M-Charter Review Board Mtg 10/18/2017-Page 3 of 4

 CITY OF WEST MIAMI

CHARTER REVIEW BOARD MEETING

MINUTES
WEDNESDAY, OCTOBER 18TH, 2017
(PAGE 4 OF 4)

ARTICLE VII. - GENERAL PROVISIONS

7.01, Validation of prior official acts. No changes.
7.02, Separability clause. No changes.
7.03, Authority to establish lien for nonpayment of service charges. No changes.
7.04, Authority of City to declare nuisances and require abatement thereof. No changes.
7.05, Prohibition against hiring former Council members. No changes.
7.06, Charter Review Board. No changes.
7.07, Payment of judgments, or fines against officials, Board Members or employees. No
changes.
ARTICLE VIII. - TRANSITION SCHEDULE
8.01, Continuation of former Charter provisions. No changes.
8.02, Ordinances preserved. No changes.
8.03, Rights of officers and employees. No changes.

8.04, Pending matters. No changes.

8.05, Schedule. No changes.
8.06, Deletion of obsolete schedule items. No changes.
8.07, [Elected office of Mayor abolished; term of current Council members.]
Recommended to be abolished.
8.08, [Approval and effect.].Not discussed
8.09, Effective date. Not discussed.
8.10 ,[Conflict.]. Not discussed.

8. GOOD OF THE ORDER. Commissioner Rodriguez thanked the City Attorney for such a
productive meeting.

9. ADJOURNMENT: There being no further business before the Charter Review Board, the
meeting was declared adjourned at 7:00 P.M.

RESPECTFULLY SUBMITTED BY:

_______________________________
ANNERY GONZALEZ, CMC
CITY CLERK

M-Charter Review Board Mtg 10/18/2017-Page 4 of 4

 CITY OF WEST MIAMI
COMMISSION MEETING MINUTES

REGULAR COMMISSION MEETING

WEDNESDAY, NOVEMBER 1ST, 2017

7:30 PM
COMMISSION CHAMBERS
901 S.W. 62ND AVENUE
WEST MIAMI, FLORIDA

1. INVOCATION. City Manager Yolanda Aguilar gave the Invocation.

2. PLEDGE OF ALLEGIANCE. Police Captain Pedro Delgado led the Pledge of Allegiance.

3. ROLL CALL. The Mayor called the meeting to order at 7:35 P.M. Present were Mayor
Eduardo H. Muhiña, Vice-Mayor Candida Blanca, Commissioner Juan M. Blanes,
Commissioner Rhonda A. Rodriguez and Commissioner Luciano L. Suarez.

NOTE FOR THE RECORD: The City Attorney was excused.

4. PRESENTATION OF MINUTES FOR APPROVAL FOR OCTOBER 18TH, 2017

REGULAR CITY COMMISSION MEETING. Vice-Mayor Blanca motioned to approve
the Minutes as presented. The motion was seconded by Commissioner Suarez. All voted in
favor.

5. REPORT OF THE CITY MANAGER. The City Manager submitted a verbal report, which
included the following:
- Lighting of the Tree 2017 Event
- FEMA – After Hurricane Irma claims

6. REPORT OF THE CITY ATTORNEY. No report.

7. REPORT OF THE CITY ENGINEER. No report.

8. COMMITTEE REPORTS. Commissioner Blanes reported about the Halloween Costume

Contest, which was a success. Also Commissioner Blanes commended the Recreation
Center staff for the goof job. Also the City Manager recommended presenting Publix and
Latin American Bakery with certificates of appreciation for their donations to the event.

9. CITIZEN PRESENTATIONS. No presentations.

10. UNFINISHED BUSINESS:

A) NOMINATION OF ALTERNATE MEMBERS TO THE CHARTER REVIEW BOARD.

No nominations.

M-11/01/2017 Page 1 of 2
 CITY OF WEST MIAMI

COMMISSION MEETING MINUTES

REGULAR COMMISSION MEETING
WEDNESDAY, NOVEMBER 1ST, 2017
(PAGE 2 OF 2)

11. NEW BUSINESS AGENDA ITEMS:

A) RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST

MIAMI AUTHORIZING THE CITY MANAGER THE EXPENDITURE OF A LUMP
SUM OF EIGHT THOUSAND NINE HUNDRED THIRTY DOLLARS ($8,930.00) FOR
THE PURPOSE OF ACCOMPLISHING THE COOPER PARK ELECTRICAL
IMPROVEMENTS DAMAGED BY HURRICANE IRMA ON SEPTEMBER 8TH, 2017;
PAYABLE TO T.Y. LIN INTERNATIONAL TO PROVIDE PROFESSIONAL
ENGINEERING SERVICES FOR THE PREPARATION OF CONSTRUCTION
DOCUMENTS, PERMITTING ASSISTANCE AND CONSTRUCTION
ADMINISTRATION FOR THE PROPOSED IMPROVEMENTS; FUNDED FROM
HURRICANE NATIONAL DISASTER ACCOUNT 529-470; PROVIDING FOR
EFFECTIVE DATE. The Director of Public Works provided details of the project. City
Engineer Frank Alonso also gave the highlights of the project. Commissioner Suarez made
a motion to move the item forward. The motion was seconded by Commissioner Blanes.
All voted in favor by a 5-0 voice vote.

12. GOOD OF THE ORDER. None.

ADJOURNMENT. There being no further business before the City Commission the meeting was
declared adjourned at 9:30 P.M.

RESPECTFULLY SUBMITTED BY:

_______________________________
ANNERY GONZALEZ, CMC
CITY CLERK

M-11/01/2017 Page 2 of 2
CHARTER REVIEW APPOINTMENTS 2017 Phone # Cell Phone #

MAYOR EDUARDO MUHINA

APPOINTEE: JOE PAZ D.O.A. 07/05/2017 6237 SW 15 ST 33144 305-460-5349 C(305)733-0245
ALTERNATE: ZACHARIAH EVANGELISTA D.O.A. 08/16/2017 2101 SW 67 Ave #330 33155 C(305)975-9597

VICE MAYOR LUCIANO L. SUAREZ:

APPOINTEE: NATALIE MILIAN D.O.A: 07/19/2017 6170 SW 19 ST 33155 (305)606-8900
ALTERNATE:

COMMISSIONER CANDIDA BLANCA:

APPOINTEE:
ALTERNATE:

COMMISSIONER JUAN M. BLANES:

APPOINTEE: RALPH ORELLE, JR D.O.A. 12/4/2013 1910 SW 63 AVE 33155 (786)587-3991
ALTERNATE:

COMMISSIONER RHONDA A. RODRIGUEZ

APPOINTEE: ANTONIA CHAVEZ D.O.A. 07/05/2017 5911 SW 9 Terr 33144 W(305)436-5600 C(305)905-0237
ALTERNATE: ERIC DIAZ PADRON D.O.A. 9/20/2017 950 SW 57 Ave #850 33144 C(305)915-0460

TENTATIVE MEETING DATE:

AUGUST 16th, 2017 @ 6:00 P.M.

September 20th, 2017 2 6:00 P.M.
October 4th, 2017 (Scheduled @ 6:00 pm)
 DRAFT 9/19/17

ORDINANCE 2017-MARIJUANA

AN ORDINANCE OF THE CITY OF WEST MIAMI, FLORIDA,

RELATING TO MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES; PROHIBITING/BANNING SUCH
FACILITIES AS A LAWFUL USE WITHIN THE BOUNDARIES
OF THE CITY AS AUTHORIZED BY SECTION 381.986, FLORIDA
STATUTES; AMENDING THE MUNICIPAL CODE OF
ORDINANCES, TO PROHIBIT/BAN ALL SUCH USES IN ALL
ZONING DISTRICTS OF THE CITY; PROVIDING FOR
IMPLEMENTING PROVISIONS AND A DEFINITION;
PROVIDING FOR A MORATORIUM CONTINGENCY;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR
LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR A
SAVINGS PROVISION; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.

WHEREAS, Article VIII, Section 2, Constitution of the State of Florida,

authorizes the City of West Miami to exercise any power for municipal purposes except
as otherwise provided by law; and

WHEREAS, Section 163.3202, Florida Statutes, provides that the City of West
Miami shall adopt and enforce land development regulations for the purpose of
implementing its Comprehensive Plan and protecting the public health, safety, and
general welfare; and

WHEREAS, the City of West Miami has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida; Chapters 163 and 166,
Florida Statutes; and Section 381.986, Florida Statutes; and

WHEREAS, potential adverse impacts on the health, safety, and welfare of

residents and business from secondary effects associated with the sale and distribution of
medical marijuana exist, potentially including: offensive odors, trespassing, theft,
increased crime in and about the medical marijuana dispensing facility business,
robberies, negative impacts on nearby businesses and nuisance problems; and

WHEREAS, certain of the above potential adverse impacts are accentuated by

the current difficulties experienced by medical marijuana dispensing facility business in
obtaining banking services necessitating such businesses to operate on a cash basis; and

WHEREAS, despite the adoption by the State of Florida Legislature of section

381.986, Florida Statutes, the activities allowed in Florida remain illegal under federal
law; and

Ord. 2017-XX-Marijuana Ban

Page 1 of 5
42871027;1
 WHEREAS, there exists the potential for misappropriation and diversion of
medical marijuana to non-medical uses; and

WHEREAS, in 1996, the State of California became the first state to legalize the
use of medical marijuana, and several other states subsequently enacted laws legalizing
medical marijuana in various circumstances; and

WHEREAS, the Marijuana Policy Group has published a memorandum called

"Municipal Dispensary Allocation: Florida," which evaluated the market need for
medical marijuana dispensing facilities and the harmful consequences and secondary
effects of over-saturation of medical marijuana dispensing facilities within the market
place; and

WHEREAS, Section 381.986(11), Florida Statutes, authorizes a county or

municipality to "ban medical marijuana treatment center dispensing facilities from being
located within the boundaries of that county or municipality"; and

WHEREAS, Section 381.986(1) (j), Florida Statutes, provides that, when

authorized by a local government, “medical use” of marijuana authorized by a physician
certification does not include“[p]ossession, use, or administration of marijuana in a form
for smoking. . . “; and.

WHEREAS, Section 381.986(11), Florida Statutes, further provides that "[a]

county or municipality that does not ban dispensing facilities under this subparagraph
may not place specific limits, by ordinance, on the number of dispensing facilities that
may locate within that county or municipality," and that "[e]xcept as provided in
paragraph (c), a county or municipality may not enact ordinances for permitting or for
determining the location of dispensing facilities which are more restrictive than its
ordinances permitting or determining the locations for pharmacies licensed under chapter
465"; and

WHEREAS, given, among other things, the secondary effects of medical

marijuana dispensing facilities, and the statutory restrictions on local government
authority to regulate number and location of dispensing facilities if not banned, there is a
rational basis for the City to exercise its authority under Section 381.986(11), Florida
Statutes, to ban dispensing facilities within the boundaries of the City; and

WHEREAS, the City Commission of the City of West Miami finds that it is in
the best interests and welfare of the citizens of the City to enact this Ordinance; and

WHEREAS, the City of West Miami has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance; and

WHEREAS, this Ordinance is consistent with the goals, objectives and policies
of the Comprehensive Plan of the City West Miami; and

Ord. 2017-XX-Marijuana Ban

Page 2 of 5
42871027;1
 WHEREAS, the recitals to this Ordinance (whereas clauses) are adopted as the
legislative findings and intent of the City Commission of the City of West Miami.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF

THE CITY OF WEST MIAMI, FLORIDA THAT:

SECTION ONE: PROHIBITION ON MEDICAL MARIJUANA DISPENSING

FACILITIES. The Code of Ordinances of the City of West Miami is amended to include
the following:

Prohibition on Medical Marijuana Dispensing Facilities.

(a). Prohibition. Medical marijuana treatment center dispensing facilities are

prohibited and shall not be located within the boundaries of the City. The City shall not
accept, process or approve any request or application for a development order,
development permit, building permit or other approval associated with a proposed
medical marijuana treatment center dispensing facility.

(b). Definition. For the purposes of this section, the term "Medical Marijuana
Treatment Center Dispensing Facility" means any facility where medical marijuana or
any product derived therefrom is dispensed at retail.

(c). Interpretation/Intent. This section and the terms used herein shall be interpreted in
accordance with Section 381.986, Florida Statutes, and Chapter 64-4, Florida
Administrative Code. The intent of this Ordinance is to ban medical marijuana treatment
center dispensing facilities from being located within the boundaries of the city as
authorized by Section 381.986 (11), Florida Statutes.

Moratorium Contingency.

In the event Section 381.986, Florida Statutes, is amended or interpreted by a court of

competent jurisdiction in a way as to eliminate or prevent the City's ability to ban or
prohibit marijuana treatment center dispensing facilities within the City Limits (or such
statute or this Ordinance is interpreted in a manner to prevent the enforcement of this
Ordinance), upon the effective date of such, an automatic one (1)-year moratorium shall
go into place on the acceptance, processing and approval of marijuana treatment center
dispensing facilities (including by way of example only and not a limitation, acceptance,
proceeding and approval of applications for development orders and permits) within the
City Limits in order to give the City time to evaluate changes in the applicable law, the
City's ability to regulate such uses and activities and potentially enact local legislation
regarding the same. Such one-year moratorium may be terminated early through
resolution or ordinance of the City Commission.

SECTION TWO: ENFORCEMENT. The City may enforce the provisions of this
Ordinance by any lawful means available to the City under the controlling provisions of
State law and the Code of Ordinances of the City of West Miami, Florida.

Ord. 2017-XX-Marijuana Ban

Page 3 of 5
42871027;1
SECTION THREE: SAVINGS. The prior actions of the City of West Miami relating
to the regulation of the matters and uses which are the subject of this Ordinance are
hereby ratified and affirmed to include, but not be limited, to the enforcement of all
controlling laws relative to the drug of marijuana.

SECTION FOUR: CODIFICATION.

(a). The provisions of this Ordinance, including its recitals, shall become and be made
a part of the Code of Ordinances of the City of West Miami, Florida the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention and the word
"Ordinance", or similar words, may be changed to "Section," "Article", or other
appropriate word.

(b). The legislative intent set forth in the recitals to this Ordinance shall be codified.

(c). Grammatical, typographical and similar or like errors may be corrected, and
additions, alterations, and omissions not affecting the construction or meaning of this
Ordinance or the City Code may be freely made. The Code codifier is granted liberal
authority to codify the provisions of this Ordinance to include, but not be limited to, the
editing of tables, charts and maps to reflect the intent of this Ordinance.

SECTION FIVE: CONFLICTS. All ordinances or parts thereof in conflict with

this Ordinance are hereby repealed to the extent of such conflict.

SECTION SIX: SEVERABILITY. If any section, subsection, sentence, clause,

phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion or application
shall be deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.

SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall take effect

immediately upon enactment.

PASSED AND ADOPTED this day of , 2017.

APPROVED

_________________________________
EDUARDO MUHINA, Mayor

ANNERY GONZALEZ, City Clerk

Ord. 2017-XX-Marijuana Ban

Page 4 of 5
42871027;1
Approved as to form and sufficiency

______________________________________
JOSE A. VILLALOBOS, City Attorney

Roll Call Vote

ROLL CALL VOTE:

MAYOR EDUARDO H. MUHIÑA

VICE-MAYOR CANDIDA BLANCA
COMMISSIONER JUAN M. BLANES
COMMISSIONER RHONDA A. RODRIGUEZ
COMMISSIONER LUCIANO L. SUAREZ

Ord. 2017-XX-Marijuana Ban

Page 5 of 5
42871027;1
 RESOLUTION #

A RESOLUTION OF THE CITY OF WEST MIAMI CITY COMMISSION, CITY OF WEST MIAMI,
FLORIDA, FOR SITE PLAN APPROVAL OF SPECIAL USE PERMIT FOR PLANNED
DEVELOMENT #2017-003, FOR SOLESTE ALAMEDA II, LLC. 6290 SW 8 STREET, WEST
MIAMI, FLORIDA 33144, REQUIREMENTS FOR DEVELOPMENT OF CERTAIN LANDS IN THE
CITY OF WEST MIAMI AND REQUIRING COMPLETE DEVELOPMENT OF ALL LAND AND IN
LIEU OF THEREOF, REQUIRING CERTAIN IMPROVEMENTS, DEDICATIONS AND OTHER
TERMS AND CONDITIONS, SUBJECT TO APPROVAL OF TRAFFIC CONCURRENCY BY
THE APPROPRIATE STATE GOVERNMENTAL AGENCIES, APPROVAL BY MIAMI DADE
COUNTY AND ANY OTHER REGULATORY AGENCY;

WHEREAS, Soleste Alameda II LLC, hereinafter referred to as "owner", as owner of the real property
described in the attached Exhibit "B" hereinafter referred to as "Parent Tract" has submitted an application
for SPECIAL USE PERMIT FOR PLANNED DEVELOPMENT # 2017-003, together with a site plan of
the proposed development plans, showing certain subdivision improvements which the owners covenant
and agree to make; and

WHEREAS, said owner has agreed to the terms and conditions set forth in this resolution in
consideration for the granting of the site plan approval.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of West Miami as
follows:

Section 1. In consideration of the foregoing, Owner is hereby granted SUPPD # 2017-003 of the above
described Parent Tract located and being in the City of West Miami, County of Miami-Dade, State of
Florida, on the following terms and conditions:

A.) A “Public Hearing” was held on October 24th, 2017 and rescheduled for technical
reasons on November 13th, 2017 before the Planning and Zoning Board. During the
hearing the people expressed their views on this project and relevant suggestions and
ideas for cohesion of the project with the Soleste Alameda I project and with the
residential neighborhood to the south of the project. After hearing all the views of the
public and responses from the attorney for the development and the owner/developer the
Planning and Zoning Board made a motion to recommend the development with the
below stated items with a favorable recommendation to the City Commission. On
November 15th, 2017 a “Public Hearing” was held at the West Miami City Commission
Chamber to hear views and concerns of the area property owners. The development was
presented and different views and questions were expressed the attorney for the developer
 explained and answered questions about the project.

B.) The review of the proposed “Special Use Permit for Plan Development” a 90 unit
residential mixed use project consisting of an eight (8) story mixed Use building with two
(2) stories of off-street parking plus one underground parking level and surrounded by a
five (5) story building with residential units towards the residential street of SW 9 Street
and SW 63 Avenue.

The building requirements are as follows:

Retail commercial use Floor Area Ratio (FAR) = 3.0X 13,395sq.ft. = 40,185 sq.ft.
Rear Parcels use Floor Area Ratio (FAR) = 2.5 X 11,875 sq.ft. = 29,687 sq.ft.
Proposed FAR 69,872 square feet
Proposed building is 69,872 sq. ft.
Eight stories mixed use in the front parcel and five stories of residential in the rear parcel
with three stories of off-street parking as proposed.

C.) The front building elevation shows a nine feet nine inch (9’9”) setback on the North
property line, no front setback is required.

D.) The rear of the building is setback 8feet 5 inches (8’5”) to the garage building wall and no
setback is required. The west side of the building is setback eight feet and eight inches
(8’ 8”) from the property line on SW 63 Avenue and the building is setback two feet eight
inches (2’8”) inches from the east property line. The developer has relocated the trash
collection to the western end of the property running parallel to SW 63 Avenue. This will
allow for the collection to be performed from the delivery dock area inside an enclosed
area and therefore shielded from the residential areas to the east.

E.) The building is across SW 9 Street to the South and no setback is required on the south
property line abutting the “R1” residential homes across the street on SW 9 Street. An
eight (8’) feet Decorative CBS fence wall is required on the East side of the development
along the property lines which abuts the “C” Commercial and “R5” Residential District to
the East with no openings to the property. The overall height of the building is 90 feet and
is within the 95 feet height restriction.

F.) The parking provided is 156 and exceeds the required amount of 146 parking spaces.
Parking spaces shall be nine (9’) feet by eighteen (18’) feet in size for standard vehicles
and Handicap parking spaces as required by Florida statutes.

G.) The ramp access to the parking areas are on SW 63 Avenue shall be gated to prevent
public access to the private parking garage and shall have all public areas recorded and
monitored with surveillance equipment twenty-four hours a day, seven days a week
including holidays.

Landscaping:

I.) Landscaped area is shown at 2,739 square feet of the site and the City Ordinance 282
 requires 10% for all developments of one (1) acre or more, the required landscape is
2,527 square feet. Landscaping as provided meets required and the massing of trees,
plants and palms meet our requirement. The City will mitigate the removal of the
specimen trees from the adjacent parkway areas surrounding the subject property. Trees
shown on elevation renderings must be of same height and caliber when planted at the
proposed project site and as indicated by the Director of Public Works.

Traffic Study:

J.) The traffic study provided indicates no adverse effects to the surrounding roadways. The
City engineers have been provided a copy of the traffic study and they have verified the
information provided by “RGA” Engineers. The parking access to the building is allowed
only from SW 63 Avenue. The delivery of merchandise or movers with trucks will have
access from SW 63 Avenue delivery bays only within the normal worked day times
allowed. All agencies having jurisdiction shall have the right to review the proposed
project. TYLIN Consulting Engineers is in agreement to with the proposed entrances and
delivery areas as proposed from SW 63 Avenue. Any additional costs for the review and
inspections by our consulting engineers will be paid by the developer.

Public Works improvements:

K.) All right-of-way swales surrounding the proposed project and across the project shall
have a curb and gutter along the edge of road way and shall be sodded and densely
landscaped to match the development. All parking along the right-of-way swales of SW
9 Street that exists at the present time between the project boundaries shall be remain. All
parkways across form the development shall be sodded and landscape to match the
development.

L.) Applicant will be required to construct all improvements per FDOT and Miami Dade
Standards as required and shall reimburse the City for expense relative to the project
oversight by the City Engineer.

M.) Existing sewer laterals have capacities for the new building and any additional
improvements to the system shall be borne by the developer.

N.) Storm Water for this property shall meet current storm water run-off ordinance for the
entire property.

O.) The Water system for the proposed development shall be improved as required and the
expenses associated shall be the responsibility of the developer.

P.) Lighting shall meet Miami-Dade County and City of West Miami off-street parking
ordinance. Any light spillage to the residential properties to the south shall be shielded at
the expense of the developer.

Q.) Any streets surrounding the development that are damaged during construction shall be
completely milled and overlaid at the end of project as directed by the Public Works
 Director. The roadway SW 9 Street and SW 63 Avenue shall be completely milled and
overlaid per MDPWD standards for local roadways as part of the design.

R.) All sidewalks surrounding project shall be six inch, 3000 psi concrete sidewalks in a
color or pattern to be selected by the City.

S.) Irrigation and Landscape of all right-of-way swales shall be as directed by the City’s
Public Works Department.

T.) All City impact fees for GSA, Police and Sanitary Sewers will be paid by the developer
prior to zoning approval being issued. Any other governmental agencies having
jurisdiction shall have the right to review, collect impact fees and developer shall be
required to pay and meet all concurrency requirements.

U.) Any fees for review, inspections and certifications by the City Engineers shall be the
responsibility of the developer or agents. Any omission from this review does not relieve
the developer from its responsibility to provide details and pay all associated costs.

V.) The review by Planning and Zoning Department has determined that the proposed
“Special Use Permit for Plan Development” of an eight story mixed use commercial
building at 6290 SW 8 Street, is within the intent of Zoning Ordinance 282 and the 2000
and 2005 City of West Miami Comprehensive Plan and meets current ordinance 2014-01.
This development provides for mixed use commercial and residential on the perimeter of
the City’s corridor as indicated in the Comprehensive Plan and provides for off-street
parking for the commercial use while maintaining the restrictions in the City’s
Comprehensive Plan.

W.) Developer shall reimburse the City for all administrative, legal and engineering costs
incurred by the City in conjunction with this proposed developments.

X.) Owner shall provide detailed plans for the construction of proposed development depicted
on the plans submitted under SUPPD # 2017-003 heretofore submitted to the City, prior to
issuance of building permits for improvements. Said plans shall include pavement,
drainage, trash collection area, gates and other structures and shall be subject to approval by
the City and all governing agencies.

Y.) Owner agrees that no Certificate of Occupancy or Temporary Certificate of Occupancy shall
be granted for any occupancy of the building until all dedications and improvements made a
part of this resolution are completed and approved by the City of West Miami and all other
pertinent government agencies.

Z.) Owner agrees that the City shall have the right to invoke and enforce the conditions,
restrictions, limitations and reservations set forth within the Special Use Permit for Planned
Development, at developers/owner’s expense.

The reviews by Planning and Zoning Department and the “Public Hearing” on October 24th, 2017 and
November 13th, 2017 before the Planning and Zoning Board and the “Public Hearing” on November
15th, 2017 before the City of West Miami City Commission have determined that the proposed “Special
Use Permit for Plan Development” of an Eight story mixed use and commercial use development at
6290 SW 8 Street, is in compliance with the intent of Zoning Ordinance 282 Sec.2B, 4.23, 4.3, 4.32-4
Ord. 2014-01.

PASSED AND ADOPTED this 15th day of November, 2017

APPROVED

_________________________________
Eduardo H. Muhiña, Mayor

________________________________
Annery Gonzalez, City Clerk

Approved as to form and sufficiency

_________________________________
Jose A. Villalobos, City Attorney

Roll Call Vote:

Mayor Eduardo H. Muhiña ____
Vice-Mayor Candida Blanca ____
Commissioner Juan M. Blanes ____
Commissioner Rhonda A. Rodriguez ____
Commissioner Luciano L. Suarez ____
 RESOLUTION #

A RESOLUTION OF THE CITY OF WEST MIAMI CITY COMMISSION, CITY OF WEST MIAMI,
FLORIDA, FOR SITE PLAN APPROVAL OF SPECIAL USE PERMIT FOR PLANNED
DEVELOMENT #2017-002, FOR SOLESTE ALAMEDA I, LLC. 6320 SW 8 STREET, WEST
MIAMI, FLORIDA 33144, REQUIREMENTS FOR DEVELOPMENT OF CERTAIN LANDS IN THE
CITY OF WEST MIAMI AND REQUIRING COMPLETE DEVELOPMENT OF ALL LAND AND IN
LIEU OF THEREOF, REQUIRING CERTAIN IMPROVEMENTS, DEDICATIONS AND OTHER
TERMS AND CONDITIONS, SUBJECT TO APPROVAL OF TRAFFIC CONCURRENCY BY
THE APPROPRIATE STATE GOVERNMENTAL AGENCIES, APPROVAL BY MIAMI DADE
COUNTY AND ANY OTHER REGULATORY AGENCY;

WHEREAS, Soleste Alameda I LLC, hereinafter referred to as "owner", as owner of the real property
described in the attached Exhibit "B" hereinafter referred to as "Parent Tract" has submitted an application
for SPECIAL USE PERMIT FOR PLANNED DEVELOPMENT # 2017-002, together with a site plan of
the proposed development plans, showing certain subdivision improvements which the owners covenant
and agree to make; and

WHEREAS, said owner has agreed to the terms and conditions set forth in this resolution in
consideration for the granting of the site plan approval.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of West Miami as
follows:

Section 1. In consideration of the foregoing, Owner is hereby granted SUPPD # 2017-002 of the above
described Parent Tract located and being in the City of West Miami, County of Miami-Dade, State of
Florida, on the following terms and conditions:

A.) A “Public Hearing” was held on October 24th, 2017 and rescheduled for technical reasons
on November 13th, 2017 before the Planning and Zoning Board. During the hearing the
people expressed their views on this project and relevant suggestions and ideas for
cohesion of the project with the residential neighborhood to the south of the project.
After hearing all the views of the public and responses from the attorney for the
development and the owner/developer the Planning and Zoning Board made a motion to
recommend the development with the below stated items with a favorable
recommendation to the City Commission. On November 15th, 2017 a “Public Hearing”
was held at the West Miami City Commission Chamber to hear views and concerns of the
area property owners. The development was presented and different views and questions
were expressed the attorney for the developer explained and answered questions about the
 project.

B.) The review of the proposed “Special Use Permit for Plan Development” a 216 residential
units mixed use project consisting of an eight (8) story mixed Use building with two (2)
stories of off-street parking plus one underground parking level and surrounded by a five
(5) story building with residential units towards the residential street of SW 9 Street and
SW 63 Avenue.

The building requirements are as follows:

Retail commercial use Floor Area Ratio (FAR) = 3.0X 31,231sq.ft. =93,693 sq.ft.
Rear Parcels use Floor Area Ratio (FAR) = 2.5X 27,674sq.ft. = 69,185 sq.ft.
Proposed FAR 162,878 square feet
Proposed building is 162,878 sq. ft.
Eight stories mixed use in the front parcel and five stories of residential in the rear parcel
with three stories of off-street parking as proposed.

C.) The front building elevation shows a ten feet setback on the North property line, no front
setback is required.

D.) The rear of the building is setback ten feet nine inches (10’9”) to the garage building wall
and no setback is required. The west side of the building is setback two and a half feet
(2’6”) from the property line and the building is setback ten feet one inch (10’1”) from
the east property line on SW 63 Avenue. The developer has relocated the trash collection
to the eastern end of the property running parallel to SW 63 Avenue. This will allow for
the collection to be performed from the delivery dock area inside an enclosed area and
therefore shielded from the residential areas to the east.

E.) The building is across SW 9 Street to the South and no setback is required on the south
property line abutting the “R1” residential homes across the street on SW 9 Street. An
eight (8’) feet Decorative CBS fence wall is required on the West side of the development
along the property lines which abuts the “C” Commercial and “R5” Residential District to
the West with no openings to the property. The overall height of the building is 90 feet
and is within the 95 feet height restriction.

F.) The parking provided is 385 and exceeds the required amount of 363 parking spaces.
Parking spaces shall be nine (9’) feet by eighteen (18’) feet in size for standard vehicles
and Handicap parking spaces as required by Florida statutes.

G.) The ramp access to the parking areas are on SW 63 Avenue shall be gated to prevent
public access to the private parking garage and shall have all public areas recorded and
monitored with surveillance equipment twenty-four hours a day, seven days a week
including holidays.

Landscaping:

I.) Landscaped area is shown at 12,995 square feet of the site and the City Ordinance 282
 requires 10% for all developments of one (1) acre or more, the required landscape is
5,890 square feet. Landscaping as provided meets required and the massing of trees,
plants and palms meet our requirement. The City will mitigate the removal of the
specimen trees from the adjacent parkway areas surrounding the subject property. Trees
shown on elevation renderings must be of same height and caliber when planted at the
proposed project site and as indicated by the Director of Public Works.

Traffic Study:

J.) The traffic study provided indicates no adverse effects to the surrounding roadways. The
City engineers have been provided a copy of the traffic study and they have verified the
information provided by “RGA” Engineers. The parking access to the building is allowed
only from SW 63 Avenue. The delivery of merchandise or movers with trucks will have
access from SW 63 Avenue delivery bays only within the normal worked day times
allowed. All agencies having jurisdiction shall have the right to review the proposed
project. TYLIN Consulting Engineers is in agreement to with the proposed entrances and
delivery areas as proposed from SW 63 Avenue. Any additional costs for the review and
inspections by our consulting engineers will be paid by the developer.

Public Works improvements:

K.) All right-of-way swales surrounding the proposed project and across the project shall
have a curb and gutter along the edge of road way and shall be sodded and densely
landscaped to match the development. All parking along the right-of-way swales of SW
9 Street that exists at the present time between the project boundaries shall be remain. All
parkways across form the development shall be sodded and landscape to match the
development.

L.) Applicant will be required to construct all improvements per FDOT and Miami Dade
Standards as required and shall reimburse the City for expense relative to the project
oversight by the City Engineer.

M.) Existing sewer laterals have capacities for the new building and any additional
improvements to the system shall be borne by the developer.

N.) Storm Water for this property shall meet current storm water run-off ordinance for the
entire property.

O.) The Water system for the proposed development shall be improved as required and the
expenses associated shall be the responsibility of the developer.

P.) Lighting shall meet Miami-Dade County and City of West Miami off-street parking
ordinance. Any light spillage to the residential properties to the south shall be shielded at
the expense of the developer.

Q.) Any streets surrounding the development that are damaged during construction shall be
completely milled and overlaid at the end of project as directed by the Public Works
 Director. The roadway SW 9 Street and SW 63 Avenue shall be completely milled and
overlaid per MDPWD standards for local roadways as part of the design.

R.) All sidewalks surrounding project shall be six inch, 3000 psi concrete sidewalks in a
color or pattern to be selected by the City.

S.) Irrigation and Landscape of all right-of-way swales shall be as directed by the City’s
Public Works Department.

T.) All City impact fees for GSA, Police and Sanitary Sewers will be paid by the developer
prior to zoning approval being issued. Any other governmental agencies having
jurisdiction shall have the right to review, collect impact fees and developer shall be
required to pay and meet all concurrency requirements.

U.) Any fees for review, inspections and certifications by the City Engineers shall be the
responsibility of the developer or agents. Any omission from this review does not relieve
the developer from its responsibility to provide details and pay all associated costs.

V.) The review by Planning and Zoning Department has determined that the proposed
“Special Use Permit for Plan Development” of an eight story mixed use commercial
building at 6320 SW 8 Street, is within the intent of Zoning Ordinance 282 and the 2000
and 2005 City of West Miami Comprehensive Plan and meets current ordinance 2014-01.
This development provides for mixed use commercial and residential on the perimeter of
the City’s corridor as indicated in the Comprehensive Plan and provides for off-street
parking for the commercial use while maintaining the restrictions in the City’s
Comprehensive Plan.

W.) Developer shall reimburse the City for all administrative, legal and engineering costs
incurred by the City in conjunction with this proposed developments.

X.) Owner shall provide detailed plans for the construction of proposed development depicted
on the plans submitted under SUPPD # 2017-002 heretofore submitted to the City, prior to
issuance of building permits for improvements. Said plans shall include pavement,
drainage, trash collection area, gates and other structures and shall be subject to approval by
the City and all governing agencies.

Y.) Owner agrees that no Certificate of Occupancy or Temporary Certificate of Occupancy shall
be granted for any occupancy of the building until all dedications and improvements made a
part of this resolution are completed and approved by the City of West Miami and all other
pertinent government agencies.

Z.) Owner agrees that the City shall have the right to invoke and enforce the conditions,
restrictions, limitations and reservations set forth within the Special Use Permit for Planned
Development, at developers/owner’s expense.

The reviews by Planning and Zoning Department and the “Public Hearing” on October 24th, 2017 and
November 13th, 2017 before the Planning and Zoning Board and the “Public Hearing” on November
15th, 2017 before the City of West Miami City Commission have determined that the proposed “Special
Use Permit for Plan Development” of an Eight story mixed use and commercial use development at
6320 SW 8 Street, is in compliance with the intent of Zoning Ordinance 282 Sec.2B, 4.23, 4.3, 4.32-4
Ord. 2014-01.

PASSED AND ADOPTED this 15th day of November, 2017

APPROVED

_________________________________
Eduardo H. Muhiña, Mayor

________________________________
Annery Gonzalez, City Clerk

Approved as to form and sufficiency

_________________________________
Jose A. Villalobos, City Attorney

Roll Call Vote:

Mayor Eduardo H. Muhiña ____
Vice-Mayor Candida Blanca ____
Commissioner Juan M. Blanes ____
Commissioner Rhonda A. Rodriguez ____
Commissioner Luciano L. Suarez ____