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02-02-88r REGULAR CITY COMMISSION MEETING FEBRUARY'2ND, 1988 PAGE 2. ORDINANCES - FIRST READING: none REMARKS: Commissioner E. Danny Brown: Commission discussion and determination of workshop meeting dates for selection process re: City Manager DEFERRED AND /OR TABLED: A Resolution denying a variance to allow a 13'6" rear setback where 25' is normally required on property legally described as the Lot 48 less the*-EAst 27.5' of Block 8, FRANKLIN - SUBDIVISION, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County,. Florida, a /k /a 6516 S.W.59th Court, South Miami, Florida. City Commission 1/19/88 (1) NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING FOR WHICH THIS AGENDA CONSTITUTES NOTICE, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS CONDUCTED AT SUCH MEETING AND FOR SUCH PURPOSE MAY NEED TO 'ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 0 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 8 -6 -2.01 OF ARTICLE VIII OF CHAPTER 20 OF THE CODE OF ORDINANCES BY ELIMINATING THE HEIGHT LIMITATION FOR HEDGES IN RESIDENTIAL ZONES AND CREATING SECTION 8 -6 -2.03 REQUIRING PROPER MAINTENANCE OF HEDGES. WHEREAS, the City's Zoning Code currently imposes a height limitation of six (6) feet above grade on hedges in residential zones of the City; and WHEREAS, the Mayor and City Commission deem it in the public interest to allow property owners to exercise their right of privacy and enjoyment of home ownership by eliminating such height limitation, while insuring that the hedges are properly maintained. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Thft Section 8 -6 -2.01 of Article VIII of Chapter 20 of the City's Code of Ordinances is hereby amended as follows: 8 -6 -2 Height .01 Fences and walls and- hedges higher than six (6) feet above grade are prohibited on or abutting on property zoned or used for residential purposes. Section 2. That Section 8 -6 -2.03 is hereby created: 8 -6 -2 .03 All hedges shall be maintained in conformity with the City "s existing regulations of this article regarding vision and the requirements of Chapter 12 of the Code of Ordinances addressing health and sanitation. PASSED AND ADOPTED this day of , 1988. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Passed on 1st Reading: 11/17/87 Passed on 2nd Reading: Additions shown by underlining: Deletions shown by ------- - - - - -- y APPROVED: MAYOR i Minutes- Planning Board - 12 - F. Public Hearing PB -87 -036 December 29, 1987 An -Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 8 -6 -2.01 of Article VIII of Chapter 20 of the Code of Ordinances by eliminating the height limitations for hedges in residential zones and creating Section 8 -6 -2.03 requiring proper maintenance for hedges. MOTION: Larry Ligammare moved for approval. Thomas Cooper seconded the Motion. Chairman Prentiss asked if there was anyone present who wished to speak on the Motion. Seeing none, the Public Hearing was closed. Mr. Myers asked if this was approved would height limitations be lifted on hedges, only, and whether or not fences would be affected. Ms. Aran - Spinrad- -said that---height - li- mi-tations would be lifted and fences would not be affected: Chairman Prentiss asked if under the proposed ordinance a 20 foot hedge would be permitted. Ms. Aran - Spinrad replied yes. Mr. Myers said that it was his understanding that this application would not affect fences, walls or hedges on commercial property and would only apply to residential property, and that, basically, all the Board would be doing is eliminating the word 'hedges' in Section 8 -6 -2.01 of Article VIII of Chapter 20 of the City's Code of Ordinances. Ms. Aran - Spinrad said that is correct. Mr. Ligammare was concerned with the question of safety at intersections where hedges were out of proportion and made it difficult to see. Ms. Aran - Spinrad said there was an ordinance in the City that states "within the triangle of visibility" which is 30 feet from the intersection of both lines of the sidewalk or the right -of -way, and there is an area between the height of three feet and six feet within that 30 foot line that cannot be obstructed by any kind of material that cannot be seen through. Mr. Hoffmann agreed with Mr. Ligammare's concern about visibility. He said that during the discussion on this matter at the Commission meeting, it was mentioned briefly about the visibility problems. The response from the Commissioners, who spoke to its was that they wanted to encourage greenery, as much as possible, without any type of 4 Minutes- Planning Board - 13 - December 29, 1987 s restriction whatsoever. He said that the homeowners that spoke that night talked about the issue of a height limitation, specifically in the front, as it was safer and better for law enforcement. He said that he did not remember anyone from the audience speaking in favor of no limitation, nonetheless, after several homeowners spoke in favor of a limit of four feet in height in the front, the Commission voted in opposition to that saying that they were encouraging greenery. Mr. Hoffmann said that he thought that they may be creating a monster by taking the cap off. He asked who was to make the determination as to proper maintenance of the hedges. Mr. Cooper and Mr. Ligammare agreed with Mr. Hoffmann. Mr. Cooper said that he thought the height should be kept low in the front, as it allowed the neighbors to partially police their streets.. Ms. Aran - Spinrad said that ;the issue is whether-hedges vou'ld---- be allowed to go from six feet and up. Mr. Cooper said that he would like to .see the Board modify the proposed ordinance to limit hedges, walls and fences not to exceed four feet in height on the front of the property. Mr. Myers asked Staff if there had been some type of enforcement problem with this issue. Ms. Aran - Spinrad replied there had been some complaints regarding hedges over six feet in height. Mr. Hoffmann said that he was a little confused procedurally, and he would like a ruling from the Chair as to how the Board is going to go about this, because what the Board is proposing seems to be flying in the face of what the Board is being presented. He said that amendments could be made to motion, but negative amendments could not be made that would gut the whole proposal. He said that he thought that what the Board was talking about, and that is what he would like a ruling on, is saying no to this as proposed and then putting together another proposal. Chairman Prentiss asked Staff what the procedure is for the Board to accomplish this. Ms. Aran - Spinrad said that she thought the Board has the flexibility to make any recommendations on what is being proposed. Chairman Prentiss said the problem he has is that what is was advertised stated the Board is having a hearing on the removal of limitations, and some people might have come for that reason. He said that other people might have come, if .... _.... _..... ....... ...__. .... _. _ . ......... .... . . . - -- __ _. _ -rte.. - . ,._... . _..._.._ Minutes- Planning Board - 14 - December 29, 1987 r .987 the advertisement had stated the Board was considering limiting the height. He was wondering what the Board's position is, if one item is advertised, and the Board comes up with a different product. Me. Aran - Spinrad said that she thought the Chairman was correct, but that the public would be' able to speak when the Item appeared before the Commission. Chairman Prentiss said that not having legal counsel at the meeting, he did not fee qualified to give a legal Interpretation, Therefore, he said that he would like the Board to vote on the motion as it is, and to allow the Minute to reflect that the Board is interested in limiting the height in the front of the property while not limiting the height in the rear and sides of the property. Mr. Hoffmann said that he. did not think that there was anything binding upon the Commission by the Board defeating this application as it stands and putting together a proposal and sending it to the Commission through the Minutes. Re said that as far as not having complied with the advertising procedures, he did not think that anyone is bound by what the Board does as long as the Book took an advisory role on that particular item. He said that he thought this would be the appropriate way to proceed. Vote: Approve: 0 Oppose: 7 The Motion failed. MOTION: Thomas Cooper moved to modify the Agenda by adding an amendment to the previous item. Bruce Hoffmann seconded the Motion. Vote: Approve: 7 Oppose: 0 MOTION: Thomas Cooper moved to amend the Ordinance by modifying under Section 8 -6- 2 Height .01 "Fences and walls higher than six (6•) feet above grade are prohibited on or abutting property zoned or used for residential purposes." Renumber .02 which deals with industrial and commercial use to number .03. Create a new .02 to read that "on the front setback the height of such fences, walls and hedges shall be no greater than four (4) feet." Vote: Approve: 7 Oppose: 0 e1 i RESOLUTION NO. 54 -85 -7019 B A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING PRIOR RESOLUTION 54 -85 -7019 BY PROVIDING FOR A REVISED SCHEDULE OF CONSTRUCTION FOR S.W. 73RD STREET FROM 1985 TO WITHIN ONE YEAR FROM THE PASSAGE OF THIS RESOLUTION. WHEREAS, on June 4th, 1985, the Mayor and Commission of the City of South Miami passed Resolution 54 -85 -7019 to permit a Planned Development - Hospital District (PH -HD) in favor of South Miami Hospital; and WHEREAS, pursuant to Section 16-7 -3 of Article XVI of the Zoning Ordinance of the City of South Miami, Florida, South Miami Hospital has made formal application to amend the final plans approved by the above - referenced resolution; and WHEREAS, after review of the Acting Director of Planning, Zoning & Community Development, the Environmental Review & Preservation Board and the Planning Board, approval has been recommended for the proposed change by South Miami Hospital, with the Planning Board recommending an extension of 90 days for said construction. • NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Special Use Permit granted by Resolution No. 54 -85 -7019 be and the same is hereby amended to allow a building permit for the construction of S.W. 73rd Street to be obtainned within one year from the passage from this Resolution. Section 2. That the new'date for the issuance of the building permit for the construction of S.W. 73rd Street, as amended, shall also amend the phasing requirements of the street in regard to the original special use permit resolution "Phase C." Section 3. That Section 3(v), the null and void provision of Resolution No. 54-85-7019 is hereby amended to pro- vide for the new dates, as reflected in Sections 1 and 2 above. Section 4. That in its exercise of quasi-judicial authority, the Mayor and City Commission makes as a finding of fact supporting this amendment to the original resolution, that the re-staging requested by the applicant, South Miami Hospital, will accomplish the objective of providing necessary egress and ingress to the Hospital facilities. PASSED AND ADOPTED this day of 01 1988. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY N APPROVED: MAYOR A 0 5 Ms, Aran- Spinrad said that Staff recommends that the hospital accelerate the plan with all the proposed changes, so that this Board, the Commission and Staff can ascertain -what will be done in the future in' order to determine if the road is necessary or not. She said that with the information, of the changes the Applicant is proposing that Staff has at their disposal, it is somewhat premature to determine if the road should be postponed. Mr. Hoffmann asked Staff what is the timeframe for the closeout period. Ms. Aran-Spinrad said the building permit will.expire March 9, 1988. Attorney Gold said that the hospital has to build the road; it was just a matter of when. Chairman Prentiss said that he had no problem with granting an extension of 94 days. He said that he was hesitant about granting a full year's extension. Mr. Ligammare said that he agreed with the Chairman. Mr. Hoffmann said that about a year ago, one of these items came before the Board and he asked Attorney Gold if this was an isolated incident or whether there were a lot of changes that were in the planning stage. He said, at that point, both Bill Enright and Attorney Gold answered there would be an overall revision that would be forthcoming in a matter of months. He said that since that time there have been a few more minor changes brought before the Board. He asked if there really was a plan that would be forthcoming in a matter of months. Bill Enright of South Miami Hospital signed in and addressed the Board. He said that there is a plan that will be ready this spring. He said that things were changing in the hospital industry so fast that they were I having to adjust to this as well as they could. He said that the necessity to build the road is dictated by the timing of building north of the current hospital and on the existing right of way of 74 Street. Mr. Hoffmann asked if there is a possibility that the Applicant will return with the overall plan and say that they would not build 73 Street. Mr. Enright replied no, because the hospital must grow to the north and in order to grow to the north they have to build 73 Street as 74 Street has to be closed. Mr. Hoffmann asked why the hospital was reticent to build the road now. Mr. Enright said the bottom line in cash flow is not what it was a year ago in the hospital industry, and they just did not have the income. MINUTES Regular Meeting of the Planning Board Held, pursuant to due notice in th12Ci1988 mmission Chambers Tuesday, 7:30 P.K. Public Hearin s. 1. PB -$8 -001. Applicant: South Miami Hospital Location: 7400 SW 62 Avenue Request: Amend the Planned Unit Development Resolu- tion x`54 -85 -7019 in its section 3.d by rescheduling the construction of Phase "C" SW 73 Street form 1985 to a date one year after approval of the requested amendatory resolution. Alan Golds addressed Attorney the Board. Applicant's signed in ntheApplicant had and previously appeared before the Board on a matter relating to the approval of the conversion of the warehouse to He office use and to establishing g of educational center. City said, at the suggestion Commissioners, the Applicant had postponed that item until they could submit their full revised application. He said when the hospital received their original approval, it was required under one paragraph of the conditions to accomplish three items within two years after the passage of the resolution. He said those items included the construction of the west parking lot, the construction of the north parking garage, for which the Applicant obtained an amendment to construct the south parking garage instead and the third item was the construction of SW 73 Street. He said that SW 74 Street currently exists and serves the needs of the City and the hospital. He said that there were approvals by the City that would allow for the eventual closing of SW 74 Street and the substitution of that road with a new SW 73 Street. He said that this is part of the approved plan. Attorney Gold said that the problem is that South Miami Hospital is coming through with a proposed revision to the hospital P.U.D. He said that part of this relates to SW 73 Street in that the timing that the hospital needs to build the street will be dictated by the results of the study which should be completed by the end bf first quarter of this year. He said that the Applicant has submitted a letter from David Plummer & Assoc., their traffic engineer to the effect that there is no need, at this point, to build SW 73 Street since 74 Street is amply serving the traffic circulation. He said it to a matter of the hospital's timing which necessitated SW 73 Street to be constructed. He said that once the south parking garage was substituted for the north parking garage, 73 Street was no longer required as part of the overall construction. Attorney Gold said that basically the hospital was requesting an amendment to the resolution to give the hospital an additional year to obtain another permit for the construction of SW 73 Street, and during that time, the Applicant will have brought before this Board and the City Commission a revised application where they could put the timing of the road construction in conjunction with the other proposed development of the remaining part of the hospital. Recommendation In order to make any decisions on postponing the construction of 73rd Street, the updated version of the P.U.D. needs to be completed. Staff recommends requesting of the hospital that they accelerate the completion of this document before the expiratton of the lbt} day extension on the permit. , • a >.•t. i i1 ^�"4 ����C �'i'M .•.� «1.4 the ,"f �(y-f'"! Mr. T�. .i ^a.°�r "A a.+,v * {'. xe .i.L'� 6�1 is i ♦ d w�"F +��p';, y`1% ��` 7 rrt 01 Mr. Hoffmann said that he felt ill at ease having items come before the Board piece by piece rather than having an overall view of what is to be accomplished. He said that he felt inclined to go along with the 90 day extension. Mr. Enright said that the hospital wanted• to have as good a plan and as quickly as possible for everyone's benefit, but that they had to protect the limited resources of the hospital. Mr. Hoffmann said that he did not understand why this particular street has to be delayed; as it is a minor piece of the entire concept. Attorney Gold said that the. next time they return that they will have the overall. MOTION: Larry Ligammare moved to grant South Miami Hospital a 90 day extension of their building permit and within that time, the Applicant should complete the overall revisions of the P.U.D. Bruce Hoffmann seconded the Motion. Vote: Approve S Oppose: 0'