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02-16-88r REGULAR CITY COMMISSION MEETING FEBRUARY'2ND, 1988 PAGE 2. ORDINANCES - FIRST READING: none REMARKS: Commissioner E. Danny Brown: DEFERRED AND /OR TABLED: Commission discussion and of workshop meeting dates process re: City Manager determination for selection 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. r f 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. Thtt 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 graTe 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 ------- - - - - -- Z4 APPROVED: MAYOR 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- Spiarad• -said • that - -•- height - limi-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 to 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. Re 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 it, was that they wanted to encourage greenery, as much as possible, without any type of 4 Minutes- Planning Board - 13 - December 29, 1987 i 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 WA am ' Minutes - Planning Board - 14 - December 29, 1987 ,98 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. He 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 .. � is -4 r r� 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 I. 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 1988. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 61 2 APPROVED: MAYOR m 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 epirattion of the 180 day extension on the permit. ! • !!y, 1 Y•ttl�^!'ts.{ #'�a« w li$Y Y'^Ya,�.. ,,j p y. " • . 0 '.P e# i" 8�' =.tY f (x°e« a° i. �•y¢e ' ' ! t fA y 1. .. d ' g t•+w MINUTES Regular Meeting of the Planning Board Held, pursuant to due noti J In In 12 City 1988 Commission Chambers Tuesday, anuary 7:30 P.M. Public Hearings. 1. PB- 88-001. Applicant: South Miami Hospital Location: 7400 SW 62 Avenue Request: Amend the Planned Unit Development Resolu- tion #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 Gold, Attorney representing the Applicant', signed in and addressed the Board. He said that the Applicant had previously appeared before the Board on a matter relating to the approval of the conversion of the warehouse to office use and to establishing an educational center. He said, at the suggestion of some of the City 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 of first quarter of this year. He said that the Applicant has submitted a letter from David Plummer S 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 is 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. E s 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 90 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. i 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. 5 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' v LAW OoFICES GREENBERo.TRAUR*.ASKEW. HorrMAN. UPOFF. ROSEN $ QUENTEL, P.A. JErrREY P. ARSON LAWRCNCC GOOOrSKY JULtE IL OLDCHOrr MIAMI OFFICE ►CRNANDO C. ALONSO ALAN S. GOLD Otem N ORsMCrSKY DRICKCLL CONCOURS CCSAR L ALVARC2 STCVEN E. GOLDMAN MARK A .ACHMAN RVDOLPH r. ARAGON STCVEN M. GOLDSMITH STCVEN. &AROO 1401 BRICKCLL AVENUE RICHARD A. ARKIN LAWRCNCC S. GORDON OLGA C .ARRA MIAMI. FLORIDA 33131 RCVSIN O'O ASKCW MATTHEW B. GORSON STCVCN R .ARSON TCLCP"ONCS KC11Ri L BARS" HOWARD W GRCCN. JR, MARSNA— R PASTERNACK MIAMI (305) 579.0500 NILARIC BASS OIANNC GRCCN8ERG BYRON G DCTERSCN BROWARD (30S) 523.Coll ALYDSA M. BAUMGARTEN MCLVIN N. GREENBERG ALBERT -- •JUENTEL TCLCc 80.3124 RICHARD O OA %TEA ROBERT L. GROSSMAN JOEL RC %STEIN TCLCCOPY (305, 579.0718 •!,79.0717 NORMAN J BCHrORO KCNNCTH C. HOFFMAN MARK J RC'SMAN MARK D SLOOM LARRY J. HOFFMAN LUIS PC '90 Lt ONAROO r BRITO JANCT L. HUMPHRCYS CONSTAMCC M. RIGGER WEST PALM DCACH OrriCc DVRT BRUTON DONALD J. JARET ANORCS R.VCRO. Ili 100 AUSTRALIAN AVENUE • SUITE 201 STCVC BULLOCK MARCOS O. JIMENEE KENNET" S ROBINSON WEST PALM DCACH. rLORIOA 33406 ROBERT K. BURLINGTON MARTIN KALS NICHOLAS ROCKWELL (305)683-66U LILIANA CANO JOEL J. RAMP RAOUCL A. ROORiGUCE TCLtCOPY (305) 683.8447 J. PHILLIP CARVER JUDITH KCNNCT MARVIN S. ROSEN SVE M. COBS TIMOTHY C. KISH RICHARD A ROSENBAUM KCNOALL D COrrCY 5TC VCN J- KRAVITZ RONALD v 005CNOARTEN BROWARD OFFICE OIANC M CONNIFF STCVCN A. LANOY DAVID L ROSS 500 EAST BROWARD BOULEVARD • SUITC 135C JErrRCT O. OcCARLO ALLCH P. LANGJAHR ROBERT D RUDIN FORT LAUOERDALc. rLOR10A 33394 OSCAR 0. oc LA GUARDIA ALAN S LCOCRMAN KARCN D OUNDOUIST (305) 765.0500 ALBERT A. 09L CASTILLO JCrFRCY C. LCVCY CLIFFORD A SCHULMA!! TCLCCOPY (305) 763.1477 ALAN T. OIMONO NORMAN H. LIPOFr MARLCNC 4 SILVERMAN CHARLES W. EDGAR. 111 CARLOS E. LOUMICT STUART " SINGER ORLANDO OrrICE JEFrRCV L. FORMAN ROBERT rRIEDMAN JUAN P. LOUMICT TIMOTHY A SMITH AVENUA . SUITE fit NORTH ORANGE AVENUE • SUITE ISSO J, ROBERT C. GANG PEDRO A. MARTIN JAY A. MARTUS DAVID R SOFTNESS LAURA P STEPHCNSON ORLANDO. LAURA A. GANGEMI JOCL G. MASER GARY P. TIMM (305) 841.2222 MARLCNC GARCIA WILLIAM LCC MCGINNESS ROBERT w TRAVRIG TCLCCOPY (383) 422.2766 RICHARD G. GARRET? JOHN T. METZGCR JCRROLD A. WISH DRI:►N K. GART LOUIS R. MONTCLLO. JR. TIMOTHY D WOLFC WRITER'S DIRECT NO: BRUCE M. GILCS•KLCIN ALICIA M. MORALES SHEILA WOLFSON ROBERT D. GINSCRG JANCT L. O'BRIEN 5 79 -0$80 PICNARO J. GIUSTO ANTHONY J. O'DONHC LL. JR. ZACHARY •I. WOLrr (KtTI11c D) 7 PLEASE REPLY TO: MIAMI OFFICE December 17, 1987 BAND DELIVERY Ms. Marien Aran- Spinrad Director Building, Zoning and Community Development City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami Hospital's Request for Modification of Resolution No. 54 -85 -7019, Section III, Subparagraph V Dear Marien: This request is filed on behalf of South Miami Hospital to amend Resolution No. 54 -85 -7019, Section III, Subparagraph V by permitting South Miami Hospital one additional year to commence the construction of S.W. 73rd Street. More specifically, this request for amendment is based upon the following particulars: 1. Resolution No. 54 -85 -7019, Section III, Subparagraph V provides that the special use permit will become null and void if certain activities are not completed within two years of the passage date of the Resolution. One such activity included DEC 18 REC'8, ..SV4N • • •'I' !•{ •�iw yvd �b�•.. ;��••P•! �•:•.• • •• •i/•• ..''•J�'��'�' a• '•• r .t ♦ • `�T• iY••• - .` re •R '••S il�ai•y- w° •�t•.w�7...'k. }?^Ja.r�i { .•' ��yr�, ; t1 y4 A ••. •� ' ..SV4N t 1 J 0 ' Ms. Marten Aran- Spinrad December 17, 1987 Page 2 i obtaining a building permit for the construction of S.W. 73rd Street. 2. As you are aware, South Miami Hospital has obtained the building permit to construct S.W. 73rd Street and this permit has previously been extended by your office. 3. At the present time, South Miami Hospital is preparing an application to amend the special use permit in several respects. In prior meetings with your department, it has been requested that the application include updated information concerning traffic and other impacts associated with the planned development. it is anticipated that this application will be filed with the city during the first quarter of 1988. Based upon the final results of the re- analysis, there may be no immediate necessity to construct S.W. 73rd Street. Such construction was initially required in order to serve the North Parking Garage and the east tower which were originally scheduled for construction during the period of 1985 to 1990. 4. By prior city resolution, South Miami Hospital has received permission to construct the South Parking Garage in lieu of the North Parking Garage. At this time, South Miami Hospital is reassessing the estimated date of construction of the East Tower. In the meantime, S.W. 74th Street continues to serve the needs of the project and there is no traffic related reason to close S.W. 74th Street at this time and construct S.W. 73rd Street. In sum, South Miami Hospital is requesting that Resolution No. 54 -85 -7019, Section III, Subsection V be amended to allow the building permit for S.W. 73rd Street, referred to as Phase 'B" of the proposed project (with addendum), to be obtained within one year from the passage date of the amendatory resolution. Thank you for your consideration in this request. ASG:joa DEC 18 REDO GREENSERo.TRAURio.ASKEW. HOFFMAN. UPOFF. ROSEN & QUENTEL. P. A. r SON r DAVID PLUMMER & ASSOCIATES INC. CONSULTING ENGINEERS January 4, 1988 Ms. Marien Aran - Spinrad Director, Building, Zoning and Community Development City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami Hospital - #6201 Dear Ms. Aran - Spinrad, South Miami *Hospital is considering -rescheduling some of the various buildings and other site uses as compared to the schedule in the original Planned Unit Development Application. Under this revised schedule, South Miami Hospital would maintain the internal access and circulation (east /west) along existing Southwest 74th Street as long as' that roadway can maintain adequate levels of service during that time. The number of trips generated by the Hospital is, of course, a function of the service and professional related facilities on the site. The traffic generation is not a function of infrastructure constructed to support those services and professional facilities. An example is the new parking garage. That garage, without the construction of uses, simply diverts parking from the at -grade sites and does not in itself generate volume. The same conclusion is. proved regarding .the water/ sewer line improvements and the vehicle access at the* emergency entrance. It is our opinion, based on the review of the original traffic study, and the construction to date, that the Hospital could delay the construction of Southwest 73rd Street until the professional office and /or North Tower is constructed within the site. The reason is that Southwest 73rd Street only replaces Southwest 74th Street and does not create new east /west circulation. Should you have any questions or if you need. any additional information, please do not hesitate to contact this office. DSP /lem- DEC87E cc: Mr. William F. Enright, Assistant Director :w :.,a,7�• 4,� c Very truly yours, Q David S. Plummer 4226 SALZEDO STREET • CORAL GABLES • FLORIDA 33148 (346) 444.2118 :� •• •• `,� ,+ •: •�jl{`..,�� , K/y� 1. '1�,tt4•ri'Nn ••a'*y ,•4•r♦ ei.� ~•••'- '�i�- ..'.,tea ±+ . • �sZ nom, � �'•;i'} ' . ^ , CITY OF SOUTH MIAMI -I ztoo PERMIT � � a.� - ; 1 • BUILDING AND ZONING REV Nb. t -S-TB ;yL FOLIO NUMBER: TYPE OR PRINT BUILDING PERMIT APPLICATION APPLICANT FILL INS'DE HEAVY LINE! OWNER South Miami Hospital TEL 662 -8166 MAIL ADDRESS 7400 S.W. 62nd Ave., S. Miami, Florida BUILDING CONTR. Edward J. Gerrits, Inc TEL NO (305) 5 MAIL ADDRESS 3465 N ARCHITECT CNOINCER David Plummer & Associates ida 331 LEGAL DESCRIPTION OF JOB: LOT NO. BLOCK NO. SUBDIVISION SEC, TWP. ROE• OR METCS & BOUNDS P.B. 4 PAGE NO. STREET ADDRESS OF JOS LOT $119 SURVEY ATTACHEDT LOT STAKED PRCSCNT USE VACANT. OR NO. OF BUILDINGS AND USE OF EACH.) i N9Rt$V MARL APPLICATION FOR PERMR TO tRECT Q ALTLR 0 OEMOLISH O ADD stPAls E) 29MOVI Q REMODEL Q A !TORY REsAENTIAL COMMERCIAL ROD? Q STRUCTURE W STN CIS I3 fsAMC Q OTHER COUTRUCTION FOR THE FOLLOWING SPECIFIC USE AND OCCUPANCY 73rd Street Extension and Utility Relocation Additional INms shown on the plops and covered by this peanits WALL 13 0`11991 Il PAVIMS !7 SCR. CNCL.O POOL Q SOAKAGE PIT 0 PAINT 40. Of N0. 0I HOTEL LIVING UNITS SEDROOM! _:?O-009' UNITS PLRMIT NO. WATER CO. NAME OR PMLVTIG" WELL N PERMIT 0. I UNDERSTAND THAT SEPARATE PtRMITS MUST St OSTAINCO FOR THE FOLLOWING ITEMS. UML99S SPECIFICALLY COV9490 By THIS PERMIT! ELECTRICAL. PLUMSINO, SEPTIC TANK, WELL. NEATER. AIR CONDITIONING. SOAKAet PIT$, $OILER$. 01019!, ILtVATOOS.flute. SCREEN CNCLOSUR[S. WALL, PAYING AND POOL= AND THAT IN SIGNING THIS APPLICATION, i AM Ra$PQNSH Lt FOR THE !U►CRVISION AND COMPLCTION OF THE CONSTRUCTION IN ACCORDANCE WITH PLAN! AND SPtC (CATIONS AND FOR COMPLIANCE WITH ALL fa0- INAL $TAT NSY LAWS' ASf.NtALLE. or Owxtf- (llder Only) /v.pT' .4. Rgo- " CONDITIONS UNDER WHICH n D DISAPPROVED ZONING OFFICIAL HWY. WIDTH #APPIRtOV STRUCTURA ll0i. PLUMBING !CR•N tNCL.nT ELECTRICAL LOT DIMINO. rente n MECHANICAL POOL n ~ l� Qr � 0 e, —_ 12 0*.-- 'j OWNER- BUILDER OUALIFIED Y N_CNCCKED BY Rao CARD CLCV. $URV. ORAINAGC PLAN MIN. FL. CLET. Rt0'D- Y- N„Ra0'0 ^YEN- CHECKED 040J.1-Y -N -ABOVE M.E.L. YELLOW NVMItR CONCReTa CARD Y N TEST! REOUIREO a MS. PILE 011ty. surge.—,Y_N —S UPCR. —, Y_"—OTHER GROUP AND TYPE CONTRACTOR DIVISION CONST. OVAL. TO GUILO_Y—N_ ►RC ►AS UNITS SHOP DWG$. TEAL APPSOVED- •_�Y__N- .- �REpU1Re0 Y�„N_„RtDo--- .,Y , x_ LOT s SOUARC COYER. poll THIS PERMIT INCLUDES: zotic ESTIMATED PR1NC. JAI voOp. Gas rat OFFICIAL HWY. WIDTH ACU!"AT ll0i. !CR•N tNCL.nT ROD? y LOT DIMINO. rente n POOL n P �N$ 7 4* ��i�y p /Drt• u TOTAL $LD•$. L/ YALUt $ reel OCCUPANCY PERMIT FCC d 80 TOTAL AMOUNT DUE $ zotic CUBE REOV1RC0 OFFICIAL HWY. WIDTH DEOICATCD WIDTH s 0 LOT DIMINO. LOT AREA 0910 R WN S RgOLUTIONS tHtCKCO_Y_N PROOF OF u OWNERSHIP CHECKED BY - s woLATro►rs N CHECKi CHECKED BY OATi s CONTR, ac�tlm00370 NUMBER- CLAtt� '(>� —_ __ eMRr_rre w ISSUCO BYI OATtt FAILURE TO COMPLY WITH THE MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT - .. } .. «• •.. .: yr. RESOLUTION NU. 31 -87 -7024 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A SPECIAL ACCESSORY USE PERMIT TO METROPOLITAN DADE COUNTY TO OPERATE A HEALTH CLINIC AT THE UNIVERSITY PARK SITE; TO GRANT A VARIANCE TO ALLOW A 10' SIDE SETBACK WHERE 1216" ARE REQUIRED; TO GRANT A VARIANCE TO ALLOW 16 PARKING SPACES WHERE 48 ARE REQUIRED; AND TO DENY A VARIANCE TO ALLOW A 5' SIDE SETBACK FOR AN ORNAMENTAL FEATURE WHERE 9'6" ARE NORMALLY REQUIRED ON PROPERTY LEGALLY DESCRIBED AS: A PORTION OF TRACT "E ", CITY UNIVERSITY GARDENS SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102 AT PAGE 19 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K /A THE UNIVERSITY PARK SITE. AGENDA ITEM PB -88 -002 WHEREAS, pursuant to Resolutions 31 -87 -7024 and 31 -87 -7024 A, the Mayor and City Commission have leased property to Metropolitan Dade County for a new Health Clinic to be constructed at the University Park Site; and WHEREAS, pursuant to said resolutions and lease, the County has requested a use permit and three variances for the site; and WHEREAS, the Planning Board, at a meeting of January 12, 1988, granted the use permit by a vote of 4 -0, the 10' side setback variance by a vote of 4 -0, the parking variance by a vote of 3 -11 and denied the 5' side setback for an ornamental feature by a vote of 4 -0. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a special accessory use permit for a Health Care Clinic in favor of Metropolitan Dade County on property legally described as: A PORTION OF TRACT "E ", CITY UNIVERSITY GARDENS SUBDIVISION NO. 31 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102 AT PAGE 19 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K /A THE UNIVERSITY PARK SITE. is hereby granted. Section 2. That a iOl side setback variance for the above-described property is hereby granted. Section 3. That a variance to allow 16 parking spaces where 48 are required on the above-described property is hereby granted. Section 4. That a variance to allaw a 5' side setback for an ornamental feature on the above - referenced property is hereby denied. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RS-1-06 (0 2 yR. W VS -7 i C� • e i �� �••i '� iii 6/3 JJ 762nd----AY&. d` a r •` AP .. Owl 7- !r w / ' a IF ' . i N •• a 7. fril rrn• _C i i S: • c t APPLICANT: $Jly4 Archjtects�Dade County Health. DPt, OWNER. .DAde County- Health Dept.* (Jesseel Cit . og Sout L Viami (J.essorL MAP REFERENCE: MarvMll* W111je oasoa Vark. ' Co pass COMMENTS: Special Use pe):iDit to operate -a Health Clinic Scale.. ".t4QQ A•. and var,ances for side 'set�iack; parking and Date..1 ?;18;8? ornaxoerital feature 'setback. Drn.ADL..Chk..... CITY or SOUTH AIAMI " PLANNING BOARD Hearing NO.RanS :001 �. • ..0 . S e 2. PB -88 -002. Applicant: Metropolitan Dade Co. -Silva Architects Location: Marshall Williamson Park, City of South Miami. Request #1: Special Use Permit to operate a Medical Clinic as per City of South Miami Request #2: Variance to allow 10'0" side setback where 12'6 "is required (5 -7- 4.04). Request #3: Variance to allow 16 parking spaces where 48 are required.(7 -1 -1,01) .Request #4: Variance to allow a 5'0" side setback for an ornamental iron feature where 9'6" are normally required. Rolando Silva, Consultant and architect of record for Metropolitan Dade County, signed in, presented drawings for the Board's review; then addressed the Board. He said that they were requesting a special use permit to build and operate a medical clinic to be located on 62 Avenue between 64 Terrace and 68 Street. He said that Resolution No. 31 -87 -7024 B allowed the use by special permit to build a clini at this site. He said the proposed building is a two-story structure, approximately 11,000 sq.ft. and will be located between the Junior High School Ms. Aran- Spinrad said that on Request #1, Staff recommends approval, on Request #2, she said that Staff had no recommendation, on Request #3, Staff recommends denial and on Request #4, Staff recommends denial. Request #1: MOTION: John Andrews moved for approval of Request #1 for a Special Use Permit. Susan Kraich seconded the Motion. Vote: Approve: 4 Oppose: . . 0 MOTION: John Andrews moved for approval of Request #2 that the variance be granted. Susan Kraich seconded the Motion. Vote: Approve: 4 Oppose: 0 � O l Request i3: MOTION: Chairman Prentiss moved that a variance to allow 35 parking spaces where 48 are required be approved as opposed to 16 spaces. John Andrews seconded the Motion. Chairman Prentiss said he had a problem that tennis court parking will be used by tennis players at the same time that the clinic will be using the parking. He said that he was willing to reduce the parking from 48 to 35, but he had a serious problem going lower than 35 because of the dual .use . Mr. Silva said that this is to be a neighborhood clinic and they are expecting a lot of walk -in traffic from clients who live in the area and also from the Metrorail. Chairman Prentiss asked how many people will be working at the facility. He said that he thought there would probably be more Staff coming by vehicles than clientele. Chairman Prentiss asked if there was anyone else present who might be able to speak as to the number of people who would be working at the clinic. Richard Shera, Business Manager for the Health Department, signed in and addressed the Board. He said that there would be an approximate Staff of 28 to 30 people. He also stated that the majority of the clientele lived in the neighborhood and the ones that do travel come by bus. Vote: Approve: 3 Oppose: 1 ( R. Myers) Request #4: MOTION: Robert Myers moved for denial. John Andrews seconded the Motion. Mr. Myers said that based on the Staff report, he thought that the request for an ornamental feature did not seem to be necessary. Mr. Andrews said that he was concerned with the function of the building in the community and since the ornamental feature Is to be paid for with tax dollars, he felt the money should be put into the parking area instead. Vote: Approve denial: 4 Oppose: 0 Request f4 was denied ' o s Analysis 1. Request #1: Special Use Permit to operate a Medical Clinic. The City Commission approved Resolutions 31 -87 -7024 and 31- 87- 7024 -A (attached) pertaining to this request. Under low - density multifamily residential district (RM -18) regulations, a Health Clinic is not allowed either as a permitted use nor as a special use. However, the above mentioned resolutions granted the Applicant the ability to establish a clinic at this site after satisfying the requirements to obtain a special use permit. 2. Request #2: Variance to allow a 10'0" side setback where 12'6" are required. (Section 5.7- 4.04 zoning ordinance. - RM-18 District regulations call for a 12'6 side setback for 1 and 2 -story buildings. The Applicant has stated this is required due to the narrow shape of the site and a 15'0" utility easement on the north 'side of the parcel. The. Applicant is 2 "6" short and has to demonstrate that the proposed architectural solution is the one that best satisfies the clinic needs. 3. Request #3: Variance to allow 16 parking spaces where 48 are required. (Section 7 -1 -1.01 zoning ordinance). Applicant has stated this request is being made due to budgetary restrictions. A variance for economic reasons cannot be•granted. 4. Request #4: Variance to allow a 5'0" side setback for an ornamental feature where 9'6" are normally required (Section 3 -3- 1.01). Ornamental features are allowed to abut into a required setback up to 3'0 ". The required side setback for RM -18 is 12'611. The proposed trellised archway entrance located to the west of the clinic has a 5'0" setback where 9'6" is required. Staff believes this is an ornamental feature with a minimal architectural function and variance cannot be granted for reasons of caprice. • + M � -W r. *.;-. -0. - V 7 Project h':,itin GIInIC. ZONING REVIEW SHEET Owner .}.i.. :__�,,i� c r.. •' Designer -W-ja AT t t •+r' � fi . District PM -%bp Date JA/4. G , t IS& Address Nrr:�, Il �:�ttit.�;• ,. ,rti Telephone ' -' =► •4�oe Telephone q=* + - P>•� �'Z Lot of Record Act Use permitted: Yes No Special Use: (_""(tl No Accessory Use: Yes No Existing Nonoonforming Use: Yes No Allowed /Required Proposed Sign Lot Area 10.000 0 . 22,15o + Type Proposed Lot Frontage Front Setback '26� Side Setback 12f 5' Side Corner Rear Setback FAR Building Height Lot Coverage Density Land Coverage Landscaping Parking Total Standard '20' 3 s Tc iy ur�is lacre 60.1.► tQPry}a�1� 2r, trtf: 4 3t Compact 15 (?o•!,} Handicap 2 •- will be S v b rnt it rd +o W@, i'•10i alon5 wt-itn a M�dtt . !O' EZ) Allowed: Yes No - Size "- 301 Allowed: Yes No r. To Materials Submitted NA { 3) (3} ISO 4 2 Comments: (t) Speciat we ataowtd umer Racolu� +oYts 31- $'1•'Io?� !f 3t•$•!= io24 -�{. fi uylav ce is bpiNS a -tptteh Tor, r GomplW within cnt►rc .park d"64- M ntvvtarN O"E t t2 'treeS wt !t be Crovi .4eA • ac, vy.4 t v1 to AEPI ico of Reviewed by Je4PfJ Z-• �: . _ ;off.'• a'? }irJ •.':L.�. r . ! :.N; W. 9 r ,1 a- '-�•.. • . 'i: ;� ..... ,p.i:7�:'`. :a,A`• •3 . }erk�a��.'. •�'. '�' 4 ".f ,�•''i.�l:- •1. •;•,rw:!fMh!�..' .., �:•: December 22, 19.87 City of South Miami 6130 Sunset Drive South Miami, FL 33143 ATTN: Danilo Lopez RE: South Miami Clinic Gentlemen: We are respectfully requesting a Zoning Variance and Special Use on the above referenced project as shown on the enclosed application package. The proposed building consists of a two story Health Clinic facility approximately 11,000 sq. ft. The land on which this building will City of South Miami and is presently Marshall Williamson Park. Metropolit� of South Miami have entered into Resolution No. 31 -87 -7024 on May 5th, the plan. be erected belongs to the used as a park, known as in Dade County and the City an agreement and passed 1987 in order to implement Asides from the Special Use permission, several variances need to be granted. They are as follows: 1. Setbacks. A 10' -0" setback is requested on the South Side instead of the required 15" -0 ". This is necessary due to the long and narrow shape of the site and the 15' -0" utility easement on the North Side. 2. Parking. According to Zoning Regulations, this project will require approximately 50 parking spaces. Due to severe budgeting constraints only 16 spaces are being provided at this time. There is a strong possibility that 30 additional spaces will be added in the future or during construction if the bids received do not exceed the allotted budget. 3. Trellised Archway Entrance. A 14' -0" high steel structure spaning the north driveway is being planned at this time. The base of this structure will be placed within 5' -0" of the north property line. There is a possibility that this entrance feature will not be constructed if received bids exceed the allotted budget. 440 t -OQUAT AVE. - COCONUT GROVE. FLA. 33133 - PH. 306- 444 -8262 ;, ..:.' i �• ,¢.•�';.�• ;fig`+ s : �' •'� .. ; t �'� If *You need additional information or further clarification, please feel free to contact me. Sincerely yours, Rolando Silva, A.I.A. cc: Tyrone D. Browne RS /aie .6 . •` ♦ : +.fir• + • ♦•.r • � • •. a .. • +j'7. •� • !t/ • t +p'• • •�:ii+f �4•�7i,"y.'•p •.'ti �jy,,1,'yK r.: Sai;••� •! ;: ir�ll�';'"..r.. •• • •• CITY OF SOUTH MIAMI 0 PPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE) 41S APPLICATION MUST BE COMPLETED ANO RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OP THE N1N¢ DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING. •PLICANT .,,(t-'VA ftAc-HI`TEC -I'S C O As (OWNER, TENANT, AGENT, ETC. SPECIFY) �1ETC3oPotitTRN t�flj?E couAliy �� 31 0 �o T *isi JORESS 07 APPLICANT CITY STATE ZIP PHONE _u 1—N.W. t's'T 5fi• WT& 'L 'o'o m /�'. 33t2a �'a"Q"82G2 +YNER DATE OWNERSHIP OF PROPERTY OBTAINED 4&Wf4o t4TAA3 pflUE.. X00.4 151p. ff"hr."a whse DOIIESS OF OWNER CITY STATE ZIP PHONE C�t'(� Off% 5 oV'i' % fl'Ni ► li l 3 C� SAN 'T" �2 . 5,M j 33�P 0&7-S'4091 • PROPERTY OPTION O/, CONTRAC FOR PURCHASEt MORTGAGEE /S NAME ANO ADDRESS YES No p 0 N Z. 'APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YEB NO EGAL DESCRIPTION /OCF PROPERTY COV RED BY APPLICATION 1 M OT(S) r5e� l - RA! BLOCK u901VISION PB FETES AND BOUNDS I.E OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING IVW *S 42,55-0 . FT• d2ao AVE. o' Row Co jSrer. (50 Ro-w) DOITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY Nat A F?tlkm to NoN E .PPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING: CHANGE OF ZONING VARIANCE WCAENT ZONE CLASSIFICATION f�M -i8 EXCEPTION AMENO SECTION OF CODE CHANGE OF ZONING REQUESTED SYf-GtAt, U$6-- OTHER (SPECIFY) 5fEc-t8tC. USE.• 3 ( -97- *10.2 ¢.F XPLANATION OF ABOVE tAt " OFO W'-MiO V fMrp CiAA)iy! f I" con 0P 5 O OT* mf ft-mi A'1V � WOW WT TV UE, t� P Ctl A 2 OUNVIN& tv pc- . 2WD Al R NtA c4ANi c.. 4E FOLLOWING SUPPORTING DATA REQUIREO IS SUBMITTED WITH THIS APPLICATION. (ATTACHE¢ HERETO AND MADE ART OF APPLICATION,) XCERTIFIED SURVEY SITE PLAN PHOTOGRAPHS XSTATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER H! UNOERSIGNEO HAS REAO THIS COMPLETED APPLICATION AND R9PRvjfNTq THE IN OR ION AND ALL SUPPORTING ATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLE 1 LWC >+vi70 5t`txR SIGNAT ! c ii.IA AmA w.. 'OR OFFICE USE ONLY ATE OF HEARING 40100 -118 Rev. 8-12 -" . o.. HEARING NO. DATE FILED RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY CO +IWISSION OF SOUTH MIAMI AUTHORIZING THE CITY M.ANACER TO ENTER INTO NEGOTIATIONS WITH METROPOLITAN DADE COUN . -Y FOR THE LIRA i I ON OF A HEALTH CLINIC ON THE CITY'S UNIVERSITY PARK SITE. WHFREAS, Metropolitan Dade County has expressed a need to locate a County- funded Health Clinic in the South Miami vicinity; and WHEREAS, the City owns property in the University Park site which is suitable for the location of -a Health Clinic. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY C014MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into negotiations with representatives of Metropolitan Dade County for the location of a Health Clinic on the City's University Park site, at no cost to the City for either construction or continuing maintenance of the facility. In this regard, the South Miami Action Committee shall be part of the negotiation process. Section* 2. That Lpon negotiations being successfully conclude3, all terms and conditions of an agreement relating to the facility shall be approved by the City Attorney and shall be presented to the Mayor and City Commission for approval, in the form of a public hearing. PASSED AND ADOPTED this 17th READ AND APPROVED AS TO FORM: CITY ATTORNEY day of March , 1987. APPROVED: • � � � ♦ : t. v.w {'J. '' ^71.:x• M` /� �t..� 1 • ♦. �AM • � � � ♦ : t. v.w {'J. '' ^71.:x• M` /� �t..� 1 • ♦. ' o s :I r(1 ;y r :.w' ,. ,; !• ,:;� -`.D CITE' C ;.1,=` r'.i}'•'.:ri , ,.'.:� AU; L KI_�iLii�•L`•:��,T.. :n' USE PEn''"T F ^'' t2Eir'i,i�:l�;":,t, J�.uI t0XiTf ;EALT- CLINIC A7 ThrE� .. UNITVER�ITV PAPY SI';: IN 4CC3RD 'WITh RESOLUTIC=: ' o'er.. , ;. ...•` ��� J WHEREAS, pursuant to Resolution No. _.3I -81- 1024__ ,_the Mayor and City Commission of the City of South Miami. authorized the City Manager to enter into negotiations with Metropolitan Dade County for the location of a County- funded Health Clinic; and WHEREAS, the original resolution designated the City's University Park site as an appropriate location, and in accord with said resolution, a Special Use Permit is required for the Clinic. NOW, THEREFORE, BE IT RESOLVED BY THE MP.YOR AND THE CITY COM MISSION OF THE CITY OF SOUTH MIAMI, rLORIDA: Section 1. That the City Adc-Anistratian is hereby authorized to 'u11:11 all n.:es!ary requ=re:nents to obtain a Special Use Permit to provide for the lccation of the County- funded .Health Clinic to be at the University Park site, 'l PASSED AND ADOPTED this Sth day of May , 1987. ATTEST: READ AND APPROVED AS TO FORM: CITY ATTORNCY--�--Z- A nnnnue•e► _ • .� . ' .: I'...:. ' . ':. ' . ..' :: ..::',•.... _.�:.n of _t:F St3t�� W I •I' N E S S E T H: the C :t }', i< r ,-:n:? .r, consideration of the restric- tion: Lnd C:-r,tatncd, hereby leases to the County, aril t1:e County ),r: reby agrees to lease from the City, the pr.en.isos descrji _:3 a, fc.11�.ws;: A portion of the University Pack site (Mar'shall Williams Park), Such portion located at the extreme southwest end of said park and contains 1.0 acres, more or less, a more exact legal description attached hereto as Exhibit "1." TO HAVE AND TO HOLD unto the County for a term of fifty (50) years, commencing ,Lune 16, 1997, and terminating June 15, 2037, for and a_ an annual rental of One Dollar ($1.00). IT IS F::kTIIER MUTUALLY UNDERSTOOD AND AGREED BY THE REbPECTIV; PAPTIES HERETO: ARTICLE I USE OF PROPERTY The County s':a i l Lave the r.ijht to construct .a building with adequate parking amnenities to be used by the Lahr. County fic: '• th Department for pr -:dvz sior. of bea.lth care services as are current'­ urov,ded at the County facility presently fn use in South M2am:, to clients that are residents of the City of South M:. -ami rr.d, wi-h!:�n necess -ry, to serve o her residents of Dade County. In t?3e Event heal:.h services are no longer provided by the Dade County Health Department at this location, Dade County shall have the right to conduct County business performed by other County :lepartments, which will necessarily entail services performed for the general public, except that the County agrees not to operate any programs related to communicable -diseases during the term of this Lease, and provided that any use of the property other than as a health clinic be approved by the City. ARTICLE II CONSTRUCTION RESPONSIBILITIES The County agrees to design and construct a facility of approximately 8,000 square feet, with adequate parking in compliance with the City of South Miami's zoning code and all applicable City rules and regulations, at no cost to the City of South Miami. In the event substantial construction of a health facility upon the land has not been commenced on or before May 30, 1988, then this Lease shall automatically terminate and be of no other force or effect. ARTICLE III UTILITIES The County agrees to pay for all utility costs, including electrical power and telephone service incurred by utilization of the building and surrounding lighted parking areas w The County also agri:•es to maintain and keep in good repair, cond3tir�,n a ^d a ppearance, during the term of this Lease, the ext ei ,. or of t the bu i j e f :ng^ and the parking and landscaped areas. . ARTICLE V ALTERATIONS BY COUNTY Upon complet.1on of the building, the County may make any alterations, additions or improvements in or to the premises pursuant to all zoning and land use laws, rules and regulations of the City. Al2 additions, fixtures or improvements (except but not limited to store and office furniture and fixtures which are readily removable without injury to the premises) shall be and remain a part of the premis• :s at the expiration of *_iris Lease. A ?TICLE VI DESTRUCTION OF PREMISES In the event the demised premises should be destroyed or so i .r:3• ed *ay fire, wind.: o_m or other casualty to the extent that the der: issd pt emises are rendered untenantable or ;unfit for the exprc-ssed purpcses of this Agreement-, County may caacP1 this Lt•r. ^Q :n a,:c..zd �•,;th :art isle XVIT below, by the giving of written notice to t4he City; howeve , if County does not exertcise the foregoing right of cancellation, within ninety (90) days after the date of s•.:ch de.ztr +:ct ion or damage, County shall cause the building and deir.ased premises to be repaired and placed in good condition as soon as practical thereafter. 'In the event the demised premises are not rebuilt or repaired (upon proper notice being given), the County shall, within thirty (30) days after notice by the City, at its sole cost, remove the structure and all debris and return the property to its original condition, provided however, that the County shall leave all landscaping improvements on the property. ARTICLE VII HANDICAPPED The County agrees that the demised premises shall, at County's expense, be constructed in conformance with the require- ments of Section 255.21, Florida Statutes, providing Standards for Special Facilities for the Physically Disabled. ARTICLE VIII NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the premises above described shall be at the risk of the County or the owner thereof. The City shall not be liable to the County for any damage to said personal property unless caused by or due to negligence of the City, its agents or employees. � a .. '.'• t' •. 'i• ••::: r.f .♦.s..C'"r 311 lik _ Syr% - ,:•' •r.f __..a c•i ;r... n• 1. ;.ng the bu n in:.u,! ;ng I.;-.e i�__:F i.. :.,_.e and sewage e.soctsal, garbage ••n w: :h -he a:e. •t �• . �%:•• .i 1. •i Ji.r iii s i: r .: :� �• Gtl :.g cc,.,t .;� ccrir.e cri w.t e r_r L . The County also agri:•es to maintain and keep in good repair, cond3tir�,n a ^d a ppearance, during the term of this Lease, the ext ei ,. or of t the bu i j e f :ng^ and the parking and landscaped areas. . ARTICLE V ALTERATIONS BY COUNTY Upon complet.1on of the building, the County may make any alterations, additions or improvements in or to the premises pursuant to all zoning and land use laws, rules and regulations of the City. Al2 additions, fixtures or improvements (except but not limited to store and office furniture and fixtures which are readily removable without injury to the premises) shall be and remain a part of the premis• :s at the expiration of *_iris Lease. A ?TICLE VI DESTRUCTION OF PREMISES In the event the demised premises should be destroyed or so i .r:3• ed *ay fire, wind.: o_m or other casualty to the extent that the der: issd pt emises are rendered untenantable or ;unfit for the exprc-ssed purpcses of this Agreement-, County may caacP1 this Lt•r. ^Q :n a,:c..zd �•,;th :art isle XVIT below, by the giving of written notice to t4he City; howeve , if County does not exertcise the foregoing right of cancellation, within ninety (90) days after the date of s•.:ch de.ztr +:ct ion or damage, County shall cause the building and deir.ased premises to be repaired and placed in good condition as soon as practical thereafter. 'In the event the demised premises are not rebuilt or repaired (upon proper notice being given), the County shall, within thirty (30) days after notice by the City, at its sole cost, remove the structure and all debris and return the property to its original condition, provided however, that the County shall leave all landscaping improvements on the property. ARTICLE VII HANDICAPPED The County agrees that the demised premises shall, at County's expense, be constructed in conformance with the require- ments of Section 255.21, Florida Statutes, providing Standards for Special Facilities for the Physically Disabled. ARTICLE VIII NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the premises above described shall be at the risk of the County or the owner thereof. The City shall not be liable to the County for any damage to said personal property unless caused by or due to negligence of the City, its agents or employees. L i B I L I T':' 11%4. _ a w 'j : l ti' L: Y V ti►Yii iiiill iJi:' .. <<t.2..it:: 1'� .�` ✓: _ y r h e:n y ,. •' •l V. the LC aSE'w !:.•. e.:.. JC.J t��}iG.~. r•c• c:. ��tiE• -•r ; r.; +;r; c•..:i_ce;. ty by the negi igEr..e of .he Ci. ARTICLE XI PEACEFUL POSSESSION Subject_ to the terms, conditions and covenants of this Lease, the City agrees that County shall and may peaceably have, hold and enjoy the premises above described, without hindrance or molestation by City. , ARTICLE XII SURRENDER OF PREMISES County agrees to surrender to City, at the end of the term of this Lease or any extension thereof, said leased premises in as good cci- dition as said premises were at the beginning of the term of this Lease, ordinary wear and tear and damage by fire and windstorm or other acts of C,�d excepted. ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS T'ne r'ounty does hereby agree to indemnify and save the City harL.;ess, to the extent of the limitations included within Florida Statut.ee, Section 765.2c, from any and all claims, liability, losses and caases of action which may arise as a result of the County's negligence. ARTICLE XIV SUCCESSORS IN INTEREST It is hereby covenanted and agreed between the parties hereto that the covenants, conditions, agreements and undertak- ings contained in this Lease shall not extend to any successors and assigns of the respective parties hereto, and this Lease is not assignable or transferable without the written approval of the City. ARTICLE XV OPTION TO RENEW Provided this Lease is not otherwise in default, the County, through its County Manager or his designee, is hereby granted the option to extend this Lease for four (4) successive ten (10) year renewal periods upon the same terms and conditions, by giving the City notice in writing at least sixty (60) days prior to the expiration of this Lease or any extension thereof. ARTICLE XVI REVERSION In the event Dade County abandons or no longer uses the property in accord with Article I above, for a period of one year, this Lease will no longer be in effect and the facility will revert to the ownership of the City of South Miami, unless such period be extended by the parties. 3 at ran . L i B I L I T':' 11%4. _ a w 'j : l ti' L: Y V ti►Yii iiiill iJi:' .. <<t.2..it:: 1'� .�` ✓: _ y r h e:n y ,. •' •l V. the LC aSE'w !:.•. e.:.. JC.J t��}iG.~. r•c• c:. ��tiE• -•r ; r.; +;r; c•..:i_ce;. ty by the negi igEr..e of .he Ci. ARTICLE XI PEACEFUL POSSESSION Subject_ to the terms, conditions and covenants of this Lease, the City agrees that County shall and may peaceably have, hold and enjoy the premises above described, without hindrance or molestation by City. , ARTICLE XII SURRENDER OF PREMISES County agrees to surrender to City, at the end of the term of this Lease or any extension thereof, said leased premises in as good cci- dition as said premises were at the beginning of the term of this Lease, ordinary wear and tear and damage by fire and windstorm or other acts of C,�d excepted. ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS T'ne r'ounty does hereby agree to indemnify and save the City harL.;ess, to the extent of the limitations included within Florida Statut.ee, Section 765.2c, from any and all claims, liability, losses and caases of action which may arise as a result of the County's negligence. ARTICLE XIV SUCCESSORS IN INTEREST It is hereby covenanted and agreed between the parties hereto that the covenants, conditions, agreements and undertak- ings contained in this Lease shall not extend to any successors and assigns of the respective parties hereto, and this Lease is not assignable or transferable without the written approval of the City. ARTICLE XV OPTION TO RENEW Provided this Lease is not otherwise in default, the County, through its County Manager or his designee, is hereby granted the option to extend this Lease for four (4) successive ten (10) year renewal periods upon the same terms and conditions, by giving the City notice in writing at least sixty (60) days prior to the expiration of this Lease or any extension thereof. ARTICLE XVI REVERSION In the event Dade County abandons or no longer uses the property in accord with Article I above, for a period of one year, this Lease will no longer be in effect and the facility will revert to the ownership of the City of South Miami, unless such period be extended by the parties. 3 ' o • It is uncle. stcc::: -and :greed between the parties hereto that written notice addressed to the County and mailed or delivered to the Director, General Services Administration, 111 N.W. First Str::et, Miami, Florida 33128, shall constitute sufficient notice to the County, and written notice addressed to the City, and trailed or delivered to the address of the City, 6130 Sunset Drive, South Miami, Florida 33193, shall constitute sufficient notice to the City to comply with the terms of this Lease. Notices provided herein in this paragraph shall include all notices required in this Lease or required by law. ARTICLE XIX WRITTEN AOR£EMENT This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by resolution approved by the Board of County Commissioners a.,-.d the City Commissicners of the City of South Miami. It WITNESS WHEREOF, the City and County have caused this Least. Acrtement to be executed by their respective and duly authorized o:fi:•ers the day and year first above written. i ATTEST: CITY CLERK (OFFICIAL SEAL) ATTEST: RICHARD P. BRINKER, CLERK Byt Deputy Clerk (SEAL) CSMDCLA 4 CITY OF SOUTH MIAMI, B? ITS CITY COMMISSION By: City Manager DATE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: SERGIO PEREIRA County Manager .r I aAjae . W y' i�, l�:.:�: f:.• _ _ t des •.. •thc .•., c; :�.. .. ,1. .. " .. _ �:-�, e:�:._, bu_iLin9 w..= .:; �- . _.. .. t..E C t wh I Ch s`tal t ate instrument. It is uncle. stcc::: -and :greed between the parties hereto that written notice addressed to the County and mailed or delivered to the Director, General Services Administration, 111 N.W. First Str::et, Miami, Florida 33128, shall constitute sufficient notice to the County, and written notice addressed to the City, and trailed or delivered to the address of the City, 6130 Sunset Drive, South Miami, Florida 33193, shall constitute sufficient notice to the City to comply with the terms of this Lease. Notices provided herein in this paragraph shall include all notices required in this Lease or required by law. ARTICLE XIX WRITTEN AOR£EMENT This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by resolution approved by the Board of County Commissioners a.,-.d the City Commissicners of the City of South Miami. It WITNESS WHEREOF, the City and County have caused this Least. Acrtement to be executed by their respective and duly authorized o:fi:•ers the day and year first above written. i ATTEST: CITY CLERK (OFFICIAL SEAL) ATTEST: RICHARD P. BRINKER, CLERK Byt Deputy Clerk (SEAL) CSMDCLA 4 CITY OF SOUTH MIAMI, B? ITS CITY COMMISSION By: City Manager DATE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: SERGIO PEREIRA County Manager .r I aAjae 0 0 t r• 1 + Y� 9141 O ,�� �iynii� 4�) 9atir171i0�{ O r O 'lif+►i1�9 •rJifo i�i+l 0 1 le I 101 1 1 1 1 r- ����DO ©�f�l� ll 1 0 SEEN 5 i loz w a L NVId 3iIS MAIM 1""D llol "ii -1104% iiA"*.► so"" s. OHIl4iva i _, 1 . i i N N m l •off. �I j � w iiA"*.► so"" s. OHIl4iva i _, 1 . i i N N m o, is a RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE SOUTH MIAMI ACTION COMMITTEE TO PLACE HISTORIC PICTURES OF CITY PERSONAGES AND SCENES THROUGHOUT CITY HALL. WHEREAS, since its inception as a municipality, the City of South Miami has enjoyed a history which should be com-- menorated by the placing of historical pictures throughout City Hall; and WHEREAS, the City Commission wish to enlist the aid of the South Miami Action Committee to accomplish this goal. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the South Miami Action Committee is hereby authorized to collect pictures of people and places of historic significance to the City of South Miami for placement in City Hall. Section 2. That the Mayor and City Commission shall approve all pictures and the placement thereof in the City Hall Complex. ATTEST: PASSED AND ADOPTED this day of , 1988. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR AN ADDITION TO THE POLICE STATION. WHEREAS, the current City Police Station is in need of repairs, alterations and additions in order to facilitate the effective performance of the Department; and WHEREAS, the Mayor and City Commission wish to accomplish the necessary repairs and additions as soon as possible. NOW,•THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Acting City Manager is hereby authorized to request proposals for repairs, alterations and additions to the Police Station at City Hall. . Section 2. That all terms and conditions of any agreement for such services shall be approved by the City Commission. PASSED AND ADOPTED this day of 1 1988. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR ' t a RESOLUTION NO. A RESOLUTION OF THE MAYOR 'AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING INCREASED TRAFFIC ENFORCEMENT OF ILLEGAL PARKING ON S.W. 63RD AVENUE FROM S.W. 72ND TO S.W. 74TH STREETS. WHEREAS, there has been continual on- street parking violations on S.W. 63rd Avenue;. and WHEREAS, in order to protect the health, safety and welfare of motorists and residents, these violations must be eliminated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration is hereby directed to increase enforcement and eliminate the parking violations along S.W. 63rd Avenue from S.W. 72nd to S.W. 74th Streets. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 9. F., silijN-or MAYOR , 1988. t. /D• RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADJUSTING ALL NON -UNION EMPLOYEE PAY PLANS TO HAVE 5% STEP INCREASES IN CONFORMITY WITH THE A.F.S.C.M.E. AND P.B.A AGREEMENTS. WHEREAS, the City Commission has approved 5% step increases in the pay plans of union employees; and WHEREAS, the City Commission wishes to have all other non -union City employees have the same step pay plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE, CITY OF SOUTH MIAMI, FLORIDA: Section 1. That all non -union City employees shall receive the same 5% step increase in their pay plan as accepted by the City in regard to A.F.S.C.M.E. and P.B.A. employees. Section 2. That this increase shall not apply to the City Attorney, City,Manager or City Clerk, whose salaries are set by the City Commission. Section 3. That funds for.this increase shall come from each department's respective salary account. PASSED AND ADOPTED this day of , 1988. ATTEST: READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: 4_: viol _s RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO ACCEPT THE BID OF IN THE AMOUNT OF FOR REROOFING HE SOUTH MIAMI CITY L COMPLEX T 6130 SUNSET DRIVE AND THE SOCIAL SERVICES BUILDING AT 6125 S.W. 68TH STREET; SAID FUNDS TO BE EXPENDED FROM ACCOUNT NO. 245.000 ENTITLED: ENCUMBERANCE ACCOUNT; CONTRACT SUBJECT TO CITY COMMISSION APPROVAL. WHEREAS, the City of South Miami City Hall Complex and the City of South Miami Social Services Building are in need of reroofing and the City of South Miami has gone out for bids, per specification, for this procedure. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Acting City Manager be and is hereby authorized to accept the bid of in the amount of S for reroofing of the South Miami City Hall Complex at 6130 Sunset Drive and the Social Services Building at 6125 S.W. 68th Street, South Miami, Florida; said funds to be expended from Account No. 245.000 entitled: Encumberance Account. Section 2. All terms and conditions of said reroofing contract are subject to approval by the City Commission. ATTEST: PASSED AND ADOPTED this cby of , 1988. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY /I APPROVED: YOR r r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ADMINISTRATION TO CLOSE MANOR LANE BRIDGE. WHEREAS, in order to preserve the residential character of the Manor Lane area of the City; and WHEREAS, in order to promote the public health, safety and welfare of the residents of the area by eliminating excess traffic congestion, the Manor Lane Bridge should be permanently closed to traffic. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby authorize the City Administration to permanently close Manor Lane Bridge. PASSED AND ADOPTED this day of , 1988. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY F1 24 tTOW54 MAYOR