Res. No. 073-09-12882RESOLUTION NO. 73-09 -12882
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, REQUESTING A VARIANCE FROM THE LAND
DEVELOPMENT CODE TO ALLOW A COMMERCIAL BUILDING TO HAVE A
TWO AND HALF (2.5) FOOT LANDSCAPE BUFFER ZONE VERSUS A FIVE (5)
FOOT BUFFER ZONE AS REQUIRED BY THE GRAPHIC REQUIREMENT IN
SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW- INTENSITY
OFFICE USE DISTRICT LOCATED AT 5825 SW 68 T11 STREET, SOUTH MIAMI,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Application No. PB -09 -001 was submitted to the Planning Board by the
applicant South Miami Community Redevelopment Agency, said application requesting approval
of two variances from standards set forth in the Section 20 -4.4 Land Development Code: (1) a
variance to reduce required parking spaces from 26 spaces to 23 spaces; (2) a variance allowing
for the five (5) foot perimeter landscape buffer zone to be reduced to 2.5 feet as required by the
graphic requirement in Section 20 -4.4 all on property located in an "LO" Low Intensity Office Use
District located at 5825 SW 68h Street; and
WHEREAS, the applicant has revised the site plan and parking spaces thereby
eliminating the need for a parking space variance and in a memo to the Planning Director dated
March 27, 2009 withdrew the parking variance request; and
WHEREAS, the applicant wishes to convert the existing storage building into an office
building; and;
WHEREAS, the proposed office use is now subject to stricter zoning requirements than
when the building was built in 1982, resulting in the need to reduce the width of the required
perimeter landscape buffer; and
WHEREAS, a decision on the requested variance is based on an affirmative finding as to
five criteria set forth in LDC Section 20- 5.9(H) which findings are set forth in Section 3 of this
Resolution; and
WHEREAS, the approval of a variance requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, the applicant, a not - for - profit corporation, has requested a waiver of the
variance application fee ($3,000) and a waiver of the annual fee charged for on- street parking
spaces which are counted as required parking; and
WHEREAS, at its February 24, 2009 meeting the Planning Board, after public hearing,
voted 5 ayes 1 nay to recommend approval of the variance requested; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
the recommendation of the Planning Board.
Res. No. 73 -09 -12882
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Application No. PB -09 -001 submitted to the Planning Board by the applicant South
Miami Community Redevelopment Agency, said application requesting approval of a variance
allowing for the five (5) foot perimeter landscape buffer zone to be reduced to 2.5 feet as required
by the graphic requirement in Section 20 -4.4 all on property located in an "LO" Low Intensity
Office Use District located at 5825 SW 68`x' Street is hereby approved with the condition that one
office bay shall be provided at no charge to the Parks and Recreational Department.
Section 2. The approval of the requested variance includes approval of Architectural Site Plans
For 5825 SW 68 °i Street as prepared by The Russell Partnership, Inc., (dated 4/1/09) and labeled
Exhibit "A" which is attached and incorporated herein.
Section 3. That the approval of the subject variance is based upon affirmative findings to each
criteria as set forth in LDC Section 20- 5.9(H) and as shown below:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The variance requested would relieve development limitations imposed by
converting a non - conforming use (warehouse) to office use requiring a significant
number of additional parking spaces and land area.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property
A denial of the variance would be a hardship on the owner by preventing the
property and structure from being used in a contemporary manner and to be
compatible with other uses in the area
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
The property became non- conforming and non-functional prior to its purchase by
the CR,4.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
The granting of the landscape parking variance is the smallest possible but still
allows for the reasonable use of a building, for a community service purpose.
5.
The approval of the variance will remove a non - conforming use and retrofit an
older building for contemporary uses more compatible with the community, which
is consistent with the stated objectives of the Land Development Code. The
variance requested will have minimal impact on surrounding properties.
Section 4. That the variance application fee of $3,000 and the annual fee charged for on- street
parking spaces which are counted as required parking are hereby waived.
Res. No. 73 -09 -12882
Section 5. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this21 say ofApril
Al EST:
lCLERK
READ AND APPROVED AS TO FORM:
C TTORNEY
2009
APPROVED:
'MAYOR
Commission Vote: 4 -0
Mayor Feliu Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Newman Yea
X: \Comm Items \2009 \4 -7 -09 \Variances 5825 68 St Alternate Resol.doe
South Miami
NI•NneftaCHV
CITY OF SOUTH MIAMI t' I I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zoos
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Planning Direct
Date: April 7, 2009 ITEM No.
Subject:
A RESOLUTION OF THE MAYOR Sr CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, REQUESTING A VARIANCE FROM SECTION 20 -4.4 (B) OF THE LAND
DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE
REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23)
SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE
REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON PROPERTY
WITHIN AN "LO" LOW- INTENSITY OFFICE USE DISTRICT LOCATED AT 5825 SW 68TH
STREET, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
The applicant, the South Miami Community Redevelopment Agency ( SMCRA), is requesting variances in order to
convert a 6,400 sq. ft. industrial /storage building into an office building. The building now owned by the SMCRA
is located at 5825 SW 68'x' Street and is immediately south of and abuts the City's Bethel - Gibson Community
Center and Murray Park. The proposed office use is now subject to stricter zoning requirements than when the
building was built in 1982. This did result in the request for variances, one requesting to waive three on -site
parking spaces and one requesting to reduce the width of the required perimeter landscape buffer.
ADJUSTMENT TO THE VARIANCE REQUEST
At the City Commission meeting on March 17, 2009, this item was discussed at which time concern was expressed
that a parking space variance granted at this location could result in other properties nearby requesting the same
variance. The CRA and Planning staff together with the project architect were requested to determine if the
variance request could be avoided if the site plan was modified. The staff also reviewed a suggestion by the Vice
Mayor that new parking spaces could be added at the front of the building thereby avoiding the parking space
variance request.
(1) The conversion to an office building will require 26 parking spaces. Based on adjustments to the site plan
at the. entrance way two additional on -site parking spaces can be created, resulting in total 23 spaces on site.
In addition a field measurement of the on- street spaces confirmed that there are actually three (3) on- street
metered spaces which can be counted toward the required parking spaces for the project. These adjustments
will eliminate the need for the three space parking variance. A memo from the CRA Director dated March
27, 2009 (attached) requests that the parking variance request be withdrawn.
(2) An alternative proposal suggested by the Vice Mayor which provides for 5 new off - street parking spaces to
be constructed at the front of the building is illustrated in an attached site plan, identified as Exhibit "B ".
The five spaces would require at the front of the building the removal of: the existing sidewalk; all
landscaping and trees; and the concrete planter boxes at the front of the building. The spaces would require
cars to back out into the street. In addition the spaces would be located within 10 feet of a curb and extend
2
across the property line which is contrary to Section 20- 4.4(F)(6) of the Land Development Code. This
alternative is not recommended.
STAFF OBSERVATIONS
(1) The subject building (aka Mobley Building) was acquired by the SMCRA in 2001 and in 2007 the SMCRA
Board decided to convert the warehouse into office space for use by start-up businesses, community service
agencies and public recreational uses. The conversion and renovation of this building is part of the CRA program to
expand business opportunities in the community and to provide a location for public service agencies. (see CRA
Director's Letter dated 1/29/09)
(2) The subject parcel at 5825 SW 68'x' Street is 17,750 sq. ft. as set forth in the plan document (7,500 required) and
has 125 feet frontage (100 required). The proposed building plan complies with all of the zoning dimensional
standards for the LO Low - Intensity Office Use zoning district.
(3) The building was constructed in 1982. At that time the property was zoned C -3 "Arterial Commercial District"
which permitted industrial uses. In 1989 the entire block face including the subject property was re- classified as a
"LO ", Low - Intensity Office Zone. In that industrial uses are not permitted in the LO zone, the building use became
non - conforming limiting the expansion, use, and renovation of the structure.
(4) The parking requirement for warehouses was one space for every 1,000 sq. ft., which resulted in a required
seven off - street parking. The conversion to an office building will require 26 parking spaces. The site plan
submitted has now been revised to indicate that the site can accommodate 23 spaces in the open area on the east
side of the building. The three on- street spaces abutting the property will be counted toward the required parking
for a total of 26 spaces.
(5) In order to provide the maximum number of parking spaces on site and the required maneuvering/driveway
width of 23 feet, it was necessary to reduce the width of the required 5 foot perimeter landscape buffer in the
parking lot. A variance to allow the 5 foot buffer to be reduced to 2.5 feet is also being _requested,
(6) The applicant in the March 27, 2009 memo has also requested that the variance application fee be waived
($3,000) and a waiver of the $1,000 per space annual fee charged by the City for on- street spaces which are counted
toward meeting the required parking space standard (Ordinance No.31 -08- 1966).
PLANNING BOARD ACTION
The Planning Board at its February 24, 2009 meeting conducted a public hearing on the proposed requested
variances and adopted a motion by a vote of 5 ayes 1 nay (Mr. Cruz) recommending approval.
RECOMMENDATION
It is recommended that the proposed variance to allow the 5 foot perimeter landscape buffer to be reduced to 2.5
feet be approved.
The applicant is also requesting that the City Commission approve the waiver of the variance application fee and
the annual fee required to be paid into the City' Parking Fund for each on- street space counted as a required space.
Attachments
Draft Resolution
Alternate Resolution
Memo from CRA Director 3 -27 -09
Application
Location map
Letter of Hardship
Survey
Planning Department Staff Report 2 -24 -09
Planning Board Minutes Excerpt 2 -24 -09
Front Parking Plan Exhibit "B"
LDC Applicable Regulations, Sec. 20- 5.9(H)
LDC Sec. 20 -4.4 Parking Standards
Revised Site Plan dated 4 -1 -09 (Exhibit "A')
Public Notices
TJV /SAY
X: \Comm Items\2009 \4 -7 -09 \Variances 5825 68 St CM Report.doc
:.
To: Thomas Vageline, Plannin Director
From: Stephen David, SMCRA /Direct
CC: Sanford Youkilis, Planning ons n
Date: March 27, 2009
Re: SMCRA Request for Parking Variance — Mobley Building Renovation Project
Based on recent comments offered by the City Commission during their March 17,
2009 Meeting, staff has met with the architect of record for the above referenced
project and revisited options for increasing parking on the proposed site. Following a
secondary examination of the site, it was determined that there is sufficient area on-
street to designate a total of three (3) on- street parking spaces. Also by slightly
reconfiguring the street entrance to the site, an additional two (2) parking spaces has
been obtained thus allowing the SMCRA to meet all required parking as per the
current land use code. Therefore, the SMCRA respectfully requests a withdrawal our
initial request .for a parking variance to renovate of the SMCRA owned Mobley
Building located at 5825 SW 68th Street.
Regarding the required on- street parking, the SMCRA also requests relief of the
annual fee for on- street parking spaces based on the City of South Miami Community
Redevelopment Agency's overall mission of removing existing blighted conditions and
providing economic development opportunities in the City of South Miami through
planned redevelopment of City of South Miami CRA owned properties.
Finally, due to the fact that the existing building was constructed prior to the existing
land -use code, the SMCRA's request for a required landscape variance is still in
effect. Regarding this request, the SMCRA also respectfully requests a waiver of the
required variance application fee based on the above outlined reasons. If you should
have any questions or concerns, please feel free to contact us directly.
Thank you.
CRA
City of
South Miami
:.
To: Thomas Vageline, Plannin Director
From: Stephen David, SMCRA /Direct
CC: Sanford Youkilis, Planning ons n
Date: March 27, 2009
Re: SMCRA Request for Parking Variance — Mobley Building Renovation Project
Based on recent comments offered by the City Commission during their March 17,
2009 Meeting, staff has met with the architect of record for the above referenced
project and revisited options for increasing parking on the proposed site. Following a
secondary examination of the site, it was determined that there is sufficient area on-
street to designate a total of three (3) on- street parking spaces. Also by slightly
reconfiguring the street entrance to the site, an additional two (2) parking spaces has
been obtained thus allowing the SMCRA to meet all required parking as per the
current land use code. Therefore, the SMCRA respectfully requests a withdrawal our
initial request .for a parking variance to renovate of the SMCRA owned Mobley
Building located at 5825 SW 68th Street.
Regarding the required on- street parking, the SMCRA also requests relief of the
annual fee for on- street parking spaces based on the City of South Miami Community
Redevelopment Agency's overall mission of removing existing blighted conditions and
providing economic development opportunities in the City of South Miami through
planned redevelopment of City of South Miami CRA owned properties.
Finally, due to the fact that the existing building was constructed prior to the existing
land -use code, the SMCRA's request for a required landscape variance is still in
effect. Regarding this request, the SMCRA also respectfully requests a waiver of the
required variance application fee based on the above outlined reasons. If you should
have any questions or concerns, please feel free to contact us directly.
Thank you.
Z
0A
HL, IT
'C4
reb
ro:ia sz
ME
S�Vv% 58TH, STREET
E\ERA-1 .110TES'.
'WTE PLAN
.kI,D- SCO "E OF 11D.1 IIAIS (.1
�ND
%
co's--mm,
'C4
reb
ro:ia sz
ME
S�Vv% 58TH, STREET
E\ERA-1 .110TES'.
'WTE PLAN
.kI,D- SCO "E OF 11D.1 IIAIS (.1
�ND
co's--mm,
slV_w.
0 Lx 1:k
SM-C
Fit L ;�l
�I:ln -H_1 .--.1 1 3, 9... v
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
®
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
Application For Public Hearing Before Planning Board &City Commission
Lot(s) 19 Block 2 Subdivision Larkins 10wnsite
Address of Subject Property:
PB 9-405
5625 SW 6816 Street, South 05
Miami, FL 33143
Phone: (305) 668 -7238
of South Miami,
munity Redevelopment
icy (SMCRA)
tative: Organization: City of South Miami, Community
David, SMCRA Redevelopment Agency
ss: 6130 Sunset Drive
Phone: (305) 663 -723
Miami, FL 33143
ty Owner: City of South
Signature:
Community
elopment Agency
Address: 6130 Sunset
Phone: (305) 668 -7238
South Miami, FL 33143
Phone: (305) 663 -7301
;ct/Engineer: Russell
arship Inc. (Terry H010
AS THE APPLICANT, PLEASE INDICATE
q Owner Owner's Representative
APPLICATION IS HEREBY MADE FOR T
PLEASE CHECK THE APPROPRIATE ITEM:
_ Text Amendment to LDC
—Zoning Map Amendment
_ PUD Approval
PUD Major Change
IS
Contract to purchase
T Variance
_Special Use
_Special Exception
Other (Waiver of Plat)
Briefly explain application and cite specific Code sections:
Sr ro! t.anw�or.c .a,......,... _, o" -'': - -
20,4 -4). 2. Request for Parking ,,Hance for minimoum parking requirement
Subsection:_ Page #:_____ Amended Date:
represents
to purchase —Tenant/Lessee
'LEASE CHECK ALL THAT APPLY:
_ Letter of intent
_ Justifications for change
_ Statement of hardship
_ Proof of ownership or letter from owner
_ Power of attorney
Contract to purchase
_ Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17 ")
_ 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
_ 20% Property owner signatures or
Affidavit attesting to mail notice sent
_ Mailing labels (3 sets) and map
are true and correct to
apgikanrs tcnow euge a,�� January 28 2009
;YY�� �meAA Date
Ap 'cant's Signature an title
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations.
Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed - Date of Commission
Date of PB Hearing
5961
6DO,
sW 67TH ST I SUBJECT
PROPERTY
69Di
J
2
F
w w W . 6i90
N m Zn["1 5813 Za SP'3
SW 68TH ST
s
an ° 581e s96 w /
/ n,z
an I a \ 3\
5]91
as s D
en 91,
sso9 sees
6a4s 'Sv 064
.& ' FF'
3
SW 69TH ST e �ko �' 'mo
9
5820 5163 /
m `bb 519s /
5929 5882 ry
5890
ea 5901
�o
561,
SW 70TH ST
N
WE
S
J BRESIAAVE
,ssD
tr
1535
1
pis
50*
5959
JS �
s
an c
m
SW7ISTST 563e
1ST ST
as a
SBSI $ M 5295
5860
59 5
GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction 216/20
6ws
0
' 6601
151fi
aeo,
6915
City of South Miami
PB -09 -001
Variances Parking/Landscaping
5825 SW 68th Street
0
300
600 900 1,200 Feet
6313
93 Ina 59111
$925 f ` 6345 I 6350
sus t 6 %0 046 6340 I iz6325�
HARDEEHARDEE
DR
6401
6400
—
n
5911
e4oi
wl
MW
6401
also
6401
6900
safx
64zo
6411
ns
6111
sat,
6mo
ban
a410
un
6410
64n
64,0
6920
6426
6443
6945
6421
6420
6421
920
E421
6920
6421
6420
64<2 I
6943
6642
64
6461
6431
6430
6431
6130
4
6431
6439
6931
6430
U
Poll
6961
6411
W
S
6441
6440
2
m
6441
6940
m
&41
6440
ti
6641
6440
2
r
6510
69N
6461
°~'
6501
6500
6501
(SOD
y
6501
aw
R..
6501
650D
iyJS
6500
650,
w
6511
651D
all
alo
6511
6510
all
6510
6 2D
6s16
6532
&
6Ri
6526
6521
6510
6521
6520
6521
6520
x550
6651
6Ri
691
6530
6531
6530
6531
6530
6 31
690
6540
4J
as,
$
5915
6540
5943
6590
6sa1
rts40 ail
an
SW 66TH ST
6600
601
g
sa96
seen
�
�
x
m
is an
SW 66TH TER
Vol
_
5961
6DO,
sW 67TH ST I SUBJECT
PROPERTY
69Di
J
2
F
w w W . 6i90
N m Zn["1 5813 Za SP'3
SW 68TH ST
s
an ° 581e s96 w /
/ n,z
an I a \ 3\
5]91
as s D
en 91,
sso9 sees
6a4s 'Sv 064
.& ' FF'
3
SW 69TH ST e �ko �' 'mo
9
5820 5163 /
m `bb 519s /
5929 5882 ry
5890
ea 5901
�o
561,
SW 70TH ST
N
WE
S
J BRESIAAVE
,ssD
tr
1535
1
pis
50*
5959
JS �
s
an c
m
SW7ISTST 563e
1ST ST
as a
SBSI $ M 5295
5860
59 5
GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction 216/20
6ws
0
' 6601
151fi
aeo,
6915
(t)
January 29, 2009
cool
'1Nr,Yiro cur f✓eighbcnc�cd c Great floor to Lire, Violk and Alel %'
RE: Required Parking and Landscape Variances (2) for City of South Miami
Community Redevelopment Agency Construction Project
Honorable Planning Board Members and City Commission:
The property in question, 5825 SW 68`h Street is currently owned by the City of South Miami
Community Redevelopment Agency ( SMCRA). The property is currently located in the Low
Intensity Office (LO) Zoning District and contains one vacant 6,000 square foot industrial type
building. The current building renovation project was approved by the SMCRA Board as per
CRA Resolution #58 -07 -311. The proposed renovation involves the construction of new offices
for start-up business; community service providers and parks and recreational programming and
also involves the construction of a new exterior parking lot.
Due to the fact that the original building was constructed prior to existing land use regulations,
the current site does riot contain sufficient parking as per the current code. Therefore, in an effort
to provide sufficient parking, the landscape buffer along the eastern edge of the property has
been somewhat compromised thus necessitating the request for a landscape variance. Based on
the proposed parking layout, the maximum amount of spaces has been .obtained. However, the
proposed site plan is currently three (3) spaces shy of the total required spaces. The attached
request for a parking variance has therefore also been submitted.
It should be noted that although the building was constructed prior to the existing land use code,
the current renovation will provide much needed economic development and community
services opportunities for the entire SMCRA Community and for City of South Miami as a
whole.
We respectfully submit the attached variance application on behalf of the City of South Miami
Community Redevelopment Agency for Board review and final determination.
Thank you for your attention.
Souti itriz;-,3i Ccramunity Redevelop 3e. :t.kgency
...- ____..
...... nor..rm nnKine 83:.3 PHONE: 305 -666 -7236 FAX: N5-663.6345 J�rWVV.CINGPSGUTH MIP"OLNET
AN
J
0
/n Q
oNz
l
v �
Q
0' 2500'
.'p N '
m a
m�
Z
Nail
!a
3
g�
25.0
Imp
II �
1�5
t� N
D T
n �
v g
h m
T "
N
me
+ m
G
A S
1
in�
m
0f
4 R
�I
�6
JII �m
o ( m+
m�
?j
A!}
TiR AGT NCR
UNIVERSITY GARDENS 5UE3DIVI5I0N No. 3
f=E3, 102 - PG;. IS
Record 'and Measured 33053'
.� r . > PavenrlM1
2' Curb and Gutls --�' centerline _ N 002O0'0S'
Existing/Zoned J
Right-of-Way line
m
_
E
�
a
.D
U"
Cl
a,^
0
a
n
o
o
n
I
F
C S
�
'F
n�
O
Lo
SO
�d
!}
'
r �
k
X/O\
XJ
Qj�
Imp
II �
1�5
t� N
D T
n �
v g
h m
T "
N
me
+ m
G
A S
1
in�
m
0f
4 R
�I
�6
JII �m
o ( m+
m�
?j
A!}
TiR AGT NCR
UNIVERSITY GARDENS 5UE3DIVI5I0N No. 3
f=E3, 102 - PG;. IS
Record 'and Measured 33053'
.� r . > PavenrlM1
2' Curb and Gutls --�' centerline _ N 002O0'0S'
Existing/Zoned J
Right-of-Way line
°o
m
_
E
�
a
J
ie
Cl
0
i
o
r
n
I
o m�
'F
°o
MT
_
E
102.00'
J
ie
Cl
0
o
a
n
I
o m�
'F
n�
O
Lo
SO
z
!}
'
r �
k
X/O\
°o
MEASURED 141.97' _
RECORD 142.03'
_
_
102.00'
J
z
tin
0
•A
o
a
I
o m�
'F
n�
Lo
•'n
102.00'
!}
si'.•., `'.:' `'. •:i: Sv'Rim'E1.= +11:08'..
AJ ➢Z.i..
Im'II. � ''•��'
v +FJ -a- ASS ".. .. .
� r
I f.
m I
3 �T
ao�
rJ
�4f
I
n�
Lo
CD
E�
X/O\
XJ
Qj�
s�Ur$ ` South Miami
04 �
p All - America Cliv
t r
INCORPORATED
1927
�C � RY9 2001
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: February 24, 2009
Planning Board Members
From: Sanford A. Youkilis Re: Variance Requests (2)
Acting Director of Plann' 5825 SW 68`h Street
(A) PB -09 -001
Applicant: South Miami Community Redevelopment Agency
Location: 5825 SW 68 Street
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUESTING A VARIANCE FROM SECTION
20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL
BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26)
TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5)
FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT
IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW - INTENSITY
OFFICE USE DISTRICT LOCATED AT 5825 SW 68`h STREET, SOUTH MIAMI,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant, the South Miami Community Redevelopment Agency ( SMCRA), is requesting
two variances in order to convert a 6400 sq. ft. industrial/storage building into an office building.
The building now owned by the SMCRA is located at 5825 SW 68 °i Street and is immediately
south of and abuts the City's Bethel- Gibson Community Center and Murray Park. The proposed
office use is now subject to stricter zoning requirements than when the building was built in 1982.
This has resulted in the two variances, one requesting to waive three on -site parking spaces and
one requesting to reduce the width of the required perimeter landscape buffer..
BACKGROUND
The subject building (aka Mobley Building) was acquired by the SMCRA in 2001 and in 2007
the SMCRA Board decided to convert the warehouse into office space for use by start-up
businesses, community service agencies and public recreational uses. The conversion and
renovation of this building is part of the CRA program to expand business opportunities in the
community and to provide a location for public service agencies. (see CRA Director's Letter
dated 1/29/09)
The subject parcel at 5825 SW 68" Street is 10,900sq. ft. (7500 required) and has 125 feet
frontage (100 required). The proposed building plan complies with all of the zoning dimensional
standards for the LO Low - Intensity Office Use zoning district.
The building was constructed in 1982. At that time the property was zoned C -3 "Arterial
Commercial District" which permitted industrial uses. In 1989 the entire block face including the
subject property was re- classified as a "LO ", Low - Intensity Office Zone. In that industrial uses
are not permitted in the LO zone, the building use became non - conforming limiting the expansion
use, and renovation of the structure.
The parking requirement for warehouses was one space for every 1000 sq. ft., which resulted in a
required seven off - street parking. The conversion to an office building will require 26 parking
spaces. The site plan submitted indicates that the site can accommodate 21 spaces in the open
area on the east side of the building and two on- street spaces abutting the property will be
counted toward the required parking for a total of 23 spaces..The variance request for three (3)
Viking spaces will be required to meet the new parking requirement
In order to provide the maximum number of parking spaces on site and the required
maneuvering /driveway width of 23 feet, it was necessary to reduce the width of the required 5
foot perimeter landscape buffer in the parking lot. A variance to allow the 5 foot buffer to be
reduced to 2.5 feet is also being requested.
APPLICABLE REGULATIONS (SeeATTACH"ENT)
• Land Development Code Section 20- 4.4(B) Parking Requirements
• Land Development Code Section 20 -4.4 Parking Lot Graphic
• Land Development Code Section 20 -5.9 (M Variances Approvals
STAFF OBSERVATIONS
(1) The subject site is surrounded on the west and north by the community center playing fields
and on east by a commercial office building and the south by light industrial uses.
(2) In June 2008 the City commission amended the Land Development Code to add specific
criteria for judging variance requests. LDC Section 20 -5.9 (I) now requires that all variance
decisions shall be based on an affirmative finding as to each of the following criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The two variances requested would relieve development limitations imposed by converting a
non - conforming use (warehouse) to office use requiring a significant number of additional
parking spaces and land area
2. Denial of the variance would result in 'hardship to the owner. Hardship results if
the restriction of the zoning ordinance when applied to a particular property,
becomes arbitrary, confiscatory or unduly oppressive because of conditions of the
property that distinguish it from other properties under similar zoning restrictions,
A denial of the variances would be a hardship on the owner by preventing the property and
structure from being used in a contemporary manner and to be compatible with other uses in
the area.
3.
eexr
the applicant
The property became non - conforming and non-functional prior to its purchase by the CRA.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land bctildink or structure:
The granting of the parking variance and landscape parking variance are the smallest
possible but still allows for the reasonable use of a building for a community service
purpose.
5. That the a roval of the variance will be consistent with the general intent and
purpose of the Land Development Code and will not be injurious to the
neiahborhood or otherwise detrimental to the public welfare."
The approval of the variances will remove a non - conforming use and retro -fit an older
building for contemporary uses more compatible with the community, which is consistent
with the stated objectives of the Land Development Code. The variance requested will have
minimal impact on surroundingproperties.
RECOMMENDATION
It is recommended that the Board recommend approval of the two requested variances for 5825
SW 680' Street.
Attachments:
Application
Location map
Letter of Hardship
Survey
Site Plan
LDC Applicable Regulations,
Copy of Public Notices
SAY
X:1PB\PB Agendas Staff Reports\2009 Agendas Staff Reports�2- 24- 09�PB -09 -001 Vaziances CRA 5821 S W 68 t. oc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 24; 2009
City Commission Chambers
7:30 P.M.
EXCERPT
1. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Ms.
Yates, Mr. Cruz and Ms. Chael, Absent: Mr. Comendeiro
City staff present: Sanford A. Youkilis (Acting Planning Director), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Administrative Assistant).
III. Administrative Matters: Mr. Youkilis informed the Board the next meeting will
be held on March. 10, 2009.1-le commented that there has been application items submitted
and the election of Chair and Vice Chair person must be scheduled.
IV. Planning Board Applications/Public Hearing
PB -09 -001
Applicant: South Miami Community Redevelopment Agency
Location: 5825 SW 68 Street
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUESTING A VARIANCE FROM SECTION
20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL
BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO
TWENTY THREE (23) SPACES; AND A VARIANCE WANING THE FIVE (5) FOOT
LANDSCAPE BUFFER .ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN
SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW - INTENSITY OFFICE
USE DISTRICT LOCATED AT 5825 SW 68`h STREET, SOUTH MIAMI, FLORIDA;
AND PROVIDING FOR AN EFFECTIVE DATE.
Planning Board Meeting
February 24, 2009
Page 2 of 4
Action: Mr. Morton read the item into the record.
Mr. Youkilis advised the board that the Mobley Building was acquired by the SMCRA in
2001 and in 2007 the SMCRA Board decided to convert the warehouse into office space
for use by start-up businesses, community service agencies and public recreational uses.
The building is located in the LO Low - Intensity Office. The original building when built
in the 1980s only required seven spaces. However, the conversion to an office building
will require 26 parking spaces. A site plan was submitted that indicates that the site can
accommodate 21 spaces in the open area and two on- street spaces abutting the property for
a total of 23 spaces. The variance request for three (3) parking spaces will be required to
meet the new parking requirement. In order to provide the maximum number of parking
spaces on site and the required maneuvering /driveway width of 23 feet, it was necessary to
reduce the width of the required 5 foot perimeter landscape buffer in the parking lot. Mr.
Youkilis read the new criteria for approving variances by the City Commission and
Planning Board. Mr. Youkilis recommended approval of the two proposed variances.
Mr. Morton questioned why the resolution or the ordinance is not included in the package.
Mr. Youkilis replied that until board takes an action on the subject, that is when it is placed
in the package, but sometimes there are ordinances that are turned into the Department by
the City Attorney or a Commissioner and in those cases the ordinance is prepared in
advanced. However, it is important that the staff report covers everything that would go in
the ordinance.
Mr. Youkilis commented that the CRA Director Steven David has been working on the
project for over a year and is present to answer any questions.
Ms. Young questioned the second paragraph in relation to the 10,900 feet. Mr. Youkilis
replied that the land square footage is 10,000.
Mr. Cruz questioned why the air conditioning units were not placed on the roof, which
could have created more parking spaces. Mr. David replied that the architect is not present
at the moment and did due diligence to determine if the air conditioning could be moved.
The parking limitation was determined after the construction drawings were created.
Mr. Cruz questioned if the parking requirements were in effect while the building was
being designed. Mr. David replied yes, the parking requirements were in effect.
Mrs. Cabrera - Hernandez commented that she kept in close contact with the Building
Department regarding the item and provided further information to the board regarding the
parking area. She commented that the length of a parking space, required back up area and
the travel lane. Another feature that was taken into consideration was an existing tree that
explains why the island on the east corridor is wider than the minimum.
Mr. Cruz commented, that he agrees with the project, but does not agree with setting a
precedent that allows any other business on that street to not meet the requirements. Mr.
David commented that CRA and the Planning Department have tried to figure out if there
could be additional spaces.
Planning Board Meeting
February 24, 2009
Page 3 of 4
Mr. Cruz questioned if the parking was based on the square footage of the building or the
use which would reduce the parking requirements. Mr. Youkilis replied that it is an over all
figure measured as a gross total.
Ms. Chael questioned what types of uses are anticipated by the CRA department. Mr.
David responded that there are three anticipated uses that have spoken by the CRA Board
in the past, but are going to be brought back with leases so that the Board can approve or
disapprove. Business incubator spaces have been discussed in the past and right now it is
set up for four or five start up businesses, public recreation use and community services
organizations.
Ms. Chael questioned the hour of operations for the business and if the city considered a
synergy between the parks and recreation for the parking. Mr. David replied from 8:00 am
till 5:00 pm. Mr. Youkilis commented that the building stands alone, therefore would have
to have its own parking and not use the community center directly behind the property
which is usually filled.
Mr. Cruz questioned if as in the downtown district could the city pay to have two or three
spaces. Mr. Youkilis replied that in the downtown you could contribute to the Hometown
Parking Fund, but it is only allowed in the downtown district.
Mrs. Young asked for clarification on criteria No.5, "The variance request will have
minimum impact on surrounding properties ". Mr. Youkilis responded that he used the
word minimal because there maybe additional traffic but it will not affect the surrounding
buildings.
Chairman opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Sharon McCain 7502 SW 58 Avenue Oppose
Ms. McCain complemented the chairman for his background check on the item. She
questioned that the item did not go to the Parking Board and that Board could have given a
recommendation. While being on the Parking Board, a complaint was made in regards to
the amount of vehicles parked in the gentleman's lot and he did not have enough space for
his establishment and the space is very tight and the Board did something to alleviate some
of his problems.
Ms. McCain questioned what public recreational uses meant. Mr. David responded that the
board was not specific on the detail and that is why it is going to be reviewed again.
Ms. McCain commented that most of the parking of the facility is going to be occupied by
the employees and recommended that the employees park in the community center or
anywhere adjacent from the hours of operation from 8 a.m. — 5 p.m. She then commented
that if there are parking spaces missing in the Hometown area it should be made city wide
Planning Board Meeting
February 24, 2009
Page 4 of 4
because it is not fair for certain people to have to purchase extra parking and others not pay
and get a variance.
Mr. Youkilis commented that a fee for the two spaces on the street parking would have to
be normally paid to the city, but since the city owns the property the City Commission
would have to discuss if they would charge the (CRA) for the spaces.
Chairman closed the public hearing.
Mr. Cruz questioned what would have to be done so that businesses in other parts of the
city could pay a parking fee in lieu of spaces. Mr. Youkilis replied that the Planning Board
would have to pass a separate motion that would be delivered to the City Commission to
inform and allow them to think about it.
Mr. Cruz commented that if it is approved all businesses down the street will be allowed to
not comply with the parking requirements and the buffer. Mr. Youkilis commented that
each building would be looked at differently by the Board. Mr. Cruz commented that if
another building comes up remotely similar to this situation it would not be that difficult
for the business owner to hire an attorney to sue the city for the difference.
Motion: Ms. Chael moved to approve the application as presented and Ms. Young
seconded.
Vote: 5 Ayes 1 Nays (Mr. Cruz)
XAComm Items\2009\3- 17- 09\Excerpt PB Minutes02.24.09.doc
20.5.9 SOUTH MIAMI LAND DEVELOPMENT CODE
(7) ' Off-street parking
(8) Open space
(9) Signs
(10) Landscaping
(H) All variance decisions shall be based on an affirmative finding as to each of the
following criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property,
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property that
distinguish it from other properties under similar zoning restrictions;
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
5. That the approval of the variance will be in consistent with the general intent and
purpose of the Land Development Code, and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
(Ord. No. 11 -90 -1451, 8- 21 -90; Ord. NO. 11 -08 -1946, § 1, 3- 18 -08; Ord. No. 20 -08 -1955, § 1,
6 -3 -08)
20 -5.10 Reserved.
Editor's note —Ord. No. 25 -08 -1960, § 1, adopted July 29, 2008, deleted § 20 -5.10 in its
entirety. Former § 20 -5.10 pertained to administrative waiver approvals and derived from Ord.
No. 15 -94 -1564, § 1, adopted Oct. 4, 1994; and Ord. No. 4 -95 -1577, § 1, adopted Apr. 4, 1995.
20 -5.11 Site plan review approvals.
(A) Applicability. Site plans shall not require a public hearing but shall be submitted for
review and approval by the environmental review and preservation board prior to the issuance
of a permit for:
(1) Any new building or other structure which is visible from any public or private street;
and
(2) Any material alterations to an existing building or other structure which is visible
from any public or private street.
Sapp. No. 12 114
20 -4.4
SOUTH MIAMI LAND DEVELOPMENT CODE
0
o• LA.NDSCA 1p SNC --
� `O CURS
N lV
W �
I r
� N
p1 -0„ 91 -01, �1 v ' y,_0,. I 10'_0« 15. -0,.
YRCD I:z EWAY 2 3 '
Z..T.NDSCAP
22'_0.,
F�ARALLEL PAR1G =NG TH3LC>U G 1-i TRAFFS.0 ONLY
MJ'.N ETJ'"V ERSN G AREA -
ONE WAY 13 ' - 2'WQ
E.NTZ2A.NCE /EXIT L'.rFtS'VEWAYS
ONE WAY 1 2 — TWO WAY .22 `
� r
Supp. No. 4 96.4
'
of
1
p1 -0„ 91 -01, �1 v ' y,_0,. I 10'_0« 15. -0,.
YRCD I:z EWAY 2 3 '
Z..T.NDSCAP
22'_0.,
F�ARALLEL PAR1G =NG TH3LC>U G 1-i TRAFFS.0 ONLY
MJ'.N ETJ'"V ERSN G AREA -
ONE WAY 13 ' - 2'WQ
E.NTZ2A.NCE /EXIT L'.rFtS'VEWAYS
ONE WAY 1 2 — TWO WAY .22 `
� r
Supp. No. 4 96.4
SEE ATTACHED:
"RESOLUTION"
DEFERRED ON MARCH 179 2009
South Miami
*AmeftaCAV
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER 2001
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis AICP, Acting Planning Directo�
Date: March 17, 2009
ITEM No.
Subject;
A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUESTING A VARIANCE FROM SECTION
20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL
BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26)
TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5)
FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT
IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW - INTENSITY
OFFICE, USE DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
The applicant, the South Miami Community Redevelopment Agency ( SMCRA), is requesting two variances in
order to convert a 6400 sq. ft. industrial /storage building into an office building. The building now owned by the
SMCRA is located at 5825 SW 68`1' Street and is immediately south of and abuts the City's Bethel- Gibson
Community Center and Murray Park. The proposed office use is now subject to stricter zoning requirements than
when the building was built in 1982. This has resulted in the two variances, one requesting to waive three on -site
parking spaces and one requesting to reduce the width of the required perimeter landscape buffer.
STAFF OBSERVATIONS
(1) The subject building (aka Mobley Building) was acquired by the SMCRA in 2001 and in 2007 the SMCRA
Board decided to convert the warehouse into office space for use by start-up businesses, community service
agencies and public recreational uses. The conversion and renovation of this building is part of the CRA program to
expand business opportunities in the community and to provide a location for public service agencies. (see CRA
Director's Letter dated 1/29/09)
(2) The subject parcel at 5825 SW 680i Street is 10,900sq. ft. (7500 required) and has 125 feet frontage (100
required). The proposed building plan complies with all of the zoning dimensional standards for the LO Low -
Intensity Office Use zoning district.
(3) The building was constructed in 1982. At that time the property was zoned C -3 "Arterial Commercial District"
which permitted industrial uses. In 1989 the entire block face including the subject property was re- classified as a
"LO ", Low - Intensity Office Zone. In that industrial uses are not permitted in the LO zone, the building use became
non - conforming limiting the expansion use, and renovation of the structure.
(3) The parking requirement for warehouses was one space for every 1000 sq. ft., which resulted in a required
seven off - street parking. The conversion to an office building will require 26 parking spaces. The site plan
submitted indicates that the site can accommodate 21 spaces in the open area on the east side of the building and
two on -street spaces abutting the property will be counted toward the required parking for a total of 23 spaces. The
variance request for three (3) parking spaces will be required to meet the new parking requirement
(4) In order to provide the maximum number of parking spaces on site and the required maneuvering/driveway
width of 23 feet, it was necessary to reduce the width of the required 5 foot perimeter landscape buffer in the
parking lot. A variance to allow the 5 foot buffer to be reduced to 2.S feet is also being_LNuested.
(5) In June 2008 the City commission amended the Land Development Code to add specific criteria for judging
variance requests. LDC Section 20 -5.9 (H) now requires that all variance decisions shall be based on an affirmative
finding to five criteria.(see attached) The attached draft resolution sets forth an affirmative finding for each criteria
listed in the Code.
PLANNING BOARD ACTION
The Planning Board at its February 24, 2009 meeting conducted a public hearing on the proposed requested
variances and adopted a motion by a vote of 5 ayes I nay (Mr. Cruz) recommending approval.
RECOMMENDATION
It is recommended that the proposed variances be approved.
Attachments
Draft Resolution
Application
Location map
Letter of Hardship
Survey
Site Plan
Planning Department Staff Report 2 -24 -09
Planning Board Minutes Fxcerpt 2 -24 -09
LDC Applicable Regulations, Sec. 20- 5.9(H)
LDC Sec. 20 -4.4 Parking Standards
Public Notices
SAY
X: \Comm 1tems\2009\3d7 -09 \Variances 5825 68 StCM Report.doc
RESOLUTION NO.
4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO A REQUESTING A VARIANCE
6 FROM SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW
7 FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING
8 SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A
9 VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE
10 REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON
1I PROPERTY WITHIN AN "LO" LOW - INTENSITY OFFICE USE DISTRICT
12 LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA; AND
13 PROVIDING FOR AN EFFECTIVE DATE.
14
15
16 WHEREAS, Application No. PB -09 -001 was submitted to the Planning Board by the
17 applicant South Miami Community Redevelopment Agency, said application requesting approval
18 of two variances from standards set forth in the Section 20 -4.4 Land Development Code: (1) a
19 variance to reduce required parking spaces from 26 spaces to 23 spaces; (2) a variance allowing
20 for the five (5) foot perimeter landscape buffer zone to be reduced to 2.5 feet as required by the
21 graphic requirement in Section 20 -4.4 all on property located in an "LO" Low Intensity Office Use
22 District located at 5825 SW 68h Street; and
23
24 WHEREAS, the applicant wishes to convert the existing storage building into an office
25 building; and;
26
27 WHEREAS, the proposed office use is now subject to stricter zoning requirements than
28 when the building was built in 1982, resulting in the need for two variances, one requesting to
29 waive three on -site required parking spaces and one requesting to reduce the width of the required
30 perimeter landscape buffer; and
31
32 WHEREAS, a decision on requested variances is based on an affirmative finding as to
33 five criteria set forth in LDC Section 20 -5.9(M which findings are set forth in Section 3 of this
34 resolution; and
35
36 WHEREAS, the approval of a variance requires a recommendation from the Planning
37 Board and the approval of the City Commission after a public hearing; and
38
39 WHEREAS, the applicant, a not - for -profit corporation, has requested a waiver of the
40 variance application fee ($4125); and
41
42 WHEREAS, at its February 24, 20079 meeting the Planning Board, after public hearing,
43 voted 5 ayes 1 nay to recommend approval of the variances requested; and
44
45 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
46 the recommendation of the Planning Board.
47
48
49 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
50 THE CITY OF SOUTH MIAMI, FLORIDA THAT:
51
1 2
2 Section 1. Application No. PB -09 -001 submitted to the Planning Board by the applicant
3 South Miami Community Redevelopment Agency, said application requesting approval of
4 two variances from standards set forth in the Section 20 -4.4 Land Development Code: (1) a
5 variance to reduce required parking spaces from 26 spaces to 23 spaces; (2) a variance
6 allowing for the five (5) foot perimeter landscape buffer zone to be reduced to 2.5 feet as
7 required by the graphic requirement in Section 20 -4.4 all on property located in an "LO"
8 Low Intensity Office Use District located at 5825 SW 68th Street is hereby approved.
9
10 Section 2. The approval of the requested variances includes includes approval of Architectural
11 Site Plans for 5825 SW 68's Street as prepared by The Russell Partnership, Inc., (dated 2- 24 -09)
12 and labeled Exhibit "A" which is attached and incorporated herein.
13
14 Section 3. That the approval of the subject variances are based upon affirmative findings to each
15 criteria as set forth in LDC Section 20- 5.9(H) and as shown below:
16
17 1. The variance is necessary to relieve particular extraordinary conditions relating to a
18 specific property;
19 The two variances requested would relieve development limitations imposed by
20 converting a non - conforming use (warehouse) to office use requiring a significant
21 number of additional parking spaces and land area
22
23 2. Denial of the variance would result in hardship to the owner. Hardship results if the
24 restriction of the zoning ordinance when applied to a particular property, becomes
25 arbitrary, confiscatory or unduly oppressive because of conditions of the property
26 that distinguish it from other properties under similar zoning restrictions;
27 A denial of the variances would be a hardship on the owner by preventing the
28 property and structure from being used in a contemporary manner and to be
29 compatible with other uses in the area
30
31 3. The extraordinary conditions and circumstances do not result from the actions of the
32 applicant;
33 The property became non - conforming and non-functional prior to its purchase by
34 the CRA.
35
36 4. The requested variance is the minimum variance necessary to make possible the
37 reasonable use of the land building or structure:
38 The granting of the parking variance and landscape parking variance are the
39 smallest possible but still allows for the reasonable use of a building for a
40 community service purpose.
41
42 5. That the approval of the variance will be consistent with the general intent and
43 purpose of the Land Development Code and will not be iniurious to the
44 neighborhood or otherwise detrimental to the public welfare."
45 The approval q/ variances will remove a non - conforming use and retro -fit an
46 older building for contemporary uses more compatible with the community, which
47 is consistent with the stated objectives of the Land Development Code. The
48 variance requested will have minimal impact on surroundingproperties.
49
50 Section 4. That the variance application fee of $4125 is hereby waived.
51
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
3
Section 5. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items\2009\3 -17 -09 \Variances 5825 68 St Resol.doc
,2009
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman
Commissioner Newman:
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
® Telephone: (305) 663-6326; Fax: (305) 668-7356
Anntication For Public Hearing Before Planning Board &
ss of Subject Property:
SIN 68th Street, South
i. FL 33143
of South Miami,
munity Redevelopment
Icy (SMCRA)
Representative:
Stephen David, SMCRA
ss: 6130 Sunset Drive
Miami, FL 33143
Owner: City of South
Community
alopment Agency
Address: 6130 Sunset
South Miami, FL 33143
lineer. Russell
Inc. (Terry Hoft)
Lot(s) 19 Block 2
PB 2 -105
Phone: (305) 668 -7238
Commission
i Larkins Townsite
Organization: City of South Miami, Community
Redevelopment Agency
Phone:(305)
Signature:
Phone: (305) 668 -7238
Phone: (305) 663 -7301
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_J Owner _Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee
APPLIGATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM: _
_ Text Amendment to LDC 4 Variance
_ Zoning Map Amendment _Special. Use
_ PUD Approval _Special Exception
PUD Major Change _,Other (Waiver of Plat)
Briefly explain application and cite specific Code sections:
1. Request for Landscape variance for graphic requirement of 5' Landscape Buffer
(Section 20.4 -4). 2. Request for Parking variance for minimum parking requirement
waiver of three (3 ) required on -site spaces (Section 20.44B)
Section:_ Subsection:_ Page #:_____ Amended Date:
....a .e...e� >nro rhaf the information and all
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
_ Letter of intent
_ Justifications for change
_ Statement of hardship
_ Proof of ownership or letter from owner
_ Power of attorney
_ Contract to purchase
_ Current survey (1 original sealed and
signed/1 reduced copy @ 11" x 17 ")
_ 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
_ 20% Property owner signatures or
Affidavit attesting to mail notice sent
_ Mailing labels (3 sets) and map
Required Fee(s)
,ubmitted materials are true and correct to the best of the
4ptlsikno gne as mad is co
edge and elie£ January 28 2009
Date
Signature and title
Jpon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations.
Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required_ Petition Accepted
♦� -ate -J ..F O..rmenl _
City of South Miami
PB -09 -001 Variances Parking/Landscaping
5825 SW 68th Street
n son 600 900 1,200Feet
5961
6101
a
e �4w. ECG
S
J
59ro
lie
WD1 Z 5927
so
m 5998
y
4% Rol
5821
SW 70TH ST
O 5
5,
� J
�ro
SW 71ST S7 5630
i ST
5960
M57 R
5 5
SUBJECT
PROPERTY
60
N 519]
5]90
/ 1111
S
J
564 >o
51>0
5796
5]15
81
BRESCIAAVE
4
LN
1535
P�
4�Pa
6sss
511 i /
1578 1
6601 r
X45 nI CI ' � 6915
GIS Data by mlamo-Vaae 6.pUn6y, 1 yawl. n1a. =..y —�•� �. - -... .... _..�...___..,,
63 3 5931 15909 591]
5925
L 6345 I 6350
6315 • 6340
6k5
6310
6315
—.KAR =DB°°•'
°•HB�DFF 6[3..
®••
HARDEE DR
HARDEE RD
ti
5944
6401
Rol
6400
Rol
6400
6401
64W
6401
6400
6412
$ 6420
641
Rol
6411
64fo
6411
64fo
E411
6410
0411
6410
6429
6420
6443
6421
6420
6421
6420
6421
6420
6421
6420
6445
6442
64G3
6442
DIM
6456
6461
W
6431
6430
6431
DIM
y
q
6431
6430
a
6431
6430
U
6461
6471
6
2
6441
6440
2
m
6441
6440
Z
m
441
6440
6441
6440
6510
6420
6401
m
6501
6503
y
e
6501
6500
y
65o1
65W
y
6501
6500
h
am
6506
6501
N
6511
6510
6511
6510
6511
6510
65 11
6510
6516
6521
am
6521
am
(521
6520
6521
6520
O 6s50
6551
fi511
am
am
6531
6530
E531
65'4
6531
66ro
S40
sse
0591
$
53]5
640
5343
6540
6541
6540
6s41
6540
SW 66TH
ST
o1
-
56%
MID
$
X
m
0
S
0
5963
669]
SW 66TH TER
6669
Ig
5071
6701
5961
6101
a
e �4w. ECG
S
J
59ro
lie
WD1 Z 5927
so
m 5998
y
4% Rol
5821
SW 70TH ST
O 5
5,
� J
�ro
SW 71ST S7 5630
i ST
5960
M57 R
5 5
SUBJECT
PROPERTY
60
N 519]
5]90
/ 1111
S
J
564 >o
51>0
5796
5]15
81
BRESCIAAVE
4
LN
1535
P�
4�Pa
6sss
511 i /
1578 1
6601 r
X45 nI CI ' � 6915
GIS Data by mlamo-Vaae 6.pUn6y, 1 yawl. n1a. =..y —�•� �. - -... .... _..�...___..,,
(t)
:D gAV
2001
"rbtc$irg wr NeiglrLui.hccd e Great F.roce to Cn2, Mrk and Play"
January 29, 2009
RE: Required Parking and Landscape Variances (2) for City of South Miami
Community Redevelopment Agency Construction Project
Honorable Planning Board Members and City Commission:
The property in question, 5825 SW 68`h Street is currently owned by the City of South Miami
Community Redevelopment Agency ( SMCRA). The property is currently located in the Low
Intensity Office (LO) Zoning District and contains one vacant 6,000 square foot industrial type
building. The current building renovation project was approved by the SMCRA Board as per
CRA Resolution #58 -07 -311. The proposed renovation involves the construction of new offices
for start-up business, community service providers and parks and recreational programming and
also involves the construction of a new exterior parking lot.
Due to the fact that the original building was constructed prior to existing land use. regulations,
the current site does not contain sufficient parking as per the current code. Therefore, in an effort
to provide sufficient parking, the landscape buffer along the eastern edge of the property has
been somewhat compromised thus necessitating the request for a landscape variance. Based on
the proposed parking layout, the maximum amount of spaces has been obtained. However, the
proposed site plan is currently three (3) spaces shy of the total required spaces. The attached
request for a parking variance has therefore also been submitted.
It should be noted that although the building was constructed prior to the existing land use code,
the current renovation will provide much needed economic development and community
services opportunities for the entire SMCRA Community and for City of South Miami as a
whole.
We respectfully submit the attached variance application on behalf of the City of South Miami
Community Redevelopment Agency for Board review and final determination.
Thank you for your attention.
Sout%, Miami Community r edeve!cpmeht Agency
6130 SUNSET DRIVE SOUTH Ni4M1, FLORIDA 33143 PHONE, 305 - 669 -7236 FAX: 305 -663 -6345 N'N +N.CI TYOFSOUTH MIAI ILNET
J
An
z
tn'n o
w?
TT
1L 0
Q
n flz,
0 _ Nail
3
> i9 /-
MO }
a c�i
3 0
11 0
— T
�ory
nn
P°
o
i�
J^
� N
L 1
r
y N
o
(� 8
lV „
m
2-- I
� I
66 1�
o rn Q3
J =
O ( m }
ZL C
O
Yj
TR AGT
UNIVER51TT GARDENS 5UB1)IV151CN NO. 3
P5, 102 - FGT. 1'3
Rec ra and Meaeurea 33033'
2' Cwb and Gutter centerffne —/ N 00700'06, W
Existing/Zoned –/
Right –of –Way Line
m
w �
1
N
a
Ui
C
o
(� a
lP a
° z m
7t.
�
Vs
aT
n
I�
o�
0
4
10200'
it
`G
�In\
O \
C
n
n
fi
iLl
\�N I �
a c�i
3 0
11 0
— T
�ory
nn
P°
o
i�
J^
� N
L 1
r
y N
o
(� 8
lV „
m
2-- I
� I
66 1�
o rn Q3
J =
O ( m }
ZL C
O
Yj
TR AGT
UNIVER51TT GARDENS 5UB1)IV151CN NO. 3
P5, 102 - FGT. 1'3
Rec ra and Meaeurea 33033'
2' Cwb and Gutter centerffne —/ N 00700'06, W
Existing/Zoned –/
Right –of –Way Line
`i.•. `;`... 'a ;': e�3 Ruff E1 = +11065 : • jyj'
m
..: ..., k�
1
N
z
Ui
C
a
o
° z m
aT
n
I�
o�
0
4
10200'
9
`G
�In\
O \
m
n
n
�
T
=
L
(D
x,
�O]� \
ca
it
0
n..oa
0
`i.•. `;`... 'a ;': e�3 Ruff E1 = +11065 : • jyj'
MEASURED 141.97'
142_03'
..: ..., k�
_RECORD
— 102.00'
J
z
Ui
C
s
o
° z m
n
I�
n
0
4
10200'
�In\
O \
n
n
LO \
41- (a \
0? (p
(D
x,
�O]� \
it
0
0
}
`i.•. `;`... 'a ;': e�3 Ruff E1 = +11065 : • jyj'
MEASURED 141.97'
142_03'
..: ..., k�
_RECORD
— 102.00'
J
z
Ui
C
s
o
° z m
°z m
I�
n
4
10200'
`i.•. `;`... 'a ;': e�3 Ruff E1 = +11065 : • jyj'
' 'Rim fJ. =, }71148° ••�.
..: ..., k�
J I
to
I�
\
m
I I C) i
1 I 1
1 'i �/-1
<I
J I
to
I�
\
�In\
O \
LO \
41- (a \
0? (p
\
E
6,9
x,
�O]� \
South Miami
All- AmericaCily
i I ®'
zoos
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: February 24, 2009
Planning Board Members
From: Sanford A. Youkilis Re: Variance Requests (2)
Acting Director of Plann' 5825 SW 68`6 Street,
(A) P13-09 -001
Applicant: South Miami Community Redevelopment Agency
Location: 5825 SW 68 Street
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF TILE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUESTING A VARIANCE FROM SECTION
20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL
BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26)
TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5)
FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT
IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW - INTENSITY
OFFICE USE DISTRICT LOCATED AT 5825 SW 68th STREET, SOUTH MIAMI,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant, the South Miami Community Redevelopment Agency ( SMCRA), is requesting
two variances in order to convert a 6400 sq. ft. industrialfstorage building into an office building.
The building now owned by the SMCRA is located at 5825 SW 68'h Street and is immediately
south of and abuts the City's Bethel- Gibson Community Center and Murray Park. The proposed
office use is now subject to stricter zoning requirements than when the building was built in 1982.
This has resulted in the two variances, one requesting to waive three on -site parking spaces and
one requesting to reduce the width of the required perimeter landscape buffer..
BACKGROUND
The subject building (aka Mobley Building) was acquired by the SMCRA in 2001 and in 2007
the SMCRA Board decided to convert the warehouse into office space for use by start-up
businesses, community service agencies and public recreational uses. The conversion and
renovation of this building is part of the CRA program to expand business opportunities in the
community and to provide a location for public service agencies. (see CRA Director's Letter
dated 1/29/09)
The subject parcel at 5825 SW 681h Street is 10,900sq. ft. (7500 required) and has 125 feet
frontage (100 required). The proposed building plan complies with all of the zoning dimensional
standards for the LO Low - Intensity Office Use zoning district.
The building was constructed in 1982. At that time the property was zoned C -3 "Arterial
Commercial District" which permitted industrial uses. In 1989 the entire block face including the
subject property was re- classified as a "LO ", Low - Intensity Office Zone. In that industrial uses
are not permitted in the LO zone, the building use became non - conforming limiting the expansion
use, and renovation of the structure.
The parking requirement for warehouses was one space for every 1000 sq. ft., which resulted in a
required seven off - street parking. The conversion to an office building will require 26 parking
spaces. The site plan submitted indicates that the site can accommodate 21 spaces in the open
area on the east side of the building and two on- street spaces abutting the property will be
counted toward the required parking for a total of 23 spaces..The variance request for three (3)
parking spaces will be required to meet the new parking requirement
In order to provide the maximum number
maneuvering/driveway width of 23 feet, it was
foot perimeter landscape buffer in the parking
reduced to 2.5 feet is also being requested.
of parking spaces on site and the required
necessary to reduce the width of the required 5
lot. A variance to allow the 5 foot buffer to be
APPLICABLE REGULATIONS (See ATTACHNMENT)
Land Development Code Section 20- 4.4(B)
Parking Requirements
Land Development Code Section 20 -4.4
Parking Lot Graphic
Land Development Code Section 20 -5.9 (H)
Variances Approvals
STAFF OBSERVATIONS
(1) The subject site is surrounded on the west and north by the community center playing fields
and on east by a commercial office building and the south by light industrial uses.
(2) In Tune 2008 the City commission amended the Land Development Code to add specific
criteria for judging variance requests. LDC Section 20 -5.9 (H) now requires that all variance
decisions shall be based on an affirmative finding as to each of the following criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The two variances requested would relieve development limitations imposed by converting a
non - conforming use (warehouse) to office use requiring a significant number of additional
parking spaces and land area.
2. Denial of the variance would result in hardship to the owner. Hardship results if
the restriction of the zoning ordinance when applied to a particular property
becomes arbitrary , confiscatory or unduly oppressive because of conditions_ of the
A denial of the variances would be a hardship on the owner by preventing the property and
structure from being used in a contemporary manner and to be compatible with other uses in
the area.
3. Thee ordina conditions and circumstances do not result from the actions of
the applicant;
The property became non - conforming and non-functional prior to its purchase by the CRA.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land building, or structure;
The granting of the parking variance and landscape parking variance are the smallest
possible but still allows for the reasonable use of a building for a community service
purpose.
5. That the approval of the variance will be consistent witb the general intent and
purpose of the Land Development Code and will not be miurious to the
neighborhood or otherwise detrimental to the public welfare."
The approval of the variances will remove a non - conforming use and retrofit an older
building for contemporary uses more compatible with the community, which is consistent
with the stated objectives of the Land Development Code. The variance requested will have
minimal impact on surrounding properties.
RECOMMENDATION
It is recommended that the Board recommend approval of the two requested variances for 5825
SW 680' Street.
Attachments:
Applkation
Location map
Letter of Hardship
Survey
Site Plan
LDC Applicable Regulations,
Copy ofPublte Notices
SAY
X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\2- 24- 09\PB -09 -001 Variances CRA 5825 SW 68 St.doc
DRAFT
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 24, 2009
City Commission Chambers
7:30 P.M.
EXCERPT
1. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 P.M.
The Pledge of Allegiance was recited in unison.
IL Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Ms.
Yates, Mr. Cruz and Ms. Chael. Absent: Mr. Comendeiro
City staff present: Sanford A. Youkilis (Acting Planning Director), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Administrative Assistant).
III. Administrative Matters: Mr. Youkilis informed the Board the next meeting will
be held on March. 10, 2009.He commented that there has been application items submitted
and the election of Chair and Vice Chair person must be scheduled.
IV. Planning Board Applications/Public Hearing
PB -09 -001
Applicant: South Miami Community Redevelopment Agency
Location: 5825 SW 68 Street
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUESTING A VARIANCE FROM SECTION
20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL
BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SLY (26) TO
TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT
LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN
SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW- INTENSITY OFFICE
USE DISTRICT LOCATED AT 5825 SW 68'h STREET, SOUTH NIAMI, FLORIDA;
AND PROVIDING FOR AN EFFECTIVE DATE.
Planning Board Meeting
February 24, 2009
Page 2 of 4
Action: Mr. Morton read the item into the record.
Mr. Youkilis advised the board that the Mobley Building was acquired by the SMCRA in
2001 and in 2007 the SMCRA Board decided to convert the warehouse into office space
for use by start-up businesses, community service agencies and public recreational uses.
The building is located in the LO Low - Intensity Office. The original building when built
in the 1980s only required seven spaces. However, the conversion to an office building
will require 26 parking spaces. A site plan was submitted that indicates that the site can
accommodate 21 spaces in the open area and two on- street spaces abutting the property for
a total of 23 spaces. The variance request for three (3) parking spaces will be required to
meet the new parking requirement. In order to provide the maximum number of parking
spaces on site and the required maneuvering /driveway width of 23 feet, it was necessary to
reduce the width of the required 5 foot perimeter landscape buffer in the parking lot. Mr.
Youkilis read the new criteria for approving variances by the City Commission and
Planning Board. Mr. Youkilis recommended approval of the two proposed variances.
Mr. Morton questioned why the resolution or the ordinance is not included in the package.
Mr. Youkilis replied that until board takes an action on the subject, that is when it is placed
in the package, but sometimes there are ordinances that are turned into the Department by
the City Attorney or a Commissioner and in those cases the ordinance is prepared in
advanced. However, it is important that the staff report covers everything that would go in
the ordinance.
Mr. Youkilis commented that the CRA Director Steven David has been working on the
project for over a year and is present to answer any questions.
Ms. Young questioned the second paragraph in relation to the 10,900 feet. Mr. Youkilis
replied that the land square footage is 10,000.
Mr. Cruz questioned why the air conditioning units were not placed on the roof, which
could have created more parking spaces. Mr. David replied that the architect is not present
at the moment and did due diligence to determine if the air conditioning could be moved.
The parking limitation was determined after the construction drawings were created.
Mr. Cruz questioned if the parking requirements were in effect while the building was
being designed. Mr. David replied yes, the parking requirements were in effect.
Mrs. Cabrera- Hernandez commented that she kept in close contact with the Building
Department regarding the item and provided further information to the board regarding the
parking area. She commented that the length of a parking space, required back up area and
the travel lane. Another feature that was taken into consideration was an existing tree that
explains why the island on the east corridor is wider than the minimum.
Mr. Cruz commented that he agrees with the project, but does not agree with setting a
precedent that allows any other business on that street to not meet the requirements. Mr.
David commented that CRA and the Planning Department have tried to figure out if there
could be additional spaces.
Planning Board Meeting
February 24, 2009
Page .1 of 4
Mr. Cruz questioned if the parking was based on the square footage of the building or the
use which would reduce the parking requirements. Mr. Youkilis replied that it is an over all
figure measured as a gross total.
Ms. Chael questioned what types of uses are anticipated by the CRA department. Mr.
David responded that there are three anticipated uses that have spoken by the CRA Board
in the past, but are going to be brought back with leases so that the Board can approve or
disapprove. Business incubator spaces have been discussed in the past and right now it is
set up for four or five start up businesses, public recreation use and community services
organizations.
Ms. Chael questioned the hour of operations for the business and if the city considered a
synergy between the parks and recreation for the parking. Mr. David replied from 8:00 am
till 5:00 pm. Mr. Youkilis commented that the building stands alone, therefore would have
to have its own parking and not use the community center directly behind the property
which is usually filled.
Mr. Cruz questioned if as in the downtown district could the city pay to have two or three
spaces. Mr. Youkilis replied that in the downtown you could contribute to the Hometown
Parking Fund, but it is only allowed in the downtown district.
Mrs. Young asked for clarification on criteria No.5, "The variance request will have
minimum impact on surrounding properties ". Mr. Youkilis responded that he used the
word minimal because there maybe additional traffic but it will not affect the surrounding
buildings.
Chairman opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Sharon McCain 7502 SW 58 Avenue Oppose
Ms. McCain complemented the chairman for his background check on the item. She
questioned that the item did not go to the Parking Board and that Board could have given a
recommendation. While being on the Parking Board, a complaint was made in regards to
the amount of vehicles parked in the gentleman's lot and he did not have enough space for
his establishment and the space is very tight and the Board did something to alleviate some
of his problems.
Ms. McCain questioned what public recreational uses meant. Mr. David responded that the
board was not specific on the detail and that is why it is going to be reviewed again.
Ms. McCain commented that most of the parking of the facility is going to be occupied by
the employees and recommended that the employees park in the community center or
anywhere adjacent from the hours of operation from 8 a.m. — 5 p.m. She then commented
that if there are parking spaces missing in the Hometown area it should be made city wide
Planning Board Meeting
February 24, 2009
Page 4 of 4
because it is not fair for certain people to have to purchase extra parking and others not pay
and get a variance.
Mr. Youkilis commented that a fee for the two spaces on the street parking would have to
be normally paid to the city, but since the city owns the property the City Commission
would have to discuss if they would charge the (CRA) for the spaces.
Chairman closed the public hearing.
Mr. Cruz questioned what would have to be done so that businesses in other parts of the
city could pay a parking fee in lieu of spaces. Mr. Youkilis replied that the Planning Board
would have to pass a separate motion that would be delivered to the City Commission to
inform and allow them to think about it.
Mr. Cruz commented that if it is approved all businesses down the street will be allowed to
not comply with the parking requirements and the buffer. Mr. Youkilis commented that
each building would be looked at differently by the Board. Mr. Cruz commented that if
another building comes up remotely similar to this situation it would not be that difficult
for the business owner to hire an attorney to sue the city for the difference.
Motion: Ms. Chael moved to approve the application as presented and Ms. Young
seconded.
Vote: 5 Ayes 1 Nays (Mr. Cruz)
X: \Comm Items\2009\3 -17 -09 \Excerpt PB Minutes02.24,09.doc
20 -5.9 SOUTH MIAMI LAND DEVELOPMENT CODE
(7) Off - street parking
(8) Open space
(9) Signs
(10) Landscaping
(H) All variance decisions shall be based on an affirmative finding as to each of the
following criterion:
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property that
distinguish it from other properties under similar zoning restrictions;
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
5. That the approval of the variance will be in consistent with the general intent and
purpose of the Land Development Code, and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
(Ord. No. 11 -90 -1451, 8- 21 -90; Ord. NO. 11 -08 -1946, § 1, 3- 18 -08; Ord. No. 20 -08 -1955, § 1,
6 -3 -08)
20 -5.10 Reserved.
Editor's note —Ord. No. 25 -08 -1960, § 1, adopted July 29, 2008, deleted § 20 -5.10 in its
entirety. Former § 20 -5.10 pertained to administrative waiver approvals and derived from Ord.
No. 15 -94 -1564, § 1, adopted Oct. 4, 1994; and Ord. No. 4 -95 -1577, § 1, adopted Apr. 4, 1995.
20 -5.11 Site plan review approvals.
(A) Applicability. Site plans shall not require a public hearing but shall be submitted for
review and approval by the environmental review and preservation board prior to the issuance
of a permit for:
(1) Any new building or other structure which is visible from any public or private street;
and
(2) Any material alterations to an existing building or other structure which is visible
from any public or private street.
Supp. No. 12 114
20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE
0
t
• trr �
�o
t
r
e
t
101_011 91-0.1
t
O
'O —CTJRB
n
�o
t
Lj
�. 91-0.4 1. 5'_ptt ..70t 0"i5' -0"
90 —
ONE: 23.
pA,7RAi,LEL PA.Ft2G2 N� THJiO LJGH TFL?+FFSC ONLY
MA.N ,E2T"tiER2NG AREA —
ONE WAY
ENTRANCE /EX1'T L.tR2VEWAYS
ONE WAY 3. 2 • — '3`Wd WAX 2 2'
Supp. No. 4 96.4
D SCA 1P -T N G .
F-i
st -0„i
22t_Ot�
22`_0" �St_0..
pA,7RAi,LEL PA.Ft2G2 N� THJiO LJGH TFL?+FFSC ONLY
MA.N ,E2T"tiER2NG AREA —
ONE WAY
ENTRANCE /EX1'T L.tR2VEWAYS
ONE WAY 3. 2 • — '3`Wd WAX 2 2'
Supp. No. 4 96.4
MIAMI DAILY BUSINESS REVIEW
Published Dairy excepl SwNW ,sunday end
Lepv"stI 4
Ml. .Miam4Dade Cw N. Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personalty appeared
V, PEREZ, who On oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review fWa Miami Review, A daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisemenp
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR APRIL 7, 2009
in the XXXX Coud,
was published in said newspaper in the issues of
03/27/2009
A16am further says that the said Miami Daily Business
Review is a newspaper Published at Miami in said WamikDade
County, Florida and that Ble said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at line post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
,Hashed copy of adwmisement and alien further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
Sworn to and ubscribed belor
27 day of MARCH A.D. 2009
(SEAL)
V. PEREZ personally known to me
„n••r,,;, Nntery Pub;ic $See of Rands
Y Cneryl M. McRPR
yr�eY'A Mi Lonmllasbn DD793400�
n,rR Expires 07/18012
or y
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given Chet the City Commission of the City ofS.th
Miami, Florida wal conduct Pub5c Headrgs, at its regular City
Commission meeting scheduled for Tuosd ey, April 7. ZOOS beginning at
7:3o p.m in the City Commission Chambers, 6130 Sunset Drive, to
consider the following ilems:
Readloac
AN OROINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 2 OF THE CITY'S CODE OF
___......... -n c. mcn en.nHATRATION AND CITY
ANDIOR HAVE SUED THE CITY AND HAVE
NED A SETTLEMENT OR JUDGMENT AGAINST THE
FROM SEEKING REEMPLOYMENT AT THE CITY,
IT AS OTHERWISE PROVIDED UNDER LAW:
tnNG FOR SEVERABILITY. ORDINANCES IN
AN ORDINANCE OF THE MAYOR KIND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA. VELATING TO THE
THE POSITION OF THE CITY MANAGER;
ANDECITY GOVERNMENT SECTION 24A. ENTITLED
'RESERVED; PROVIDING FOR AN ANNUAL PERFOR-
MANCE EVALUATION: PROVIDING FOR SEVERASRITY;
PROVIDING FOR ORDINANCES IN CONFLICT: AND
PROVIDINGAN EFFECTIVE DATE. .. ITY COMMISSION
AN OF THE MAYO R AD OF THE ORDINANCE CITY OF SOUTH MIAMI. FLORIDA, RELATING TO
V, WHICH ARTICLE SHALL BE ENTITLED CREATING 0T MAINTE-
NANCE AND ABANDONED PROPERTY:' OF CHAPTER 9g
ver envr•- Tn 'OFFENSES AND MISCELLANEOUS
AN
LOT
TO
TY IS
FOR
THAT
MORTGAGE HOLDERB IV nemto r en ..r•.. ,r.. •.••
VIOIATIONSICITA IONS TOUALL IN ERESTED PEIRSONS PROPER
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI
CATION. SEVERABIIITYAND AN EFFECTIVE DATE,
L2es01uNOn:
THE
ING SPACES In.. .......
• --
(2a) SPACES; AND A VARIANCE
FOOT LANDSCAPE BUFFER ZOC
GRAPHIC REQUIREMENT IN BE'
PROPERTY WITHIN AN -LO- LOW-]
DISTRICT LOCATED AT 5825 SW
MIAMI. FLORIDA; AND PROVIDIN
DATE.
OF
>A
OF
A
RK.
tEE
(5)
rHE
ON
JS
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CRY OF SOUTH MIAMI, RELATING TO AREQUEST
PURSUANT TO SECTION 20.3.4(8)(4x6) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO
LOCATE A GENERAL RESTAURANT LOCATED AT 62M
SUNSET DRIVE WITHIN THE - PUD-H• PLANNED UNIT
MIAMI HOSPITAL): AND PROVIOMG AN Ef ECITIVE(DATE.
Fin$3AIR4:
THE my OF SYOUTH MIAMI• FU
1ION AND APPWUSAL. R_
ALL interested parties arc invited to ,den, and wit ea heard.
Maria M. Menendes. CMC
City Clerk
Pursuant to Florida Statutes 206.0105. the City hereto advises the
public Nat it a person decides to appeal any decision made by Nls
Board, Agency or Commission with respect to any matter considered at
Its meeting w hearing, he or she coat need .'ecoul of the ensure ding .
and the, for such purpose, affected p Y need
verbatim record of um proceedings is made which record se,odes the
hown., end xi upon which the appeal a W be eased.
09.3.427112W311M
327
a
N
� LL
S Y
0 m
O v
N C
u- y
yO Or,
F �
U z
0
do
u
ad
ro
ro m
Z Or a
r 0
nc v m
`0 0
0 an
o• an
f
v Z
E o
Z ro N
= N
5�
d
"
3
c
a —
n
or
m
O
E
r
a�
A6
m
6
�9
O s
o _
f
h
'm
p
0 q
N
y
I
Q v
0 a
O m
U=
3w
0- Z
Air Force Reserve Airman
Christine Mondesir gradu-
ated from basic military Train-
ing at Lackland Ala Force
Base, San Antonio. She is a
2007 graduate of Dade Chris-
tian School.
Army Staff Sgt. Cedrick
Stewart was named non-
commissioned officer of the
quarter at Fort Carson, Colo.
Stewart is a battalion cl7emi-
NEIGHBORS IN UNIFORM
WWI M11 Mr s,,. ryl. .Sr
MONDFSIR GOMULEZ STEWART ACOSTA nNCOIN - GAElAPDO
School The sergeant's guard- of Miami -Dade County and is LacWand Air Force Haze, San
bans are Tommy and Dorothy a2008gmduateof Southridge Antonio. He is the son of
Smith of Florida City, High School Myriare Alvarez of Key
Largo.
cal, biological, radiation Bud
nuclear operations supervisor
assigned to headquarters
Amy Ismael Aliegue
recently graduated from basic
company. 43rd Sustainment
combat training at Fort SW,
Brigade at Fort Carson, He
Lawton, Okla. Allegue is the
received the honor after fm-
son of Irene Subic. of Miami -
Bun g first in live consecutive
Dade County.
selection boards. Stewart,
wholes servedin the military
Air Force Airman Oscar
for four years, is married to
Acosta graduated from basic
Tynshawnta Stewart of
military training at Lackland
Homestead and isa 1997 grad-
Air Force Base, San Antonio.
note of Homestead High
He is the son of Haul Acosta
Air Force Airman Calvin
Lincoln graduated from basic
military training at Lackland
Air Force Base, San Antonio.
He is the brother of Stacy
Leers of Miami -Dade County.
Air Force Airman Moises
Gallardo graduated from
basic military training at
CITY OF SOUTH MIAMI
COURTESY NOTICE
NoncE is Hearst, al en Nat Me City COmmiulon of Na Lily of SOON Man. Florida wra Waded NEld Heannps at to urvila
CRT eammiasloe me'snp .0omed for Tuesday, Asia 7, Sam ba9Wdng at 7:30 p.m. iP Ne eily Commissian Cxambers
6130 SUneat ofivc, to Wnsidx the mr,mro Nam'.
SsPmd.eeaNVe
µ0apM6VLEP8piNGiDAMFNOWGCWPFEP10F1BECfIYBmOEOFOPWWICFSERRES .7 ANW51RBBl almov PMed"NMFM:
6, µENO ,,M, Z.TBlllnfD •AOMsadarce mom THE 0RD 11 olxWIDA VnIRNxTOR iOWa'10.'G Mae
saveam,or, tOMi MAw q.,, m,,AT µOMB mill AS otherwise MN OWWRI0A5EtN1AFM OR AiDGNRT
AM ,dMIEnlY,excrome PCOM IOFTH CITY MrRSBAc3rsdard HIS war OF V mew.
' Ax DaoxavcEPnA7xGTO7rFVOSmpx oFTNEanNAxw,nEOMmpa+GTHE WOE DF Dawxavffswanra z'ADMwnTapnsx
AAn CIIT GRkMMEYCYCaW M.I.GTa£0'aE4lMD.'FaOeiOW ig1µM4P1ALMNCAM4M.E EVHllUWN
µ OPOW WCE Pm ona i0 ME UIYs WOE OF ord" un prim r, ARxn£ K %NIGH Pxi Blue Be BRmEO IOT
up ,mm,E Me0.44ypgAy MR Ml OF pavers 1s. ABLANNO TO'gRNSES AND ASOMEARM MOurpxa'; heard"
FOR FMS, VMWM W LOT vAMmAxOE MO A OEiHWWA00N OF anal sedF epedh:"RemG me NO1KE%10JSWS
rya
AN µWW. Norm REINTMG IO LOT MNNIdWKE 1y1F5: mOWDNO NRMOMY TO ENIEA Ma a r, 70 MAMExN LOT, F
PRWFAttISMOt BflnlINf NROCINRlWAEmO.OMNGfOaNRMOPnYiO Wi:PROVOOGaEWNEMFXFiNAi MORFGWENOIDFAS
i0PEf41FRWlMixE WY GNM'MNIOARSio E�V1PE Pa0Fm NOKEOFNOIAlIDt3SRnA1 [WSIONLNmd51ZOPFA9NS
nesafla�
CgaiEMUIION RL9TWGTOAN4NYT WRAV44WCEfMN SELT7H iO4A (01 mmF 1W00EK1AMBlr WOETONLOW FOPA
COMMEWSN&plOMaiO Wd%FaEMFREO PNWNGSPACES n1CM TMBll1 SO R67i01W (TFY1MMf R31SPALFS NAAYMWIt£
wOMAGINE FM ISl FW1 WtOSCS E ®FFF%ioNERECVaaFD BY7NE rMNiC PmNIFipEY7 x SECRONR6¢A:Nl CN iROFFFn
WIITIIN µ'Lo' LNY.MEt91Y OntE mF 061aICF IOGRD Ai SBLi SW 60^ SIAFEL SLUM M1U1L xOMOA
A PfSgNgN PfINNG TO A PFOOFSr m0.9JNn 70 SELIWN Ma916A<11D) OF R2 U4D OEYEIMMFM LODE r0a SFE[NL WE
plfliWUro LM'IEAGB1EALLaFAWW.Nf LOGIFD A76rm WN5ET MM1E IVIRON iNE -PN.N'F1MNF➢ LWIi OE1flnrMFNe-
xnartumxwGDamapWMNpwI xosrnw:ANDmwrolxyu+ETEECmz DATE
µOPD OeRNGTNEEVPWA710Nµ0A% MEALPFNIF21xR1a4EE07E %edAfENOMEMatO1K5WiN NWAIWNPRBIFNSNE
ftAN:iNEAMENOM[NRAMEIOmECDNS . oBkL7NE5.A40
uNO Eae uwxsryaramx: xmrsMC RFRASIINCNaF' CPoMOSEMAT M. RCORMAROR A-0 MM Ssaver MENea,fO(VPf
FinasmEM'Manu
airaiu7CMMroC ire, on,,t,CS
Fa 10Mer 11d0,matl W, dean conNn Me city Corr flake at jiO3) 663439 0.
AIL iMerted'iRRO are NVXedw aBeM an4will be Road. Maria MeMenender.CMC
CAR, disk
Air Force Airman Luis
Gonzalez recently graduated
from basic military Training at
Lackland Air Force Base, San
Antonio. He is the son of
Yusimi Hernandez and Luis
Gonzalez of Miami -Dade
County and a 2006 graduate
of South Miami Senior High
School.
• COMPLETE LAWN AND TREE SERVICES
•LICENSED &INSURED M /°:OFD
This Semce ;
•COMMERACII1ALLc^&RESIDENTIAL • ; ;':
FRANKS
LAtiVN SERVICE, >NC.
(3o5)2331-9369
FREE ESTIFATES
0
CITY OF SOUTH MIAMI
NOTICE OF CITY COMMISSION WORKSHOP
NOTICE is hereby given that the City Commission of the City
of South Miami, Florida will hold a workshop relating to the
negotiation of a permanent loan in an amount not to exceed
$1,00,000 to repay the bridge loan of $1.000,000 which
was utilized by the City for the Completion of certain road
Improvements and conspirchou of a public parking garage
located at S.W. 73- Street,
P "1 -tl M- h 30 2009 from
OD- 8'DOnm Inthe Ciy Commission Chambem ,locatedai
E 6130 Sunset Drive, South Miami.
i!1{
At interested parties are hwhadl to attend.
Maria M. Menendez, CMC
city Glen,
Ciy of South Miami
W
U
Z
W W
M W
v,� O ni W N M
O W t,y v o in w p;y n
Q n z W
O W 1 N O to
� (O N N W Z N.
W N O
�Hi W ^
z �z
O Q a H N� w
W~ U
E Zco a "° 3 0o w�� a
W t o W U M
\ m
Cit(�
�' J U� d t0 U Z U N
co
Ln 1 N Q H
1 ro Z
Z
z
O
co
6
)))())
\&3&
/.\)\
W\ J!
@%§\
W /!A
S #`J
% t
§4!
)/(
/)!
) �
! �
)i (
. \
, )
�
\
■
)
(
�
i
\!! /m
gA( }{
\� ,\E
\ G•R�
¢`
\) /
_ !
_l _:_ Y BUILDI G _
UNITY]
RE_
\&3&
/.\)\
W\ J!
@%§\
W /!A
S #`J
% t
§4!
)/(
/)!
) �
! �
)i (
. \
, )
�
\
■
)
(
�
i
\!! /m
gA( }{
\� ,\E
\ G•R�
¢`
\) /
_ !
_l _:_ Y BUILDI G _
UNITY]
RE_
4@556
!� )/
N q
|)\
§�
!�
!�
!ƒ
!d
;\
v :r!
so 0906
R��mR
m\ yi %$
/ \(}
,!
� \[
■
(�
�
e
%
:
§
/ R |2• qB
SOUTH MIAZI COMMUNITY
AGENCY - - - -
MIAMI DAILY BUSINESS REVIEW
Pubushod Dvy except SaNMay. SuMay nM
Legal Holidays
Maml. Mlaml Dad. County, Fbdda
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ. who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review We Miami Review, a daily (except Saturday. Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Fb.^ds; That the at'uchi copy of oavertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 3/17/2009
in the XXXX Court,
was published in said newspaper in the issues of
03/06/2009
Affiant further says Nat the said Miami Daily Business
Review is a newspaper published at Miami In said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami In said Miami-Dade County, Florida, for a
period of one year neat preceding The first publication of the
attached copy of advertisement, and aftant further says that he or
she has neither paid nor promised any person, Inn or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper. 4
Sworn to
M
(SEAL)
V. PEREZ personally known to me
A
7'A 170
LFIJARAL14E
:
EXF!FE5:1 �d�4, <rw�.=
.y..M1 Hrv.vn'IP.,.d`r.4+.- em.'len
-m
sours
o" 1
a
, "iaiv � �
� <oero
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that MO City Commission of the City of South
Miami, Florida will conduct-Public, Hearings at Its regular City
Commisslan meeting scheduled for Tuesday, March 17. 2009
beginning at 7:30 p.m, in the City Commission Chambers, 6130 Sunset
Drive, to consider Me following llems:
r Resolution:
A RESOLUTION OF THE MAYOR 4 CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST FOR A VARIANCE FROM SECTION 2D4.4 (B) OF
'THE LAND DEVELOPMENT CODE TO ALLOW FOR A
COMMERCIAL BUILDING TO REDUCE REQUIRED
PARKING SPACES FROM TWENTY SIX (26) TO TWENTY
THREE (23) SPACES; AND A VARIANCE WANING THE FIVE
(5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE
GRAPHIC REQUIREMENT IN SECTION 2D4.4: ALL ON J
PROPERTY WITHIN AN 'LO' LOW- INTENSItt OFFICE USE
DISTRICT LOCATED AT 5825 SW 6aTH STREET, SOUTH
MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE
DATE.
Second Reading;
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
AMENDING CHAPTER 2 OF THE CITY'S CODE OF
ORDINANCES ENTITLED ADMINISTRATION AND CITY
GOVERNMENT; BY AMENDING SECTION 2.7 ENTITLED
'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND
DUTIES'; TO INCLUDE SUBSECTION (E); PROHIBITING
FORMER EMPLOYEES THAT HAVE RECEIVED
SEVERANCE AND/OR HAVE SUED THE CITY AND HAVE
RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE
.CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY,
EXCEPT AS OTHERWISE PROVIDED--UNDER AAW:
PROVIDING FOR SEVERABILI Y, ORDINANCES IN
CONFLICT. AND AN EFFECTIVE DATE.
AN ORDIRANC'E OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE POSITION OF THE CITY MANAGER; AMENDING THE
CODE OF ORDINANCES CHAPTER Z 'ADMINISTRATION
AND CITY GOVERNMENT; SECTION 24.4, ENTITLED
'RESERVED; PROVIDING FOR AN ANNUAL
PERFORMANCE EVALUATION; PROVIDING FOR
SEVERABIUTY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY.COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE
IV, WHICH ARTICLE SHALL BE ENTITLED 'LOT
MAINTENANCE AND ABANDONED PROPERTY,' OF
CHAPTER 15, RELATING TO -OFFENSES AND MISCEL-
LANEOUS PROVISIONS'; PROVIDING FOR FINES,
STANDARDS FOR LOT MAINTENANCE AND A DETER.
' MINATION OF ABANDONED PROPERTY; PROVIDING FOR
NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING
TO LOT MAINTENANCE ISSUES: PROVIDING AUTHORITY
AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON
ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONSIC(TATiONS TO ALL INTERESTED PERSONS:
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI-
CATION, SEVERABILITYANDAN EFFECTIVE DATE.
ALL Interested parties are Invited to attend and will be heard
Mara M.Manendea,CMC
CltyCierk
Pursuant to Florida Statutes 286.0105, Me City hereby advises Me
public that t a person decides to appeal any decision made by This
Board, Agency or Commission with respect to any manor considered at
Rs meeting or hearing. he or she will need a record of The proceedings,
and That for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record Includes The
testimony and evidence uponwhich the appeal is to be based.
are 09- 3.671118638EM
IR
Miami's best skippers. No experience
necessary. Volunteers needed; l p.m..
Sunday; Shake -A -leg Miami, 2620 S.
Bayshore Dr., Coconut Grove; $1S,.
$10 members. 305 -858 -5550;
ext. 103 or shakeategmiami.org.
Walk With He Miami 2009: Three-
mile family fun walk tobe field on '
March 28. Easter Seats Walk With Me
unites thousands of people in a com-
mon cause to,provide help and hope.
for individuals and families living
with disabilities. Online registration
available; through March 22; Ponce
de Leon Circle Park; Palermo Street
and Seville Avenue, Coral Gables;
free. waikwithme.org /.
HEALTH AND FITNESS,
SPECIAL EVENTS
Adolescent Depression /Anxiety
Group: Open to kids 13 -17 who would
like to join support group aimed at
fostering coping skills to alleviate
and prevent feelings of anxiety and
depression; 4 -5 p.m. Wednesday;
(305) Music Lounge, 721 N. Lincoln
-TURN TO CALENDAR, 54
CITY OF SOUTH MIAML
COURTESY NOTICE
NOTICE IS.HEREBY given that the City Commission ofthe City of South Miami, Florida
Will conduct Public Hearings at Its regular City Commission meeting scheduled for
Tuesday, March 17, 2009 beginning at 7:30 ism, 16 the City Commission Chambers,
6130 Sunset Drive, to consider the following items:
Resolution•
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW
FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING
SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND
A VARIANCE WAIVING THE' FIVE'(5) FOOT LANDSCAPE BUFFER ZONE
REOVIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL
ON PROPERTY WITHIN AN "LO" LOW- INTENSITY OFFICE USE DISTRICT
LOCATED At 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA.
Second Reading:
AN ORDINANCE RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE
OF ORDINANCES ENTITLED ADMINISTRATION AND CRY GOVERNMENT;
BY AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE DEPARTMENT
FUNCTIONS AND DUFIES "; TO INCLUDE SUBSECTION (E); PROHIBITING
FORMER EMPLOYEESTHAT HAVE RECEIVED SEVERANCEAND /OR HAVE SUED
THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE
CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE
PROVIDED UNDER LAW.
AN ORDINANCE RELATING TO THE POSITION OF THE CITY MANAGER;
AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND
CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR
AN ANNUAL PERFORMANCE EVALUATION.
AN ORDINANCE RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING
ARTICLE N, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND
ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND
MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR
LOT MAINTENANCE AND A DETERMINATION' OF ABANDONED PROPERTY;
PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO
LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY
TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE;
PROVIDING FOR AUTHORITY TO UEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON.ANNUAL BASIS TO
ENSURE PROPER NOTICE OF VIOLATIONS /CFFATIONS TO ALL INTERESTED
PERSONS.
ALL interested parties are invited to attend andwill be heard.
Maria M. Menendet, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that B a person decides
to appeal any decision made by this Board, Agency or Commission with respebt to any matter
consid6redat Its meeting or hearing, he or she, wflumed a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings is
made winch record includes the testimony and evidence upon which the appeal is to be based.
�m
v
4 —
r
d
z
0
s
W..
x
E
a,
E '
x
r-
0
s
z
E
E.
b
V
A'
EE
L
N c.
l7
MIAMI DAILY BUSINESS REVIEW
Pubtshed OMY except stdref., 8undayaM
Legal HUideys
Maml, MieM-oade COUnry, ROMe
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review We Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami-Dade
County, Florida; that the starched copy of advertisement.
being a Legal Advertisement of Notice in the matter at
CITY OF SOUTH MIAMI
PUBLIC HEARING - APRIL 21, 2009
in the XXXX. Court,
was published in said newspaper in the issues of
0410!2009
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in told Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said MiambDade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Mlami�Dade County, Florida, fora
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant fuller says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper. /j
Sworn to a�ubscribbed /befor t"
10 dayof APRIL , A.D. 2009
_de_ Q
(SEAL)
V. PEREZ personally known to me
+• holary ROD Side of Neda
4
Cheryl H, Marmcr
y +� ®e My CamLssim007g3490
Expires 0]I1820f2
a`
I'M ,
x �
CITY OF. SOUTH MIAMI
NOTICE Of PUBLIC HEARING
NOTICE IS HER given that 0e City Commission of Pe City at South
Mimi, Florida will conduct Public Hearings, at its regular City
Commuchin meeting scheduled for Tucedey, Apr1121, Mine beginning
at 7:30 y,m., in (he City Commission "Chambers 6130 Sunset Drive, to
consider Pefollpyhn9b6ms
AN ORDINANCE OF-OIE MAYOR AND CRY COMMISSION
OF THE CRY OF SOUTH MIAMI, FLORIDA AMENDING
SOUTH MIAMI LAND, DEVELOPMENT CODE SECTION
20.2,3 IN ORDER TO PROVIDE A DEFINITION OFA MOBILE
PET GROOMING SERVICE AND AMENDING SECTION
2".3(D) ENTITLED 'PERMITTED USE SCHEDULE' IN S
ORDER TO ALLOW A MOBILE PET GROOMING SERVICE
AS A'P' PERMITTED USE IN ALL RESIDENTIAL ZONING
USE DISTRICTS; PROVIDING FOR SEYERAMUTY.
"ORDINANCES IN . CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
II5MO g2r:
ALL lnte meted pa miss are invited to attend and will be heats.
=Matta M. M.mmd.e, CMG
City Clark
f
4
i�
I
Pursuant to pence Statutes 286.0105. the City hereby advises Me
public that if a person decides to appeal any decision made by Pis
Based, Agency oT Commission wlm respect to any mane, considered at
he meetng o, hearing, he or she will need a record of he proceedngs.
and Pat for such purpose, affected person may need to ensure that a
verbathi record of the proceedings H .ado which retard Imoludes Pe
testimony and evide .. upon which the appeal is to be based.
4/10 09- 3- 143I1211128M
_ V
a_ N
LL
� Y
7 m
O o
N �
LL y
}O N
V 2
0
N
m as c
Id ma O
d
n o '—
>O N N
U Q rn o
Ca o
M 4)
AD per
W an
o
air
M
N m D1
EE_
N
car Z
n 6
E 0 F
7 L
Z m m O
p N N O
Q c y U
R.
3
i
E
r
E
E
h
W d
fD a
T.�ylF N
P � c
t4 O
Q o
n
W
(tea L W
C� a
NEIGHBORS CALENDAR
Biitmore Hotel, 1200 Anastasia Ave.,
Coral Gabler, free, reservation
required. 305- 445 -8066 or latie.
a.com /smallbusiness.
CLUBS /MEETINGS
Duplicate Bridge: 12:30 p.m. Monday
and Thursday; Marione and Williem
McDonald Center, 1701114E 19th Ave,
North Miami B ^- ach;S3.
305 - 931-2286.
Data, Club of Miami Business Nap
working:Mem I.O wGreal.nd
Panthers. Hosted by Great Club of
Miami and FIU Alumni Association;
6 -is .m. TTUrsday; Four Seasons
Hot in and Tower, 1441 mckell Ave..
Mlomc$6 -RO, Tree fart ou we
members. 305- 866.6047 or.Iami-
gatmrcom.
Optimist Club of North Bay Village:
Dimlermeeling, Prospective mem-
bers welcome. Meet s at vmkwr res-
tAuAma.6:30Pm. WednrVUw$a-
815305- 758$166.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY 8. on In., no Oir Commission of lbe City of South Miami, Fo ida writ conduct Fuld. Hearings
at as regular City Commorko mewling acneOWM be Tereday.= 21, RW9 Pa"Nng .17:30 In'. In Be Guy
Coeres" aChambers, 6130 Sunset Drv, la conNde,lM follow, hams:
famaadB°°d^a,
AN ORDINANCE RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES
ENTITLED ADMINISTRATION AND CITY GOVERNMENT, BY AMENDING SECTION 2d ENTITLED
'ADMIMSTW4 DEPARTMENT FUNCTIONS AND DUTIES'; TO INCLUDE SUBSECTION di;
PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND/OR HAVE SUES
THE CITY AND HAVE RECEIVED ASETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SHARING
RE-EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER IAW.
AN ORDINANCE REIATNG TO THE POSTION OF THE CITY MANAGER: AMENDING THE CODE OF
ORDINANCES CHAPTER 2, ' ADMINISTRTION AND CITY GOVERNMENN SECTION 2414, ENtTR.ED
- RESIGVEO; PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION.
AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20 2.31N ORDER TO
PROVIDE A DERNIO OM
ON OF A MOBILE PET CROWING SERAM AND AMENDING SECTION 203.3ge
ENnrl£D 'PERMITTED USE SCHEDULE' IN ORDER TO ALLOW A MOBILE PET GROOMING SERJICE
AS A'P' PVV V FTED USE IN ALL RESIDEN IALZONING USE DISTRICTS.
H aBMw
A RESOLUTION REtATNG TO A REQUEST FOR A VARIANCE FROM SECTION 204A do OF THE
LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED
GROUND SPACES FROM TVENrY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE
WAIVING THE FIVE (5) FODT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REWmEMENi
IN SECTION 20 AA ALL ON PROPERTY WITHIN AN 'LO' LOW - INTENSITY OFFICE USE DISTRICT
LOCATED AT 5625 SW 6STM STREET, SOUTH MIAMI, FLORIDA
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION an add) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SHE TO BE 7,02 SQUARE FEET
WHERE A MINIMUM LOT SIZE OF 7,500 SQUARE FEET IS REQUIRED AND so FEET OF FRONTAGE
WHERE 75 FEET IS REWIRED, ON PROPERTY LOCATED AT 76x1 SW 62 AVENUE, MUTH MIAMI,
FLORIDA WIMIN THE -RO' RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE
VAALANCE IS TO PERMIT THE CONSTRUCTION OFAONE STONE OFFICE BUILDING,
B.dAwmos
AN ORDNA ,E AWPRNG THE EVALUATION AND APPRWS L REPORT (FA9) BASED TEXT AMENDMEIT3
TO THE SCUM MIAMI COMPREHENSIVE RAN: THE AMENDMENTS ARE TO ME GOALS, OBJECTIVES,
AND POUCIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENT$: FUTURE UAD USE
TRANSPORTATION; HOUSING: INRRMfpUCNRE; CONSERVATON; RECREATION AND OPEN SPACE
IMERGOVERNMEM COORDINATION: AND CAPITAL IMPROVEMENTS.
For lmmm IPGom R1 pieom wndH er Car move Oln.e al (309 Hoy Aa40.
ALL trite Yod panee we Nutted to at--no wm be new's
Movie M. Mader es. CMC
city Ciark
Fwaws sa Ralen sal,4e¢ zea.oles, Ine eM moW w✓a3IM G•N¢ Ins n. Palm aakm Io aefeA ay owso� max I y INS ewm.
brove . 4seMM1rtsyv'. IOUrymNwwnSXkMmXSm .N'mpwManrp.MVMenAr EvrevOdlMlxoaadags . aM Wn
vw Wm'»e.Mev1�HN,r i'wvaloerswelagaM.'rMlFnrtavE Ol Pa Pm ^NVEmntlevNtl,rttoml,M,belhlaf+,my
m,0evkkm War WV'tA1Me1R¢Bi¢IObe Gssof.
r I' 1 Ll
etdth Resource facder • BapYldMelOml Ans Building
ndging Discussion Group. Provides education and
reast-feeding mothers before and after delivery.
15,10.11:30 a.m.
Buddies Breast Cancer Support Group.
Thum., April 16,7-8:30 p.m.
Resolve. For Those Experiencing Infertility. Mon., April 20,
7 -9 p.m.
The ParlsOptimists. Support group for those with Patklns al's
disease. Fri., May 8, 7 -8 p.m.
Baptist Hospital • 8900 North Kendall Drive • 786.596.3895
AI-Anon Get It Together. Support group for families and hi ends
of people who have drinking problems. Saturdays , 7309:30 p.m.
Wome.Reart Support Group. Support group for women
living with heart disease. Meets monthly at Baptist Cardiac &
Vascular Institute, 68 p.m., 2nd floor, Cardiac Rehabilitation,
Call 786. 596 -6564 for more Information.
South Miuni Xosprtd • US,1 and SW 62 Avenue
7866963895
Alcoholics Anonymous. Support group for alcoholics.
Wednesdays, 8:30 p.m., Victor E. Clarke Education Center
(da55room varies).
Narcotics Anonymous. Support group for people addicted to
drugs. Saturdays, 7:30 p.m., and Sundays, 930 a.m., Victor E.
Clarke Education Center (classroom varies).
Overeaters Anonymous. Sundays, 7:308:30 p.m., Victor E.
Clarke Education Center, Classroom C.
Living With Prostate Cancer Support Group. Support
group for men diagnosed with prostate sneer and their family
members. Thos„ April 14, 7.8 p.m., Victor E. Clarke Education
Centex Classroom F.
Bariatric Support Group. Thurs., April 23,7-9 p.m., Victor
E. Clarke Education Center, Auditorium.
Baptist Medical plaza at Daral • 9915 NW 4) Street, Suite 211)
7863963895
Breast - feeding Discussion Group. Provides education and
support for breast -feeding mothers before and after delivery.
Wed., April 22, 9:30 -11 a.m., Suite 210.
Doctors Hospital -500D University Drive • 7863963895
Women's Cancer Support Group. Support group for women
with gynecological cancers. Tues., April 21, 5-6:30 p.m., small
coherence room, 2nd 9oor.
Homestead Hospital • Campbell Drive )SW 312 Street) and
5W 147 Avenue • 7865963895
Year Bosom Buddies Breast Cancer Support Group.
Tues., April 14,7-830 p.m., Auditorium.
Lupus Support Group. Support group for people with lupus
and their families and friends. Wed., April 15, 7.8:30 p.m.,
Auditorium 1.
Creole Cancer Support. Support group for people with all
types of Cancer and thew friends and families. Thurs., Apr lI 23,
68:30 p.m., Lime Room.
Adult Diabetes Support Group. Tues., May 5, 67 p.m,
Audilndrnun 2.
Al-Anon. Support group for families and friends of people who
have drinking problems. Wednesdays, 7 -9 p.m., Auditorium 2.
Baptist Health
South Florida
Support groups are tree and do not require registration.
va
i
E
E