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Ord. No. 11-87-1283-B* -i*4 ORDINANCE NO.}}-Rl--\?P,?.3 AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA, TRANTING FOUR (4)VARIANCES TO ST.JOHN'S A.M.E. CHURCH SAID VARIANCES BEING TO ALLOW A CHURCH ON ALOT'SIZE OF 1.13 ACRES WHERE 2 ACRES IS RFOUIRED'TO ALLOW 82 PARKING SPACES WHERE 10 6 AREREQUIRED-TO ALLOW A 20'FRONT SETBACK WHERE 25'ISrIqUIrI";AND TO ALLOW A 16'REAR SETBACK WHERE A 20'SETBACK IS REQUIRED ON PROPERTY LEGALLY DESCRIBED AS: Lot 40,less the N.10',and Lots 41-46,of Block 1,Lots 32 and 33 of Block 5,and Lot 54 of Block 6,of FRANKLIN SUBDIVISION,as recorded in Plat Book 5,Page 34 of the Public Records of Dade County,Florida,a/k/a 6461 S.W.59th Place,South Miami,Florida. Planning Board Agenda Item No.87-009. WHEREAS,on May 26,1987,the Planning Board of South Miami,Florida,recommended approval of four variances for St. John'sA.M.E.Church;and WHEREAS,the Director of the Department of Building, Zoning and Community Development has recommended approval of all requests by the applicant. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That the following variances for the St. John's A.M.E.Church be and the same are hereby granted: 1.Variance to allow a lot size of 1.13 acres where 2 acres is required; 2.Variance to allow a church with 82 parking spaces where 106are required; 3 Variance to allow 20 foot front setback where 25 foot is required,for that area on plans submitted by the applicant dated May 22,1987 on file with the City; 4.Variance to allow 16 foot rear setback where 20 foot is required,for that area on plans submitted by the applicant dated May 22,1987 on file with the City. said property being legally described as: Lot 40,less theNorth 10 ft.andLots 41, 42,43,44,45and 46,Block 7;andLots 32 and33Block 5;andLot 34,Block 6,all located in Franklin Subdivision,Plat Book 5, Page 34 ofthe Public Records of Dade County, Florida. *• Section 2.That this Ordinance shall take effect immediately atthe time of its passage. PASSED AND ADOPTED this 1st daY of September /1987 ATTEST: l-oM^I fysMto, Y CLERK READ AND APPROVED ASTOFORM: irmv Amrnr»t>XTT?V O 'CITY ATTORNEY PASSED ON1st READING:8/4/87 PASSED ON 2nd READING:9/01/87 OCSM62-1 APPROVED: HENRY FLOWERS Chr.Steward Board Wm.Montgomery Chr.Trustee Board Rosa Turner Church Secretary Rubystine Anderson Assit.Secretary May 22,1987 'LOVE MAKES THE DIFFERENCE ST.JOHNS A.M.E.CHURCH 6461 S.W.59th Place South Miami,Florida 33143 Phone:667-9985 (.~* Rev.CE Standlfer,Pastor Marien Aran-Spinrad Director/Building,Zoning and Community Develooment City ofSouthMiami,Florida Re:RezoningofpropertyforSt.John A.M.E.Church 6461 S.W.59 Place,SouthMiami,FT, Dear Marien Aran-Spinrad: We hereby submit to you our application for zoning relief on the property located at and adjacent to the above address.In keeping with the spirit of this aDDlication, we would like to state the following reasons for our case: 1)Lot size:As you know,the chuch has entered agreement with Dade County HUD to purchase additional property to the west of our existing church.We are purchasing the entire tract in order to satisfy as much of the parking requirement as possible.The"-vacant property of the site is too expensive for us to purchase.The 1.13 acres is all the church needs at this timeto satisfy its functional requirement. 2)Parking variance:Since the church is primarily a neighborhood church,we do not anticipate ever using more than 50 spaces for even above average attendance. Mostmembersofthe congregation walktoservices.It would bea severe financial hardship to the church to meet the zoned parking requirements,and the empty parking lot would be a waste of valuable neighborhood space andan eyesore tothe community. 3)We are asking for a reduced setback in the front of the church forthe following reasons: *j>: HENRY FLOWERS Chr.Steward Board Wm.Montgomery Chr.Trustee Board Rosa Turner Church Secretary Rubystine Anderson Assit.Secretary May 22,1987 Page 2 'LOVE MAKES THE DIFFERENCE" ST.JOHNS A.M.E.CHURCH 6461 S.W.59th Place South Miami,Florida 33143 Phone:667-9985 Rev.CE.Standifer,Pastor A)Our building depth is as small as wecan func tionally afford to make it. B>We prefer to move the church forward,rather than toward the residence in the rear.~~~ C)The location ofthe church onthe site is inflex ible with regard to all of the other requirements we have. D)Most of the commercial and residential buildings in the neighborhood have much smaller setbacks than the 20 feet we are asking for. 4.Variance to allow a 16 foot rear setback where 20 footsetbackis required. We appreciate the cooperation you and the City have shown to us thus far in our efforts and look forward to the successful conclusion of this matter. Sincerely yours, .c.L Rev.CE.Standifer,Pastor St.John A.M.E.Church j4GB33B*± Marden AranV9pinra<Director -mjilldlni Zoring &Community development from:Adcllfo D.[Lbpez Ten porary/planner ^^L GENERAL DATA Applicant: Represented by: Location: Legal Description: Requests: BACKGROUND City of South Miami INTER-OFFICE MEMORANDUM DATE:May 21,1987 subject:Staff Report on Public Hearing PB-87-009 St.John's A.M.E.Church Rev.C.E.Standifer 6461 S.W.59 Place,South Miami,Florida 33143 Lot 40,less the North 10 ft.and Lots 41,42,43, 44,45 and 46,Block 7;and Lots 32 and 33 Block 5; and Lot 34,Block 6,all located in Frankling Sub division,Plat Book 5,Page 34 of the Public Records ofDadeCounty,Florida. 1.Variance to allow a lot size of 1.13 acres where a2acrelot is required. 2.Variance to allow a church with 82 parking spaces where106are required. .3.Variancetoallowa20footfrontsetbackwhere 25 foot setbackis required. 4.Variancetoallowa16 foot rearsetbackwhere 20 foot rear setback is required. 1.On February 1,1983,the Environmental Review and Preservation Board (ERPB) reviewed an application from St.John's A.M.E.Church for preliminary re view of anew building and parking lot. It was stated by the Planning Director that the building was subject to several zoning approvals which included a rezoning and three variances. There is an existing one-story frame chruch on the site that was to be demolished when the new church was built. •.-V...'..:; Marien Aran-Spinrad -2-May 21,1987 Staff Report -PB-87-009 Thereweretwomain concerns oftheERPBatthatmeeting:one,whether theexistingbuildingwouldqualifyornotforhistoricpreservation; two,the saving and relocation ofan existing ficustreeandoak tree. Bya4-0vote,thefollowingmotionwasapproved: "by Mr.Hochstim,seconded by Mr.Borrelli,to approve the preliminary designofthebuildingwithreservationsabouttheexistingone-story churchtobeconsideredasapossiblehistoricmonumentbythisBoard, andinvestigatetheoptionsavailabletomoving it,storingorrefur bishingit;andtherelocationofthe ficus,oakandpoinciana trees." ERPB Minutes,page4 2/1/83. 2.UnderResolutionNo.R-78-83dated2-1-83,theDadeCountyBoardof Commissioners accepted theproposalof St.John's A.M.E.Church,Inc. forthe purchase and redevelopment ofthe property subject ofthis Staff Report.(Attached).Onthat date,the then County Managersub mittedamemorandumtotheCountyCommissionersrecommendingacceptance oftheabove mentioned proposal. Therecommendationexplicitlystatedtheuseofthesiteforexpansion ofa neighborhood church. TheproposalwaspositivelyrecommendedbytheSouthMiamiPlanning Department,theSouthMiami Community Development TaskForceandtheHUD Advisory Board.(Attached). 3.On March 8,1983,the Planning Board heard simultaneously two hearings: #83-15 CityCommission for'St.John'sA.M.E.Churchrequestingto a-oend theFuture LandUsedesignationof6501S.W.59Placeand 6456,6470and6484-86 S.W.59 Court,fromLowDensity Residential to Public/Semi Public Use. #83-2 St.John's A.M.E.Church requesting variance to allow alot size of 1.13 acreswhere2acresisnormally required;variance toallowachurchwith 84 parking spaces where 134 are normally required;variance to allow 20 feet front setback where 25 faet is normally required and Special Use Permit to allow a church subject to the plans as approved. At that time,staff recommended approval of request #83-15 asit was "in compliance with the goals and policies of the South Miami Comprehensive Plan and has been approved by the South Miami Community Development Board." Staff also recommended approval of Hearing //83-2. Marien Aran-Spinrad -3-May 21,1987 Staff Report -PB-87-009 A motion was made to approve both requests.The motion was passed 4/0 withtheabstainedvotesofRev.Standifer andMr.LeePerryfor conflict of interest. See Planning Board minutes,pages 1-2 of March 8,1983.(Attached). 4.By Ordinance No.10-83-1170,the City of South Miami adopted the proposals of St.John's A.M.E.Church regarding the land use,variances and Special Use Permit as requested to the Planning Board. 5.By Resolution No.73-83-5053,the City of South Miami extended the effec tiveness of Ordinance No.10-83-1170 from October 5,1983 to October 5,1984, 6.By Resolution No.66-84-6020A,the City of South Miami extended the effec tiveness of Ordinance No.10-83-1170 through October 5,1985.After this date,the variances were not requested for renewal by the Applicant,there fore this variance lapsed and became null and void according to Section 13-4oftheZoningOrdinancereads: "Lapse of Variance A granted variance shall lapse after the expiration of six (6)months ifno substantial construction or change ofusehastakenplacein accordance with the plans for which such variance has been granted, or if the Council does not specify some longer period for good cause shown and the provisions of these regulations shall thereafter govern extensions of variances may be granted by the Council upon proper and timely request." The City Attorney has researched this specific variance and concurs that the reapplication process is required at this time. •?On April 77,1987,Rev.Standifer approached the Planning Department re questing <n application to appear before the Environmental Review and Preservation Board,in order to obtain approval of a church building design to be located at 6461 S.W.59 Place. Uponfurtherresearch,Stafffound that: a.The variances granted by the City Commission had lapsed. b.Thechurchdesignhasbeen changed. c.The change of zoning and the Special Use Permit do not lapse. d.Rev.Standifer's proposal for the church is different than theone approvedbytheCity In 1983. e.In order to get approval for this proposal,St.John's A.M.E.Church (Rev.Standifer)must apply for four (4)variances,as stated at thebeginningof this StaffReport. *.-' -MarienAran-Spinrad Staff Report -PB-87-009 -4-May 21,1987 ANALYSIS 1.Staff sees the need of this request as a result of the failure,by the Applicant,to request an extension of the variances that were granted in 1983. 2.With the change In the design,another variance (for rear setback)is nowalsorequired. 3.The general conditions of 1983 with respect to the Comprehensive Plan requirements for this area,the character of the neighborhood,the suit ability of land uses and the direction of building development are basically the same. 4o The site has an irregular shape and is composed of several lots.Lots 42 through 48,Block 7,and Lots 33 and 34,Block 5 are located in the C-l district (Neighborhood Commercial).The parking,Sanctuary,Choir andAltarsectionsofthe Church are located inthis district.This portion ofthe project complies with zoning regulations except for the front setback (20'proposed where 25'required)and the number of parking spaces (82 proposed where 106 are required).These are variance requests #2and#3. 5.The remaining portion of this project's site (Lot 34,Block 6),although adjacent to the other lots,is located in the RM -18 District (Low Density Multi-Family Residential).This portion of the project contains other facilities of the church such as classrooms,overflow seating, offices,toilets,and service areas.Zoning regulations for this part of the Church are met except the rear setback (16'proposed where 20' required).This is variance request #4. 6.The use as church is permitted in both C-l and RM-8 Districts if a Special Use Permit has been .granted by the City of South Miami.Such a permit was granted by Ordinance No.10-83-1170.This project complies with all the Special Use Requirements except total site area (1.13 acres proposed where 2 acres are required).This is variance request #1. Variance to allow alotsizeof1.13acre Based on the lack of available land and the size of the church (including seating capacity and parking),staff finds that 1.13 acres is sufficient land area to develop the proposed project.The requirement of 2.0 acres would create a hardship on the Applicant.The area does have a number of small neighborhood churches that have been active over 40 years.(See attached map). Variance to allow a church with 82 parking spaces where 106 are normally required. The Applicant has stated that most of the members walk to church services and that the seating capacity of 318 is programmed to be reached in the . :•'-•''''-''.'"'.""•;•''';'!:^*;"''.w'-'•;.V •'•'•\v .,;:--i .••:.;'.'-,-Wv. 'Marien Aran-Spinrad Staff Report -PB-87-009 -5-May 21,1987 future.Nevertheless,the 82 proposed parking spaces will still be more than sufficient to cover the parking needs of the members.Again, the request by the City of 106 parking spaces would create a hardship based on the lack of available land and the character of the pedestrian- oriented church membership. Variance toallowa20 foot front setback where 25 foot front setback is required. Past Staff recommended approval of this variance based on that itis neces sary to "keep the existing church operating while the new church is under construction.Indeed,the location of the new church was entirely dictated by the location of the existing church." Staffbelievesthatanother architectural solution canbe found witha 25 foot front setback.However,if the proposed design satisfies the needs of St.John's A.M.E.Church,then the 20 foot front setback variance wouldberequired. Variancetoallowa16footrear setback where20footrearsetbackis required. As mentioned in the preceding paragraph,the request of this variance is also due to the fact that the proposed design seems to be the one that satisfies the space needs for St.John's A.M.E.Church.If a change in the architectural design (diminishing the area to have 20 foot rear set back)creates a hardship on the use of the building,then the variance is needed. RECOMMENDATION As stated previously in this Report,Staff sees the need of this request as a result of the failure l>y the Applicant to apply in a timely manner request ing an extension of time for the variances that were granted in 1983. Also,the general conditions of 1983 with respect to the Comprehensive Plan requirements for this area,the character of the neighborhood,the suitability of land and uses and the direction of building developments are basically the same, Staff recommends the following for the Planning Board consideration: 1.Approval of a variance to allow a 1.13 acre site where 2.0 acres are required. 2.Approval of a variance to allow 82 parking spaces where 106 are normally required. 3.Approval of a variance to allow 20 foot front setback where 25 foot front setback is required,provided a change in the architectural design would create a hardship on the Applicant. ••>-*•••' •'•*'•*».-"•"v>.,"•.***' Marien Aran-Spinrad -6-May 21,1987 StaffReport-PB-87-009 4.Approval ofavarianceto allow 16footrearsetbackwhere20footrear setback is required,provided a change in the architectural design would createa hardship ontheApplicant. 5.That special attention be given to the landscaping plan,with emphasis to (if feasible)preserve the existing trees. ADL:db >o \t 3w o-*'>r £,w -^T/O « ttF i i -jjj ,i ,£-*'c*. 3 ,»n _»*>- n TO*?>tt? -^w c rV //KNlVt'HZ 3 AROE W. !V4, v<£; v»>«*$-4z f?4C? •-'» r ——....., r.v \s 't or i \ ••/•*< W/.ks \-\I-i 'r S T nw i>j^ j-ir.s •>.. A Church o4 God k*v Froj.'h-:r/ Bet p t«?t~"'€vK:cnj^h—: C Ait.is/ebe Bo-p^'s^ Church -• V 1 ,v IWV5 (TB« h ^ ..4'"'. S i &6 5rf-T-7 /.>•'r:Vf//7 ••«•-'...j C-3. J j'H'K^Mi. :.Z7W2 L.tf^6$*?,?£!j***^:*CM v-,-.. W m*i ;•/I" APPLICANT:Rev.C.E.Standifer OWNER:St*John's AME Church/Dade County M7-P REFERENCE:6461 S.W.59 Place COMMENTS:SeeattachedNoticeofHearing CITY oc SOUTH MIAMI-PLAMWIHG &0&RD Compass Scale.1V.T.«*!.. Date..5Ti?T!?.... Drn..-....Chk Hearing No.?9-$7-009 UBLIC SERVICE OEPARTMEN-T THE CITY OF <^5oi4th <JVilami 6130 SUNSET DRIVE,SOUTH MIAMI,FLORIDA 331*3 20NI NG PETITION Property Description,Location and Legal: Request:The Owners of the above property have made the following request: ..Congregation members Petition:We,the undersigned property owners,are within 30Cc=££et of the above property.We understand and approve the above request. NAME h^c-4<H<£-'_-jcyte vo*S££XX V^ MiJJiwn'...[_"_"[\.&/?/ri_ \\Qk\jj_LAU< dat;e ^//^>7. ADDRESS jy/4.JT^jktfSf.r 18/rz £stt>s,h ^rj e^-,y 4"f_<££-J>>S~f £/• \\<^\l£^k f^A^.ud?"^§^ue_> I.$g>&& (continued on page 2) -U5<30 js^us-^q PJcrC Page 1 ZONING PETITION (continued) Petition:We,the undersigned property owners,are within 300 feet of the above property.We understand and approve the above request. NAME 'Ml. ZfiMr & W&fs^*^???- -'^hT^Aj jtf&^s&ZM?. 'MX* -37 -&4te**ii&/- AMthJ. ADDRESS 6*3?sij \?9/>?.**•?_ .4^^.<$.&.j&Z f/i mr^is/j . fij&t.*$*?jyj/s*??. £?/?.*&?-A#9t- t¥4£:/'«J'6'%&* \G£34.?(<;.£%97- Page 2 mk:i!ti:s Regular f-:iu»tinn of t....-1'iannint?U^ird Hold,pursuant t.>due nor it...-in Commissi <,ti Chambers S-Mth Miami,Florida Tuesday,May 26,1987 nam Presiding:Richard Prentiss,Chairman Secretary:Doris Bonilla A'Pied^fn!naS.Called t0 °rdCr at 7s33 p'm-and was Gloved by thePl-'dge of Allegiance to the flag of the United States of America. B.Present (constituting a quorum) John Andrews ThomasCooper Bruce Hoffmann Susan Kraich Larry Ligammare Robert Myers Richard Prentiss In attendance:John Dellagloria,City Attorney;Marien Aran-Spinrad, Director of Building,Zoning &Community Development; Danilo Lopez,Temporary Planner;and David Henderson. Planning Technician. C.Introduction of new members and staff The new Director of Building,Zoning and Conauunitv Development,Marien Aran-Spinrad,was introduced to Llie Board members.* D.PublicHearingNo.87-OOQ Applicant:St.John's A.M.E.Church Requests:1.Variance to allow a lot size of 1.13 acres where a2 acre lot is required. *•*\ 2*Variance to allow a church with 82 parking spaces where 106 are required. 3*Variance to allow a 20 foot front setback where a 25 foot setback is required. *•Variance to allow a 16 foot rear setback where s- 20 foot setback is required., Legal Description:Lot 40,less the North 10 ft.and Lots 41,42,43, 44,45 and 46,Block 7;and Lots 32 and 33 Block 5; and Lot 34,Block 6,all located in Franklin Sub-' division,PB 5/34 of the Public Records of Dade County,Florida. Location:6461 S.W.5<J Place,South Miami,Florida 33143 Planning Board Minutes May 26,1987 sX^rrthr'Board I?"''^''"::'t"""lW ,lrlck«1J A~.Church.He satethat Tn *Z?V?J'V**'Srand"*r nnd theandtheCommissiontooh.,\J •A|,p\um,t ""*'before the B°*rdagainexce™variance #4 It-,war,",,ce»th"t "'"be-">*requested The City .ranted th-„V "aS UOt part of t,,e past application.Miami cLprchenfive%iZ t"^'8 "?''*',°-83-II7('*"d Ranged the Southstructed?r»;the fuLrav^K'"a r?°C«T\™""**be con- the costof construction T.,f\*hey red"COd £he size to reducestructionhadnobeenJniJate",''T*'«™,l°VXplWd bec»<^con-Is Baking a new request and S inftlme'^"efore,the Applicantsnewrequestandaskingforscra.,what less than before. orthe^irdlhurch^an^1^^"&Ass°clate«"—»*•*a renderingshowedthesetbackstn/Jj 11™Pl™f°r 8»500 SQ-ua"feet «M*h building with a 231 t '°n8,•.'"*Church WiU be a onc "oryidentica8!to the originll pla6,1:'6'^la"dSCape Plan ls I"--"/ The Chairman asked the Board member.,if they had any questions. "igSfl'^u.""^,^'^°ir bulldi"«aS c°™»«*d "»'hesetbackvilli<l,,?tlK'••",Jltl«'«>l variance for the rearactual^smaller th^T'th t-l"'K '""«»""•««b""d">8 but isthouehtit™.m "hC orlfilnal <™"hereas Mr.Hoffmann had that'the varJance^L1,;tl',^^^addreSScd the B-rd to sayapplicationTh»**?"H va'prubably overlooked in the first "footprint"'howeverCMr r'8 "*f'7M t0 tbe Pla"aS bein*the •—almost til «^rff^1,f'"«™"b*«*"«"<•as occupyingweIooc^ge but wirh a different configuration. soi/testtog etc Thfvan "8 "?"the eXp0"SeS °f the land.I«i»t.,"for $30o!wo'and^ach lurthlr Eft8*"011'T"6 tC °btaln "nan<*ngchurchisintendedtol?Jt increased up to $450,000.This *or the younrPt^et0anSdTduac:taoCnrsnpacye.ChUrCh ^faC"itleS cI;ncy°forthea8S2eparkia Parkln8 "^had b"n do™aM°the •»«!-engineer had beenhlred^n*^^Mr'.CoU responded <*at «°Parking sufficient and that had not S T^"*S"ff had tbou«ht *«wa*™ost of the members wn 'J*""***^Stfndlfer explained that will be used so that 82 woulrf k '""V^h°pe that 35 t0 50 «*«*»then questioned tho J-t .^,W>re than enough-Mr-HoffmannstatedthatpresentS"•?"U |,roJectcd «-»cr*lp.Rev.Standifer was approximately 3ish P ""J!aPPloximately 150.The projectionspaces'were not Lk ng ad0^:?,h"archlte^8 "«ed the parting increase the number of 1™l*„a"y COn,pact spaces whlch «««"spaces should be adequate atS;h 'SCandl5"stat«d "*at the 82ship.adequate at the present and for the projected member- Planning Board Minutes •-3 -May27,1987 Mr.Hoffmann questioned if there was another architectural solution to have a 25 foot setback instead of »:he 20 foot -ethack requiring a variance.He also inquired if then-wa«any way of shifting the entire building to eliminate the front and rear i>.?rbacfcs.The archi tect responded that it sits nicer on the site,and the sanctuary is a given width.To make it any narrower at this p-int would be a problem for them.Mr.Hoffmann questioned th.il this would fall under the category of a "hardship,"Rev.StJimifer responded that this is the same piece of property and the plans are.almost the same that the variances were given previously. The Chairman clarified that the previous variances have expired and therefore this is a new hearing.The Board should therefore be shown why these variances should be granted at this time. Mr.Stuart Cohen of the architectural firm stated that the church could be narrower,but it would not be an efficient church.The architects worked from the previous material with a minimum amount of changes for the client s benefit,and they were not the original architects. There was considerable discussion as to whether or not a "hardship" exists which necessitates all of these variances.Alan Gold stated that in his opinion a hardship was created by the size of the property's configuration and that while the Board must look on a legal basis,be asks that the Board also look at this on the basis of a community need in a very important location in the City of South Miami.He felt that W&a \?art °f their deliberations because this is a community Board, and this area desperately needs this kind of positive,very important commitment from the community. Mr.Cooper questioned what was located in the southeast corner in the C-l zoning.and was informed it w.:is a single family residence.He sug gested that the building be shifted up to the east by 5 feet which would eliminate the request for a variance on the 25 foot setback,would main tain about the same setback on the two sides,and would not lose a park ing place if the standard spaces were changed to compact. Ms.Kraich expressed the opinion that to make the Applicant go back to redrawing plans,resubraittal to the Boards,etc.would be a hardship both financial and in time delay. The Chairman asked in anyone in the audience wished to speak for or ^tTH the4variances-No one wished to speak so the meeting was movedintoexecutivesession.for discussion. MOTTDM• Tom Cooper moved to adopt the variances. Bruce Hoffmann seconded the motion for the purposes of discussion. Planning Board Minutes _/ May 27,i?87 Mr.Anderson was in favor of rhc r..*t irr,;md holi-vc-d t-h-r m,»„-• that the 20 foot setback was iiot .,pmhlem.;i..observed many otherlessappealingstructuressolr.uoh .•!„.,,r than 20 feet! wa^"zlllTT.Stat6d fhat hC W0!:"°l al ;,H '*•">"«>to »""iWins thatthisLrf^,Se7e4^,C '•°lui"Ui,it>-«"->«.b«t hi"Problem was with put tin*this particular building on the site and being 'Wl-ed into"zoning requirements and the lack of a hardship being shown.* goodMfaithSaat!?v"*!""°P'ni°n 1S that the APP"cant went ahead inCityComaLs^bwln«P»*v*«~»ly received Planning Board approval andCityCommissionapprovalandthatthisfootprintwasappropriateonthis variances"^!^dlffiCulty in "--cine ond the expiration of the new and'fre"ue:tedethehCitvhAtr,5Ue'5'iS-"eW ^Sh°Uld be «—«•'-asestan.iv 1 !y Attorney's view as to whether there was anv vasTesSel ££*A"°rney'^^^-^'"P-—'b«there P^esentJno ^'hat "'"ay be lcSaily ""ec:that the Applicant is some Jatifude t„rr^St "!bra"d "*"•but Sh*belleves the *>"<»hasthTlawShefelfJi°U»?SPirlt °f the la"as wel1 as the le»«ofbackandffj?.!j .u Applltant •»*•'v"y effort to prevent comingbackandfeelsthatthevariancesshouldbeaccepted. S'a^w item'and T^t ?"^the St'ff Kep°rt ls "as °bvi°«'"isifthechurchh^k ^^tr!ated nS a nCW item-Hls «»«»is thatnothLe^eSed botrthf'frfnf '"P"hapS.250 °*2"people,they mayprintisCM??!V ,•and rear ^rlances.He feels the foot-a front and r!heavy °n thif piece «f Property.He is concerned aboutafrontandrearvariancewhichexpandsinbothdirections. Ttl^Ttl Pr^n"ss requested Staff to read the recordations from theStaffReportdatedMay21,1987, "rtauest'as^0"^»"H"*Re"°"'Sta"Sees the need °f *»>**I m™,„8UU °f the failure by the Applicant to apply i„ tha^eTr^TS "eXtenSl°n °f ""*^the ™Lce9 "wsiv!hpi!enera\C°ndltionS °f l983 with respect to the Compre-ne?*hw£S "2UlrT"tS f°r thlS i,rca»the character of theofbui^n?J!,sultability of land and uses and the directionotbuildingdevelopmentsarebasicallythesame. Planning Board Minutes -5 ->jAV 27 1987 "Staff recommends the following for the Planning Board consideration: 1.Approval of a variance to allow a 1.13 acre site where 2.0 acres are required. 2.Approval of a variance to al-i*»v 62 pai>itig spaces where 106 arenormally required.. 3.Approval of a variance to allow 20 foot frent secback where 25 foot front setback is required,provided a change in the architectural design would create a haidship on the Applicant. 4.Approval of a variance to allow 16 foot rear setback where 20 foot rear setback is required,provided a change in the archi tectural design would create a hardship on the Applicant. 5.That special attention be given to the landscaping plan,with emphasis to (if feasible)preserve the existing trees." Mr.Prentiss questioned the reduction in the number of required parking spaces on this application from the previous one,and Staff and Mr.Cooper explained that capacity of the sanctuary determines the spaces required, and the sanctuary in this case was reduced in size.This was item 2. Discussion followed on items 3 and A and the interpretation of what would constitute a hardship on the Applicant with regard to architectural design. Mr.Lopez,the Temporary Planner,was asked the interpretation,lie stated if they changed the design of the church in order to have only one of the variances and this change affected the functionability and the efficiency of the church,that would be a hardship.The Chairman asked if the word "provided"should be "because"in item 3,and Mr.Lopez said "because" would be more appropriate.Ms.Aran-Spinrad stated that different archi tects would come up with different solutions,and the client is satisfied with the current solution.The requests of the Planning Board are rela tively small,and the accessibility of the church may bea factor in the communityawarenessofthechurchandits facilities. The Chairman called the question,,Robert Myers so moved and Tom Cooper seconded the motion. Vote:For:4 Oppose:3 Public Hearing No.87-010 -Withdrawn by Applicant PublicHearingNo.87-011 Applicant:Fellowship House Represented by:David Lotz Location:5712 Progress Road,South Miami,Florida 33143 V \ RESOLUTION NO.40-82-4040 A RESOLUTION OF THE CITY OF SOUTH MIAMI,FLORIDA. INITIATING AN APPLICATION FOR AMENDMENT TO THE SOUTH MIAMI COMPREHENSIVE PLAN IN THE NAME OF ST.JOHNS AME CHURCH WITH REGARD TO CERTAIN DESCRIBED PROPERTY LOCATED AT 6501 SOUTHWEST 59TH PLACE AND 6456,6470 AND 6484-86 SOUTHWEST 59TH COURT,SOUTH MIAMI,FLORIDA. WHEREAS,St.Johns AME Church has expressed the desire to construct a new church and related facilities,and; WHEREAS,the Community Development Board has voted In favor of allowing the St.Johns AME Church to purchase certain lands acquired through,, the Community Development process for the purpose of constructing a new church and related facilities,and; WHEREAS,the City of South Miami is desireous of cooperating with and furthering the goals of the Community Development Board as much as possible,and; WHEREAS,it is necessary to amend the South Miami Comprehensive Plan for said proposed new church and related facilities to be built;and WHEREAS,the St.Johns AME CHurch was not able to file an application for amendment to the Comprehensive Plan at the nornally scheduled time due to the need for prior approval of the Community Development Board, NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That pursuant to Section 7 of Ordinance No. 13-81-1107,the Mayor and the City Commission hereby initiate an application for amendment to the South Miami Comprehensive Plan in the name of St.Johns AME Church asfollows: Request to amend the Future Land Use designation of Lots 34,Block 6&Lots 44,4b,46,Block 7,all located 1n FRANKLIN SUBDIVISION,according to the plat thereof as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County,Florida,A/K/A 6501 S.W. 59th Place and 6456,6470 and 6484-86 S.W.59th Court, South Miami,Florida,from Low Density Residential to Public/Semi-Public Use. Section 2.The action of the Mayor and the City Commission initiating said application is not,and shall not be construed as approving said application In any way.Said application shall be judged upon its own merits at •+ it >/v / ^ the time said application comes before the Mayor and City Coss-.sission for final consideration after being properly processed according to subsection (f)of Section 7 of Ordinance No.13-81-1107,heretofore adopted as the South Miami Comprehensive Plan. PASSED AND ADOPTED this 8th toy of June ,1982. APPROVED: ,^-/.••,-o4>^ MAYOR ATTEST: .OPOLITAN DADE COUNTY,FLORIDA St.John's A.M.E.Church 6461 S.W.59 Place South Miami,Florida 33143 Att:Reverend CE.Standifer, Pastor DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1401 N.W.7TH STREET P.O.BOX 350250 MIAMI,FLORIDA 33135 *306*>e«;e88«: 547-5317 May 19,1987 Re:Lots 40 -46 in Block 7, FRANKLIN SUB PB 5/34 Gentlemen: This letter istoadvise that Dade County,in accordance with County Reso lution No.R-78-83,adopted on February 1,1983 is committed to sell the subject property toSt.John's A.M.E.Church,Inc.,for the development ofa church and/or parking area fora church. Dade County is holding on deposit One Thousand,Seven Hundred Dollars ($1,700.00)asthe Good Faith Deposit forthe purchase and upon payment ofthebalanceofthe$17,000.00purchasepricewill transfer the property to St.John's A.M.E.Church. Attached herein,isa copy of the Resolution authorizing thesale.Should you require additional evidence ofthe County's intent of theid^P°|1^lQnofthepropertytoSt.John's A.M.E.Church,please call me at 547-5317. Sincerely, Jonald Kirk Development Officer DK/SB:cr Attachment '*• Dale.Cou^+y RESOLUTION ACCEPTING PROPOSAL BY flf.JOhN'S AME <%}M:I-:r;H,INC.,OK flOiH'tl MIAMI F<H<Fii!-»-,iA:E AND REDEVELOPMENT OF SITE NO.H IN :;oii';'ii M.AMI, COMMUNITY DEVELOPMENT AREA 110.I «i /.].:•'A CHUHCH ANP RELATED FACILITIES FOR$17,00:);,\]'.o ALSO ESTABLISHING THE FA IB REUSE VALUE OF THE SITE AT $17,000 AS INDICATE!'BYAFEE :.1Ki-i.i:APPHATSAL; AUTHORIZING THE RECORDATION OF iiK«"I.Ai-A,'ION OF RESTRICTIONS AND THE PUBLICATION Hi'A NOTICE OF fl'lM TC DISCLOSURE;AUTHOR I/.INC EXECUTION (»F CONTRACT OF SALE;AND AUTHOR P/l NU OIVVAININC OF ABSTRACT AND TITLE WORK AS HEgUJR;-,D FOR TRANSFER OF PROPERTY BY COUNTY DEED WHEREAS,this Board desires to ac'omp 1J:*.!.i Lo purposes outlined inthe accompanying memorandum,a cop>ofwhichis incorporated horein byreference, NOW,THEREFORE,BEIT RESOLVED BYTHE bO/vi'I,O;COUNTY COMTflSlONKRS OFDADECOUNTY,FLORIDA,that: .Section K The proposal ofSt.John's AME Cnurch,Inc., •».i\>."pji-chu-and development u!'Sile N«...R in South Ml anil, .••.•*••:•••*•;•.:i".nt *Target Are*i«J.I'I ,i.».v .<.;..'..<'epted; and the purchase price of the land Is hereby established at 117,000,as indicated-by afee simple npprn.1 ::.-r». flection ?•The Director ofthe Departini-i.t <>f iinuiilnr.and •••..a ,,f.'V-:iopii.'-nt is hereby directed to plnci.-in tin*land records, ••.J>?claratioii of Restrictions for the siteandto place In a news- s-••;•.of ^cri'.'i'a 1 circulation inDade County,a i'ubii..:Disclosure lY.-t .co outlining the sale and redevelopment of the :jite. Section 3.The County Managerishereby authorized toobtain abstract8 and title wqrjc^s required;execute a Contract for the •«i *of ha.id for Private Redevelopment,the i'.mih «>r whichhas previously been approved by this Board with St.John's AME Church, inc.• Section 4.The County Manager,the County Attorney andthe Clock of this Board are hereby authorize!and .1 ir*«-*•i.»<j to proceed to aeoure the redevelopment of this site asnoon as possible. V Af'--r.-i-,"jl .,.„,jgr,#5^b)(1) The forccolng resolution was offend hy •.•omn.Jr.aioner "*rbtM H'Cwr*y 'who '""ve«!itr.'.duption.The motion was seconded by Commissioner B.v.rly ».Phniip. and upon being put to a vote,the vote war,a,follows: Barbara M.Carey Av# Clara Oesterle *£* Beverly B.Phillips ^!* .Tame*P.Red ford,Jr.*** Harvey Ruvin *yc Barry D,Schreiber *! Ruth Shack 7* «Torge E.Valdes *ytStephenP.Clark £j* The Mayor thereupon declared the ,,„llllIon cluly p„oed and adopted this lth day of February,1983. PP -oved hy County Attorne y DADE COUNTY,FLORIDA BYJTSBOARDOF COUNTY COMMISSIONERS RICHARD P.BRINKER,CLERK -••'l-r;.i ,rficiency:4#$^'"^!™^»^ deputy Clerk v^ STATEOF FLORIDA ) )SS: COUNTY OF DADE ) I,RICHARD P.BRINKER,Clerk of the Circuit Court in and for Dade County, Florida,and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No.R-78-83 ,adopted by the said Board of County Commis sionersatits meeting held on February 1 10 83 IN WITNESS WHEREOF,I hove hereunto se«t my hund and official seal on this 2nd (j8y 0f j February A.D.19 83 SEAL RICHARD P.BRINKER,Ex-OfficioClerk Board of County Commissioners DadeCounty,Florida ry^?ry, I Deputy Ckrk V< 102.01-3 *CV.11/72 Board of County Commissioners Dade County,Florida y^.MEMORANDUM Aycndti -item No/3 (b)(1) Hi-norablo Mayor and Members oatf !-Vi :-i'iry 1,1983 Board of County Commissioners subject Acceptance of Proposal to Develop a Churchon Site Hn in South Miami,CD. Area No.14 RECOMMENDATION.- I1 lz recommended that you approve the selection nr t-Ho q*t~u 1AMEChurchI„e.,-6«1 S.W.$9 Place,South Miami ?orthf purchase 2o ?S ^T"^'°£th«Object site in Community Development AreaNo.li|with a church and/or related facilities.p rea^ estaoUshedirn^OOO^Oo"^M*""*'^°f the Slte be BACKGROUND: dnvoi^°Unt?,/c2uired thls Pr°Pertv ^connection with its communitvdevelopmentfundedneighborhoodimprovementactivitiesInSouth* ?»?iS?!?«th Mlami Communlty Development Task Force identified the sub-j<-ct site as an expansion area for a neighborhood church.Staff in E2EH?e °the ?Sk Force action»recommended approval of the deve"i?PS2tiPl5ni an*thls Board by resolution,authorized the advertisingofthelandforthedevelopmentofaneighborhoodchurch?aavertlslnS n;':rrP?nSe t0 the 8'ollcitation for redevelopment of the site oneproposalwasreceivedfromtheSt.John's AME Church,Inc. ^H:^?0hn,S,an ex*stln6 neighborhood Church,has proposed to demolishtheirpresentoutdatedbuildingandconstructamodernfacilitywithadequateparkingandlandscaping.iacuity with ?IIi»f«?t£.Mia21 Plann*n*Apartment,the South Miami Community Deve- o?PSt John^P^Cf>,anH th?HUD Advl8ory Board recommend the approvalorst.John'8 as the developer of the site.HF vai act?onsUtna^°V?i and auti?o***ation,staff will take the necessary inr ?2«Jk^V**Pf°Perty transferred to St.John's AME ChurchInc.for the sales price of $17,000.00.urcn* Attachments /• ORMNANCI Nil.10-83-1170 AN ORDINANCf 01 THl CITY Of SOUTH MIAMI,Fl ORIDA AMENDING SECTION 3(a)(3)Of ORDINANCF NO.13-81-1107,HERETOFORE ADOPTED AS THE SOUTH MIAMI COMPREHENSIVE PLAN BY:AMENDING FUTURE LAND USE DESIGNATION OF PROPERTY IOCATEO AT 6461 AND 6501 SOUTHWEST 59TH PLACE AND 6456, 6470,AND 6484-86 SOUTHWEST 59TH COURT,FROM LOW DENSITY RESIDENTIAL TO PUBLIC/SEMI-PUBLIC USE;GRANTING VARIANCES TO ALLOW A LOT SIZE OF 1.13 ACRES WHERE 2 ACRES IS NORMALLY REQUIRED, VARIANCE TO ALLOW A CHURCH WITH 84 PARKING SPACES WHERE 134 ARE NORMALLY REQUIRED,AND VARIANCES TO ALLOW A 20 FOOT FRONT SETBACK WHERE 25 FEET IS NORMALLY REQUIRED;GRANTING A SPECIAL USE PERMIT TO ALLOW A CHURCH SUBJECT TOTHEPLANSAS APPROVED. WHEREAS,.after Public Hearings the Planning Board has considered and made recommendaLions on the requests herein, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section J..That Section 3(a)(3)of Ordinance N«.13-§l-llf7,heretofore adopted as the South Miami Comprehensive Plan, be,and the same is hereby amended as follows:Tuturo Land Use Dc-s;jnai.^o;; of the property at 6461 and 6501 S.W.59th Place and 6456,6470 and 64o4-86 S.W.59th Court,and legally described as: Lot 40,less the North 10 feet,&Lots 41, 42,43,44,45,and 46,Block 7,and o?tS 31,32,and 33,Block 5,and Lot 34, Block 6,all located in FRANKLIN SUBDIVISION as recorded in Plat Book 5,at Page 34 of the public records of Dade County,Florida, be changed from Low Density Residential to Public/Semi-Public Use. Section 2.That the following variances be and they are hereby granted intheuseof the above described property: 1.Variance to allow alotsizeof1.13acres where 2 acres is normally required. 2.Variance to allow a church with 84 parking spaces where 134 are normally required. 3..Variance to allow a20footfront setback where 25 feet is normally required. r.y »*r » Section 3.That a Special Use Permit be,and the same is hereby granted to St.John's AME Church to allow construction of a new church structure subject to plans and specifications drawn by Environmental Planning and Design Group,Inc.,and dated January 25,1983. Section 4.All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5.This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 5th day of April y 1983 APPROVED: ATTEST: MAYOR c^^ifiL^i""' Passed on 1st Reading:3/15/83 Passed on 2nd Reading:4/05/83 -2- =6' / all existing trees shown tobe removed V :yomon $ Jfi 'tongue \ ^ fwomort ***** J'V existingresidenceand church to remain until new building completed;\ then removed. site clearance and demolition plan "!"*-V. '.V «"^v\N$X\ iirtV north r»i9o' landscapecriteria "•)'*'.Ol\C-t4jit COT.'<rnorr.. • &'LI •+,s.w.59p|ace sireandlandscape_planf=|g' *>T.J^w^*-.«.?.^or?c>t i S . W . D y t f i C O U r c -• ^ i p l a n t m a t e r i a l s c h e d u l e [m a r * ' qo o n [_ v a e n t i f . c na m * c o m m o n n a m e M M 0 L > ' ^ A ^ ^ « / - * 0 r t » ? C + 4 t - W ^ H . / J ^ ' l t f ' t f ' ' •J L A I et > c * tJ « » < / v 2 d / V ^ ^ U v ^ « • • —L . T " • O O h ^ / ' J C W ' ^ a I «• < > O K t e ^ / ^ e o ^ a ? & ' * € * , —- - H _ 3 1 A . l t , ' •V K i - «* > V * VH L M U $ U m M M <3 . 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