Res. No. 10-87-7003 & 7003A**K.
RESOLUTION NO,10-87-7003A
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AMENDING RESOLUTION NO.10-87-7003 BY
APPROVING AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A
PLANNED DEVELOPMENT HOUSING DISTRICT (PD-H)SCHOOL,
PUBLIC\PRIVATE WITHIN THE CITY LOCATED AT8512-8530RED
ROAD,SOUTH MIAMI,FLORIDA.
WHEREAS,on February 3,1987,the City Commission ofthe
CityofSouthMiamiheldapublichearingontheapplicationofRod
and Carol Mandelstam ("Applicants")tobeallowedaPD-Hspecial
usepermitforthe construction ofaschoolat8512-8530Red
Road,South Miami,Florida on property more particularly described
onalegaldescriptionattachedheretoasExhibit "1";and
WHEREAS,the City Commission denied such request pursuant
to Resolution No.10-87-7003;and
WHEREAS,pursuanttoCaseNo.88-651,theThirdDistrict
Courtof Appeal has reversed theCity's decision andhas mandated
the issuance ofa special use permit.
NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR ANDTHE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.FindingsofFact.Thatthe City Commission,
sitting in its quasi-judicial capacity,having helda public
hearing,with notice as required by law,and having considered and
weighedallcompetentevidenceandhavingheardall persons as
required by law,and pursuant to Article XVI of the Official Zoning
Ordinance of South Miami (hereafter "ZoningOrdinance"),andin
consideration of the Court Order referred to above,makes the
followingdecisionbaseduponthegreaterweightof competent
evidenceinthecontextofthegeneralandspecificstandardsand
other requirements setoutin Article XVI,PlannedDevelopment
Regulations,oftheZoningOrdinance.
Section 2.Approval of Special Use Permit for Planned
Development.TheCityCommissionhereby approves the grant of
SpecialUsePermitto authorize theconstructionofa Planned
Development -HousingDistrict(PD-H)development,subjecttothe
conditions and safeguards set out hereinafter is Section (3)of
this Resolution.This PD-H district shall be comprised ofthe
gymnastic and other school buildings and grounds as reflected on
the site planpreparedby ,and
dated under reference No.,andsuch
site plan is hereby incorporated by reference as part of this
special permit resolution.
Section 3.Conditions and Safeguards In its exercise of
quasi-judicial authority,the City Commission is authorized by
Section 16-6-3(5)ofthe Zoning Ordinance to attach conditions and
safeguards to protect the public interest inthe granting ofa
Special Use Permit for a planned development.The following
conditions and safeguards are hereby attached to andare made a
part of this approval.
a.The application for a special use permit and allmaps,
plans,documents,covenants,agreements,stipulations,
conditions and safeguards shall be marked and identified by
the Director of Building Zoning and Community Development
("Director"),and shall be placed onfile,as required by
Section 16-6-3(5)(g)ofthe Zoning Ordinance inthe Office
ofthe City Clerk.Theses materials shall constitute the
regulations for the development.Where there are conflicts
between the application and these conditions and
safeguards,these conditions and safeguards shall govern.
b.Where public improvements,including roadway improvements,
are to be provided atthe Applicant's expense,improvements
required must be completed andany necessary approvals
regarding such improvements must be issued by the
appropriate governmental agency before any Certificate of
Occupancy is issued.
c.The Applicant shall establish on-site parking facilities
particularly with respect to employee parking.
d.To the end that full traffic and pedestrian flow can be
maintained on City right-of-ways during the course of
construction,the Applicant will submit toand receive the
approval ofthe Director ofa traffic maintenance plan for
the entire construction period prior to the issuance of any
building permits.Such plan shall demonstrate that
circulation can be maintained as proposed.The Director's
approval shall under no circumstances be unreasonably
withheld.
e.No Certificate of Occupancy shall be issued for any
completed stage or sub-stage until a directional signage
plan for automotive vehicles and pedestrians,with and
without the project,has been approved by the Director and
such signs are in place.
The Director,under the supervision of the City Manager,is
designated as the City's official to monitor compliance
with all provision of the approved Special Use Permit and
Development Order as required by Article XVI of the Zoning
Ordinance.The Applicants will assist in and facilitate
the monitoring responsibilities of the Director.The
Applicants shall designate a person as a monitor contact
for the Director.In the context of Section 16-7-3 of the
Zoning Ordinance,the Applicant's monitor contact shall be
responsible for promptly notifying the Director of any
proposed minor changes in the development plans as approved
by the grant of Special Use Permit.The naming ofthe
Director as the individual to monitor the project is in
addition to,and does not replace in any fashion,the
normal construction inspection activities of the City and
other government agencies.
In connection with the subsection <i)above,the Director
may require from time totime,but at intervals ofnot less
than three <3>months,a written report from the
Applicant's monitor contact as to the progress ofthe
development.Such report shall include,but not be limited
to,(1)the relation of construction progress to the
conditions and safeguards on staging.(2)any problems in
relation to the planned development,(3>relation of
construction progress to the provision of public facilities
and utilities.It is understood that the Applicant's
monitor contact or the Director will contact one another at
any time during the course of construction asthe
particular problems arise.
Within one year of final approval bythe Environmental
Review and Preservation Board,the property owner must
obtain either <1)a building permit and other permits for
the proposed project or <2)commence construction for the
extension of water and sewer lines and other infrastructure
or roadway improvements to service the subject property.
In the event that the property owner fails to fulfill the
above requirement,the special use permit may be voided by
the City Commission following notice and public hearing to
the property owner.
Prior to issuance of any building permit,the Applicant
shall dedicate tothe City all lands necessary tomeetthe
requirements of Section 8-7 of the Zoning Ordinance,
"Official Right-of-Way Widths,"or provide right-of-way
areas of sufficient width to permit construction of the
roadway improvements outlined in the application,whichever
dedication is greater.
In addition to the foregoing,the applicant agrees to fully
perform alloftheterms,covenants and conditions ofthe
attached agreement and no certificate of occupancy shall be
issued for any completed stage,sub-stage or other work if
there is any default bythe Applicants of said agreement at
the time of the request or requests for such certificate of
occupancy.
Section 4.Permitted Uses All schools teaching the following:
Gymnastics and related disciplines,dance,health,physical
education,recreation,pre-school,K through grades 12 and any
course taught in grades K through 12in the Dade County Public
School System.
Section 5.Official Zoning Map.Uponthepassageofthis
Resolution,action shallbetakentomakethe appropriate
notations onthe Official Zoning Map of the City of South Miami as
required by Section 16-5-3 of the Zoning Code.
Section 6.Effective Dade.This Resolution shall take effect
immediately upon its adoption.
PASSED AND ADOPTED this
Resolut\Gymnastic#2.school
day of ,1989.
APPROVED./I.A
MAYOR
RESOLUTION NO.10-87-7003
A RESOLUTION OFTHECITYOFSOUTH MIAMI,FLORIDA,
DENYINGTHEREQUESTFORASPCIALUSEPERMITFOR
CERTAIN DESCRIBED PROPERTY LOCATED AT 8512 &8530
RED ROAD,SOUTH MIAMI,FLORIDA,FROMRS-3LOW
DENSITY SINGLE FAMILY RESIDENTIAL TO PD-H
DESIGNATION.
WHEREAS,after public hearing on November 25th,1986,the Planning Board of
the City of South Miami,Florida,made its recommendations of denial on applications
86-11 and 86-12 under the provisions ofthe Zoning Ordinance ofthe City;and
WHEREAS,the City Commission ofthe City of South Miami,Florida,has
considered applications 86-11 and 86-12 at the regular City Commission meeting of
February 3rd,1987.
NOW,THEREFORE,BE IT RESOLVED BYTHE MAYOR ANDTHE CITY COMMISSION OFTHE
CITYOFSOUTHMIAMI,FLORIDA:
Section 1.*That the request fora Special Use Permit for property
at8512&8530RedRoadishereby denied.
located
ATT
Section 2**Pursuant to Section 16-6-3(5)(c),the Mayor and City Commission
find that the applicant has not demonstrated by the greater
weight of competent evidence that the application meets the
standards and requirements of the Planned Development regulations.
Section 3.That pursuant to Section 16-1,the Mayor and City Commission find
that the Planned Development concept proposed by the applicant is
unsuitable in location,areaand character asa private
commercial gymnasium,and is unsuitable in a residential neighbor
hood zoned RS-3,a low-density single-family residential district.
The proposed private commercial gymnasium is an incompatible land
usage with the existing South Miami Comprehensive Plan and the
existing character of the surrounding neighborhood.
Section 4.That pursuant to Section 16-20,styled "Planned Development
Housing"(PD-H),the Mayor and City Commission find that the
application for the private commercial gymnasium is not in
conformity with the principal uses permitted in this PD-H housing
designation.Section 16-22-l(b)does not contemplate or permit
private schools of this character,nor does Section 16-22-l(d)
allow this commercial facility.
Section 5.That the Mayor and City Commission find that the applicant has not
met the burden of demonstrating,bythe greater weight of competent
evidence,that the requirements of Sections 16-4-3,16-4-4 &16-4-8
have been satisfied and specifically find that the traffic study
and appraisal reports first presented to the City during the course
of the public hearing do not properly address or satisfy the above-
described requirements.
♦PASSED AND ADOPTED this 3rddayof
**PASSEDANDADOPTEDthis5thdayof
m^f^.
February
May
APPROVED:
1987.
1987.
EAD AND APPROVED ASTOFORM:
CITY ATTORNECJ /