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5725 SW 77 TERR_GREEN MISC 06/28/2000 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 09 4036 020 0020 PROP ADDR 5725 SW 77 TERR MCD 0900 NAME AND LEGAL VALUE HISTORY MARIO E TOCA &W ANA M YEAR 1998 1999 03/22/2000 5725 SW 77 TERR LAND 151200 172800 MIAMI FL BLDG 28800 51389 MARKET 180000 224189 331435410 =---------------------------- FAIRGLADE PARK PB 45-80 ASSESS 180000 224189 W75FT OF E155. 3FT LOT 1 HEX BLK 1 WVD LOT SIZE 75.000 X 144 TOT EX OR 15607-3573 0792 1 TAXABLE 180000 224189 STATE EXEMPT: SALE DATE 07/1992 SALE AMT 145000 SALE TYPE 1 I/V I SALE O/R 15607-3573 PF1-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PF5-TAX COLL PF7-PREY OWNER PF8-MENU PF13-OCCUP LIC Harvey Ruvin CLERK OF THE CIRCUIT AND COUNTY COURTS Pip couNry Dade County, Florida N CLaRK c+0G VALUE ADJUSTMENT BOARD SUITE 1720 111 N.W. 1st Street Miami, Florida 33128-1981 �yo " TM°n Telephone:(305) 375-5641 June 26, 2000 Fax:(305) 375-2731 OFFICE OF THE MAYOR City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: DADE COUNTY VALUE ADJUSTMENT BOARD HEARINGS Dear Mayor: In accordance with the provisions of Section 193.116(1), Florida Statutes, you are hereby advised that the Value Adjustment Board hearings affecting parcels of property within your municipality will be held at the location(s) checked below: (X) STEPHEN P. CLARK CENTER , 111 N.W. 1 STREET, 6TH FLOOR, DOWNTOWN MIAMI; ( ) SOUTH DADE GOVERNMENT CENTER, 10710 S.W. 211 STREET, ROOM 203, CUTLER RIDGE; ( ) METRO-DADE FLAGLER BLDG., 140 WEST FLAGLER STREET, ROOM 802, DOWNTOWN MIAMI. [Note: See the attached listing(s) for the hearing date, time, board room and other related information.] You may send a representative of your municipality to attend the hearing(s) and he/she will be given the opportunity to be heard if so desired. Sincerely, HARVEY RUVIN, Clerk Circuit and County Courts 11 A By: QM DAM O- UJQ C)V' Deput Clerk Central Depository • Civil Division • Clerk of the Board • Comptroller/Auditor • Criminal Division District Courts Division • Family Division • Juvenile Division • Marriage License • Parking Violations County Recorder • Records/Archives Management • Technical Services Division • Traffic Division CLK/CT 701 REV.5/98 Printed on Recycled Paper o _ N _ C as 0 a lz I Go 1 J 1 , 1 E - I� D 1 Q I C 1 - O W I O " H W 2 ~ 4 1 00 W W J O 1 N - - H Q 1 \ Ic 49 CL co N J _ 1 O O Q 7 w 0 H D W Q V 1 M I ' W 1 1 1 W I 33 1 1 I 1 W 1 O ' ' 1 M I S • I LU O, - N 1 Im O _ - \ W 1 O / ".x'1.0 1 N - - Q N 1 10 9 J 1 M O 1 O - m W 1 ' O 1 1 I O, '�' �! �T �:. .�� ssii t ,' `:: fie—• ,� rt�° !Y� a�.` ! •Nip �•' i}1•�� r�`Y +1: �'*'. ' Vale` ; AN IWO . $4 �+♦fi t f °�fig' 1� 23mv Z':-w T Aw k!C f 1 And 'I .,.n I�r iK/ 1 J 9 i f:•i s 1i ��ICm JIM2., logo - .6419 1199 Al V Rugi.aM Qi,iJ.- II i -cry csr mrs EMAM Lm .m NONE■ 00 ■� Oman lea pq �N =�■ ice. ®,JUNE 17=4 f N ' ;113L EMT r . 4 • •- .. �_ . • ,.-fit I ~ '' '• • Im 7i ;$0 y.': '. .. C 04 � 03 �f 03,1 ♦` 02 I , s r � � 2 � • � 1 a y ,. 5765 ' 5751 I ;5735 57 57Qt 77 -TERR, �, o 7?6 5 64 i 5752 'x5740 5726 712 700 c i r2. 22 > o � - �� a -ST . os ;� t 8001 X900 - r ^,• ..�, — .-, 1 _ � ', 'sir ,. 1. ' _ ..._ _ T •}Oi .. � r i. �.:t,,•�' y' yt _ .783^0 . sa� ; (17801 0 Ao r 22 ' 7910 !! '. i j AN Coy of South Miami INTER—OFFICE MEMORANDUM TO: City Manager DATE: July 20, 1984 FROM' Diana Wheeler, Director SUBJECT' . 572. 5 S.W. 77 Terrace Planning and Zoning - --- A question was raised as to the zoning of the above referenced property. After researching through the City Clerk' s records, as well as Planning Board minutes, it is the conclusion of this department that a typographical error was made when the legal description was transcribed for the purposes of a Public Hearing. 5725 S.W. - 77 Terrace has housed an office use since 1971 and the City of South Miami classified this property as R-O when it up- dated its maps in 1976. On September 7, 1971) Dr. Hal Rhea was granted a variance to allow alterations to his dental office (see attachment 1) . Dr. Rhea' s office is located at 5725 SW 77 Terrace_. The ordinance describes the property as : "The West 75' of E 155. 3 ' of Lot 1, Block 1, Fairglade Park. . . . " . Five years later, -.Cousins Associates requested a rezoning of property located "aetween 5725 and 5751 S.W. 77 Terrace. " Clear- ly this must refer ' to 5735 S.W. 77 Terrace (see attachment 2) . The legal description for this property is: "The East 75' of the West 90' of Lot 1, Block 1, Fairglade Park. . . . " . Of the three properties comprising Lot 1, Block 1 of Fairglade Park, only Dr. Rhea' s property is 75 ' in width. During Cousins Associates hearing before the City Commission, the rezoning application was denied and staff .was instructed to show the property as RS-3, single family residential . Again, it was in reference to public hearing 76-26 that the City Commission took this action. The property in question was owned by Cousins Associates. Dr. Rhea was the owner of , and to this date owns, the property immediately East of that which. was denied the rezoning. His property is 5725, not 5735 S.W. 77 Terrace. On the following page is a sketch, showing how the error may have started. Page 2 MEMO July- 20., 1984 subject K 2445 • #5 The West 75' of East 155. 3 ' of Lot 11 Blk 1 is 5725 S.W. 77 Terrace. � 745 0 The East 75 ' of the West 90' of Lot 1, Blk 1 is a description of most of 5735 S.W. 77 Terrace but includes the dimension of 75' which is only found on Dr. Rhea' s property. ORDINANCE NO. 22-71-726 ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A VARIANCE TO HAL H. RHEA, TO PERMIT ALTERATION OF AN EXIST- ING RESIDENCE TO DENTAL OFFICE IN AN RU-5A ZONE., BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA; That the application of HAL H. RHEA, for a variance to �i permit the alteration of an existing residence in an RU-5A zone to a dental office with the following variance: West interior side setback of 8.5 ' instead of 15' as required, on real property described as, The West 75 ' of E 155. 3 ' of Lot 1, Block 1, FAIRGLADE PARK, Plat Book 45 at Page 80 of the Public Records of Dade County, Florida, be and the same hereby is GRANTED, subject to installation of sidewalks, curbs, and gutters; installation of a sprinkler system; i planting and maintaining a hedge outside the fence of the wall on the West side. PROVIDED, that in the event an application for a permit for such purpose is not filed with the City within 180 days from date . --_-Z' i of passage of this ordinance, the variance granted hereby shall become null, void and of no force and effect without further action ; from the Council. I ` PASSED and ADOPTED this 7th day of September, 1971. ; APPROVED: MAYOR ATTEST: CITY CLERK MINUTES OF A REGULAR MEETING PLANNING BOARD, CITY OF SOUTH MIAMI October 26, 1976 APPROVED NOVEMBER 9, 1976 The meeting was called to order by Chairman Pat Masters at 7:30 PM. The Pledge of Allegiance to the 'Flag of the United States of America was followed by the roll call. PIMSE Rr: Pat Masters, Chairman ABSENT: James Bowman Harvey Pierce Clyde McCoy Edward Coburn Bernard Michelson Jacques Fleischer Gil Russe, Building & Zoning The following corrections were made on the minutes of the meeting of October 12, 1976: r Page 4, last paragraph, "condium" should be "condominium". Page 2, last paragraph, "president" should be "precedent". M7rICN: By Mr. Fleischer, seconded by Mr. Pierce, to approve the minutes of the neetings of September 21, September 28 as read, and October 12th, as read and corrected. VOTE IN FAVOR OF MDTION: Yes - 6 (Unamimous) MDTICN CARRIED. PUBLIC HEARING #76-26 Cousins Associates, T."r.. Request: Change of zoning from RS-3 (Single Family Residential) to RO (Residential Office) . Legal Description: The East 75 feet of the West 90 feet of Lot 1, Block 1, FAIRGIACE PARK, PB 45/80. Location: Between 5725 and 5751 SW 77th Terrace. V cousins Associates , y; PUBLIC HEARING #76-26 Request: Change of zoning from RS-3 (Single Family Residential) to Ro (Residential Office') . Legal Description: The East 75 feet of the West 90 feet of Lot 1, Block 1, FAIRGLArE PARK, PB 45,/80. Location: Between 5725 and 5751 SW 77th Terrace. , i i PUBLIC HEARING #76-26 (Cont.) 2. Jenny L. Whistle, of Cousins Associates, appeared before the Board. She represents the owner of the property, Mr. Miser, who resides in Brazil. She stated the owner does not plan to return to this country to reside. . Counsins recently acquired other property in the area and inproved it. They would like to acquire this site and build a one-story building, office use and requiring low traffic use. ro. Ms. Whistle did not submit the required signatures of surrounding neighbors. She stated she was out of town when the hearing was rescheduled and did not have proper tine to acquire the signatures. Ed Corley appeared before the Board, opposing the request. He stated there are presently 13 homes on the street; that the property could be resold in the future thereby creating rrore traffic in the area; the area is residential. Mr. Gustafson appeared before the Board. He stated he lives across the street from the property; that the denial of the request would not create a hardship \ on the owner; that he helped pay for improvements in this area (sewers, etc.) to help keep it a residential neighborhood. Mr. Michelson stated that the RS-3 zoning served as a necessary buffer. WrICN: By Mr. Fleischer, seconded by Mr. Coburn, recommending denial of the request as there has been no change in the needs of the area since the application of the Green Co. several years ago was also denied. VOTE IN FAVOR OF MO.PIC N:, Yes - 6 (Unanimous) MOTICN CARRIED. Investors research associa' Inc. real estate consultants 5725 s.w. 77 terrace and appraisers �° �' y south miami, licensed real estate broker. �� florida 33143 telephone 305-665-3407 July 11, 1984 VIA HAND DELIVERY JUL }6 -� J 3 11 Mr. William E. Godwin South Miami City Hall 6130 Sunset Drive South Miami , FL 33143 Dear Mr. Godwin: My partner, Mr. Stephen M. Cantwell, and I appeared before the South Miami City Commission on May 15, 1984, to discuss the one-way-only traffic on S.W. 77 Terrace between S.W. 57 and 58 Avenues. Our concern was related to our pending . _._ purchase of the commercial property at x5725 S.W—. '7'7- Terrace (Dr. Hal Rhea' s dental office building) . At that-mee'trng;`" Commissioner Carl Schwait stated that he thought the property we were purchasing was zoned RS-3 (Residential) rather than RO (Residential-Office) . It is my understanding that the Zoning and Building Department staffs at City Hall spent substantial time researching this matter during the following two days. On May 17, I talked to Ms. Diana Wheeler and Mr. Gilbert Russe, and both of these individuals assured me that there was A misunderstanding and that the property is in fact zoned RO. The purpose -of this letter is to formally request written confirmation of the RO zoning on this property from .your office. Since our closing is scheduled for later this month, your earliest attention to this matter would be greatly appreciated. Although we have not yet moved, we have changed our company stationery to reflect our new address. Would you please address your reply to 7600 Red Road, Suite 107, South Miami, Florida, 33143. Sincerely, Edward N. Parker ENP: ac 6001* -cc: Mr. Gus Efthimiou, Jr. , . City Attorney; Ms. Diana Wheeler, Community Development Director; Mr. Gilbert Russe, Building Official; Ms. Rosemary Nayman, City Clerk; Mr. William Porter, Mayor; Ms. Betty Andrews Lantz, Vice Mayor; Mr. Leroy Gibson, Commissioner; Mr. James T. Bowman, Commissioner; Mr. Carl Schwait , Commissioner. Investors research associates, Inc. real estate consultants 5725 s.w. 77 terrace and appraisers south miami, licensed real estate broker -` C florida 33143 .z telephone 305-665-3407 July 11 , 1984 VIA HAND DELIVERY Mr. William E. Godwin South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 ' Dear Mr. Godwin: My partner, Mr. Stephen M. Cantwell, and I appeared, before the South Miami City, Commission on May 15, 1984, to discuss the one-way-only traffic on S.W. 77 Terrace between S.W. 57 and 58 Avenues. Our concern was related to our pending purchase of the commercial property at 5725 S.W. 77 Terrace (Dr. Hal Rhea' s dental office building) . At that meeting, Commissioner Carl Schwait stated that he thought the property we were purchasing .was zoned RS-3 (Residential) rather than RO (Residential-Office) . It is my understanding that the Zoning and Building Department staff's at City Hall spent substantial time researching this matter during the following two days. On May 17, I talked to Ms. Diana Wheeler and Mr. Gilbert Russe, and both of these individuals assured me that there was a misunderstanding and that the property is in fact zoned RO. The purpose of this letter is to formally request written confirmation of the RO zoning on this property from your office. Since our- closing is scheduled for later this month, your earliest attention to this matter would be greatly appreciated. Although we have not yet moved, we have changed our company stationery to reflect our new address. Would you please address your reply to 7600 Red Road, Suite 107, South Miami, Florida, 33143. Sincerely, Edward N. Parker ENP: ac cc: Mr. Gus Efthimiou, Jr-. , City Attorney; Ms. Diana Wheeler, Community Development Director; Mr. Gilbert Rusk. Building Official; Ms. Rosemary Nayman, City Clerk; Mr. William Porter, Mayor; Ms. Betty Andrews Lantz, Vice Mayor; Mr. Leroy Gibson, Commissioner; Mr. James T. Bowman, Commissioner; Mr. Carl Schwait , Commissioner. CUM of South Miami INTER—OFFICE MEMORANDUM TO: -CITY MANAGER GODWIN DATE: JULY 12 , 1984 FROM: MAYOR PORTER SUBJECT* Bi11 : -May I please have a copy of .the letter that- went out in response '-.to Mr. Parker. Thank you . r AX ® City of South Miami INTER—OFFICE MEMORANDUM TO: W . E . Godwin , City Manager DATE: May 22 , 1984 FROM Gilbert Russe , Building Official SUBJECT! Reference to question concerning the RO zoning on the corner of 77th Terrace and Red Road: Public Hearing #76-26 Note the address description of the lot in question listed as between 5725 and 5751 S . W . 77th Terrace . T.he legal is the W 75 Ft . of the E 15.5 . 3 Ft . of Lot 1 , Block 1 , Fairglade Park . Lot size 90 ' x 144 ' . This public hearing denied the request for a RO zoning change from RS-3 single family zoning . The commission . at a later date denied it also . A single family home . has been constructed on the site in 1983 . The address of the .above legal description is now 5735 S . W . 77th Terrace . Th.e parcels . of land that consist of two lots on the north side of 77th-' Terrace at the corner of Red Rpad were always listed as RO zoning on th..e official zoning map for as long as my I employment with the City . Referring to th-e resolution of th.e City of South Miami #136-76-3505 that deni;e.d the. request of Cousins Associates fora change of zoning on th-e property located between 5725 and. 5751 S . W . 77th Terrace , Councilwoman Ki'llis was referring to the Special Use #11 -69-643 granted to th.e parking lot north of th.e Cousins Associates property to be used with_ th.e. RO property facing Red Road . A typographical error referring to th.e property located at 5725 S . W . 77th Terrace should have read between 5725 and 5751 S . W'. 77th Terrace . This was referred to as item 12 that was removed from the agenda by the Council May L . Rotolante & Ruth Morat 5701 S . W. 77 Terrace - 09-4036-20-0010-6 Legal : E . 80. 3 ft. of Lot 1 , Block 1 , Fairglade Park ( Lot Size : 80 . 300 x 144 ' ) Value : $148 ,025 Taxes : $3 ,075 . 07 Hal Rhea & W Mary E . 5725 S . W. 77 Terrace -- 09-4036-20-0020-4 Legal : W 75 ft. of E 155 . 3 ft. of Lot 1 , Block 1 , Fairglade Park (Lot Size: 135 . 000 x 144 ' ) Value : $134 ,003 Taxes : $2 ,783 .79 Miguel Alvarez & W Ami:ra 5735 S . W. 77 Terrace 09-.4036-20-0031 -1 Legal : E 75 ft . of W 90 ft. of Lot 1 , Block 1 , Fairglade Park (_Lot Size : 90 x 144 ' ) Value : $28 ,180 Taxes : $585 .41 PUBLIC HEARING #76-26 Cousins Associates, T"� • Request: Change of zoning from RS-3 (Single Family Residential) to RO (Residential Office) . i Legal Description: The East 75 feet of the West 90 feet of Lot 1, Block .1, FAIRGLADE PARK, PB 45/80. Location: Between 5725 and 5751 SW 77th Terrace. f� PUBLIC HEARING #76-26 (Cont.) 2. Jenny L. Whistle, of Cousins Associates, appeared before the Board. She represents the owner of the property, Mr. Miser, who resides in Brazil. She stated the owner does not plan to return to this country to reside. Counsins recently acquired other property in the area and inproved it. They would like to acquire this site and build a one-story building, office use and requiring low traffic use signatures of surrounding Ms. Whistle did not submit the required neighbors. She stated she was out of town when the hearing was rescheduled and did not have proper time to acquire the signatures. Ed Corley appeared before the Board, opposing the request. He stated there are presently 13 homes on the street; that the property could be resold in the future thereby creating more traffic in thearea; the area is residential. Mr. Gustafson appeared before the Board. He stated he lives across the street from the property; that the denial of the request would not create a hardship on the owner; that he helped pay for improvements in this area (sewers, etc.) to help keep it a residential neighborhood. Mr. Michelson stated that the RS-3 zoning served as a necessary buffer. WrICN: By Mr. Fleischer, seconded by Mr. Coburn, recaTmnding denial of the request as there has been no change in the needs of the area since the application of the Green Co. several years ago was also denied. VOTE IN FAVOR OF MOTION: Yes - 6 (Unanimous) moTICN CARRIED. j i I' MINUTES OF A REGULAR MEETING PLANNING BOARD, CITY OF SOUTH MIAMI October 26, 1976 APPROVED NOVEMBER 9, 1976 The meeting was called to order by Chairman Pat Masters at 7:30 PM. The Pledge of Allegiance to theiFlag of the United States of America was followed by the roll call. PRESENT: Pat Masters, Chairman ABSENT: James Bowman Harvey Pierce Clyde McOoy Edward Coburn Bernard Michelson Jaoques Fleischer Gil Russe, Building & Zoning The following corrections were made on the minutes of the meeting of October 12, 1976: Page 4, last paragraph, "condium should be "condominium". Page 2, last paragraph, "president" should be "precedent". WrION: By Mr. Fleischer, seconded by Mr. Pierce, to approve the minutes of the neetings of September 21, September 28 as read, and October 12th, as read and corrected. VOTE IN FAVOR OF MDTION: Yes - 6 (Unanimous) MCTIO1 CARRIED. PUBLIC HEARING #76-26 U Cousins Associates, T"�'• GZ -S Request: Change of zoning from RS-3 (Single Family Residential) to RO (Residential Office) . Legal Description: The East 75: feet of the west 90 feet of Lot 1, Block 1, FAIRGLADE PARK, PB 45/80. i Location: Between 5725 and 5751 SW 77th Terrace. ORDINANCE NO. 22-71-726 !. " ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A VARIANCE TO HAL' H. RHEA, TO PERMIT ALTERATION OF AN EXIST- ING RESIDENCE TO DENTAL OFFICE IN AN RU-5A ZONE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: That the application of HAL H. RHEA, for a variance to permit the alteration of an existing re�idence in an RU-5A zone to a dental office with the following variance: West interior side setback of 8. 5 ' instead of 15' as required, on real property described as, i The West 75 ' of E 155. 3 ' of Lot 1, Block 1, FAIRGLADE PARK, Plat Book 45 at Page 80 of the Public Records of Dade County, Florida, be and the same hereby is GRANTED, subject to installation of sidewalks, curbs and gutters; installation of a sprinkler system; planting and maintaining a hedge outside the fence of the wall on the West side, ,;'tiift�E'h PROVIDED, that in the event an a li for , ppi cation for a permit ? ,4. such purpose is not filed with the City (within 180 days from date w�h of passage of this ordinance, the variance granted hereby shall become null, void and of no force and effect without further action from the Council. _ PASSED and ADOPTED this 7th day of September, 1971. i APPROVED: MAYOR ATTEST: CITY CLERK i • T .r 'n^f1`J' .ter-.^--_,-. . y, ,!Y/ I, ...��. .f V' �► v a ���I� 1 � N I ; . ✓ 1 1 WSJ sW 62 I w 1 c V b P M C � W V. .. 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J JW J r `� ? • G/ - -o -n a v r � 1 u a •s � V L _ I N c -'A °h L ? r �� S �o 00 :� c •n Z �+ 10 59"'Cr. o w i TIT yy ��T p l /� L fJ )114 iL N3 /9S it _�j) S Y a0 SYV v --- - --- S9�` .q Ile V ►J 9J � � tr � C � I ;y 5 W .S8>ti c r # A w i W —�— flf- ba --W �^ M T o - C W o► I i� f J A m I r d y -4 A J S Y1� S6 9 YL - ¢ -Ct. v �••+ 10 v �p 2 N lY ry L SW J7 CT 1� N 'D ' �_____ c` 6'tA ON NNW T _ n � y I I lei Q ------ -J 1--- ' .bode Co 171 r 0 � I N Q 4:-4: 111 IN 111 1 'J iiii ilia i ii iii ■ � ,__ � � + T 1 Q p�9' me t ,; � 0 11��i�il��gi�v11 o6�6O1� o�Q9�©■ e�� aopens OWN : � lesaaeM e� �►.�•� �� � s:w pC o.. �A4a X011©6���� �o+s�►:e� a■ e _ oa -milli MINI IN ■ �■i (e1se��lsse , �90a ! � � � ageeeee; �„' W ■ 0���1�0��0 �9�� � _ � _0�_ �:eeoe�aaos=� i11lIM/�YI �1RL!'lgl.►K �� aee •:'';•� �!4 S • '` k MILE Mk MM E pa r Von ME VEEN IND- �■�■ � �� _ �0�0�0�oaa000� investors research associates, inc. real estate consultants 5725 s.w. 77 terrace and appraisers south miami, licensed real estate broker florida 33143 telephone 305-665-3407 July 11, 1984 VIA HAND DELIVERY Mr. William E. Godwin South Miami City Hall 6130 Sunset Drive South Miami , FL 33143 Dear Mr. Godwin: My partner, Mr. Stephen M. Cantwell , and I appeared before the South Miami City Commission on May 15, 1984, to discuss the one-way-only traffic on S.W. 77 Terrace between S.W. 57. and 58 Avenues. Our concern was related to our pending purchase of the commercial property at 5725 S.W. 77 Terrace (Dr. Hal Rhea' s dental office building) . At that meeting, Commissioner Carl Schwait stated that he thought the property we were purchasing was zoned RS-3 (Residential) rather than RO (Residential-Office) . It is my understanding that the Zoning and Building Department staffs at City Hall spent substantial time researching this matter during the following two days. On May 17, I talked to Ms . Diana Wheeler and Mr. Gilbert Russe, . and both of these individuals assured me that there was a misunderstanding and that the property is in fact zoned RO. The purpose of this letter is to formally request written confirmation. of the RO zoning on. this property from your office. Since our closing is scheduled for later this month, your earliest attention to this matter would be greatly appreciated. Although -we have not yet moved, we have changed. our company stationery to reflect our new address. Would you please address your reply to 7600 Red Road, Suite 107, South Miami, Florida, 33143. Sincerely, Edward N. Parker ENP: ac cc: Mr. Gus Efthimiou, Jr. , City Attorney; Ms . Diana Wheeler, Community Development Director; Mr. Gilbert Russe, Building Official; Ms. Rosemary Nayman, City Clerk; Mr. William Porter, Mayor; Ms. Betty Andrews Lantz, Vice Mayor; Mr. Leroy Gibson, Commissioner; Mr. James T. Bowman, Commissioner; Mr. Carl Schwait , Commissioner. LINDSEY D. PANKEY, JR., D.M.D., M.S., P.A. practice limited to orthodontics May 23, 1984 Mr. William E. Godwin City Manager South Miami City Hall 6130 Sunset Drive South Miami, Fl. 33143 Dear Mr. Godwin, I appreciated the opportunity to appear before the City Commission of the .City of South 'Miami on Tuesday evening, May 15, 1984. I found the commission to be open and honest regarding my situation here on 77th Terrace. The purpose of this letter is to give you in writing my views and intent in being involved in resolving the problem with the traffic on 77th Terrace plus the parking surrounding our property. I feel that in fairness to all that you should extend to me the same courtesy of communication that you do all other, especially Mr. Edward Corley. The thing -that has bothered me most about this situation is that I feel that you have intentionally kept information from me and other RO owners on 77th Terrace. Due process of law is certainly a right and I will fight to assure its full measure. Understanding this, I would like to arrange a time where we could meet formally and discuss whatever is on our minds as to what lies ahead. I will call your office for an appropriate appointment. Please understand my honest intent is to work with- the entire city. Sincerely yours, Lindsey D. ankey, Jr. , D.M.D. , M.S. LDP/pbl CC: Commissioner James T. Bowman Commissioner Leroy Gibson Commissioner Carl Schwatt Vice-Mayor Betty Andrews Lantz Mayor .William Porter 5712 S.W. 77 Terrace, South Miami, Florida 33143 (305) 666-4642 1 , City of South Miami INTER—OFFICE MEMORANDUM TO: City -Manager - -DATE: May 15, 1984 FR°"" Diana Wheeler SUBJECT: S.W. 77 Terrace traffic study Director, Planning and Zoning Attached please find information pertinent to S.W. 77 Terrace traffic study and traffic count. kNEER . < Cow of South Miami INTER—OFFICE MEMORANDUM TO= City Manager DATE: May 8, 1984 'ROM' Diana Wheeler . SUBJECT: 77 Terrace traffic Director, Planning and Zoning As an update, I have .called Dade County Public Works with reference to, the traffic study on S.W. 77 Terrace. They have informed me that work is progressing and will keep us informed as to, that progress. l I "Oil 111111 Clig of Soufft Miami 6130 Sunset Drive, South Miami, Florida 33143 6675691 January 9, 1984 A Mr. William Powell , Director Dade County Public Works 909 S.E. 1st Avenue Maimi , Florida 33131 Dear Mr, Powell , With the increase of commercial development, the City of South Miami has been experiencing a greatdeal of commercial traffic infiltration through residential neighborhoods. One area of particular concern was brought to the attention of the City Commission at their meeting last month. In response, the Commission requested that a study be made of the area bounded by S.W. 74 Terrace to the north, S.W. 80 Street to the South, S.W. 57 Avenue to the east and S.W. 59 Avenue to the west. The study should include a survey of the existing conditions, a sure �y of the factors contributing to the traffic problem and alternativ6yiw0- correct or minimize the situation. Unfortunately, the City's Planning Department does not have sufficient staff to carry out such a study. We, therefore, request your aid in bringing this important matter to the attention of Dade Countyls traffic study division. Thanking you in advance, Sincerely, Diana Wheeler Director, Planning and Zoning DW:jm "City of Pleasant Living" I _µ, i IF � g- METROPOLITAN DADE COUNTY, FLORIDA PUBLIC W' ORKS DEPARTMENT BRICKELL PLAZA BUILDING FOURTH FLOOR �sr POARI ::� 909 S.E. 1ST AVENUE METRO•DADE �L�,.,�_....: r MIAMI, FLORIDA 33131 March 2, 1984 Y Ms. Diana Wheeler, Director Planning & Zoning 6130 Sunset Drive South Miami, Florida 33143 Re: Traffic Engineering Study Request #52154 Study of Area Bounded by S.W. 74 Terrace, S.W. ,.80 Street, S.W. 57 Avenue and S.W. 59 Avenue Dear Ms. Wheeler: In response to your letter of January 9, 1984, Mr. Jeff Cohen, of our Traffic Engineering Section, met with Mr. David J. Smith of your office on Friday, February 24, 1984, for discussion of the matter. Mr. Smith requested average daily traffic counts at the following locations: S.W. 58 Avenue between S.W. 76 Street & 77 Terrace S.W. 59 Avenue between S.W. 76 Street & 77 Terrace I S.W. 78 Street just west of S.W. 59 Avenue S.W. 79 Street just west of S.W. 59 Avenue Traffic counters will be scheduled for installation on a routine basis and the results of these counts will be furnished to you as soon as these counts are concluded. If you wish to contact our office concerning this matter, please do not hesitate to call. V7ar tr y ours, / C es W. Baldw' Jr. , P.E. Chief, Highway vision CWB/JC/em i I . I »>.o1-3 Amk I . ou of Souni Miami ::130 Sunset Drive, South Miami, Florida 33143 667-5691 i March 9, 1984 Mr. Charles W. Baldwin, Jr. Dade County Public Works Department Brickell Plaza Building 909 S.E. 1st Avenue Miami, Florida 33131 Dear Mr. Baldwin, In response to your letter of March 2, 1984, I want to thank you for your quick response to our request. However, your letter implies that your department only intends to place traffic counters at sites selected by David Smith, of my office, and Jeff Cohen. The placement of counters without a professional evaluation of the findings will be of little use to the City. I do not have the staff to professionally evacuate traffic loads and patterns; therefore, I am requesting assistance from your traffic engin- eeri.ng section to evaluate current conditions and recommend alternatives based on the information provided by the counters. Please advise at your convenience the extent of assistance your department will be able to afford us. Thank you for your assistance. Sincerely, Diana Wheeler Director, -Planning and Zoning DW:jm "City of Pleasant Living" � -,E--N,T—o-F--T RAFFIC TRANSPbRTATION ---METROPOLITAN ..U40F cnuNJY9 FI-0010A VEHICLE COONT RECORD FOR AUTOMaTTC RFCORDERS -OCATIONI SW 57 AVENUE SW 77 TERR BET SW ';,R AVENUE )AYl-' MONC)4Y'---------DATE-: 11/28/83 STATIO',j W, : *aaaaaaaaaaaaaaaaaa #######dt####dtdr#{t#u#{t##u#u#uit it it it it it it u## LANES a a a as a # it 04 4-* 4444*4 0 44 *MACH 0* it it 11-ST --- *SW-'-S'7-'A-VE-NIJE---'--',---**Sw 77 TERP **HFT coq C;R AVENUE Hf)UR *NORTH*SOUTH* N-S EAST* WEST* E-W it it it INTER `BND-w-i30-4-j0TAL--'#----f3NU a RNO it TOTAL it RNO 8ND it TOTAL it TOTAL 5 X19. 14 1,4 0 1 -o2AM rl?-n3AM 03-n4AM ld 4—0 5 KW 5-06AM 2 ll�,-n7AM 4 1 19 n 9 A M (?_ 1 22 43 i')9-104M p S. S 1 112AM#Am 2 2) 1 "1 16 37 I ?-olpm 19 30 4 ) i -n2Pm 11 18 49 P9 )?-03PM 2? )211 41 43 -' )3-04PM f 43 ;531 196 '7-o 5 p m ! 36 . 22 )c;-n6Pm 4 36 80 4 -TIS-67PM 21 20 41 41 ) 7-o8pm 11 41. )9-o9pm 13 'i )q-10 p m ------- 13 25 .38 in-lipm 3 7 11 -12PH 7 5 1 ? 12 r 11)T AL t. 358 379 737 737 4,—MARKS : TAKEN 8Y : ti It wa's brought to the attention of the City Attorney that the City's Planned Development ordinance would require developments, such as Bakery Centre, to charge for parking. Therefore, the following amendment was recommended to the Commission: following the words "required by this ordinance insert "unless specifically authorized or required by ordinance". . . .then continue . . . "provided, however". . . . Amendment was moved by Mayor Block, seconded by Commissioner Porter, and passed by the Commission unanimously, 4/0. Ordinance, as amended, was passed unanimously, 4/0, Vice-Mayor Gibson was absent. RESOLUTIONS: ITEM #6: RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, REQUESTING AND URGING METROPOLITAN DADE COUNTY TO PROVIDE A SECURITY GUARD BETWEEN THE HOURS OF 7:00 PM AND 7:00 AM TO POLICE THE PREMISES AND SECURE THE SAFETY OF SENIOR CITIZENS RESIDING AT SOUTH MIAMI PLAZA, 6701 SOUTHWEST 62ND AVENUE, SOUTH MIAMI, FLORIDA. (COMMISSIONER BOWMAN) This item was removed from the agenda at the request of Commissioner Bowman. He has checked with the proper department, a security guard is on duty, but the residents do feel that he is not visable enough. The City Clerk has verified this information but he would still like the City Manager to follow up on this and make certain the guard is doing all that he is supposed to do. ITEM #7: 1 ° RESOLUTION NO. e-83-5067 A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, APPROVING THE PETITION FILED BY ED CORLEY TO ONE- WAY A PORTION OF SOUTHWEST 77TH TERRACE, TO-WIT: THAT PORTION OF SOUTHWEST 77TH TERRACE BETWEEN SOUTHWEST 59TH AVENUE AND SOUTHWEST 57TH AVENUE; TRAFFIC TO BE IN AN EAST BOUND DIRECTION ON A TEMP- ORARY TRAIL BASIS WHILE A TRAFFIC STUDY IS MADE OF THE AREA. (COMMISSION) Mayor Block announced that pursuant to Resolution No. 83-83-5063 passed by the City Commission there would be a public hearing on this item. He declared public hearing to be in session and read into the record letters reveived from The Burketts, Ms. Rose Massina & Ms . Barbara Raskin all of S.W. 77th Terrace in favor of the request. Also entered into the record was a petition from nine (9) families on S.W. 74th Terrace who noted objection to this request and stated it is their concern that the proposed change will shift additional traffic onto their street. w First to address the Commission was Ed Corley who said the tremendous amount of traffic, including 18 wheel trucks , is an annoyance and hazard to the residents who live on that street. He urged the Commission to make the street one-way to eliminate outside traffic from cutting through the neighborhood on their way to work. If the Commission does deny the request, he asks at least for a cul-de-sac. ITEM V(CON°T) : In answer to Commission, Director of Planning & Zoning Wheeler stated the traffic studies on that street show an amount of cars 737 evenly divided east r bound and west bound. Therefore, to make the street eastbound one-way would cut the traffic roughly in half. **Ms. Claudia Hauri•, 5752 S.W. 77th Terrace spoke to the Commission in favor of the one-eay east bound request for her street. She noted an increased abuse of parkings an increase in traffic and most people are just using street as a pass- through. Her preferance to the traffic problem solution would be a cul-de-sac on the residential/professional portion of the street. **Mr. W.E.Gilctrest of 7610 S.W. 58 Avenue spoke to the Commission stating that one-way for one block would be of help to some, but he urged a complete study from S.W. 73rd to S.W. 80th Street. He then also suggested the following plan to help a larger portion of residents; 58th Avenue from 80th Street to US I one-way North; 59th Avenue same streets one-way South; 76th to 62nd Avenue one-way West and then the two blocks of 77th Terrace one-way East. This should end the area being used as a speedway. **Mrs. Klara' HAuri 7532 S.W. 58th Avenue spoke to agree with the ideas and suggestions of Mr. Gilchrest. **Mrs. Cathy McCann, 5820 S.W. 87th Street, urged the Commission to consider the whole area before they one-way one street. This one-way solution might just move the problem over creating a bad situation in another area. She requested the Commission not to make a decision until they have amply studied the entire area. **Mrs. Mary Margaret Malloy spoke at this time regarding the Manor�Lane traffic problem as she will not be staying until the end of the meeting when this will be discussed. She asked the Commission to close the bridge and keep the fast-moving traffic from her neighborhood. **Mr. Peter Masey, 5789 S.W. 77th Terrace, spoke 'in favor of making the street one-way. The traffic on the street has increased tremendously and the children cannot cross the street without danger. **Mr. Gilcrest again addressed the Commission asking them to table this decision until a study has been made and also he asked to please consider his plan for the m other streets in the area. I Staff reported they had no objection to one-way on a trial basis , say for a six month period. Commission urged that that staff begin a study of this area now and not wait until building on Bakery Centre starts. Commissioner Andrews Lantz said the City could consider the suggestion by Mr. Gilcrest and the City should take steps now for the increase in traffic that is forthcoming. Commissioners Bowman and Porter agreed and Commission requested that when items like this are brought up, maps be provided so that the Commission can better see what is being proposed. Mayor Block said,he.also would suggest a trial basis time. Commissioner Porter said he would, like some feedback at the next regular meeting. Moved by Commissioner Andrews Lantz, second by Mayor Block, that the resolution be adopted and assigned the next number by the City Clerk. CCM -4- 12/06/83 rjn • 1 r ITEM #7 ICON'T) : Moved by Mayor Block to amend after the words 'eastbound traffic be added "on a temporary trial basis while a traffic study is made of the area_ Motion seconded by Commissioner Andrews Lantz and passed unanimously by the Commission 4/0. This has been added to the heading on page 3. Moved by Mayor Block, seconded by Commissioner Bowman, the resolution be amended so that S.W. 77th Terrace be one-way eastbound from 59th Avenue to 57th Avenue (change 58 to 59) . Motion passed unanimously, 4/0. This has been added, page 3. Commissioner Porter suggested another amendment to add one-way S.W. 74th Terrace at the same time so that cars will not go over there. Mayor Block said the idea is a good one, but the residents on that street should have the opportunity to speak before the Commission before this is done. There was no second to this motion. City Attorney said the heading of the resolution would have to be changed to match the amendments just made by the Commission! It was moved by Mayor Block, second by Commissioner Andrews Lantz, that the heading of the resolution be changed in the appropriate places to coincide with amendments made. Motion passed unanimously, 4/0. Vote to pass resolution as amended passed unanimously, 4/0 (Vice-Mayor Gibson absent) . ORDINANCES - FIRST READING: ITEM #8: ORDINANCE NO AN ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING SUBSECTION (4) OF SECTION 14 OF ORDINANCE N0. 2-79-1039, HERETOFORE ADOPTED BY THE CITY COMMISSION PROVIDING FOR THE CONSTRUCTION, OPERATION, REGULATION AND CONTROL OF CABLE TELEVISION SYSTEMS WITHIN ITS TERRITORIAL LIMITS BY: PROVIDING PROCEDURES FOR REQUESTING PUBLIC HEARINGS FOR RATE CHANGES AND STIPULATING HOW OFTEN SUCH REQUEST MAY BE MADE. (COMMISSIONER ANDREWS LANTZ) Moved by Commissioner Andrews Lantz, second by Commissioner Porter, that this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing at the next regular Commission meeting: In answer to Mayor Block, City Attorney Efthimiiou explained that this does change the present ordinance by requiring that a public hearing be held where the present ordinance provides that the City may hold a, public hearing. Commissioner Andrews Lantz said she would like to go on record and she urged the Commission to go on record in opposition to the present rate increase, the whole --' matter, was not handled properly nor was the rate increase justifiable. The City Attorney responded that he has not taken the position that the notification from the cable television company was in correct form and he will be meeting with " he City Manager to see what formal action will be taken. CCM -5- 1 12/06/83 rin —_. Motion on the resolution as amended /was absent. passed unanimously. Commissioner Gibson i The resolution as amended, is as follows : RESOLUTION N0. 86-80-3935 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, SETTING A PUBLIC HEARING BEFORE THE CITY COMMISSION PURSUANT TO SECTION 14-2-4 OF THE CITY ZONING CODE FOR THE PURPOSE OF CONSIDERING A CHANGE IN THE DISTRICTS REGULATIONS OF RO (RESIDENTIAL OFFICE) DISTRICTS WITH REGARD TO ESTABLISHING MAXIMUM BUILDING SIZE OF 3,500 SQUARE FEET AND PROHIBITING THE CONNECTION OF ADJACENT BUILDINGS BY FENCES OR WALLS WHICH WOULD MAKE THE BUILDINGS APPEAR TO BE A SINGLE STRUCTURE PROVIDED HOWEVER, THAT BUILDINGS MAY BE CONNECTED BY A BREEZEWAY; REQUIRING NOTICE OF SAID PUBLIC HEARING TO BE PUBLISHED BY THE CITY AND COPIES OF THE PROPOSED CHANGES TO BE AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. Mr. Moore stated administration needs direction on this matter. Commissioner Porter stated he would move that they not issue this building this is an administrative procedure and the City Commission ane let ttheir feelingstbeed known, but not direct. Vice-Mayor Andrews Lantz stated that administration should have cautioned applicants for permits that this resolution was being considered. Concern-' ing pending applications for permits , Mayor Block advised administration to abide, by the City Attorney's direction and the law. * A five-minute recess was called. i 1 Discussion continued on the permit matter. Mayor Block asked if there ioere any further comments . Commissioner Bowman stated admin�ist ration has to do what the law says. Vice-Mayor Andrews Lantz agreed. Commissioner Porter inquired if, based on what the Commission just passed, the City is precluded from issuing that permit. Mr. Moore stated the passage of this resolution does not affect the permit for Mr. Margadonna, which was started in February, 1980. The City cannot pass ex .post facto lam;.,s . Therefore, the applicant is entitled to mandamus a I c,uesti on. Commissioner Porter noted the resolution states that the City cannot issue a permit, and he would like to go on record as differing with the opinion of the City Attorney. * Item #16, captioned as follows , was considered by the Commission: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 5-4 OF ARTICLE V OF SECTION 1 OF ORDINANCE NO. 20-71-724, HERETOFORE ADOPTED AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, BY ADDING IMMEDIATELY AFTER SECTION 5-4-3.05, A NEW SECTION 5-4-4 ENTITLED "SPECIAL USES PERMITTED" , WHICH NEW SECTION PERMITS PARKING IN RS-4 DISTRICTS UNDER CERTAIN CONDITIONS, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. Moved by Mayor Block, seconded by Vice-Mayor Andrews Lantz, for discussion purposes , that this be considered the first reading of the ordinance in its entirety, and the second reading and i 9 public hearing be set for the City Commission meeting of November 18, 1980. Mayor Block inquired if the landscaping will be sufficient to hide the parking on the upper deck so that the parking facing the residential area will not be seen. -8- 11/4/80, lkm 4rNr� .. -'Y'' Mr. McDowell responded that the vehicle will not be seen from the street ,�"�r, a.tkt when construction is completed. Mayor Block inquired if the 20' landscape buffer is back from the swale ' area or if this includes the swale are. Vice-Mayor Andrew Lantz stated there was a similar matter before the Commission previously, and requested information on what the minutes said. Motion on the ordinance passed unanimously. Commissioner Gibson was absent. * Item #23, captioned as follows, was considered by the Commission: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SUBSECTION .03(c) , (d) , OF SECTION 8-4-2 OF ARTICLE VIII OF SECTION 1 OF ORDINANCE NO. 20-71-724,iHERETOFORE ADOPTED AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, BY CHANGING MINIMUM REAR SETBACKS FOR WHIRLPOOL SPAS FROM 15 FEET TO 12.5 FEET, AND BY CHANGING THE MINIMUM REAR SETBACK WHEN A SCREEN ENCLOSURE OR WALL IS SERVING AS A STRUCTURAL PART OF THE SPA, FROM 15, FEET TO 10 FEET FROM THE LOT LINE, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. Moved by Mayor Block, seconded by Vice-Mayor Andrew Lantz, that this be considered the first reading of the ordinance in its entirety, and the second reading and public hearing be set for the City Commission meeting of November 18, 1980. Motion on the ordinance passed unanimously. Commissioner Gibson was absent. *Remarks: Commissioner Porter thanked the City Manager and Chief of Police for their excellent assistance during the Chamber of Commerce Art Show this past weekend. There were many favorable comments expressed by the participants. Mayor Block added the Commission certainly agreed. * The meeting was adjourned at 9:40 PM. APPROVED: MAYOR AT EST: CITY. CLERK - 9 - 11/4/80 lkm * Item #4, captioned as follows, was considered by the Commission: ORDINANCE NO. 35-80=1094 AN ORDINANCE OF THE CITY Or SOUTH MIAMI , FLORIDA, AMENDING SUBSECTION .03(c) , (d) , OF SECTION 8-4-2 OF ARTICLE VIII OF SECTION 1 OF 'ORDINANCE NO. 20-71-724, HERETOFORE ADOPT D AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF !SOUTH MIAMI , FLORIDA, CHANGING THE MINIMUM REAR SETBACKS FOR WHIRLPOOL SPAS FROM 15 FEET TO 12.5 FEET, AND BY CHANGING THE MINIMUM REAR SETBACK WHEN A SCREENED ENCLOSURE OR WALL IS SERVING AS A STRUCTURAL PART OF THE SPA, FROM 15 FEET TO 10 FEET FROM THE LOT LINE, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. Mayor Block declared the Public Hearing in session and advised anyone wishing to speak for or against the ordinance "to step forward at this time. Mr. Alonso Smith of 6737 S.W. 77th Terrace, addressed the Commission questioning what effect, if any, Grandfather clauses would have to do with this Ordinance. Mayor Block explained the term "grandfathering" that allows someone to do something that they did before. This ordinance would reduce the requirements and make the zoning more liberal . As there was na one else wishing to speak for or against the ordinance, Mayor '.. Block deemed the Public Hearing closed. Moved by Vice Mayor Andrews Lantz, seconded by Commissioner Bowman., that this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City Clerk. Motion adopting the ordinance passed unanimously. * Item 5, captioned as follows , was considered by the Commission: i AN ORDINANCE AMENDING SECTION 5-4 OF ARTICLE V OF SECTION 1 OF ORDINANCE NO. 20-71-724, HERE- TOFORE ADOPTED AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, BY ADDING IMMEDIATELY AFTER SECTION 5-4-3:05, A NEW SECTION 5-4-4 ENTITLED "SPECIAL USES PERMITTED", WHICH NEW SECTION PERMITS PARKING IN RS-4 DISTRICTS UNDER CERTAIN CONDITIONS, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. Mayor Block deemed the Public Hearing in session and advised anyone wishing to speak for or against the ordinance to step forward at this time. Michael J. Freeman, Attorney, addressed the Commission. He is representing a Traviata, N.V. who has purchased property on Bird Road that would be effected by this ordinance. He stated that when Bird Road was widened, it made the lots smaller, from 100 feet wide to 85 feet. This has rude development of the lots difficult, as space must be allowed for the building as well as adequate parking. This ordinance would allow a larger building to be built on the C-3 zoned lot, while -2- 11-18-80 rjp h having the necessary restraints on the developer to protect the residential area. The parking structure would face residential areas , but the view of any cars would be blocked by landscaped berms and trees giving a garden effect. He stated that the passage of this ordinance would allow the development of 4 or 5 blocks along Bird Road and allow the developemnt of the area to be upgraded-., Attorney Freeman asked and received Commission approval to have the architect show renderings of the proposed building. Mr. Octavio Santurio,. A. I .A. , 4100 West Flagler Street, Suite "G" , showed and explained above mentioned renderings and explained the parking concept. Mr. Chuck Harty, 5991 .S.W. 81st Street, addressed the Commission as a represen- tative of the Board of the South Miami Homeowners. He stated that a special meeting had been held by the Homeowners pertaining to this ordinance when it had passed on first reading at the previous Commission meeting, and it is their feeling that said ordinance permits a weakening of residential zoning in the City of South Miami . Mr. Harty then presented to the Commission, petitions objecting to the proposed ordinance signed by 93 area residents. Mr. Harold Margolin, 7530 S.W. 59th Place, wasInext to address the Commission, noting that of the 14 homes he had visited in the area that would be effected, all of the people had signed the petition against the passage of this ordinance. Mayor Block advised those present that this ordinance is an amendment to the Zoning Ordinance, and that anyone wishing to build under "Special Use" would still be required to appear before the Planning Board and the City Commission to have their individual variances considered. Mr. Larry Glickman, 6825 S.W. 63rd Avenue, addressed the Commission voicing his objection to the passage of this ordinance. He stated that this is not the kind of thing he would like to see in South Miami , and that once commercial zoning pushes against residential zoning it does not stop. Mrs. Cathy McCann, 5820 S.W. 87th Street, addressed the Commission also voicing her objection to this ordinance. She stated her f,��eelings are that this ordinance is "tai•for-made" for someone's needs. She further noted that not one person who lives in the City of South Miami had spoken in favor of this ordinance. She stated that on the onset, the park-like setting to camouflage the parking area sounds fine, but that it is usually not maintained unless area residents do a lot of complaining. Michael J. Freeman, Attorney, again addressed ithe Commission for clarification that the passage of this ordinance does not mean that the building his clients have had designed will be automatically built, and he would like the opportunity to have .himself and the architect for the project speak to residents of the City and further explain what is proposed. No one else wishing to speak for or against the ordinance, Mayor Block deemed the Public Hearing to be closed. Moved by Mayor Block for purposes of discussion, that this be considered the final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City Clerk. Motion seconded by Commissioner Bowman. Mayor Block asked if there was any further discussion and said that he would like to point out, that this ordinance actually does pertain to the development of Bird Road. Vice Mayor Andrews Lantz had previously requested history relative to the -3- 11-18-80 rjp parking and special uses on Bird Road and, on April 25, 1'972, the Planning Board asked the City Commission to set up a residential single family district as a transitional use for parking. At that time, the City Commission had turned down the request because it effected property other than RS-4. Motion on the ordinance was unanimously defeated. * Item #6, captioned as follows , was considered by the Commission: AN ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING SUBSECTION 1 OF SECTION 3, OF ARTICLE XII OF SECTION 1 OF ORDINANCE NO. 20-71-724, HERETOFORE ADOPTED AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, BY ADDING TO SAID SECTION PROVISIONS FOR AN ADDITIONAL PANEL OF THREE (3) ALTERNATE MEMBERS OF THE PLANNING BOARD, PROVIDING FOR THEIR METHOD AND MANNER OF APPOI-NTMENT, SELECTION, TERM OF OFFICE, DUTIES AND OBLIGATIONS WHEN SERVING IN PLACE AND STEAD OF A REGULAR MEMBER, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. Mayor Block deemed the Public Hearing to be in session, and anyone wishing to speak for or against the ordinance to step forward at this time. Mrs. Cathy McCann, 5820 S.W. 87th Street addressed the Commission in opposition to this ordinance. After noting the attendance .record of the Planni.ng ' Board members over the past year, she stated that, rather than passing this. ordinance, it would be better to make sure that people appointed to serve on the Planning Board could and would be able to attend the meetings. She mentioned that perhaps summer. vacations should be taken into consideration for the Planning Board .as it is for the Commission, and to have alternate members serving once-in-a-while would break the continuity of the Board. She suggested that since it is the Commission who appoints members to serve on the Planning Board, then if there is someone who cannot attend meetings , the Commission could request their resignation. Mr. Chuck Harty, 5991 S.W. 81st Street, addressed the Commission also voicing . his objection, stating that similiar ordinances had been brought up and defeated before. He stated that there are people who can and would serve on the Board, and in the summer, some sort of vacation schedule could be worked out. His main concern with the appointment of alternates is the continuity of the Board, and they must have this to have the character and manner of feeling for the community. He closed his remarks by stating that they would also pertain to the next agenda item, #7, pertaining to the appointment of alternates for the Environmental Review Board. No one else caring to speak for or aqainst the ordinance, Mayor Block deemed the Public Hearing closed. Moved by Commissioner Porter, seconded by Vice Mayor Andrews Lantz, that this be considered the final reading of the ordinance in its entirety, and it be adopted and assigned the next number by the City Clerk. In answer to the Mayor' s question of Commission remarks , Commissioner Porter, stated that although this was his ordinance, he plans to vote against it. He prev- iously had another ordinance which if adopted, would automatic4lly re est the re- signation of Planning Board members who continuously miss meetings , ar�� a similiar -4- 11-18-80 rip �i I I,, Defeated ORDINANCE NO. C.C.M. 11-18-80 AN ORDINANCE. OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 5-4 OF ARTICLE V OF SECTION 1 OF ORDINANCE NO. 20-71-724 , HERETOFORE ADOPTED AS THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH .MIAMI, FLORIDA, 'BY ADDING IMMEDIATELY AFTER SECTION 5-4-3. 05, A NEW SECTION 5 74- 4 ENTITLED "SPECIAL USES PERMITTED" , WHICH NEW SECTION PERMITS PARKING IN RS-4 DISTRICTS UNDER CERTAIN CONDITIONS, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. i BE IT ORDAINED BY THE MAYORIAND CITY COMMISSION OF i THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 5-4 of Article V of Section 1 of Ordinance No. 20-71-724 , heretofore adopted as the Official Zoning Ordinance of the City of South Miami, Florida, be, and the same is hereby amended by adding immediately after Section 5-4-3 . 05, the following new Section, to-wit: "5-4-4 SPECIAL USES PERMITTED . 01 Parking as a transitional use on lots where the rear property line directly adjoins 'C-3 ' Arterial Commercial Zoning, provided that: (a) A Unity of Title shall be provided which shall forever join the ' RS-4 ' property to the adjoining 'C-3 ' property. (b) No driveways shall be permitted on any side, facing property zoned and used for single family residential '. purposes. (c) A minimum twenty (20) fo�t landscaped buffer shall be provided along all sides facing property that is zoned and used for single family residential purposes. Said buffer shall be heavily planted, all plants to' be Florida Grade #1 or better, including a minimum of one (1) tree for every twenty (20) feet, or portion thereof, of lot frontage. At least 75% of said trees, shall be a minimum of fourteen (14) feet tall at the time of planting. In addition, a continuous visual buffer of hedges, decorative walls, berms or any combination thereof shall be provided. Said -visual- buffer shall be such that no, vehicles shall be visible from the adjacent street at the time construction is completed. (d) The minimum side setback for sides not facing property zoned and used for single family residential purposes shall be ten (10) feet except that the side corner setback shall be not less than fifteen (15) feet. i t i "(e) The rear setback requirement on the property zoned . 'C-3 ' and on property zoned 'RS-4 ' shall be zero (0) , provided that under no circumstances shall any portion of the principle commercial structure encroach upon the property zoned 'RS-4 ' . Further, provided that the adjoining 'RS-4 ' property, upon which parking is to be allowed, is a minimum of one hundred (100) feet deep, otherwise " the normal rear setbacks will apply. (f) Structural parking shall be permitted provided all required setbacks are met, and provided that the upper deck elevation shall be no more than four (4) feet six (6) inches above the established sidewalk elevation. The interior landscaped islands normally required for ground level parking shall be provided. Said islands shall be cut through the upper parking deck and trees shall be planted in the ground so that they extend through the upper deck a minimum of eight (8) feet. Further, a landscaped berm shall be provided along all sides of the parking structure, that face property zoned and used forisingle family residential purposes, to minimize the visual impact of said structure. (g) Applicant shall provide thel City with such other agreements and legal documents that the City Attorney may require. " Section 2 . This Ordinance shall take effect immediately at the time of its passage. PASSED and ADOPTED this I day of , 1980 . APPROVED: Mayor Attest: City Clerk Passed on first reading: 11/04/80 Passed on second reading: