01-09-07 AgendaSouth Miami
All- America City
1�
2001
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: January 9, 2007
Next Regular Meeting date: January 23, 2007
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 - 6340;. Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before
engaging in any lobbying activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who are retained (whether
paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and
selection of professional consultants, and virtually all- legislative, quasi -
judicial and administrative action. It does not apply to not - for - profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation (s) 7:00 p.m.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of December 5, 2006
b) Minutes of December 19, 2006
2. City Manager's Report
(NONE)
REGULAR CITY COMMISSION 1
AGENDA - JANUARY 9, 2007
3. City Attorney's Report
(NONE)
UNFINISHED BUSINESS
ORDINANCE (S) FIRST READING
4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING SECTION 20 -8.16 RELATING TO
_UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A
DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY
OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(From meeting of 12119106)
(City Manager)
PUBLIC REMARKS
CONSENT
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A SERVICE WORK ORDER TO SANTANA'S LAWN
SPRINKLERS, CORP. FOR IRRIGATION SYSTEM REPAIR AT PALMER
PARK BASEBALL FIELD IN AN AMOUNT OF $13,100 TO BE
CHARGED TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANT ACCOUNT NUMBER 001 - 0000 - 131 -2221;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER
TO SANTANA'S LAWN SPRINKLERS FOR IRRIGATION SYSTEM REPAIR AT PALMER PARK
BASEBALL FIELD IN AN AMT OF $13,100 TO BE CHARGED TO THE FL RECREATION
DEVELOPMENT ASSISTANCE PGM GRANT ACCT W /CURRENT BAL$33,915.85)
(City Manager)
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURRSE $4,924.52 FROM THE POLICE DEPARTMENT'S FEDERAL
FORFEITURE FUND; OTHER USES /MISCELLANEOUS ACCOUNT $# 615-
1910- 521 -9960; FOR REPAIR OF THE VIDEO /AUDIO RECORDING
EQUIPMENT INSIDE THE SURVEILLANCE VAN; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURRSE $4,924.52 FOR
REPAIR OF THE VIDEO /AUDIO RECORDING EQUIPMENT INSIDE THE SURVEILLANCE VAN
FROM THE POLICE DEPT'S FEDERAL FORFEITURE FUND; OTHER USES /MISCELLANEOUS
(City Manager)
REGULAR CITY COMMISSION 2
AGENDA - JANUARY 9, 2007
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING FRANK CUZZOCREA, A RESIDENT OF
THE CITY OF SOUTH MIAMI, TO SERVE ON THE BOARD OF
TRUSTEES /POLICE OFFICERS RETIREMENT TRUST FUND FOR A TWO
YEAR TERM ENDING JANUARY 08, 2009; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING FRANK CUZZOCREA- TO SERVE ON THE BOARD OF
TRUSTEES /POLICE OFFICERS RETIREMENT TRUST FUND FOR A 2 -YR TERM ENDING
01/08/09)
(Mayor Feliu)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES;
AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND,
L.L.C. FOR A TEN YEAR RENEWAL TERM, WITH A AUTOMATIE
RE AN OPTION TO RENEW FOR AN ADDITIONAL FIVE
YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE FEE
AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR
STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING
SERVICES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 4/5
(City Manager)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE;
AMENDING SECTION 1OA -45 OF THE CITY'S CODE IN ORDER TO
REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON
SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN
CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE
PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY
AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE
PROPER REVIEW AND DRAINAGE; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CERTIFICATES
OF OCCUPANCY; AMENDING SECTION 20 -5.16 RELATING TO
UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO
PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION 3
AGENDA - JANUARY 9, 2007
RESOLUTION (S) /PUBLIC HEARING (S)
11. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
THREE VARIANCES FROM SECTION 20- 3.5(E) �OF THE LAND
DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF
A TWO STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT
6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;
THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW
THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQUARE
FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE FEET IS
REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS
REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE
YARD SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE
10 FEET IS REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE
FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE
FOOTAGE (1000) AS THE FIRST FLOOR WHERE THE MAXIMUM
SIZE OF THE SECOND FLOOR IS TO BE LIMITED TO 60% OF THE
FIRST FLOOR SQUARE FOOTAGE; PROVIDING FOR AN EFFECTIVE
DATE. 4/5
(A RESOLUTION FOR 3 VARIANCES FROM SEC. 20- 3.5(3) OF THE LDC TO ALLOW THE
CONSTRUCTION A 2 -STORY SINGLE FAMILY HOME AT 6350 SW 60 AVE; (1) A
VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQ FT WHERE
A MINIMUM OF 6000 SQ FT IS REQUIRED AND 47 FT OF FRONTAGE WHERE 60 FT IS
REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE YARD SECOND STORY
SETBACK TO BE 9 FT 9" WHERE 10 FT IS REQUIRED; (3) A VARIANCE TO ALLOW
THE SQ FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE FOOTAGE (100 %) AS
THE FIRST FLOOR WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO BE
LIMITED TO 60% OF THE FIRST FLOOR SQUARE FOOTAGE)
(City Manager)
12. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY
SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6016 SW 63
STREET, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE
FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10
INCHES WHERE A MINIMUM OF 25 FEET IS REQUIRED;
PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR VARIANCES FROM SEC 20- 3.5(3) OF THE LDC TO ALLOW THE
CONSTRUCTION OF A 1 -STORY SINGLE FAMILY HOME AT (5016 SW 63 ST; THE
VARIANCE REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FT 10" WHERE A
MINIMUM OF 25 FT IS REQUIRED)
(City Manager)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20- 3.3(D) OF THE LAND DEVELOPMENT CODE FOR A
REGULAR CITY COMMISSION 4
AGENDA - JANUARY 9, 2007
SPECIAL USE
APPROVAL TO LOCATE
AN ANIMAL
HOSPITAL
FACILITY IN THE "GR" GENERAL RETAIL
ZONING USE
DISTRICT
SPECIFICALLY
LOCATED AT 6394
S. DIXIE
HIGHWAY;
PROVIDING FOR
AN EFFECTIVE DATE.
4/5
(A RESOLUTION FOR
A SPECIAL USE APPROVAL TO
LOCATE AN ANIMAL HOSPITAL
FACILITY IN THE
"GR" GENERAL RETAIL ZONING
USE DISTRICT
SPECIFICALLY
LOCATED AT 6394 S.
DIXIE HWY)
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE
FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE, FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
COVERAGE ON SW 74' STREET; (2) ALLOW A BUILDING TO
EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED
ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE
HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY
GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT
TO PERMIT SPECIAL EXCEPTIONS OF THE LDC (1) TO ALLOW A, TOTAL LOT COVERAGE
OF 26,833 SO FT WHICH EXCEEDS THE MAX 60o LOT COVERAGE ON SOUTH DIXIE
HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74th ST; (2) ALLOW A
BUILDING TO EXCEED THE MAX PERMITTED BUILDING SO FOOTAGE OF 20,000 SO FT;
(3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COT ALL FOR PROPERTY LOCATED
AT 5966 -70 SO DIXIE HWY) 4/5
(Deferred 12119106)
(City Manager)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF
A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-
5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE
REPLACEMENT OF WINDOWS IN A SINGLE FAMILY RESIDENCE
LOCATED AT 6250 MILLER ROAD WITHIN THE CAMBRIDGE LAWNS
HISTORIC DISTRICT; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS
FOR THE REPLACEMENT OF WINDOWS IN A RESIDENCE LOCATED AT (5250 MILLER RD)
(City Manager)
REGULAR CITY COMMISSION 5
AGENDA - JANUARY 9, 2007
RESOLUTION (S)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE
OF A GRANT OF $8000 FROM THE VILLAGERS, INC. FOR THE
PLACEMENT OF HISTORIC MARKERS (CORAL ROCK PILLARS)
INDICATING THE LOCATION OF THE CAMBRIDGE LAWNS HISTORIC
DISTRICT; AUTHORIZING THE CITY MANAGER TO ADVANCE
FUNDING FOR CONSTRUCTION OF AND PLACEMENT OF THE
HISTORIC MARKERS; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE ACCEPTANCE OF A GRANT OF $8000 FROM THE
VILLAGERS FOR THE PLACEMENT OF HISTORIC MARKERS INDICATING THE LOCATION OF
THE CAMBRIDGE LAWNS HISTORIC DISTRICT; AUTHORIZING THE CITY MANAGER TO
ADVANCE FUNDING FOR CONSTRUCTION OF AND PLACEMENT OF THE HISTORIC MARKERS)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
(Cont'd)
17. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM
DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT
APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES;
AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC
MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION. OF TWO -
STORY HOMES FOR THE EIGHT MONTH PERIOD TO COMPLETE THE
STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND
CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS;
AND EXPANDING THE POWERS OF THE ERPB BY AMENDING THE
LAND DEVELOPMENT CODE SUBSECTION 20 -6. 1 (C) (3) (f) ;
PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN;
EFFECTIVE DATE. 3/5
(Vice Mayor Wiscombe)
REGULAR CITY COMMISSION 6
AGENDA - JANUARY 9, 2007
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE
NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES
PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR
SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE
ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS
PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES. NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 7
AGENDA - JANUARY 9, 2007