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02-21-062001 CITY COMMISSION AGENDA City Commission Meeting Meeting date: February 21, 2006 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: March 7, 2006 Phone: (305) 663 -6340 Time: 7:30 PM T.� �r,C " z �- „�;. C'„,,:...., ;2�i�. ,»,. �,r3`"„g•"';�.aar�m as a °��.. .. "�r,,,�„��r ": "'�i?;a.... ',r`'u»"�;..' 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 I 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. �u .� Y F; _., , , , .. ,3xb, ..:ri• .. .. t''4�) •) ” ; �efttc . �n°�,{a iA CALL TO ORDER: A. Roll Call: B. Invocation• C. Pledge of Allegiance; D. Presentations) 7 :00 p.m. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes (NONE) 2. City' Manager's Report: a) Expenditure Report for Hurricane Wilma REGULAR CITY COMMISSION l• AGENDA - February 21, 2006 ra >,.,"`.. • ..: n.- , ,,;, � -�., . -:ter `'r.,, -�• , -mow ;�?":'? -,, .ra.° "mom - cry!.. 'r�` , : ,�'^' ;;: r,a?°-.a- � a-- vra:- :..rte' *�i y,- `.::",'F i 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF EMERGENCY EQUIPMENT FOR THE EIGHT NEW POLICE VEHICLES IN AN AMOUNT NOT TO EXCEED $29,382.40 FROM FLORIDA POLICE PRODUCTS USING FUNDS APPROVED AND ALLOCATED IN THE 2005 -2006 BUDGET, FROM ACCOUNT NUMBER 001- 1910 -521- 6430 POLICE DEPARTMENT OPERATING EQUIPMENT PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE PURCHASE OF EMERGENCY EQUIPMENT FOR THE (8) NEW POLICE VEHICLES '> IN AN AMT NOT TO EXCEED ;$29,382.40 FROM FL POLICE PRODUCTS USING` FUNDS APPROVED AND ALLOCATED IN THE 05 -06 BUDGET, FROM THE POLICE DEPT OPERATING EQUIPMENT:' ACCT W /CURRENT BAL$49440.16) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (NONE) RESOLUTION (S) /PUBLIC HEARING (S) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR THE FOLLOWING: (1) A VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 9,508 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND (2) A VARIANCE FROM SECTION 20 -3.5G TO PERMIT A FRONT SETBACK TO BE 10 FEET WHERE A THE REQUIRED FRONT SETBACK IS 20 FEET, ALL ON PROPERTY LOCATED AT 5820 BIRD ROAD, SOUTH MIAMI,' FLORIDA, WITHIN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY BUILDING; AND PROVIDING FOR AN 'EFFECTIVE DATE. 4/5 (A RESOLUTION RELATING TO A REQUEST FOR (1) A VARIANCE OF THE LDC TO ALLOW THE LOT SIZE OF A BLDG SITE TO BE 9,508 SQ'FT, WHERE THE MINIMUM IS 10,000; AND, (2) A VARIANCE TO PERMIT A FRONT SETBACK TO BE 10 FT, WHERE' THE REQUIREMENT IS 20 FT; ON PROPERTY LOCATED AT 5820 BIRD RD; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION' OF A 2- STORY BLDG) (City Manager) REGULAR CITY COMMISSION 2 AGENDA February 21, 2006 RESOLUTION (S) 6. A RESOLUTION OF THE MAYOR AND -CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD CASE NO.- ERPB -05 -081 REGARDING THE APPROVAL OF A SITE PLAN FOR AN OFFICE BUILDING IN A "RO" RESIDENTIAIa OFFICE ZONING DISTRICT LOCATED AT 6230; SW 70 STREET; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO AN APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD CASE NO. ERPB -05 -081 REGARDING THE APPROVAL OF A SITE PLAN FOR AN OFFICE BUILDING IN A "RO" RESIDENTIAL OFFICE ZONING DISTRICT LOCATED AT 6230 SW 70 ST) (City Attorney) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA' TO ADD SECTION 20.3.6 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR - PERMANENT' GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE. DATE. 3/5 (City Manager) 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. REGULAR CITY COMMISSION 3 AGENDA - February 21, 2006 lV 7'.- ^,sa'...,'��ro'",2.,s 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 CONSTITUTES 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 4 AGENDA - February 21, 2006 h C'i t, f S th M' " yo ou iami Hurricane Wilma Estimated Recovery Expenses as of 2/14/06 VENDORS SUPPLIES /SERVICES /FEES /OVERTIME COST* Miami Dade County Tipping fees (As of 10/30/05) *Estimate : $376,142:00 Department of Public Works Overtime (As of 12/04/05) $57,418.41 Other Departments Overtime (As of 12 /04/05) '$4,116.95 Police Department Overtime (As of 12 /04/05) $89,621.94 Ace Lawnmower Service Chainsaws $5,083.86 Safety Products, Inc. Supplies - gloves, gatorade, medicine) 1 $304.66 Amerilumber Rakes - (for debris removal due to Wilma) $40.47 Best Equipment & Repair, Inc. Water pump rental $186.25 RB Grove Electrical Work $628.00 Contractors: T. J. Pavement Citywide debris removal(As of 12 /14/05) $541;220.00 Jewett Heavy Equipment Citywide debris removal(As of 12/14/05) $55,907.01 Salman Landscape Services Citywide debris removal(As of 12/14/05) $5,750.00 South Florida Maintenance Citywide debris removal(As of 12 /14/05) $94;139.48 DACA Environmental Citywide debris removal(As of 12 /14/05) $397,767:50 BFI Citywide debris removal(As of 12 /14/05) $60;745:69 U.S. Lawns of So. Dade Citywide,debris removal(As of 12/14/05) $20,000.00 Superior Landscaping & Lawn Citywide debris removal(As of 12 /14/05) $28,000.00' Native Tree ` City parks tree trimming and removal/storm-clean: up $21,031.92 Hooligans Food $4,940.00'1 Chuck's Coffee Shop Food $264.00' Shorty's Food $551.40 Big Cheese' Food $378.75' Petty; Cash Groceries $1,084.92 Cool Tech Solutions Plumbing for Ice Machine $775.00'. Tropic Supply Ice Machine $8,587.00 Able' Sanitation Port o -lets '$245.95, Martronics Batteries $283.68, Martronics Batteries $506.881, Zephyrhills Water $447.501 Benson Electric Electrical' Work for the Ice Machine *Estimate $880.34 Benson Electric Electrical Work for the Ice Machine *Estimate $150.75', Omar & Sons Repair for power outage $687.75 I, BV Oil Fuel for generators, heavy equipment & trucks (24hrs) $13;411.92:1 Home Depot Refrigerator $129.0011 D'adeland Air Conditioning Replacement of New Trane Package - Police Dept. $3,500.0011, Metro Trckm� two, ** " Crushed lime rock /Road restoration $4,964.84 Grand Total $1,799,953.76 *:Estimated expenses to -date: 2/14/2006 ** New expense r -tea . -- ror r. umnose uruer , VENDOR: or �U.Q--Kt n v . DATE: o 0 FM PURCHASING 707T ADDRESS: o o 5ao 3 DESLRIP7KJNAMD REClFlCAMM ACCOG'NT i;i�rni (o r► dam 33 S CONF'IRWTION 1epe:4 _ I 3 Cantsa =me. _ eAxz RP ` l G M .DELIVER Tt: [� 4795 SW 75 Avawe 0 6130 NW 71 Sprat �U' DELIVERY DATE: ASAP Tt+1FURMATIOiN TO BE IrU MSMM BY DEPAR'iMW FM PURCHASING 707T TTkf tools DESLRIP7KJNAMD REClFlCAMM ACCOG'NT ilNl?'Pt? E W'rAt COST a4aaeA . 19 .(Oct 14 33 3 ttJs 6 q9 1100 G 'WDuscniption: (Vch. #, for whorm, etc. ) s* *# A & *Aittdch 3 quotes For4a-la--X purcha scs over $200.0 and tlotQi and Resolution for rjurchams over ttF X ("TaN MAT IM ABQVE MA'MRAAI FQI,,Q • cXXM OF ACCOUNTS AMOVIC PURCHASES AS ABOVE APPROVED ANDISSUANCH OF CENT, (a SPAVIC£ N ESSPMA4 AND A PROFER REQUEST P[JRCkIASE ORDER Aid (HpR1TED IGAINST THE CoMs CI�i GED. SIIMMNCY OF AL1'kCIR TIOK &ALANC U VOWED (ZXC$FT AS O'rMRWM NO=) HEAD OP ARW&&n'.. PRAM ARZ aw MYMANAGER, C:t)Ep,r Q6B x r @ . METRO TRUCKING CO. ` - _ � 079699 P.O. BOX 5204$3 MIAMI, FL 33152 PHONE (305)824 -1423 FAX(305)824-1243 Saiesperson I + ✓o6U Jz e y2 /U2 /yi�v5 "h' .CITE' OF v. MIAMI 21,13TUIC W i'E. DE'Pi . ViNPUBLIC WORKS 7 4795 SW 5 AV `roa 4795 S , —5 AVE WHR ; "Lax Exempt �N3-19-3-Z489654C w , uh {d Shipped � r �o n Order io F n ` L818 I 5787 s � uan'UtIf b script onn Unit Price Am aunt �� -- ��•�aa�-��_ •. ��.. e��.•�� ,�- �� -�._ ��— � ins, 130.90 l<i 12/02/2005 ""RUSHED LIME ROCS ! a 10.95 ; 1433.36 r k DEPT. a W> -�-C� I A LATE CHARGE 1.5% per month (18% ANNUAL PERCENTAGE RATE) is ehargA on 30 day past due balances. You may held responsible for legal fees and costs at the trial court or in appeal I if legal action is required for collection. j C-1 I € I i METRO TRUCKING CO. ,I -h 0 7 9 7 P.O. BOX 520483 MIAMI, FL 33152 _ PHONE (305) 824 -1423 FAX (305) 824 -1243 I 12/02/2005, 'c.,,QITY OF S. MIAMI PUBLIC WRK. DEPT. SH[i.-PUBLIC WORKS 4705 SW 75 AVE T(-!,: 4795 SW 75 AVE MIAMI WHR S MIAMI, FLORIDA 331:55- Iax Exemp-l-L #23- 19- 32489654C r ucaun} No �Yt Shipped SENp red Via is , RP. F.C.B. Point i Tearrrts �jYo uE Order No. i Isis ( 6787 - - — L c rrp �o 322.51 TN�.,12/mow,' 4005 �CRUSHED LIME ROCK 3531.43 i 4 _ P p '3 1e�✓ L IFT'CL (i i 3.� � E i I I Y �0 01 0 ; I A LATE GHARG OF 41.59%pe. onth (18 %ANNUAL PERCENTAGE RATE) is chargec�jon 30 day ° `r o past due balances. You may be held responsible for legal fees and costs at the trial court or in appeal if legal action is required for collection. T �f 17',L 3 5 31^• 4 8 1 1 South Miami bcftd Alwhileftch h � CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor Date: February 21 2005 and City Commission From: Maria V. Davis Ageridat Item # -s4 City Manager - 1 T' Re: Purchase of Emer ncy Equipment for 2006 Police I eparti ent Vehicles RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING ,THE PURCHASE OF EMERGENCY EQUIPMENT FOR THE EIGHT NEW POLICE VEHICLES IN AN 'AMOUNT NOT TO EXCEED $29,382.40 FROM FLORIDA POLICE PRODUCTS USING FUNDS APPROVED AND ALLOCATED IN THE 2005 -2006 BUDGET, FROM ACCOUNT NUMBER 001- 1810 - 521-66430 POLICE DEPARTMENT OPERATING EQUIPMENT; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On December 6, 2005, The City Commission approved ordinance number 45-05 -1867 for the purchase of eight 2006 police vehicles. These vehicles require the purchase and installation of emergency equipment for their use as emergency vehicles. This emergency equipment was also approved as part of the 2005 -2016 budget. We received bids on the equipment from three companies. Florida Police Products provided the lowest bid of $3,672.80 per vehicle, for the equipment and its installation. Florida Police Products $ 3,672.8u Emergency Vehicle Supply $ 4,064.09 D &R Electronics /Code 3 Technology $ 3,732.00 Funds for this expenditure are reflected in the approved 2005f20a6 budget in account code 001 -1010 -521-6430. The current balance on this account is $ 49,440.16, Current Balance $ 49,440.1`6 This Purchase 29x382.40 New Balance $ 20,057.76 RECOMMENDATION. We recommend that the City Manager be authorized to disburse $29,382.40 to Florida Police Products for emergency equipment for Police Department vehicles. :� —•.:� �km:'"+el x'T°.r, ,.- ,�'%,t'mF"k ±'d,?'� ,'"'w„�z"�..�,"g".;�F€ -, ;- ..�",:°;m3`",'saC F'.,% sr'c" ,. is 'I"^.i!`'�P.'S:IS'�`'„."', u"'94z'.;`%'Y.v'^.'s "§ .5: SOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF EMERGENCY 5 EQUIPMENT FOR THE EIGHT NEW 'POLICE VEHICLES IN AN AMOUNT 6 NOT TO EXCEED $29,382.40 FROM FLORIDA POLICE PRODUCTS USING 7 FUNDS APPROVED AND ALLOCATED IN THE 2005 -2006 BUDGET, FROM 8 ACCOUNT NUMBER 001- 1910- 521 - 6430 POLICE DEPARTMENT OPERATING 9 EQUIPMENT, PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, ; emergency equipment, such as lights and sirens, is needed for the operation of 12 police vehicles responding to emergency calls for service; and 13 14 WHEREAS, this emergency equipment provides for the safety of the police officer and the 15 people in the area where police vehicles are running in emergency mode; and 16 17 WHEREAS, the need for our police vehicles to be able to respond quickly and safely to our 18 citizens calls for emergency service requires this equipment; and 19 20 WHEREAS, Florida Police Products gave the lowest bid of three companies for the emergency 21 equipment. 22 23 NOW,' THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 24 OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Seel the City Manager is authorized to disburse the sum of $29,382.40 to 27 Florida Police Products for the purchase of emergency equipment for Police Department vehicles. 28 29 Se`ctiaa 2. That the disbursement be changed to account number 001 - 1010 -521 -6434 that 30 has a current balance of $49,444.16. 31 32 Section 3. That this resolution shall be effective immediately upon adoption. 33 34 PASSED AND ADOPTED this day of , 2006. 35 36 ATTEST: APPROVED: 37 38 39 40 CITY CLERK MAYOR 41_ 42 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 43 Mayor Feliu: 44 Vice Mayor Wiscombe 45 Commissioner Palmer: 46 CrIYATTORNEY Commissioner Birts- Cooper: 47 Commissioner Beckman; 48 49 CADocuments and 3eWngsVAcke My Documents @Ward DmumentsUt" oludonEmergeneyvehioleEquipment.d ©c Feb 15 2006 4:41PM HP LASERJET FAX 305- 642 -1913 P.1 TERMS SALES ORDER FLORIDA POLICE PRODUCTS DATE S.O. # 701 N.W. 36TH AVE, MIAMI FLA. 33125 TEL: (305) 642-3100 FAX; (305) 642.1913 2/14/2006 1478 CUSTOMER SOUTH MIAMI POLICE DEPT. ATTN: LT. DAN SALERNO P.O. NO. TERMS REP TBD NET 30 RC ITEM DESCRIPTION QTY EACH WHELENSPEC # LIBERTY LED LIGHTSAR WITH 108 6 '- 1,295.00 LE.D.'S l'2 ALLEY LIGHTS /2 TAKE DOWN LIGHTS / TRAFFIC ADVISOR WHELENSPEC # 29SHFSAG SIREN / LIGHT CONTROL 8 325.00 WITH MICROPHONE WHELENSPEC # BA314P SPEAKER 100 WATTS 8 120.00 WHELENSPEC # SABKTSPEAKER MOUNTING BRACKET 8 0.00 COMMENT DC / AC POWER INVERTER 8 45.00 COMMENT BATTERY SAVER 8 69.00" STROBEPAK4 ` 4 STROBE KIT /4 CLEAR STROBES /4 8 209.00 CABLES / 60 WATT WITH 6 PORTS LEDPHANTHOM RED / BLUE MINI PHANTOM FRONT DASH 8 129.95 LIGHT LEDPHANTHOM RED / BLUE MINI PHANTOM REAR DECK 16 129.95 LIGHT WHELENSPEC #SSFPOSCG HEADLIGHT FLASHER WITH 8 44.95 QUICK DISCONECT PLUG INSTALLATION FEE FOR INSTALLATION OF ABOVE 8 650.00 EQUIPMENT INCLUDING CUSTOMER SUPPLIED MOTOROLA RADIO COMMENT CENTER CONSOLE FOR BALANCE OF $ 525.00 VEHICLES CREATING LOYALTY THROUGH CUSTOMER SERVICE TOTAL� 3S2.7v Page 1 & R Electronics /Code 3 Technology Pr s .. DATE 2/1/2006 75 NW 166 Street Quotation # 35.0 Miami, FL 33189 Phone (305) 948 -8969 fax (305) 948 -8660 Quotation For: t p South Miami Police Department 6130 Sunset Drive South Miami, FL 33143 Phone: (305) 663 -6301 Fax : (305) 663 -6353 ATTN: Lt. D. Salerno Comments or Special Shipping & Handling to be determine at the time of actual shipping. Instructions: All warranties as per manufacturers requirements Warranty on labor 1 year Limited 7 783ntimidator rd Gen LED Lightbar w/LED traffic Advisor 1,190-00 Light & Siran Control System 590.00 8 100 waft speaker wlbracket 120.00 8 Headlight Flasher 45.00 " 8 LED Map Light Red 40.00 K B Triple 12V Power accesory outlet 20.00}. = 8 Computer Mount Spring Loaded 235.00 ' r 8 Universal Laptop Tray 36.00 •� , , 8 29 Inch Floor Mounting Plate 75.00 8 Leg Kit for Police Interceptor 8 14 Inch Console 170.00�pl: 8 Watchdog Power Control Unit 85.00 8 Cobra 8-LED Windshield L.i ht Red/Blue g 155.00 -.yr • 16 Cobra 3 LED, Light Module Red /Blue XdL 156.00 6?/ 8 Installation for above 330.00 73z do SUBTOTAL Shop Charge 8.00®% Shop Charge OTHER TOTAL „ =: I o o.� If you have any questions concerning this quotation, contact Mike Hemsley or Frank Garcia, Tel. 305 948 8969 THANK YOU FOR YOUR BUSINESSI I S 6W f 1QU A� -900,4001 -09 Orlando Martinez de Castror 6130 Sunset Drive ; CHIEF OF POLICE South Miami; Florida 33143- 5093 Tel: (305) 663 - 6357 • Fax: (305) 663 -6337 May 5, 2005' Emergency Vehicle Supply 4661 Johnson Road Suite l Coconut Creek, FL 33073 Dear Sir, I am requesting quotations on the below listed equipment for our 2005/06 budget. You should specify the Make and Model quoted. If you need any further information please call me at 305- 663 -6309. 8 Strobe Light Bars and LED Light Ears 8 Siren Speakers w/Brackets S Headlight Flashers S Tail Light Flashers 8 Littlelite for computers 8 3 Cutlets 8 Corner Strobes 8 Center Consoles 8 Mounts and Fads S Charge Guard 8 Inverter 8 Cages 8 Trunk Boxes 8 Dish Strobes or LED lights Installation of the above; equipment and police radio with antenna Thank you for your assistance. Lieutenant Daniel Salerno Services Division .,,�;r ... ,:. �<,� -,:.r- „ �,*;.,, r...* -�."?r- -a-�. :a �b '�. " .- �^�;'�'n�' 3'�°,,�i,.^v ^.,'� . ,= ..;�'^�"m , w }<` w. e�„".,� .^+�: za�i,•s � S O U T� South Miami t INCORPORATES 1927 2001 C0 R1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER To: Honorable Mayor, Vice Mayor & Date: February 21, 2006 Commission Members ITEM No. From: Maria V. Davis Re: Variance Request, Lot City Manager L; size /Setback: 5820 Bird Rd RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR THE FOLLOWING (1) A VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 9,508 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND; (2) A VARIANCE FROM SECTION 20 -35G TO PERMIT A FRONT SETBACK TO BE <10 FEET WHERE THE REQUIRED FRONT SETBACK IS 20 FEET, ALL ON PROPERTY LOCATED: AT 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA, WITHIN THE 11GR11 GENERAL RETAIL ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Albert Poza has submitted Application No. PB -05 -030 requesting approval of two variances from Section 20 -3.5G of the Land Development Code to allow: (1) the net area of a building site to be 9,508 square feet where a minimum of 10,000 feet is required; (2) a 10 foot' front setback where a minimum of 20 feet is required. The subject, property is within the "GR" General Retail zoning district. The applicant seeks the variances in order to redevelop the property, which is currently vacant. The applicant is proposing to build a new two -story office building which will be used as a retail mortgage brokerage business. APPLICABLE REGULATIONS (See ATTACHNMENT) • LDC Section 20 -3.5(C )(1) Dimensional Requirements • Land Development Code Section 20-3.5(G) Dimensional Requirements • LDC Section 20 -5.9 Variances Approvals • LDC Section 20- 6.1(B)(3)(h) Planning Board Standards for variances Variance Lot Size— February 21, 2006 Page 2 of 5 PROPERTY BACKGROUND The property at 5820 Bird Rd. was occupied by a; restaurant building until 2002 when the structure was demolished by the current owner. It has been the subject of various development related applications 'during the past five years. The following is a summary of those applications: February, 2001- The current .owner sought to replace the existing closed` restaurant with a new building for his mortgage brokerage business (Commercial Capital SF Corp). This required an amendment to the LDC Permitted Use Schedule to allow this type of use in the GR, General Retail zoning district. The City Commission approved the amendment by adopting Ord. No.5 -01 -1736 on February 6, 2001. June, 2002 -The current owner proposed a 4,233 sq. ft office building and received preliminary approval from the ERPB. November, 2003 The final site plan for the building indicated that required parking was short 6 spaces because - of new State regulations that parking spaces could not be located on top of rear yard septic tank. The owner - proposed leasing the six spaces from nearby properties. This application was abandoned when the owner could not meet the restrictions on long term leased parking set forth by the City Attorney. April, 2004- The owner chose to request a parking space variance as a means of allowing the construction of the office building. This application came before the Planning Board on April 13, 2004. At that time the Board questioned whether or not the non- conforming status of the property would allow the construction of a new building larger than the previous existing building. The item was deferred and the City attorney did rule that the non- conforming status did not permit a new larger building to be constructed. October - December, 2005- A revised application is submitted to the Planning Board requesting; approval of two variances which if granted would allow construction on the site. STAFF OBSERVATIONS (1) The owner has now proposed a new smaller two story office building (3000'sq. ft.), with all required parking on site. The use, retail mortgage broker meets the requirement of retail on the ground floor and is consistent with the interpretation by a previous' Planning Director. (2) The application submitted is a request for approval of a variance from Section 20 -3.5G of the Land Development Code to allow the net area of a building site to be 9,508 square feet where a minimum of 10,000 feet is required. This variance if approved would eliminate the non- conforming status of the lot. (3) The application also contains a request for second variance brought about at the suggestion of the City's ERPB which gave preliminary approval to the project on October 18, 2005. It ;�_mn . 4; 'fr Variance Lot Size February 21, 2006 Page 3 of 5 was suggested that the front setback of the building should match as close as possible the front building line of adjacent properties. The applicant determined that the average front setback of nearby buildings was (9'7 "), which results in the applicant's variance request for a 10 foot front setback where a minimum of 20 feet is required in a GR zoning district. (4) The applicant's representative states in a letter of intent that the substandard size of the property prohibits the use of the property. The second variance is brought about by the irregular front setback of many nearby buildings on Bird Rd. It is important to note that the setback variance allows the proposed septic tank and drainage field to be located to the rear instead of in the front setback. In both cases the variances requested are not self- created and their approval would not convey any special status on the existing property. In fact the variances if granted would allow for a major improvement to the appearance and character of the business district in the area. PLANNING BOARD ACTION The Planning Board at its January 10, 2006 meeting adopted a motion by a vote of 5 ayes and 0 nays recommending approval of the proposed variances. RECOMMENDATION It is recommended that the lot I size variance and front yard setback variances as requested in the application for 5820 Bird Road be approved. Attachments: LDC Applicable Regulations Draft resolution Application Location Map Letter of IntentlHardship Copy of Public Notices Survey Site Plan Planning Board Minutes 1 -10 -06 Excerpt MD/DO SAY" E: \Comm Items\2 0 \2-21 - riances 5820 Bird Rd .doc Variance Lot Size— February 21, 2006 Page 4 of 5 ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20 -35(C )(1) Dimensional Requirement Tables (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single - Family Districts" (Section 20- 3.5E), "Dimensional Requirements, Multi family Districts" (Section 20 -3.5F) and "Dimensional Requirements, Nonresidential Districts" (Section 20- 3.,5G). • Land Development Code Section 20- 3;.5(G) DIMENSIONAL REQUIREMENTS REQUIREMENT GR Net Area (sq. ft.) 10,000 Front Set Back 20 feet • Land Development Code Section 20 -59 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause; shown. (B) Extension of variance Approvals. Four (4) ' affirmative votes of the city commission may grant an extension to a' previously approved' variance - if a proper and timely request is made` by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of' intent ` indicating the specific nature of the hardship upon which the request is based. Variance Lot Size- February 21, 2006 Page 5 of S (D) Property_ Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a` variance shall' be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating ,their awareness of and concurrence with the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G), Permitted Variance Requests. Applications for variances shall be restricted to' only ' the following: (1) Yard setbacks (2) Lot size (3) Lot coverage' (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off- street parking (8)" Open space (9) Signs (10) Landscaping (11) LDC Section 20- 6.1(B)(3)(h) 'Planning Board Standards for variances (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off - street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST FOR THE FOLLOWING ` (1) A VARIANCE 6 FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE 7 OF A BUILDING SITE TO BE 9,508 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 8 10,000 SQUARE FEET IS REQUIRED AND; (2) A VARIANCE FROM SECTION 20 -3.5G TO 9 PERMIT A FRONT SETBACK TO BE 10 FEET WHERE . THE REQUIRED FRONT SETBACK 10 IS 20 FEET, ALL ON PROPERTY LOCATED AT 5820 BIRD ROAD,` SOUTH MIAMI, 11 FLORIDA, WITHIN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; THE PURPOSE 12 OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY BUILDING; 13 AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB -05 -030 was submitted to the Planning Board by 17 applicant Albert Poza, said application requesting approval of two variances from Section 20- 18 3.5(G) of the Land Development Code to allow the lot size of a building site to be 9508 square 19 feet, where a minimum of 10,000' feet is required; and to permit a front setback to be 10 feet 20 where a required front setback is 20 feet, all on property within the "GW' General Retail use 21 district, specifically located at 5820 Bird Road, South Miami, Florida; and 22 23 WHEREAS, the applicant wishes to develop the property with a new two story office 24 building, which will be used as a retail mortgage brokerage business; and 25 26 WHEREAS, in order to develop the property, the requested variances are required; and 27 28 WHEREAS, the approvals of a variance requires a recommendation from the Planning 29 Board and the approval of the City Commission after a public hearing and 30 31 WHEREAS, at its January 10, 2006 meeting, after a public hearing, the Planning Board 32 voted 5 ayes 0 nays to recommend approval of the variances requested; and 33 34 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept 35 the recommendation of the Planning Board. 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 39 THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section 1: Application No. PB -05 -030 submitted by applicant Albert Poza requesting 42 approval' of two variances from Section 20- 3.5(G) of the Land Development Code to 43 allow the lot size of a building site to be 9508 square feet, where a minimum of 44 10,000 feet is required; and to permit a' front setback to be 10 feet where a'required 45 front setback is 20 feet, all on property within the "GR" General Retail use district, 46 specifically located at 5820 Bird Road, South Miami, Florida is hereby approved. 47 48 1' 2 3 4 5 Section 2. This resolution shall be effective "immediately after the adoption 6 hereof. 7 8 9 PASSED AND ADOPTED this , day of , 2006 10 11 12 13 ATTEST: APPROVED: 14 15 16 CITY CLERK ' ` MAYOR 17 18 Commission Vote: 19 READ AND APPROVED AS TO FORM: Mayor Feliu: 20 Vice Mayor: Wiscombe: 21 Commissioner Palmer: 22 Commissioner Birts- Cooper: 23 Commissioner Beckman: 24 CITY ATTORNEY 25 26 27 28 29 30 31 32 33 34 33 -36 37 38 39 40 41 42 43 44 45 46 E: \Comm Items\2006\2 -21 -06 \Variances 5820 Bird Rd Resolution.doc City of South Miami Planning & Zoning Department v City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305)666- 4591 Application For Public Hearing Before Planning Board & City_ Commission Address of Subject Property: ;j > �i Lots) 4 , / Block Subdivision Meets & Bounds: 1 PB Applicant: t' Phone: i t tCli Representative Organization: Address: F ,� 0 Phone. ` 1ri Property Owner: IL Signature: Mailing Address: `PA'S Phone: Architect/Engineer. Phone: _ j z ' lllkkk r r AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS, PROJECT: _Owner ;Owner's Representative _Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC % \ Variance Letter of intent _Zoning Map Amendment _Special Use Justifications for change _ PUD Approval _Special Exception Statement of hardship _ PUD Major.Change Other, Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: Contract to purchase ietf .# f l�i`d �t Q j Current survey (1 original sealed and signed /1 reduced, copy @ 11" x 17") 11 5 copies of Site Plan and Floor Plans 1 reduced copy @11" x 17" _ 20% Property owner signatures Section: Subsection: Page #: Amended Date: Mailing labels (3 sets) and map _ Required Fee(s) The unde�thieg d is ,complete plication and represents that the information and all'.submitted materials are true and correct t e lican 's know we ge and belief. Applicants S a trtle Date Upon receipt, applications and all submitted materials will be reviewed for com liance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Pa ment 8/2/00 .x. M... c" co ~ 3951 3952 j CD 5800 co Lo co � 3950 Lo � � 4110 ti...1Lo+ co _O co 00 Lo M 3960 Lo o O _ 5725 Lo Lo u Lo Lc) co 5855 �.rr C\j Cl w SUBJECT C� 5701 N ti co V- u M 00 � o 0 PROPERTY co ti o ti O , COO.. L) . - Lc) LLo Lc) L~ . LA m cn Ln � Ln r` to r- Ln W) Lti O LL! 1538 5826 ° 5784 4001 � 4231 5748 CD 00 4241 4011 r ti co CA W) Ln- 00 00 _ V 00 M co m <- co co �? °, O Co co r` r C'A V- ti M M ti M r- M 'N ;ti M r` 4021 4245 Lo V) LC) Ln Ln Lo � LZ) u) 5797 1545 o co N 00 v o CD 5800 co Lo co � � o � � 4110 ti...1Lo+ co _O co 00 00 Lo Lo o O � O Lo Lo u Lo Lc) _ � r- _ Ln et 200 400 600 800 1,000 O ` O Co : Co co N Co co ti` ti...1Lo+ a. _O �. IM:. !� O LL) Lo Lc) L0 u) u Lo Lc) o ul �.rr co w to C� co N ti co V- Lo M 00 � o 0 0 co ti o ti O , COO.. L) . - Lc) LLo Lc) L~ . LA _ � r- _ Ln et L 4300 q a Q 5885 5845 5801 4300 5757 4320 4400 4420 0 4445 1543 0 200 400 600 800 1,000 Feet SW 42ND T j w �.rr co w to C� co to MCA CD N C�> ' O N 00 � o 0 0 co ti o ti O 000 Ln co u') 000 Ln coo Ln coo u') to co Uf l co Ln m Q Ln � Ln r` to r- Ln W) Lti O LL! 1538 � 4231 4222 4241 LF) r- co r ti co CA W) Ln- 00 00 _ V 00 M co m <- co O co �? Lo r` r. O Co co r` r C'A V- ti M M ti M r- M 'N ;ti M r` 4245 Lo V) LC) Ln Ln Lo ul) LZ) u) 5797 Lo Lo Lo Lo L[) u') LCD Lo 4224 �: 1541 SW 42 _ TER _ 4250 O o co co m co om' co O co O 00 O 00 O 00 � N 00 N 000 O O °' 5 O 0 'co ti a0 O N co O �* u) Lo Ln Ln u) Ln Lo Lo Lo LL7 Ln Lo u') Lo Lo Ln Lo Lo 4256 80 4280 cn -' L 4300 q a Q 5885 5845 5801 4300 5757 4320 4400 4420 0 4445 1543 0 200 400 600 800 1,000 Feet 1900 FERDINANb .STREET CORAL. GABLES FLORIDA 33134 ..305.266.4328 A.R. POZA A R C H I T E C' T November 21, 2005 Planning and Zoning Dept. Planning Board City of South Miami , „6130 Sunset Drive South Miami, Fl 33143 Re: Letter of Intent — BMS Office Building 5820 Bird Road, S. Miami, Florida 33155 To Whom It May Concern: Variances are being requested from the required lot area of 10,000 square feet to the existing 9508 square feet and the required front setback of 20' -0" to 10' -0 ". May it be noted that the existing lot size would not allow for any development under current GR Zoning requirements. Furthermore, in its October 18, 2005 meeting, the ERPB preliminarily approved the design here- in (No. 05- 076 - revised drawings attached), but suggested /encouraged for the proposed building to be moved closer to the front sidewalk so it would be more in keeping with adjacent properties. Adjacent properties have an average front setback of 9' -7 ". We are requesting the less stringent dimension of 10' -0 ". We respectfully request approval of the variance based on • The front setback proposed is following ERPB suggestion • The reduced lot size requirement renders buildable an otherwise unbuildable lot. The granting of the variance • Will be in harmony with the general appearance and character of the community. • Will not be injurious to the area involved or otherwise detrimental to the public - welfare. • The proposed addition is designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent properties while affording the applicant use of the land. Additionally, the public interest is served by allowing the proposed building to be built upgrading the existing empty lot to current adjacent standards, thus increasing property values and subsequent City of South Miami tax base. The proposed design/request does not negatively alter the neighborhood's zoning intent in any way, its quality or well being. A significant rear yard setback of 35' -2" (15' -0" required), is being maintained to allow for septic tank, drain field, FL. AR 0009525 - 1 of 2, Architecture Interior Design Construction Management City of S. Miami/Nov. 21, `05/Pg. 2 oft required drain field green area and greater respect to adjoining rear residences (as commented by ERPB). The impact on the adjoining properties is non - existent. Appropriate /required notification has been given to adjacent owners. Respectfully looking forward to a favorable decision, SinNL Alberto R. Poza, R.A. for Mr. Arturo Abascal (BMS Mortgage Services Corp.) ,. .:.' `'- ..a t', .. "�"e`£ e ? ��._,.,x .F '1_"E��'�,�✓.T „'F�, 1-r m. ^-4^ (,OUT� o .5, ' 1NLORpORATEU i927 0 RYA CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 10, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, and Mr. Comendeiro. Board members absent: Michael Davis City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Eve A. Boutsis, Esq. (City Attorney), „Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings PB -05 -030 Applicant: Albert Poza Location: 5820 Bird Road Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR THE FOLLOWING (1) A VARIANCE ' FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 9,508` SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND; (2)' A VARIANCE FROM SECTION 20 -3.5G TO PERMIT A FRONT SETBACK TO BE 10 FEET WHERE A THE REQUIRED FRONT SETBACK IS 20 FEET, ALL ON PROPERTY' LOCATED AT 5820 BIRD ROAD, SOUTH 'MIAMI, FLORIDA, WITHIN THE "GR" GENERAL REATAIL ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY' BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. :r Planning Board Meeting January 10, 2006 Action: Mr., Beilman read the item into the record. Mr. O'Donniley stated that the applicant is requesting approval of two variances from Section 20- 3.5(G) of the Land Development Code to allow: (1) the net area of a building site to be 9,508 square feet where a minimum of 10,000 feet is required; (2) a 10 foot front setback where a minimum of 20 feet is required. The subject property is within the "GR" General Retail zoning district. The applicant is proposing to build a new itwo-story office building which will be used as a retail mortgage brokerage business. The Board also inquired about the fence that was at the south side of the property: In addition, Mr. O'Donniley provided the following staff observations: (1) The owner has now proposed a new smaller two story office building (3000 sq. ft.), with all required parking on site. The use, retail mortgage broker meets the requirement of retail on the ground floor and is consistent with the interpretation by a previous Planning Director: (2) The application submitted is a request for approval of a,'variance from Section 20- 3.5G of the Land Development Code to allow the net area of a building site to be 9,508 square feet where a minimum of 10,000 feet is ,required. This variance if approved would eliminate the non- conforming status of the lot. (3) The application also contains a request for a second variance brought about at the suggestion of the City's ERPB which gave preliminary approval to the project on October 18, 2005. It was suggested that the front setback of the building should match as close as possible the front building line of adjacent' properties. The applicant determined that the average front setback of nearby buildings was (9'7" ), which results in the applicant's variance request for a 10 foot front setback where a minimum of 20 feet is required in a GR zoning district. (4) The applicant's representative states in a letter of intent the substandard size of the property prohibits the use of the property. In addition the second variance is brought about by the irregular front setback of many nearby buildings on Bird Rd. In both cases the variances requested are not self - created and their approval would not convey any special status on the existing property. In fact the variances if granted would allow for a major improvement to the appearance and character of the business district in the area. Recommendation Staff recommended that the lot size variance and front yard setback variances as requested in the application for 5820 Bird Road be approved. Mr. Poza explained to the Board that the designed was approved by ERPB and that it was the ERPB that suggested and encouraged for the proposed building to be moved closer to the front sidewalk so it would be more in keeping with the adjacent properties. In addition, he said the reduced lot size requirement renders the lot buildable which otherwise' would be .,,— .,.- �..,,iM -T°-- �^w w„ae 2 •,t*';; xe,; Planning Board Meeting January 10, 2006 - unbuildable. Additionally, the community is served by allowing the proposed building to be built upgrading the existing empty lot to current adjacent standards thus increasing property values. Furthermore, a significant rear yard setback is being maintained to allow for septic tank, drain tank, required drain field green area and greater respect to adjoining rear residences. Chairman Mr. Morton opened the public hearing. Speakers NAME ADDRESS SUPPORT /OPPOSE Jay Beckman Supported Mr. Beckman agreed with the variances being proposed. He stated that if variances are not granted it will be difficult to build on the lot. Additionally, having a larger rear setback for the building allows for the septic tank to be placed in the back and since the rear setback is considerable it will be away from the neighbors. Mr. Beckman also indicated he thought the variances are an excellent solution for the lot. - Motion: Ms. Yates motioned to approve PB -05 -030. Mr. Comendeiro seconded the motion. Vote: Ayes 5 Nays 0 E\Coxnm Items\2006\2- 21 -06CPB MINS EXCERPT Variance 1- 10- 06.doc 25 l 7 A A J 4 4•,� 4 45, a a , ,p: S ri SO / 2 2 3 3 4 4 5 5 6 6 . . T B B ,` 9 9 / /o d 4 45' i' u'� °T11 246' 2 25 2 24 2 23 2 22. ' '2/ 2 20 • • •/9 : l le / /?r / / • , /5 { {4 .o , / rw 2 3 4 5 b 7 8! :9 /O it /2 r- r 2E "� 2 -4 23. 22 20 /¢ Property Address: Certified Only To: 5820 Southwest 40th Street Eagle National Bank Miami Florida 33155 it's Successors and / or Assigns AT.I.M.A. Commercial Capital :SF Corporation Elevation Information: Gonzalez & Vidal, P.A. Comm Panel 120635 Attorneys' Title Insurance Fund, Inc. Panel # 0190 Legal Description: Firm Zone : » X ,, Date of Firm : 03 -02 -1994 Lots 11 and 12 Less , the North 20:00' Base Flood Elev.: N/A thereof for the Right of Way, Block 1, in F. Floor Elev. N /A "WESTERFIELD MANOR SECTION 3" Garage F1. Elev. ` NIA ' According to the Plat, thereof, as recorded Suffix: " d" in Plat Book 27 at Page 9 of the Public Elev. Ref to NGVD 1929 Records of Miami —Dade County, Florida: d019 # —03 -233 _ AFA DATE 03 -3 -2003 Company, Inc. PB 27 -9 °p This certifies that the survey of the property described hereon was made under my super- vision tk that the survey meets the minimum Surveyors Notes: fechnIceil standards set forth by the Florida #1 Lands Shown hereon were not abstracted ¢,� Board of 'Professional Land Surveyor h for Eaeement and /or Hight of way of Be cords 4 Mapprn ;In Chapter 61017 -6 of Florida S Adminlstrathre Code, pursuant to Section #2 SM9Y is incomplete without sheets one and two 472.027, Florida Stah.•fes. 13 Benchmark : Miami -Dade Con* Public Works Dep. 1,8p a & That the Sketch hereon is a true and NSA accurate ropresentatien thereof to the best #4 Bearings as shown hereon are Hued upon of my kn,wledaa and Belief, subject to notes Southwest 40th Street NBO'ooloo*E Professional and notations . sF,'xn he n. #5" Please See Abbreviations and legend Surveyors & Mappers ? on the back of sheet one 13050 S.W. 133rd Court #6 Scale of Drawing: 1' = 20' Miami Florida 17 Drawn By : Athiel Date: 03-3- 2003 33186 ando F. Alvarez #s Disc No. 2003 Ph. # (305 234 -0588 Surveyor rt Mapper # 5528 #e` rear Revised Fax # (305) 234 -0423 Net Papa �o •state of ped with t>� t stampaa >.;ib amta,..aa se.I Sheet 2 of 2 Boundary Survey T�. SOUthwest 40th Street (Bird R o ad : = • . of . ;'°ol • . yl : -Pull Asphalt Pavement 6O . z' •1 ' z, I 0 08' Fad x is I`'I►At' 1 .� 0.95'x1.b'. 2.0' Cone. 'Gutter Ole- gotw•Sdvrth•`r 50.00. B. O 1gA �0 7tie , O O L(7 '- 0� Ln UN W 6� 9g 9'43 9� 4O of M $ ,g. z% z, x1 x, ,g. co V X441 �e 3 z Ll l 5 y jn .B'. B'. 11 y Q CU 0 cu O O0 CU CD oil CD CD Z 40• Asphalt Parking Spaces 4' Tae . . . ' c 6g • g �4• 3.7 or�oo z I�oo 6A'h o.e. 92.85' o.e. �� w.u.p. 6. b oR 100,00' S89 °58'34 "E Rai 'ga no Id Wood Lot 15 and 16, Block 1 oV Chain Ii:q Fends Link Fence JOB # 03 -233 AFA DATE 09 -3 -2003 Company, Inc. PH 27 -9 m This certifles that the survey of the property described hereon was made under my super— Surveyors C vision It that the sury ey meets the minimum ' Notes: technical e'aadarde sef forth by the Florida 11 bsnde Shown hereon were not abstracted ¢,S Board of Professional Land Surveyors k for Easement and /or Right of way of Records 4 Mappers In Chapter 61G17 -6 of Florida S Admintotrofive Code, pursuant to Section 12 Stuvey is incomplete without sheets one and two Sa 472:027, Florida Statute*. 19 Benchmark *Miami —Dade County Public Yorke Dap. Lagd s: Thof the Sketch hereon to a true and Ben accurate representation thereof to the best of my knowledge and Belief, subject to notes #4 Bearings as shown hereon are Hosed upon and- natafiona shown iso", Southwest 40th Street Ng0'0D'00'S Professional #5 Please See Abbreviations and legend Surveyors & Mappers �on the back'of Sheet one#6 Scale of Drawing: 1• = 20' 13050 S.W. 133rd Court #7 Drawn By Athtel Date: 03 -3 -2003 Miami Florida, 33186 rano F. Alvarez #s Disc No. Zoos Ph. (306) 234 -0588 aemOnal �J°r t flapper # 552s 0 Last Revised Fez (305) 234' -0423 Nat Valid safer state of Florida j Illpied It Stamped with rmboased Seat MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and SOUTH MIAMI Legal Holidays r a a �'� - , Miami, Miami -Dade County, Florida NOTICE F O FIM W7 STATE OF FLORIDA PUBLICHEARINCa od COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared NOTICE IS HEREBY giv6h4hat the City Cominisif of the City of South O.V. FERBEYRE, who on oath says that he or she is the Miami Florada will conduct Public Hearan s atats re ular, Cat Commis SUPERVISOR, Legal Notices of the Miami Daily Business s n meeting scheduled for - ,Tuesday rtFefuary21 2006 beginning at; Review f /k/a Miami Review, a daily (except Saturday, Sunday 7 30 p m `an tha City Commission Chambers :6130�Sunset Dnve� to and Legal Holidays) newspaper, published at Miami in Miami -Dade con`saderthefoltowang County, Florida; that the attached copy of advertisement, . kvf being a Legal Advertisement of Notice in the matter of A RESOLUTION OE T}iE MAR & ChTX COMM YO ISSIO CR' 4 � ,HESCITY OF SOUTH MIAMI FLORIDA RELATING TO A EQUESl FOR THE FOLLOWING (1A VARIANCE FROM CITY OF SOUTH MIAMI SECTION 20 3 5G OF T(iE LAND DEVELOPMENTCODE TO" " ALLOW THE LOT SIDLE O , A BUILDING SITE" CO BE 9 50B PUBLIC HEARING 2/21 /2006 1 ' SQUARI =FEE1 411�1//H�2�E MINIMUM SOT SIZE QF 10 000 in the XXXX Court, PEW a UARE_FEET IS REQUIRED ANp, (2)44 VAR�ANCB FROM1I SEC lO ! 20-3 5G TO PERMIT A FRONT SETBACK,T BE 10� was published in said newspaper in the tissues of FEE]CWHERE A THE REQUIRED FRONT-, SETBACK IS 2Q# `. 4 FEET ALL ON PROPERT`LOCATED AT 5820 BIRQ ROAD 02/10/2006 SOUTH MIAM FLORDA WITHIN THE GR 'GENERAL j F RETAIL ZONING USE, DISTRICT, THE,PURPOSE OF 7HE En VARIANCE IS TO PERMIT THE CONSTRUCTION,QF A TiNO ^ Affiant further says that the said Miami Daily Business STORK BUILDING AND PROVIDING FOR AN EFFECTIVE: Review is a newspaper published at Miami in said Miami -Dade DATEt County, Florida and that the said newspaper has_�� s heretofore been continuously published in said Miami -Dade County, A RESOLUTION OF THE MAYOR AND CITY COMMISSION A Florida, each day (except Saturday, Sunday and Legal 'Holidays) OF�THE9CITY OFD SOUT�ti MIAMI RELATING TO REAL and has been entered as second class mail matter at the post PROPERTYr DECLARING THE CITY OYVNED PROPERTYI office in Miami in said Miami -Dade County, Florida, fora a LOCATED AT 5890 SW, 69th STREETGITY INSPECTION period of one year next preceding the first publication of the SITE)vAS SURPLUS AND AUTHORIZING T_ E CITY MANAG p Y P 9 P ER }TO DISPOSE OF THE PROPERTY BY PACING A attached co of advertisement; and affiant further says that he or copy Y (3 NOTICE OE PUBLIC. PROPERLY `AV AIIABILITY "AS SET she has neither paid nor promised any person, firm or corporation a FORTH IN FLORIDA STATUTE 163 380 AND PROVIDING AN any discount, r ate, commission or refund for the purpose EFFECTIVE DATE, x of securing pis adverti nt fo publication in the said£, 3 �� ` } newspape Above items Gan be inspected m the Clty Clerks Office M onday Fnday� dunng regular office hours z�-' / If you have any mquines on the above stems please contact {the Planning and2oning office at 30S 663 &326 +sue � �; �� -= � �� Sworn to and subscribed before me this �� ' ALL Interested partres are invited to attend and will be heard 10 BRUARY A.D. 2 6 x al" Mans M Menendez CMC, r � f Cit y Clerk Pursuant to3 Flonda Statutes 286 0105 the City hereby advises the' pubUethata person decades t"' any declsionmade bythas I (SEAL) Maria 1. Mesa t3oard Agency or�Commassaon wdlt respect tp any matter considered at I ds meeUn o My Commission D0293855 heann he or she wall negd a record ofthe proceedafags 1 � •» � 9 � 0 r O.V. FERBEYRE personally and that for such pyrpose,4affected person may peed to ensure that a w Mamh 04e 2008 verbatarq record of the proceedings as made which record includes the testamonygand evidence upon which the appeal as #o be bases( } t2110.��.�� ^-�v ��.,�_w uQf- 362L6641167M.1 �, r.k..4 N A 23 /Wad some opinion MM your omee7 Nothing goes better with breakfast than The Miami Herald delivered. COURTESY NOTICE CITY OF SC O p. li th fLORIDA � On Tuestlag Febmary 21, 2006; beginningg at 7:30 p.m., in the City Commission Chambers, 6130 w p/�/� j�/� Sunset Drive, the City Commission will h1 11 Public Hearings to consider the fallowing tams •0VY'�1a1 *0444 A RESOLUTION RELATING'TO A REQUEST FOR THE FOLLOWING (1) A VARIANCE, > 355831 FROM SECTION .5 TO THE LANDDE VELOPMENTCODETOALLOWTHELOTSIZE - a 11A BUILDING SITE TO BE 9 508 SQUARE FEET WHERE A MINIMUM LOT SIZE OF ° 10 000 SQUARE FEET IS REQUIRED AND (2) A VARIANCE FROM SECTION 20 -3.5G TO WINE SALES PERMIT A FRONT SETBACK ?0 RE 10 FEEL WHEAE A THE REDUIREO FRONT SETBACK 7 T4EA�B4aLC seura5w Wu5® IS 20 FEET, ALL ON PRDPERrY LOCATED AT 5820 BIRD ROAD, SOUTH MIAMI, _ 'a + a • L(ILAL LT UOaADP! musx waroow FLORIDA; WITHIN THE ' GR" GENERAL RETAIL ZONING USE DISTRICT; THE PURPOSE MdET SAiE, oNALLC NTDAT& WINE SALES OF THE VARIANCE IS TO PERMIT THE CONSTRUCTIONOFATWOSTORYBUILDING. o WHITE r MusrBRrN cuRREn r nATa¢apl nquidea conceming this Item should be directed to the Planning and Zoning office at: W5- 663 -6326 J 1 + 1 NI( ALL imerested parGa$ are invited to attend and will be heard. 83299STAR a ABSOLUT WANT A FREE CANADIAN GLOB GENOFAANCO Maria M. Menendez, CMC s 50 ALL 9991. RS DINNER FOR TWO? �� 6 ae 29B 175 18 175 SICILIA FROM y yy CiIT Clark . 2 E"600b Pursuant t0 Flp, a Statutes 206.0105, Ne Cit here advises the pp611c that if a person necltles to appeal any Q POMMERY # SMIRNOFF (A{ �(I TI R CUD GREY COOSE NEAO DALVOLA decision made by this Board, Agency orC°mmissl°n wi h7espect to any ma ter considered at ih mee ng °r hearing, ALL PLawas horb she Mll need a record d the proceedings, and thattar such pe @05e affected person may need to ensorothat. - w BRUT p L FLAVORS Goa MORECAR�Ceive MuGT. E T M� PIRR EYEROf 5050 a $ ": seM be n rel of tM1a proceedings le made which rewrd Includes the t smumony and evidence upon which the that a6 f CHAMPAGNE p �'� 75G- a9 x 1088775 INCR6MENTPURCHASEO ONASINGLE RECEIPT .SUBMIT KETEL ONE $2999 TRBCOMPLETEDCMMANY BIG OADDY 'SANDYOUWILL yEL TOAD 150 SK YgO VODKA BE ENTITLED TOA DINNER FOR TWO CERTIFICATEATANY S DHA HOLLOW, o: FREIXENET a pLLF`"99a FLANIQANS ® 5 CHARD CORDON DEWARS $999 v sal e, o- SUB IECTTO SOME AND REGULATIONS. a$�� a ,750 , , / ' / m.. NEGRO PROMOTION MAYBE llISLONTINUED WITHOUT NOTICE. �r� 175 CUTTY..: i SANiA � � ' E. $798750 PRAVDA SARK JIM BEAM CGOWN ROYAL M%jERITA Pousx vooKA 25s pIPER a29Bar59 $ g e S�9 a32s $ GRIG88 jp CLAN MACGREGOR 145 1599 175 OZ 3L Q HEIDSIECK BELVEBERE 750 $2499 CNIVAS REGAL 50 25.99 WILD TBANEY 101 750 SEABAAM$7 175 1�117:�11 �V Nj BRUT NV KING SgUAgE 1:75 $1098 PIMPLE PIhe 950. 25.99 JOHN JAMESON 750 $21,99 750 i S O 1,75 $23.99 GRANTS 8 SEAGAAMSV.O. 175 9 $279% SKOL 1:75 $10 88 WHITE NDRSE LiR 15.99 JACKOANIEI$ 175 $29.99 SEAGHAM S V.O. 750 12,99 YELLOW 750 9.99 MAKERS MARK' 750 Dos CANAGIAN MIST 175 1599 TAIL PINOT TANQUERAY BACARDI REMY MARTIN 5 is9 GRIGIO OR BEEIEATER „ LIGHT & OpRN VSOP > s KAHLOA' couslNo $ 9 �8 $ +9891.]5 Ill .750 750 ` 31699750. MACUL 15 GORDON'S 1.75 $14,99 MALIBU 175 :$18.99 COURVOISIEA VS 750 $23.99 JAGEAMOSiTERR 750 $19.99 ANTI UAS I SOMBAY 'S 750 $18,99 RO N RI FLAVOR 750 10.99 HENNESSY VS 750 $26.99 PATRON SILVER 750 $36,99 *1199 S CINZAND BOMBAY 750 $17.99 ftI RICO 175 $16.99 PMASSON 75 $21.99 GRAND MARINER 750 $29.99 VERMOUTH B6MBAYSAPPNIAE 7:75 $32.99 MT GAY ECLIPSE175'$23.99 MAATELL VS 750 $21.99 JOSEEUERVO 750 $16:99 750 DRY OR E TITO'S VODKA CA" MORGAN +OR ' SWEET a8poM OE STRFMYBRANOYVSOP taWGOtB BE INGER ! 6 tie ALLFLpVOpS $ as g t $4997, 26q Ire $t2y 198 1 88175 AEPOSABO TEQ �� aso WHITE HPNOTI LID +7a $ Se° ZINFANDEL I ��' $21$6 FLOR DE STOCK BRANDY BAILEYS: ,1% $ ' STOCK ep CARA aiig99,>s 1688175 SAUZAMARDARITAVILLE 48750 J WALKER GOLD OR SILVER VERMOUTH RONCENTENARIOANEJO GROLSCx Sree 62C�se RUFFINO • " j $398 RED a 175 $30.99 FROM COSTA RICA a ea 17s BLACK 750 $26.99 1 q COORS 12 pK X-RATED FUSION uQ $1Q9A8 TI ! 75U BLUE 750 $169,89 & BB $ gg t ? 1 IH 7sa LIGHT $ $23"'1 W 750 ETIgUDROAiE Hila DEEBfMBC9 MWAI HOtLYW000 NGNIHMl0.Ml HWANDAiE SUBFSIDE hTNWEA�E M4Ml ppMpj�p MIAM 959STATEAD:84 155OW811IR S41NE?dSY 21218i16Htl 2990N -0MDr 132411,¢ BI 4NhVez gg yy 954.4631184 3055586115 9544213934 305445332 954.961.9468 305491.3737 9544SBP861 30f6ES40819s0N133�b�i BS7R67.91gr8 1EAfild i 1t,r The list below contains zoning item. which ma neighborhood. y be of Interest to your immediate 1. ..JUAN$ MARIA DIAZ:PAD 05 -231 Location: 8220 SW 24 Street.(coral Way); Miemi•Dade:Cqunty, Florida (9:854.71 aq. n.): -. t6 R The applicants are requesting tzone change from. single family residential district to Q' semi - professional office distdeL to permit a building setbacks to be less than required on nt property lines, lase lot area then required, and to I'Smilt accompanying requests, 2 1*1 NO & MARILYS MARagµ ms 2971 NOTICE OF PUBLIC HEARING Location. 3200 SW 76 Avenue, Mlaml -Dade Cqunly, Florida (100" X loo,y The applicants are requesting to permit a sngle•famlly I residence; a shed, and mingpool setbacks to be less than required from property Ill on this site. a swim- There will be a Public Hearing I before the City Commission of the City of West Miami on Wednesday, y I Multiple members of led to attend community speak at 18 may be present. ' Marche located d t 901 at All Persons are It is entitled to improper to cont ct a Board memo he dIvIgZ However, fhe'courts the City of West Miami Commission Chambers located at 901 SW 62 Ave., West Miami, Florida on the following 'd have ruled about zoning properto s. Thos Board member in odor ally, eiandnaally orin writing, about zoning applfeaNOns..Those Items not hoard prior to the ending' Ume for g (,�enda item: this meeting, wllI be deferred to the. next available zoning hearing meeting data for this First Reading An award 9 Ordinance of the City egistration Is available to any Homeowners AssoclaUcn desidag that th be pro- iami establishing a procedure for mailings for Public Notices nto be vitled oitspresl9 ntonzPninghea ngslnvolvin(305)37b•2565.reat. Farmoreinkr- mailed with a return receipt request and be maion on thisre registration Procedure, please call If you ere In need of a translator at the Heplal on can be provided for you at no English and in the published in the cha tie. To arrange for translating service, please call the Zoning Agenda Coo dina- Span Spanish Language to s Omce at ( 305) 375.1244 at least two weeks In advance of the meeting date. applicant. 9 tie at the expense Of the I Maps and other data panel to these Items are available for inspection at the MI- AMI•DADE COUNTY DEPARTMENT OF PLANNING AND ZONING, 11th Flo or, 111 NW Flret 80el Miami, Florida. If further InPonneyan is desired call (365) 375 -26401 deYour are hereby advised that if any Person wishes to appeal. an Mee "nDadeCo tyProidesequ, cedsgndequalapplea nganingDly. cisions made b• the y :do a not Dade County providesasis feocess and equal oppodunitydn employment and y City Commission, such person needs to n.Remote fomtat snn "lana6a emte billty in its proems or sarvlces. Formal ensure that a verbatim record of the r g g 9 prefer or other rilearvicens, olrma cell is made. proceedings of such meeting ma Planning and zenmg Deparimenta non Coordinator, at n o 375.2936 at leant v g five days In advance of the meeting.: FEI_IX A. �IAZ A Person who decides to appeal any decision made by any board, agency or com- TI /'+ mission With respect to any matter considered need to ans eI is Remain, or hearing, . will need a CITY CLERK. CMC j,th proc..dings is meae8lnclutling the testimony and ewdure that a verbatim which r appeal of ' 4 - lIts to be. based five days In advance. ..r _. ,. , « .. =r•°*,r;,`°- Tz "'";. r, ,Tf`= ��,��:`', r""�., ,^�:-a.,-�x'�i� �.- +ag,�- r=r s � a n 4 i [.14 d Ell I' vD R m ti _q m� g +G gv' DI % 9D 0 mIA l , p I I > � I '""TPPP ry5 T� p yy� F; uS'.'. .' 9 �� W Ti I S I' F gve eu "NU .I 1 j i ro O A Viz: A aP a� �� Abp �:� v • p. �R� "s b:a' H f i a" N BMS OFFICE BUILDING N : 5820 BIRD ROAD, SOUTH MIA.WRFLORIDA 33155 _v, .�- •-s— ,- �.f— ^�rno;°�. � :_, n., . -�. ,. ".�•'°,s; *rvr „F'r . ,r ,�x:-^.� .,�; ,»�. �+ .^^,.. ,.p a e I 5 r-- F------- - - - =—C K� 4, 33 II^ 1 Y2•. E' I 2L 5 II' 1 :b• 1" � 4 N O. - L9 °. ��✓ b•,; �I a 7trZ LI 45' -II S.C. I` '� o I i ° ,n ILI,�11�111I i � N� w a = a • 6.1e'� t S wo 4 ' i I I I a = BMS OFFICE BUILDING =' N w 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA 33155 e 1 .+ ;:^�'ti.,— ,�r- r,�=.�'.,!. � *f'= `',- ��." -, —>,� ,;.z :,, `�..�„ Is zS':f",c.�"*- -F�"F' ,".'a;x R -a"t;' owttm. .�;;�^`�sr ts�s•^i T .. I; � .,^ �a - .,�;I.. 4 � L All crQ it tg m _ .,..cm rn o r r z F c �. lip 7g dpid+. 1 ppQQ: I }y-V,p Y ..7 �. � T �d �s �:R �� N if 5p41�p r F wy vD °Y$IRSd 5 6 S® e'3c aZ n� Z :z � it ''II iY• Ids Iy�6 �&f.� � � I S �:� � N � oa pc t (; � _� � �;I� pY � �d � �le�l� � • i k,^ � �E� — � �F,.m pnd p ��a °SP B� �`� ;��n m _x ml Y � S.n �m g UO'...N n a . o b g IQ r �z f T_ oa R _ BMS OFFICE BUILDING — 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA 33) 55 - p °a + Sheet 1 of 2 Location Sketch N.T.S. •t 25` I I5 .45' it's 'Successors and/ or Assigns A.T.I.M.A. Elevation Information: Commercial Capital SF Corporation 3 41 5820 Southwest. 40th Street I5 .45' it's 'Successors and/ or Assigns A.T.I.M.A. Elevation Information: Commercial Capital SF Corporation Gonzalez & Vidal, P.A. Comm Panel 120635 6z rr f� + Firm' Zone : " X is Date of Firm 03 -02 -1994' Lots 11 and 12 Less the North 20.00' D thereof for the Right of Way, Block 1, in p .+ 4 � �: in Plat Book 27 at Page ` 9 of the Public Elev. Ref to NGVD 1929 ♦ t' JOB 03 -233 AFA DATE 03 -3 -2003 Company, Inc. + 37 45' ao This certifies that the survey of the property .4 5' to' #1 Lands Shown hereon were not abstracted technical standards set forth by the Florida aj Board of Professional Land Surveyors & 7 8 . . '9 /o /!. •• xt 13 T' n. Professional #5 Pleese see Abbreviations and Legend Surveyors & Mappers on the back of sheet one #8 Scale of Drawing: 1" = 20' Ir ` #7 Drawn By : Athiel Date:'03 -3 -2003 r26 25 24 23 22. 21 2Q •19. /8 /?` / ••� /5 �4 4 .42 X35 _59V r .X!' E • • r 1 2 - Z4 23 • 0 •' 45 5820 Southwest. 40th Street I5 Miami Florida 33155 it's 'Successors and/ or Assigns A.T.I.M.A. Elevation Information: Commercial Capital SF Corporation Gonzalez & Vidal, P.A. Comm Panel 120635 Attorneys' Title Insurance Fund, Inc. Panel # 0190 f� + Firm' Zone : " X is Date of Firm 03 -02 -1994' Lots 11 and 12 Less the North 20.00' Base Flood Elev.: N/A thereof for the Right of Way, Block 1, in F. Floor Elev. N/A "WESTERFIELD 'MANOR SECTION 3" t � r.! in Plat Book 27 at Page ` 9 of the Public Elev. Ref to NGVD 1929 ♦ t' JOB 03 -233 AFA DATE 03 -3 -2003 Company, Inc. + PB 27 -9 ao This certifies that the survey of the property Surveyors Notes' described hereon was made under my'super- C vision do that the survey meets the minimum #1 Lands Shown hereon were not abstracted technical standards set forth by the Florida aj Board of Professional Land Surveyors & 7 8 . . '9 /o /!. •• /Z 13 T' n. Professional #5 Pleese see Abbreviations and Legend Surveyors & Mappers on the back of sheet one #8 Scale of Drawing: 1" = 20' { ` #7 Drawn By : Athiel Date:'03 -3 -2003 Miami Florida, 33186. ando F. Alvarez #a Disc No. 2003 Ph. # (305 234 -0588 surveyor h Yapper 15528 #9 Last Revised: Fa% # (305 234 -0423 Not valid m►ao state of Florida Snead k Stamped with Embomd Seal 4 .42 X35 _59V r .X!' E • • r 1 2 - Z4 23 • 22 ,�� PO %9 /1! '/T 16� /5 /¢ • .ir 1. "Nil ' + 0 0 Property Address: Certified Only To: 5820 Southwest. 40th Street Eagle National Bank Miami Florida 33155 it's 'Successors and/ or Assigns A.T.I.M.A. Elevation Information: Commercial Capital SF Corporation Gonzalez & Vidal, P.A. Comm Panel 120635 Attorneys' Title Insurance Fund, Inc. Panel # 0190 Legal Description: Firm' Zone : " X is Date of Firm 03 -02 -1994' Lots 11 and 12 Less the North 20.00' Base Flood Elev.: N/A thereof for the Right of Way, Block 1, in F. Floor Elev. N/A "WESTERFIELD 'MANOR SECTION 3" Garage Fl. Elev. N/A According to the Plat, thereof, as recorded Suffix: ",j" in Plat Book 27 at Page ` 9 of the Public Elev. Ref to NGVD 1929 Records of Miami —Dade County, Florida. JOB 03 -233 AFA DATE 03 -3 -2003 Company, Inc. PB 27 -9 ao This certifies that the survey of the property Surveyors Notes' described hereon was made under my'super- C vision do that the survey meets the minimum #1 Lands Shown hereon were not abstracted technical standards set forth by the Florida aj Board of Professional Land Surveyors & for Easement and /or Right of way of Records #2 Surey is incomplete without sheets and two A Mappere in Chapter W G17 -8 of Florida Administrative Cods. pursuant to Section one #3 Benchmark ': liiiami -Dade County Public works Dep. ��i 472.027. Fiorijo Statutes. Lana & That the Sketch hereon is a true and NIA Be #4 Brings as shorn hereon are Based upon accurate rspresentatien thereof to the best of my kn+swledya and Belief, subject to notes and nota,gw' qi. an he Southwest 40th Street N90'o0'00'E n. Professional #5 Pleese see Abbreviations and Legend Surveyors & Mappers on the back of sheet one #8 Scale of Drawing: 1" = 20' 13050 S.W. 133rd Court ` #7 Drawn By : Athiel Date:'03 -3 -2003 Miami Florida, 33186. ando F. Alvarez #a Disc No. 2003 Ph. # (305 234 -0588 surveyor h Yapper 15528 #9 Last Revised: Fa% # (305 234 -0423 Not valid m►ao state of Florida Snead k Stamped with Embomd Seal Sheen 2 ®f 2 Boundary Survey -,- fL .. . T. . .-, f Southwest 44th S tree ; ..: . . . . (Bird Road of Foil Asphalt Pavement . Q� .. : . . . . _ x . . Xx��. -0.08" Pnd Drill 0.9W 1.5'. 2.0' Cone. Gutter.. : no, id o_oo' / B. Cor. 0 x x �� w I'D i8 O LO'- Ql LO cill w o x x x x x x,�'S' m C4 N W w ,J Ln .H H. H. w ttl , CU 4xkC.B- � a x� •C.B, 0 CD q f/j O 10' Asphal-t Parking Spaces 4' 7.0 CO .49 3.76 D D o 5ti Aaph. 92.35' _ w.u.g�. fa 100,00' S89 °58'34 "E •,t' Rr no la hood Lot 15 and 16 Block 1 oc, � 4?�0 Fence CLink Fence JOB # 03 -233 AFA DAB 03- 3 -2003 Company, Inc. P11 27 -9 m This certifies that the survey of the property described hereon was made under my super- Surveyors Notes: q vision it that the survey moats the minimum technical eandards sat forth by the Florida It Lands Shown hereon were not abstracted Board of Professional Land Surveyors & for Easement and /or iii6ht of way of Records 4 Mappers in: Chapter 61G17 -6 of Florida S Adminiairotive Code, pursuant to Section 12 Survey is incomplete without sheets one and two 472.027. Florida Statutes. 13 Benchmark : Miami-Dade County Public Works 'Dep. L age � & That the Sketch hereon to a true and N/A accurate ropresentatlon thereof to the beat of my knowledge and Belief, subject to notes #4 Bearings as shown hereon are Based upon and notatioas stows Southwest 40th Street Neo•00'00"I Professional 15 Please See Abbreviations and Legend Surveyors & Mappers on the ,back of Sheet one #6 Scala of Drawing: 10 = 20' 13050 S.W. 133rd Court 17 Drawn By : Athiei Date: 03-3-20M Miami Florida, 33186 Armando F. Alvarez #8 Disc No. 2003 Ph. # 305 234 -0588 Professional Surveyor & Mapper # 5528 #9 Last Revised: Fez �( �(305� 234 -0423 Nat Valid aNen State of Florida '0 Signed & stamped pith 1tbossed Sea} H 3 Al�tl 1 %I -"✓II. .., ': :. 11' -�I.' � � II'.'I'r '4' -G•'I. .4:011.. ,. y 'rJ I I i a it IMTTIM IA n / ar1k o / , N z Mit it it LL ok ;.P 4% :.A. +OI' 4'.''.. I -411 I . 'I' -v!!. . P•'- o ".:__ .4."lu."ir:? "ht0; - - !r -5° .:: 3.01' „29 -II _.3- Y'M.D. .Z',n +' - TT n ' ' - II A � 4J1 °H•o � u P H S'o'I ::� g'.d! `� ? 9•.'� ZIZnLit ZI EII bl �y ¢n m I fiffill ill h la'! °. ?•i" .... 11''5" ..d . a %5.. AIt 1;?" ell It J..ot' o _ N _ =A4Id — - -- - - Saa+. s%a+tu.•' bl �.. ° i- , u., '{ ° 4 " 111 8° h It A FFF � P 11 _I W N 2 a m m a ' '> 0 BMS OFFICE BUILDING A _ :e _ o0 ` m N 5820 BIRD ROAD, SOUTH MIAMI, FLORIDA 33155' =s m o N PMrn < as 069 1� C+ • Y S � � -. ;� Pt ��A Cm`s, Hi p'; •"o- iN�i�o f� ii• w 0.K ? -ya �°.. '•ct °. a �. -.. Y r i� qY •e •• �9 -7 • 3C n 7 �• O ►: Q7 ub a ♦d ra inp.. oa�"..'ro •io. >9 i'i•.,. KvK 'moo. o.��a � t`'1' (rT) y� F'd L y� fl \ \ \ \��,, --Ip �n �s�� •cG1n. Q` �_.i•�a o�� o� o k.'• t�yre�y•�• '-s_ np :� /° '71 V?tD -�.� o'n9w ioaa °o '; r3 .c -.na •? •oK of :gin � u° V4 0 -{ �r� �� rrZ ��47 is any r�.,+� �� °� Kns a:� Oi, �•Y ,r r• • '1 .: .. 0 T.f -I` .�K:a.li n� w 9Q. ro s a 3 .' a nw �• cr u:.� <•. � Y °.o. n ��o. 9. Y: Q ^y. rrl \ � � r K ,� ^ � < O•; �1. • Ca : 30.1 � K0.= .0. �� i�11QcC'S -�4°. m r • saw i a •� .s. sr. • s ! K lV -423 LC11 �� C IVC tt(1�� z °joky x p [:jo 9 1• rt ' • _ Q @� it �iC� �. • �i. aiao,c e,Y'.'.. ; °v `' '`c °9 s a3p �. y C �bV. ' -t =Zd��`�n'� �� \) Q 1- r o o�� Yo.: <� n• ��a � �•' • cnn � p L_4 (p, � m A�SC: ��D Q. /� —�'• a.��= 'o ¢ - ��.r� ��_ g'. <•n r •O MY-U N� "' m P� A��.- In�'._,I L l� Q � '•:. '.�'�.c Mme. c. �: v -'�_ ,. 4n. D '-{9 �3C �S` i' L� 1 �.I� � .c in. < bnn irn � 'yni • ••n. .. r � c Azn�o �� z :•� � �., z' ra �pp P z A J( m:5 (4 m c A 71- IPA Gm m3 rn p(A cn )p C .: co ty D : rn RA a m b es k A ti 0 T—y ----------------- I I irk r ii b �o L7dc �' �� r11�b°p• �..p.�"2 Epm A3.y� Q�p Z'. nivCA N Zu t00Z• (P A 1 y o0 s m on. X _' -l+i a O• . C �. T o `• m m r fD RO" _ m3 m °pK m m nm7r 1 ' .i• � m Lp tp ' j�p � o a 10 6 0 p' m U00p m �' Ip m stn m m d • m pQ• n n 4 a I� Q BMS OFFICE BUILDING 5820 BIRD ROAD, SOUTH MIAMI;�FLORIDA. 33155 o y o. N I w� SO UT r South Miami o� �r CITY OF SOUTH MIAMI; . iNCORPORATED OFFICE OF THE CITY MANAGER 1927 P � � 0 R 2001' To: Honorable Mayor, Vice Mayor and Date: February 21, 2006 Commission Members ITEM No From: Maria V. Davis Re: Appeal of ERPB Decision City Manager 6230 SW 70 Street RESOLUTION A RESOLUTION OF THE ;MAYOR AND CITY COMMISSION OF THE CITY OF 'SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD CASE NO. ERPB -05 -081 REGARDING THE APPROVAL OF A SITE PLAN FOR AN OFFICE BUILDING IN A "RO" RESIDENTIAL OFFICE ZONING DISTRICT LOCATED AT 6230 SW 70 STREET; PROVIDING AN EFFECTIVE DATE, BACKGROUND At its January 17, 2006 meeting, the Environmental Review and Preservation Board (ERPB) gave final approval to a revised site plan for a medical office building located at 6230 SW 70 Street in an "RO" Residential Office zoning district ( Application No. ERPB -05- 081). The existing one story building can be used as a medical office providing that six off street parking spaces are included (1162 sq. ft. = 200). In 2005 the property owner submitted a ;request for a one parking space variance which would have allowed the preservation of all the mature oak trees on the site. The variance was denied by the City Commission on September 21, 2004. The applicant subsequently revised the site plan to include six parking spaces. This design and location of the proposed spaces and the use of valet parking is sufficient to comply with the required off - street parking for the use proposed. The plans were submitted to the Environmental Review and Preservation Board and were approved by that Board at its meeting on January 17, 2006. This decision has been appealed and is the subject of this report. SPECIFIC APPEAL The Land Development Code (Section 20- 6.2(A) provides that a decision made by the ERPB may be appealed to the City Commission by the City Administration, the applicant, or an interested citizen. Attached is an appeal of Application No. ERPB -05 -081: filed by Mr. Jay Beckman on January 23, 2006. The City Commission has 60 days from the filing' date to hear the appeal and enter a decision (reverse, affirm or modify the ERPB decision). The filing of the appeal stays all actions or proceedings related to the development of the property. l The appellant is claiming that plans for the proposed building do not comply with the provision of the Land Development Code (Section 204.4(F)(3) which prohibits parking in the front setback area in the "RO" zoning district. The appellant has submitted an appeal form dated January 23, 2006, and a seven page brief dated February 9, 2006. Both documents are attached. CITY ADMINISTRATION POSITION The City Administration contends that the appellant's, claim as set forth in his February 9, 2006 brief should be denied based upon the following observations: (1) The applicant's approved plan indicates that there are six required parking spaces, two of which are double stacked on the west side of the building. These spaces will require the issuance of a valet parking permit as per'LDC Sec. 20- 4.4(I) which' permits valet parking to be used to satisfy up to 50 % of the required spaces. (2) The applicant contends that four of the parking spaces are located in the front setback which is prohibited by the LDC. The measurement of the setback is defined in Section 20- 3.6(F)(5) as: "(5) Required yard setback distances shall be measured from the official right -of -way line, regardless of whether such rights -of -way have been dedicated. " The staff has examined both the site plan and the legal survey of the site. The parking spaces are not in the required 25 foot front setback. Attached is the property survey and the parking space plan which was approved by the ERPB RECOMMENDATION: It is recommended that the City Commission affirm the decision of the ERPB in approving the site plan for this building and deny the appeal. Attachments Proposed Resolution Location Map Copy of Appeal Appellant's Brief Survey Copy of site plan ERPB Staff Report (ERPB' -05 -081) ERPB Minutes Excerpt- Jan. 17, 2006 i MD /DOD /SAY E: \Comm Items \2006\2- 21- 06 \ERPB -05 -081 Appeal report.doc a 2 I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 3 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN 4 APPEAL FROM A DECISION OF THE ENVIRONMENTAL 5 REVIEW AND PRESERVATION BOARD CASE NO. ERPB -05 -081 6 REGARDING THE APPROVAL OF A SITE PLAN FOR AN 7 OFFICE BUILDING IN A "RO" RESIDENTIAL OFFICE ZONING 8 DISTRICT LOCATED AT 6230 SW 70 STREET; PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 ' WHEREAS, the Environmental Review and Preservation Board (ERPB) at its January 17, 13 2006 meeting reviewed Application No. ERPB -05 -081 and approved a proposed site plan for the use of a 14 building located at 6230 SW 70 Street; and 15 16 WHEREAS, on January 23, 2006 an interested party, Mr. Jay Beckman, filed an appeal to the 17 decision of the Environmental Review and Preservation Board claiming that plans for the proposed 18 building do not comply with parking provisions of the Land Development Code; and 19 20 WHEREAS, Section 20- 6.2(A) of the Land Development Code allows for an appeal of an ERPB 21 decision to be made to the City Commission by the applicant, interested 'citizens, or the City 22 administration; and 23 24 WHEREAS, Section 20 -62 (E) of the Land Development Code provides that the City 25 Commission may reverse, affirm, or modify any decision of the Environmental Review and Preservation 26 Board on'which there has been an appeal. 27 28 29 NOW,,, THEREFORE, BE .IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE 'CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. That the appeal to the January 17, 2006 decision of the Environmental Review and 33 Preservation Board on Application No. ERPB -05 -081, regarding the non - compliance with regulations of 34 the Land Development Code for a proposed office building at 6230 SW 70th Street is denied and the 35 decision of the Board in this matter is affirmed. 36 37 Section 2. This resolution shall be effective immediately after the adoption hereof. 38 39 PASSED AND ADOPTED this , day of , 2006 40 41 42 ATTEST: APPROVED: 43 44 45 46 CITY CLERK '' MAYOR 47 >r�afi�Rrtt'r"� =�,r^„� t .. r.�,P 'Sx�?�;a .A .°n «.,:; t, ,.�:�'��^a � .,, °. ., �',. .,...,� ». :r, .. �;`:,#'..� :-'�"' •3 ,. ��e. ,! avu�>''.fRV"��i�rsyss��?:?t;�"fi �.�2 l 2 3 4 Commission Vote: 5 READ AND APPROVED AS TO FORM: Mayor Feliu: 6 Vice Mayor Wiscombe: 7 Commissioner Palmer: 8 Commissioner Birts- Cooper: 9 Commissioner Beckman: 10 CITY ATTORNEY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 E : \CommTtems \2006\2- 21= 06\ERPB -05 -081 Appeal Resol.doc 42 43 44 45 46 City of South Miami 6230 SW 70th Street 6 6611 6610 6611 6610 6611 6610 6621 0 6616 6621 6620 6620 6621 6620 U 6631 m 6632 U 6621. c 6630 6631` 6640 6631 6630 0 6701 61. 6700; = 6641 6700 6700 6701 6700 04 0 r�� Cl Ict cfl 6701 6701 6711 o� 6711 6710 6711 6710 1'6711 6710 6721 6718 co 0 � 6721! 6720 6721 6720 6721 6720 o CO w m 6731 6730 6731 6730 6731 6730 6731 to 5W 68TH ST 6802 6370 6350 0 0 6300 6801 6800 6801 6800 6g$� 6812 6815 6950 i N M co M 6840 6810 6825 6820 co cn 4 6303 6825 6820 ,� � 6 6910 0 0 ro 4 c6- 3� 6917 0 6930 6925 N 0 Nr 6912 o Co.. 6240 6230 co m ` co co 6929 c" 6931 °->' 6950 �o 00 rn CO LO 1 0 m <o 0 v N m ® ° c°o 6941 coop 6941 �` 940 6941' co m co co 6970 cc�o 70TH ST, 009 7000 7001 7000 7001 0 '1000 'C3 m 7020 04 co > o° 0 7 0 40 7011 7020 m 7010 ¢ 7015 n V c/) 7021 7021 7030 7041, 7030 7101 7109 7031 7040 0 ch 7105 N o 0 7051 (q 7090 7040 7107 'S,UBJECT LD � 7171 7110 Q r 71'01 7110 7111 7110 PROPERTY' ¢ 0 {- 7111 7115 7114 7111 M 6161 It b 7120 6'� 7121 co Z � o 34 1 m cl) m �, — �� N 6201 0' �� d 6101 SW 72ND ST o0 633 32 6310 6180 co 0 7223 J m -.4 7230 7231" 0 7231 0 d. m o 7243 7240 0 ti N M 7 251. N co 7240 7301 7248 N co 7311 d 7319 7340 7310 7313 7300 7321 7320 7321 7320 fn 7331 7330 7333 7330 ,, o 7341 7340 6331 7340 r� w mod` 0 300 600 900 1,200 1,500 Feet ECEIVE JAN 2 3 2006 City of South Miami ITY CLERK'S OFFICE, Environmental Review and Preservation Board - E R P B APPEAL OF DECISION TO CITY COMMISSION An appeal of an ERPB decision or recommendation may be tiled at any time before a building permit is issued by filing the salve with the City Clerk upon a form prescribed therefore. Appeals may be taken by the applicant, interested citizens, or the city administration (per Section 20 -6.2 (A) of City's Land Development Code). The City Coimission will hear and enter a decision on all appeals within 60 days of the tiling of an appeal ERPB Case No.; Date Of Decision of ERPB: •-- Subject Address 70, INDICATE YOUR RELATIONSI i1P TO SUBJECT CASE: ilnme!Print M11nol'. Contact•NO. SUNIMARIZE TIIE DECISION OF THE ERPB: �b V SUMMARIZE REASON FOR APPEAL: eqr n oe- no l�e� i to ~!'e f �1 E Eil�fa /n C oje PLE. SE SIGN YOUR NAME ON THE LiNE ABOVE DATE SURWIT THIS FORT /TO CITY CLERK E. IERPBiERPB .4pp ulc'ERPB .4Ppcal ,417plic(riinii .dt)c ,�'�,.° ;:., , � .� r<� �; .z �-�.. . , �:K � <n ^��a��;'��"�. - N,.`a3��'"; u�P"." 'r:�°t�. i a e; ,�.:�'— *�x;,�� ,""-§ . <_.;. « -. ��.a,°��e;� -� e� •Ys^?�.;�:�,wn r�^ r, �s� d��.,}� `-u <., APPLICANT INTERESTED CITIZEN CITY ADMINISTRATiON 7gg Z6$' 2-7 3 SUNIMARIZE TIIE DECISION OF THE ERPB: �b V SUMMARIZE REASON FOR APPEAL: eqr n oe- no l�e� i to ~!'e f �1 E Eil�fa /n C oje PLE. SE SIGN YOUR NAME ON THE LiNE ABOVE DATE SURWIT THIS FORT /TO CITY CLERK E. IERPBiERPB .4pp ulc'ERPB .4Ppcal ,417plic(riinii .dt)c ,�'�,.° ;:., , � .� r<� �; .z �-�.. . , �:K � <n ^��a��;'��"�. - N,.`a3��'"; u�P"." 'r:�°t�. i a e; ,�.:�'— *�x;,�� ,""-§ . <_.;. « -. ��.a,°��e;� -� e� •Ys^?�.;�:�,wn r�^ r, �s� d��.,}� `-u <., ERPB Case No.: ERPB -05 -081 (Decided January 17, 2006) Environmental Review and Preservation Board ERPB Appeal of Decision to City Commission Arthor Colsk Applicant V. Jay Beckman Appellant Brief for Appellant Filed Febuary 9, 2006 (Notice of Appeal Filed January 23, 2006) Table of Contents Introductory Summary : ...........................:......._....._.......... ............................... 1 Statement of the Case ................................................... .............................. l Statement of Jurisdiction .......:.... ............................... ................. _ ................... 1 Issues Presented .......................................................... ............................... 1 Summary of Argument :................................................... ............................... 2 Argument ................................................. .............................. ..................... 2 Conclusion .............................................:....... ............................... .. .. 3 Exhibit A: Notice of Appeal ......................................:..... ............................... 4 Exhibit B: Land Development Code Provisions Cited ........ ............................... 5 Exhibit C: Sketch of Site Survey With Appellant's Measurement ....................... 7 of Front Set Back Added WTI ... 1 Introductory Summary The proposed parking lot design violates the Land Development Code (LDC) by including parking spaces in the required front setback area which is prohibited in a Residential Office (RO)' district. The City Commission should overturn the Environmental Review and Preservation Board (ERPB) approval and deny this parking lot design because it is unlawful for the City Building Department to issue construction permits that do not comply with the LDC. Statement of the Case This case presents an important question concerning interpretation of the LDC concerning how required front setbacks are measured. The subject property is zoned Residential Office (RO) but lacks the necessary space to include the required parking for office use. Several attempts have been made in the past to use variances to mitigate the lack of parking space. 'Every such application has been denied by the City Commission. The property has been successfully used as a single family house which is a special use allowed in the RO district. In fact the building was designed for this purpose and faces a single-family house across the street. On January 17, 2006, a parking lot design for use of the property as an office was reviewed by the ERPB that includes stacked valet parking spaces in one side setback area and parking spaces in the front setback area. The ERPB gave architectural approval of the proposed design subject to the applicant obtaining a valet parking permit from the City Commission. On January 23, 2006, notice of this appeal of the ERPB decision (see; Appendix A) was filed to initiate a review of LDC issues by the City Commission. The ERPB does not review for LDC compliance. Statement of Jurisdiction The LDC provides that an ERPB decision may be appealed to the City Commission by the applicant, interested citizens, or the City Administration. An appeal stays all actions related to the development of the property. The City Commission must hear and enter a decision on all appeals within sixty days of the date of filing the appeal and may reverse, affirm or modify the ERPB decision [LDC 20 -6.2]. Issues Presented One issue is presented. Does the proposed parking lot design violate the LDC by including parking in the required front setback area, which is prohibited in the RO district? RIP 2 Summary of Argument The issue presented in this appeal involves nonconformance with the LDC that results in a dysfunctional parking lot that will be disruptive to the neighborhood. The proposed parking lot design violates the LDC because it includes parking in the required front setback area which is prohibited in the RO district. City planning staff erred in interpretation of "required front set back," by not taking into :account a portion of the Code that requires that the minimum required front setback be measured in a manner that leaves space for the creation of a specified width of road- right -of -way. Argument The proposed parking lot design violates the LDC because it includes parking in the required front setback area which is prohibited in the RO district. The proposed parking lot design violates the LDC by including parking in the required front setback area. Parking in the front setback area is prohibited in the RO district [LDC 204.4(F)(3)]. Four sections of the LDC are applicable to define "required front setback," which in this case is 25 feet measured from the official right -of -way line: 1. The regulations for roadway dedications, improvements, and setbacks provides that the official right-of-way width for 70th Street (street in front of subject property) shall be 50 feet (25 feet on each side of the street centerline)[LDC 20- 3.6(F)(1)], and that required yard setback distances shall be measured from the official right -of -way line, regardless of whether such rights -of -way have been dedicated [LDC 20- 3.6(F)(5)]. 2. Setback is defined as: Shall mean the horizontal distance between a building and the street right -of -way line or a side or rear property line [LDC 20 -2.3]. 3. The dimensional requirements for the RO district provides that the front setback must be a minimum of 25 feet [LDC 20 -3.5]. 4. The LDC also provides that where a conflict in the Code exists, the more restrictive limitation or requirement shall prevail [LDC 20 -1.6]. Hence, for the subject property, the required front setback is defined by the LDC as follows: since the official road right -of -way is 50 feet, measure 25 feet from the road centerline to find the official road right -of -way line, then measure 25 feet from this point which is the required front setback. This leaves an addition 10 feet to the existing building which is not enough to include parking spaces. These measurements are shown on Exhibit C. The intent of the regulations is clearly to preserve the official width of road right -of -way to allow room for public facilities (sidewalk, landscaping, utilities) without doing harm to the neighborhood. This is accomplished by measuring setbacks in a manner to preserve the official width of road right -of way whether dedicated now or in the future, or acquired by eminent domain in the future. In fact nearly all of the Residential Office (RO) and Single - family properties in the city which have a 25 feet required front setback have setbacks close to 50 feet when measured from the edge of the paved road. n�.r. "555--, W, ,IM77, ' i^ .?,"""' " .'7• ; �; x?r'fi � "" T=;;? ,;. . '.e•:- =,x qtr ... ... ;-sr: -rr o..w* :r.7: .ra 3^r - ,,,,., 3 The proposed parking lot design illegally includes parking in the required front setback area when the front setback is measured as instructed by LDC. Conclusion One issue of nonconformance with the LDC that results in an impaired parking lot design has been cited. Therefore, the Commission should overrule the ERPB decision and deny this proposed parking lot design. i �I i I I i I i M a ECEIVEIM .®�.. JAN 2 3 2006 CITY CLERK'S OFFICE City of South Miami Environmental Review and Preservation Board - E R B APPEAL` OF DECISION TO CITY COMMISSION An appeal of an ERPB decision or recommendation may be tiled at any time before a building permit is issued by filing the same with the City Clerk upon a form prescribed therefore. 'Appeals may be taken by the applicant, interested citizens, or the city administration (}per Section 20 -6.2 (A) of City's Land Development Code). The City Commission will hear and enter a decision on all appeals within 60 days of the filing of an appeal G�P (5 ADS --�j�� Date Of Decision of ERPB: EfZPB Case No.: r, �-- Subject Address (o 120 Y. W, 70 INDICATE YOUR RELATIONSHIP TO SUBJECT CASE: Namc (Print Name;) Contact No. APPLICANT t� p INTERESTED CITIZEN V c, 1>p �h a y� 7$b - z 68- 2? 3 CITY ADMINIS'iRATiON =-1— SUMMARIZE THE DECISION OF THE ERPR: 41 OP %zi j% ai SUMMARiZE REASON FOR APPEAL: f 1 u Y _ r 2 CM I 54t L41 : C' n Gew a Of V/--Y— i- -OLf'Yf( yj V,V l'il o /n ' Cade PLE: SE SIGN YOUR NAME ON THE LINE ABOVE DATE SUB.WIT THIS FORM TO CITY CLERK' 3— O �p E. I ERPB iERPB ,4ppe ril c I ERPB ,4ppcnl ,4pplietrtinii . rloc .,«�=,v .s".`ahi:4`T"�;., �:`".`,9':=T.,., �:'�k'S°�'°vT�'y T..�'?�"�`�k;•r:':. u-. _{ 5 Exhibit B Land Development Code Provisions Cited (In numerical Order) 20 -1.6 Conflicting provisions, page 2. Where a conflict exists between any limitation or requirement in this Code and any applicable limitation or requirement elsewhere in this Code, the more restrictive limitation or requirement shall prevail. 20 -2.3 Definitions, page 17 Setback. Shall mean the horizontal distance between a building and the street right -of -way line or a side or rear property line. 20 -3,5 Dimensional requirements, Nonresidential Districts, RO, page 50.2. Minimum Front Setback (feet) - 25 20 -36(F) Roadway Dedications, Improvements and Setbacks, page 51. (1) Public road rights -of -way shall be dedicated and paved to the minimum widths set forth in the city's adopted Transportation Element or as follows, whichever is greater: (a) One hundred (100) feet for Bird Road (SW 40 Street), Miller Road (SW 56 Street) and Sunset Drive (SW 57 Avenue). (b) Eighty (80) feet for Kendall Drive (SW 88 Street). (c) Twenty -five (25) feet for Progress Road (from SW 70 Street to SW 68 Street) (d) Seventy (70) feet for section and half section line roads. (e) Fifty (50) feet for all other roads, unless required otherwise herein: (f) Thirty -five (35) feet for all private roadways. (g) Twenty (20) feet for all alleys. (5) Required yard setback distances shall be measured from the official right -of -way fine, regardless of whether such rights -of -way have been dedicated: 20 -6.2 Appeals, page 141. (A) ERPB Decisions; Time; Standing to Appeal. All decisions and recommendations of the environmental review and preservation' board (ERPB) shall be posted on the City Hall bulletin board immediately following the ERPB meeting. An applicant may obtain a building permit after noon of the day after the ERPB meeting, at which the application was approved, if all other requirements for the permit have been met. An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may be taken by the applicant,` interested citizens,; or the city administration. (B) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the ,appeal is taken certifies to the city commission, after notice of appeal has been filed with him, that because of the facts s stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of the -Code. (D) Appeal Hearing. The city commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing said appeal, and shall provide due notice of the appeal to the parties. (E) Commission Action. The city commission may reverse, affirm or modify any order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. (F) Modification Allowed. When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a Code provision, the city commission may, in passing upon appeals, vary or modify any regulation or provision of the Code relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of the Code is observed, public safety and welfare secured, and substantial justice done SKETCH of SURVEY SCALE T - o . oo � alor Alsyr OF t -• • .7Nn w,y,! w•P : , ,I 43 lid . , SQ �rvc3AKkS lc.SD TO T �As7'E,R LY �. to 1 a' U I X311.. 1 ' 3,d 'oN a �3` A wed 1= c 4j a.a� Es3a i Abrvt� mEIVT A01V7" SET 84ec 1 . , 4 L14 �� : ,d� r��v� 3� f�' /SS%cSGF r✓.f��r31✓�S , Ao� Ae-r. Y' IBr,e S 70 ''�t�T� F? is X67 TO 7FE lyAiK lAL' F3.QpD ANeE PAOC, 7th T M PE 7Y Flct1S LY M Ot?D Z f f TQ7 Nov :. PA Na•: Bf1FFiX= DATE OP'F F kw 2E Uk6ED ,:..� ^.crcr`.i: *<� r. CITY OF SOUTH MIAMI Excellence, Integrity, Inclusion ENVIRONMENTAL REVIEW& PRESERVATION BOARD To Chair & Members, Environmental Date: January 17, 2006 Review & Preservation Board Tuesday 8:30 a. m. Via: Don O'Donniley :00 f� Planning Director From: Lourdes Cabrera- ernandez Re: ERPB -05 -081 Planner Applicant` Arthur Colsky Location: 6230 SW 70" Street, South Miami Request: >' Exterior Renovation APPLICANT'S REQUEST: The applicant is requesting final approval from the ERPB for the renovation of the site plan, located at the above address. LEGAL DESCRIPTION: Attached sketch survey. - Background & STAFF ANALYSIS: At the ERPB meeting of December 6, 2005, applicant received preliminary approval W, th conditions refer to the attached letter dated December 7, 2006. Previous staff report dated December 6, 2005 enclosed for reference. At this time, the applicant has submitted a landscape plan that reflects one tree to be removed. The attached Tree removal permit dated January 12, 2006, refers to the conditions. Upon final approval of the site plan from the ERPB, the applicant will proceed with valet parking conditions, tree removal conditions, and an occupational license. The property may continue to be used as an RO "Residential -Office zoning district; which is permitted by right. However, it must meet the parking requirements and the dimensional' non-conformity is not increased. At this time the applicant is requesting final approval of the site renovation from the ERPB. RECOMMENDATION: Final Approval, with the following conditions: 1) Applicant must comply with the valet parking and conditions; and, 2) Applicant must comply with the tree removal conditions; and, 3) Any comments and/or concerns from the Board. Attachments': ERPB letter dated '12 /07/05, ERPB Report 12/06/05, Tree Permit Application, Application, Survey, Photos and Landscape plan. LCH K: \ERPB \ERPB Agendas\2006 ERPB AGENDAS \ERPB Jan. 17, 2006 \ERPB 05 -081 F.doc hF. �`j�c?'P;'�nm'.x. , �T'^,+'*,."6`✓vF"V} i .'*e' .,. -p, h"^:'a c,:vr , :.:. aF .W '. LOCA'nON MAP cNTs.) 1 1.10 �. 541 PROPERTY ADDRESS: 6230 S.W. 70th Street, Miami, Florida 33143. LEGAL DESCRIPTION: The West 54.00 feet of the North 88.00 feet on the East 137.00 feet of the North 150.00 feet' of the West of the Southeast J, of the Southeast 4 of the Southwest of Section 2`5, Township `54 South, Range 40 East, lying and being in Dade County, Florida.. FOR: MARTA MILLIAN GONZALEZ. CERTIFY TO: MARTA- MILLIAN GONZALEZ. UNION TITLE SERVICES, INC. STEWAR'T TITLE GUARANTY COMPANY, "INC. SURVEYOR'S NOTES PREPARM BY- 1) Thai army was concluci eci for the purpose of a -B"xWy Survey' onry and a not rhterhded 10 detneate the nagu ia0ay jurisdiction federal, P. of" pINC. LF ^45( 7 stale regiorhal or tocat agency hoard coney lesion qr other ennty, LAND 2) The accuracy obtained by nhsiaeurarren a and catcos are an tae sur�ay, meets and exceeds the t WWTium Tac rocal Stantltlds, L V D SLR E 1 NO - LAND r" LANNN Requirements for a Suburban, area (f loot In 7,5W beq'.as speCAbd in Chapter 01017 -6. ,Florlds. °drew fteWw Code .t 3) The Survey dose not rensdc or daver r ne ownership. '9350. S.W. 22nd TERRACE .' . . a) Leper description subject to arty dectionuuors, llrntsUons restrictions rassriaticne or easements a record A MIAMI FLORIDA 33165 6) EYamYUtldn of We Aborvot or Title No have to be made to delay j" recorded Inetrwrherily, I arty affecting the property search Of R�tc Records net perkxmed by this ofnce eat Cr tu. era++em (305) 220-0073 6 ) NO a l i e n was MWS try II mOffbe to locaos arty ur clarground LOtfMs andor inroclures worn or noulling the ax*" properly (COs.) c �Im 6) This money has cash prapafed for the G-ckm +a use or the anttiee' nenhed hereon onl and the ow"oatons hereon do not ' eCend err; FrMwa FIRM Pat PW '. e;a�u etc So unnerved oafgss.: 9) Ulrlay. facsses r illy Ud* Easements hot holed as ` ckWons I�ll�} FW , 'ao Want i enlcco 10) DrNCways a Patd^a treraot wNvn aoeewaye not rwtse as vglaLdry a arlaoacrvT,p,ta. C%o Cllw a49n. - 11) Famhdadons and/or klolings underneath the ground ehalec.e that may o ow be7ond the boundary lingo of the harsh deedrib ad (m) IMP" paste! we not shown 12) All Yon Polote or Fleber fount and sho�vnon he Ovetn d survey have no— una 01hlirwlse started. !t. � T LK ,�. Imp CLM i FK1ce ownererhlp delertrrnr lry vsus msera Only M erM' Legd Owronar =nP ndl dWFrmined O6. e>t WMM 11LF. OHM UW FORM 1 a) No search of records was made by thb firm beside the record dart: ttsreTpre we do not imply Or accept radporobillty for shy air "M Eft- am Dedication or Limaardan for which information was not fllhtsned 1 -5) Contact the apdroprtaro is t ormes prbr v any deep, work on the haven - deathbed PWoet for aiding stlo Zawtq .rom»uan 16) ProfOmcnd LOW Surwya and Mapper In reeparW* charge Rolando Ortiz LS 4312.. Mete of Florida I?) This survey Is not valid MUhout the stpnature and phis raised lied Of s Fbnds Lberrad Lard Surveyor and Mapper. r v. bona tatmt.. ar. whore estt BY: R DO ORTIZ LS 4312 L.P. 7 rlti 1 neraby . ow*,, to the above named III and/or persons Chet the Sketch of Survey of the described property is hue and oardct to .cr Im"Ma1 CONTM rail* OR: RICARDO ORTIZ LS 5629 v.C, or'pewr'1 rr..�"e � PROFESSIONAL LAND SURVEYOR ins beef :a rr9' knowledge and betel. a recently e+veyed and datlaa under n y direction; also that nheats the Wtrhmh/71 Tachnal b`randanbs set hn Chapter 61 017-41, Florida AdmhYtradne. C`,otfe pursuant to Settle+ 472.lHI7 Florida b'eesaes.. n: T r w b,evHC. k MAPPER, STATE OF FLORIDA. DA No.; CH 5- Z -ZODU 1 44'/.38/' 1 1,2613 190--34 1 t j ,_l.. SKETCH OF SURVEY SCALE ,' a t120 . Qo! In Vx �y. d7 \yO, MP t k' A'Iet- VA I(J& l.IA Y ap 6NcaoAwes F1 7 0.05 16.0 2va� w000 F ew-M Q EiJ cteACHGs IMTO 7-46 owary, awe, C) OA) 3� A uxaop �rJs �NcrAe`5 ,2,001 O,bB'�n�TO Ti r�rN c> A) f7x/etO -� Vi4`�QL� F�%R�XMFsNTS. Tr/ &UTf/ o iri ,+C /6'hr7= u/,G Y f p,� s w 74) tiT�� T aeple -,4 ACOORDMQ TO THE NATIONAL FLOOD MBUHANM PROMUM THE SUBJECT PROPERTY FALLS`N FLOOD ZONE- r irJ SOUT� O INCORPORATED 1927 �0n-0o CITY OF SOUTH MIAMI ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Tuesday, January 17, 2006 8:30 AM EXCERPT L CALL TO ORDER Action: Mr. Trautman, Chairman, called the meeting to order at 8:32 A.M. II. PLEDGE OF ALLEGIANCE Action: The Pledge of Allegiance was recited in unison. III. ROLL CALL Action: Mr. Trautman performed roll call. Board members present constituting a quorum: Mr. Trautman, Ms. Mark, Ms. Morales- Fernandez, Mr. Balli, Mr. Jude and Mr. Vitalini. Board members absent: None City staff present: Lourdes Cabrera - Hernandez (Planner), and Patricia E Lauderman (Secretary). City staff absent: R. Don. O'Donnley (Planning Director). IV. REQUESTS 1) EXTERIOR RENOVATION [ERPB -05 -081] Applicant: Arthur S. Colsky Location: 6230 SW 70 Street Requests The applicant is requesting final approval from the ERPB for the renovation of the site plan, located at the above address Applicant present: Arthur Colsky Action. At the ERPB meeting of December 6, 2005 the applicant received preliminary approval r with conditions. At today's meeting the Board noted that applicant had addressed Board's conditions and decided that no further discussion was needed. Motion: Mr. Trautman motioned for approval as presented with the following conditions: Staff: 1. Applicant must comply with valet parking and conditions. 2. Applicant must comply with the tree removal conditions. Mr. Jude seconded the motion. Vote: Approved 6 Opposed 0 i An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may be taken by:the applicant, interested citizens, or the city administration [per § 20 -6.2 (A) of the City's Land Development Code]. If you have any questions concerning this matter, please contact Lourdes Cabrera - Hernandez; of the Planning & Zoning Department, between the hours of 8:00 AM and 5:00 PM, Monday through Friday, at 305.663.6347. DOD /pel' K:\ERPBIERPB Minutes\2006 Minutes\Excerpt ERPB MINS 1 -17 -06 (item05- 081).doc ERPB MINUTES 1 -17 -06 Page 2 of 2 . - F:. -^ .-w s=':.� a' ,�:f,". ��.;�,a..✓ "�-fl.. , �.;a , ^*'x' . .,,�:.r- m!•,t, F�a,�.€±;.� :r�°-'^ ��, , m� �;,,�;n;..,: mss,=. ��sr" ..s��,, ,F � a ' m o C9 x .I w cc O m � m I Z �� a ca W a ' Y �? 2 Q W n (2 Y ' J G n �E N u a W a �m 0 li�m n ' W m L �h- a ¢ i co cc � "0 k ►� a J � 0 " o��i. ^t+ O ro m N A I r a m n m f e -!� ,o� { Lo i m E D f = 071 _ e� m ' r� G LIh c ED pt Po t:• Y/ � { m 6 UI 0 I�•J � ,r m C � o . o � m m A i i C1 To: Honorable Mayor, Vice Mayor& Date: February 21, 2006 Commission Members ITEM No. 7 From: Maria V. Davis < RE: LDC Amendment — City Manager Generators in Residential Zones` ORDINANCE AN ORDINANCE OF THE MAYOR AND ` CITY ` COMMISSION ° OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR SEVERABILITY,' ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND In 2005, South Florida and the City of South Miami saw an increased number of tropical systems that caused frequent and long -term power outages throughout the city and region. In reaction to the power outages, many residents of the city have begun purchasing or looking into purchasing permanent home generators. Concerned residents have also requested the Planning Department create an ordinance regulating the use of permanent home generators: PROPOSED AMENDMENT The amendment would be added to existing , Section 20.3.6 which is part of , the LDC Supplemental Regulations. The amendment' would create Section 20.3.6' (S) "General Requirements and Standards for Permanent Generators in Residential Zone Districts ". The new amendment addresses issues of safety, nuisance, and environmental issues as requested by the citizens of South Miami. Major components of the amendments include: • Environmental and electrical standards and certifications; Requirements for screening of generators and provisions for safe fuel storage; • Safety provisions concerning harmful carbon monoxide emissions; • Setback requirements and noise regulations; • Creation of a process for site plan approval by the Planning Department and a process for installation approval by the Building Department; l oft ^'r•...,g • Creation of an application and fee system for permanent generators; • Generators being installed in two family, townhouse or multi- family districts would be subject to the Special Use Approval process in addition to the standards and requirements set forth for all residential districts. PLANNING BOARD ACTION The Planning Board at its January 31 2006 meeting, after public hearing, adopted a motion by a vote of 7 ayes 0 nays recommending that the proposed amendment be approved RECOMMENDATION It is recommended that the proposed amendment Section 20.3.6 (S) "General Requirements and Standards for Permanent Generators in Residential Zone Districts" be approved on first reading. Attachments: Draft ordinance' Planning Board Minutes Excerpt 1 -31 -06 Public notices MD /DOD /SA \\MCGRUFF\PLA Agendas Staff Reports\2006 Agendas Staff Reports \1- 31- 06\PB -06 -003 LDC Amend Generators Report.doc 2 of t = celr..w-' r x",..��rcr�z+ri- ';:� -W �'.r,€5�- r..°wa.SFr.,"".� ?'ftt +xv•"F �.,..:A.r�''"0'.v' �,,.� -r.,1 1 2 3 ORDINANCE NO. 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 6 OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND 'DEVELOPMENT 7 CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 8 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR 9 PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS; 10 PROVIDING FOR SEVERABILITY, ORDINANCES 'IN CONFLICT, AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the citizens of South Miami have asked the City to create provisions 14 for permanent generators in residential areas;; and 15 16 WHEREAS, the proposed ordinance is based upon the most current national and 17 local standards for safety, nuisance control, and environmental health; and 18 19 WHEREAS, the Planning Board at its January 31, 2006 meeting, after a public 20 hearing, adopted a motion by a vote of 7 ayes 0 nays, recommending approval of the 21 proposed amendment; and 22 23 WHEREAS, the Mayor and City Commission desire to accept the 24 recommendation of the Planning Board and enact the aforesaid amendment. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 27 OF THE CITY OF 'SOUTH MIAMI, FLORIDA THAT: 28 29 Section 1. The South Miami Land Development Code is hereby amended by adding a 30 new Section as follows: 31 32 SECTION 20.3`.6.(S) GENERAL REQUIREMENTS AND STANDARDS FOR 33 PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS 34 35 (A) Intent and Purpose 36_ 37 The intent and purpose of this section is to regulate the use and installation of 38 permanent generators in residential' zone districts using standards listed herein 39 40 (B) Definitions 41 42 For purposes of this section the following definitions shall apply; 43 44 Decibel - A logarithmic measure of sound. Pertaining to generators the required 45 decibel level of the generator shall be listed in the generator manual or be measured 1 of 5 I by a sound engineer or other qualified individual as approved by the Building 2 Department. 3 4 Decibel Measurement - Decibels shall be measured according to industry standards 5 by qualified individual at the abutting_ property line. 6 7 Externally- filled generator - A permanent generator which receives fuel from an 8 external source, thus needing to be manually refueled in order to work properly. This 9 is accomplished through pouring fuel into an intake area (e.g_ gasoline) or connecting 10 containers of fuel to an intake valve (e.g. propane). 11 12 Internally- filled generator - A permanent generator which receives fuel from an 13 internal source. This is accomplished through a permanent connection to ''a fuel 14 source, thus avoiding manual refueling (e.g. natural gas). 15 16 (C) Submittal Requirements 17 18 (1) Installation of permanent generators in two - family, townhouse or- multi - family 19 zone districts shall be subject to all requirements set forth in this Section and shall 20 also be required to receive approval via the Special Use process in accordance with 21 procedures set forth in Section 20 -5.5. 22' _ 23 (2) Installation of permanent generators in all residential zones shall undergo the 24 following process: 25 (l ) Planning Department Submittal: 26 (a) Site plan drawings and specifications shall be submitted showing the 27 location of the property, the placement of the generator on the 28 property, location of all doors, windows and other openings into the 29 dwelling and each distance from the generator, measurements and 30 placement of exhaust of the generator, setback from abutting 31 property(ies), and screening type, size, and measurements. 32 (b) A copy of the generator's user manual listing specifications for the 33 generator. 34 (c) Any other information as deemed necessarby the Planning 35 Department. 36 (2) Building Department Application — Upon site plan and screening approval by 37 the Planning Department an awlication'and submittal process to the Building 38 Department shall have the following requirements: 39 (a) enumerated list of each electrical device that will be input into the 40 generator, the required' amount of voltage needed to power the 41 electrical device, and calculations showing the output of the generator 42 is not exceeded by the input of electrical devices 43 (b) Proof of purchase of an indoor, battery - powered carbon monoxide 44 detector. 45 c Si ed affidavit by a licensed electrician stating the installation will 46 follow the requirements of this ordinance, any other applicable city 2 of 5 I ordinances, the National Electric Code, the Florida Building Code and 2 any other requirement of law having_ jurisdiction over the process 3 listed herein. 4 (d) Approved Planning Department information listed in (C)(1) of this 5 ordinance. 6 (e) Any other information as deemed necessary y the Building 7 Department. 8 (3) If the generator is an externally -fuel filled generator, then the applicant shall' 9 submit the following to the 'Planning Department and the Building 10 Department: 11 (a) Description and specifications of the type of containers that will be 12 used to store the fuel. 13 (b) The area at the dwelling where the fuel will be stored. 14 ` (c) 'Fuel containers shall be kept outside pursuant to the "South Florida 15 Fire Prevention Code", Chapter 14 - Article III of the Miami -Dade 16 County Code of Ordinances and shall be held in an approved area and 17 properly screened 18 19 Criteria 20 21 (1) Location. Permanent generators shall only be permitted on improved property 22 with a principal structure and installed behind the front facade of the structure 23 (2) Setbacks. The generator shall be installed a minimum of 12 5 feet from the side 24 and rear property ines. 25 (3) Noise. The maximum noise output from the generator cannot ` exceed 65dB 26 (decibels) at the minimum setback. 27 (4) Emissions. 28 (a) Generator shall be installed at least five feet away from any window, door, or 29 other opening into the dwelling, 30 (b) Generator's exhaust shall be placed five feet from any window, door, or 31 opening into the dwelling, and a minimum of 15 feet from abutting properties. 32 (c) A battery- powered carbon monoxide detector shall be purchased and placed at 33 the nearest window, door, or opening into the dwelling 34 (d) The United States Environmental Protection Agency '( EPA) and the California 35 EPA Air Resources Board test and certify small engines for minimal 36 emissions: 37 G)' If the proposed generator is EPA or CARB certified the generator 38 shall be deemed to meet safe emissions standards. 39 (ii) If the generator is not ` EPA or CARB - certified the Building 40 Department shall make a determination if the generator submitted by 41 the applicant will result in emissions ` erformance which are 42 equivalent to the above standards. I 43 (5) Electrical requirements, generally: 44 a) Electrical permit for the installation of the generator shall be obtained by 45 licensed electrician or the electrician's agent. 3 of 5 1 b) The input of electrical devices into the generator shall not exceed the output of 2 the generator. 3 c) Any change in electrical inputs into the generator shall receive prior approval 4 from the Building Department and shall- be performed by a <licensed 5 electrician. Applicant shall resubmit all necessary items listed in Section C 6 herein. 7 d) The generator shall be certified by the Underwriters Laboratory (UL) for 8 electrical safety. 9 10 (6) Gas Supply, internally 11 a) An internal ag s supply into a generator shall be installed by an appropriate 12 licensed professional and the professional` shall obtain all proper and 13 necessary permits. 14 b) All specifications and information concerning an internal gas feed shall be 15 submitted with all other necessary information required. 16 17 (7) Gas Supply, externally 18 (a) In' order to to assure safety from fumes, spillage, and other °safety precautions 19 the Building Department shall examine and have the power to approve: 20 M Type of fuel; 21 (ii) Fuel storage containers, and; 22 (iii) Outdoor fuel holding area 23 24 (b) The Planning Department will examine site plans for an outside fuel storage 25 area and appropriate screening_ 26 (c) The applicant shall submit all information required under (D) 2)( of this 27 ordinance. 28 29 E Usage 30 31 The use of permanent generators shall be permitted only during the following: 32 33 (1 ) General power outage 34 (a) shut off immediately after utilities are restored 35 (2 ) Monthly testing. 36 (a) Only during the period 9 :00 AM to 5:00 PM 37 (b) Testing shall not exceed 30 minutes' 38 39 : F Fees 40 41 (1) A$50 fee shall be paid to the Planning Department as part of the site plan inspection 42 (2) Additional fees shall be established pursuant to Ordinance No 15 -04 -1822 as 43 amended, "Processing Fee Schedule" of the City of South Miami 44 (3) If the generator is externally filled, or does not meet emissions certifications 45 standards, the Planning Department or Building Department may have to assess 4of5 I additional fees to the applicant for research into whether or not the generator meets 2 safe emissions standards. 3 4 (G) Final Inspection 5 6 (1) Applicant shall setup a final site plan inspection with the Planning Department within 7 seven (7) days of final installation and screening of permanent generator and outdoor 8 fuel storage area, where applicable. 9 (2) No later than six months following the he approval for a permanent generator, the 10 applicant shall schedule a final inspection with the Department for verification and 11 acceptance of the final work authorized. 12 (3) Failure to meet final inspection deadlines shall: 13 (a) Prohibit the installation and use of the permanent generator, and 14 (b) Cancel the application process and force applicant to reapply to the Planning 15 Department and Building Department and pay all appropriate fees or 16 (c) Force the applicant to immediately remove the generator from the property 17 with notice, if there is no compliance 18 19 20 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 21 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 22 shall not affect the validity of the remaining portions of this ordinance. 23 24 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this 25 ordinance are hereby repealed. 26 27 Section 4. This ordinance shall be effective immediately after the adoption hereof. 28 29 30 31 PASSED AND ADOPTED this day of , 2006 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37' 38 1St Reading - 39 2nd Reading — 40 COMMISSION VOTE. 41 READ AND APPROVED AS TO FORM: Mayor Feliu: 42 Vice Mayor Wiscombe: 43 Commissioner Palmer: 44 Commissioner Birts - Cooper: 45 Commissioner Beckman: 46 CITY ATTORNEY 47 48 E: \Comm Items\2006\2- 21- 06\PB -06 -003 LDC Amend' Generator Ord.doa 49 5 of 5 SoUT�l o • IN- CORPORATED • 1927 +�ORX9 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 31, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton,; Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendeiro, Mr. Davis and Mr. Farfan. Board members absent: None City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Jim Montalvo, ,Esq. (City Attorney), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearings PB -06 -003 Applicant: City of South Miami AN ORDINANCE OF THE CITY OF 'SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO ADD SECTION 20.3.6 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Yates read the ordinance into the record. Mr. O'Donniley provided a background of this item. In 2005, South Florida and the City of South Miami saw an increased number of tropical systems that caused frequent and long -term power outages throughout the city and region. In reaction to the power outages, many residents of the city have begun purchasing or looking into purchasing permanent home generators. Concerned Planning Board Meeting Excerpt January 31, 2006 Page 2 of 3 residents have also requested the Planning Department create an ordinance regulating the use of permanent home generators. Mr. O'Donniley then explained the proposed amendment which would add to existing Section 20 -3.6 which is part of the LDC Supplemental Regulations. The amendment would create Section 20.3.6(5) "General Requirements and Standards for Permanent Generators in Residential Zone Districts ". The new amendment addresses issues of safety, nuisance, and environmental issues as requested by the citizens of South Miami. He summarized the major components of the amendment which include: • Environmental and electrical standards and certifications; • Requirements for screening of generators and provisions for safe fuel storage; • Safety provisions concerning harmful carbon monoxide emissions; • Setbacks requirements and noise regulations; • Creation of a process for site plan, approval by the Planning Department and a process for installation approval by the Building Department; • Creation of an application and fee' system for permanent generators; • Generators being installed in two family, townhouse or multi - family districts would be subject to the Special Use Approval process in addition to the standards and requirements set forth for all residential districts. Mr. Comendeiro expressed his concern that the setback requirement of having a minimum of 15 feet from the side property line may be difficult for homeowners to comply with since some lot sizes in this city are smaller than other. Ms. Yates also commented that the setbacks for the side and rear property lines need to be less stringent so that smaller lot sizes in South Miami have the opportunity to install permanent generators. Chairman Mr. Morton opened the public hearing. 'Speakers: NAME ADDRESS SUPPORT /OPPOSE Kimber- Maviani 5850 SW 84 St. Neutral Ms. Maviani provided the Board a hand -out on generator setbacks and decibel information she compiled. Ms. Maviani indicated that the allowance for rear properly line' setback is too far because at 15 feet from the rear that puts the generator 5 to 10 feet from the installing house. Also, she noted that lot sizes in South Miami do not accommodate 15 feet setbacks with a generator being placed 5 feet from the house and that with this proposal the generator will be in the middle of the backyard. Manfred Ledford 6461 SW 72 St. Neutral Mr. Ledford stated that he appreciated the work staff has done on researching this item. However, he thinks that there are some requirements such as the side setback that are very restrictive and should be tweaked so that all South Miami resident have the chance to install a' generator if they wish to. . `--rte -�'-•— n .. � ^,raa- ��a.,,.a�, ., „. :'�R:�.�' r,,',s,,� . � _4 ^—gat° ,a,,�'� c�'°r,`'; "�r;`? .•-n <..� s- ;tea H Planning Board Meeting Excerpt January 31, 2006 Page 3 of 3 Yvonne Beckman Neutral Ms. Beckman mentioned that new homeowners and builders that are constructing new mansion -type homes should be aware of this new ordinance so that accommodating a permanent generator will not become ,a problem. Ms. Beckman also suggested looking into solar powered generators because the idea of having a tank of gasoline in the yard is unsettling. The Board resumed discussion on this item. Ms. Lahiff inquired if the city could regulate the time at which generators could be operating. Mr. O'Donniley replied it was possible to limit the hours of operation if the Board agreed to change it. On page 3, Section 20- 3.6(S) (D)(4)(d)(ii), Mr. Beilman suggested in reference to portion that reads "the generator meets safe emissions' standards," if the standards could be quantifiable. Mr. Beilman proceeded to make a motion. Motion: Mr. Beilman motioned to add in the "Criteria" portion Section 20 3.6(S)(D)(4)(d)(ii) "the Building: Department shall make a determination on whether the generator meets safe emissions standards or its equivalent to meeting safe emissions standards that are quantifiable." Mr. Comendeiro seconded the motion. Chair Morton suggested the proposed amendment be discussed further and then a general motion could be made that would incorporate all the changes to the amendment. The Board agreed and continued discussion on the item. Mr. Beilman withdrew his previous motion Mr. Davis asked about permanent generators and how will they be affected by this ordinance. Mr. O'Donniley replied that permanent generators that are presently installed will be grandfathered in however; if they get replaced they will have to comply with the new ordinance. Motion: Mr. Comendeiro made a motion for approval with the amendments listed below: (1) On page 3, Section 20- 3i6(S)(C)(3)(c) fill in the blank space. (2) On page 3, Section 20- 3.6(S)(D)(4)(d)(ii) add to the section that refers emissions, "the building department shall make a determination on whether the generator meets safe emissions standards or its equivalent to meeting safe emissions standards that are quantifiable." (3) On page 3, Section 20- 3.6(S)(D)(2) Change the rear and side setback to a minimum of 12.5 feet from property lines. (4) On page 3, Section 20- 3.6(S)(D)(3) Change 63 dB to 65 dB. (5) On page 3, Section 20- 3.6(S)(D)(5)(a) reword the sentence to read "Electrical permit for the installation of the generator shall be obtained by the licensed electrician or the electrician's agent. (6) On page 4, Section 20- 3.6(S)(E)(2)(a) monthly testing will only occur during the hours of 9:00a.m. to 5:00p.m. Monday through Friday. (7) On page 4, Section 20- 3.6(S)(E)(2)(b) testing shall not exceed 30 minutes. (8) On page 5, Section 20- 3.6(G)(3)(iii) delete the word "without" and add the wording "with notice, if there is no compliance ". Ms. Yates seconded the motion. Vote: Ayes 7 Nays 0