07-27-04 Item 12To: Honorable Mayor, Vice Mayor & Date: July 27, 2004
Commission Members
From: Maria Davis ITEM No.— OPNO SpeciafUse Approval
City Manager
/V. 7090 SW 59t" Place
Photo Studio
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.3(D) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A
PHOTOGRAPHIC STUDIO IN THE "MO" MEDIUM - INTENSITY OFFICE ZONING USE
DISTRICT SPECIFICALLY LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR AN
EFFECTIVE DATE
APPLICANT'S REQUEST:
Pursuant to section 20- 3.4(A) of the Land Development Code (LDC) the applicant, Lewis Feldman is
requesting a Special Use Approval to operate a photo studio at the above referenced location. The
proposed use is located in the "MO" Medium Intensity Office Zoning Use District. A photographic
studio is permitted with Special Use Approval. The proposed use must meet the requirements for special
uses contained under Section 20 -5.8 Special Use Approval of the LDC.
STAFF ANALYSIS:
The applicant is requesting a special use permit to use the north half (1200 sq. ft.) of a one story building
(2922 sq. ft.) at 7090 SW 5 9t Place for a photographic studio. The other half of the building is occupied
by a non- conforming pool sales and service business.
The site faces a 5 story office building on the south (TODD- MU -5), a one story office building to the
north (MO), and the Metro Rail station garage to the east (PI). A four story hotel is located to the west.
(MO).
A total of 10 parking spaces are required for both uses in the building. The applicant's submitted site plan
appears to show 12 spaces provided for both uses. The submitted site plan must be revised in order to
show specific dimensions for each space and the parking area should be re- striped.
SPECIAL CONDITIONS APPLICABLE:
The LDC provides that special uses must be approved by the City Commission after a public hearing and
receipt of a recommendation from the Planning Board. The overall purpose is to determine; the
compatibility of the proposed use with the surrounding neighborhood. A special use must comply with
the conditions set forth in Section 20- 5.8(B) in that the use:
Special use approval
July 27, 2004
Page 2 of 2
a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
(c) Complies with all other applicable Code provisions.
STAFF RECOMMENDATION
The placement of a retail/ service use at this location is compatible with current uses on SW 59t" Place
and the requested use complies with the LDC requirements set forth for special uses in Section 20 -5.8.
Approval of the application with the following conditions is recommended:
(1) The applicant shall provide a revised site plan showing the actual dimensions of parking
spaces and driveways prior to the application being forwarded to the City Commission;
(2) The parking lot is to be re- striped in accordance with the revised site plan;
(3) If the subject use is, in the future, determined by the Director of Planning , to be adversely
affecting the health or safety of persons residing or working in the vicinity of the proposed
use, to be detrimental to the public welfare or property or improvements in the neighborhood,
or to be not in compliance with other applicable Code provisions, the special use approval
may be modified or revoked by the City Commission upon notification and public hearing.
PLANNING BOARD ACTION
The Planning Board at its July 13, 2004 meeting adopted a motion by a 5 aye 0 nay 1 recuse (Mr.
Morton) vote to approve the special use request subject to the above conditions recommended by staff.
RECOMMENDATION
Approval of the application with the following conditions is recommended:
(1) The applicant shall provide a revised site plan showing the actual dimensions of parking
spaces and driveways prior to the application being forwarded to the City Commission;
(2) The parking lot is to be re- striped in accordance with the revised site plan;
(3) If the subject use is, in the future, determined by the Director of Planning, to be adversely
affecting the health or safety of persons residing or working in the vicinity of the proposed use, to
be detrimental to the public welfare or property or improvements in the neighborhood, or to be
not in compliance with other applicable Code provisions, the special use approval may be
modified or revoked by the City Commission upon notification and public hearing.
Attachments:
Draft resolution
Application
Location Map
Letter of Intent /Justification
Survey
Floor Plan
Planning Board Minutes Excerpt 7 -13 -04
Copies of Public notices
MD /DOD /S : \Comm Items \2004 \7 -27 -04 \Photo Studio 7090 SW 59 Pl .doc IQO;Q_
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
20- 3.3(D) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO LOCATE A PHOTOGRAPHIC STUDIO IN THE "MO"
MEDIUM - INTENSITY OFFICE ZONING USE DISTRICT SPECIFICALLY
LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Lewis Feldman has submitted an application for a special use approval to allow a
photo studio to locate in the "MO" Medium - Intensity Office zoning district specifically located at
7090 SW 59t" Place; and
WHEREAS, a photographic studio is allowed as a special use in the "MO" Medium - Intensity
Office district subject to meeting general conditions specified in LDC Section 20 -5.8 ; and
WHEREAS, the approval of a special use requires a recommendation from the Planning Board
and the approval of the City Commission after a public hearing; and
WHEREAS, on July 13, 2004 the Planning Board, after public hearing, voted 5 ayes , 0 nays
and 1 recuse to recommend approval with conditions of the special use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That an application for special use to allow a photographic studio in the "MO" Medium -
Intensity Office zoning district specifically located at 7090 SW 59th Place is hereby approved subject to
the following conditions:
(1) The applicant shall provide a revised site plan showing the actual dimensions of parking
spaces and driveways prior to the application being forwarded to the City Commission;
(2) The parking lot is to be re- striped in accordance with the revised site plan;
(3) If the subject use is, in the future, determined by the Director of Planning , to be adversely
affecting the health or safety of persons residing or working in the vicinity of the proposed
use, to be detrimental to the public welfare or property or improvements in the neighborhood,
or to be not in compliance with other applicable Code provisions, the special use approval
may be modified or revoked by the City Commission upon notification and public hearing.
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7 ' Section 2: This resolution shall be effective immediately after the adoption hereof.
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11 PASSED AND ADOPTED this _ day of , 2004
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15 ATTEST:
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18 CITY CLERK
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21 READ AND APPROVED AS TO FORM:
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26 CITY ATTORNEY
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APPROVED:
MAYOR
40 E: \Comm Items \2004 \7 -20 -04 \Special Use Rest 5850 Sunset Resol.doc
Commission. Vote:
Mayor Russel:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath-says that he or she is the
SUPERVISOR; Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - JULY 27, 2004
RESOLUTION REQUEST FOR A VARIANCE SECTION 20- 3.6(B) (7), ETC.
in the XXXX Court,
was published in said newspaper in the issues of
07/15/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore -been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this ertise publication in the said
newspaper..
zzl
Sworn to andsubscr' d before me this
15 da JUL s A. 2
f(SEAL) U
O.V. FERBEYRE per nally k* to NETTLLERENA
MY COMMISSION # DD 307105
r� ti EXPIRES: June 23,2008
6onded Thru Notary Public Underwriters
City of South Miami
PB -04 -009 Special Use Approval
7090 SW 59 Place
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City ®f South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591
110
Application For Public Hearing Before Planning Board & City Commission (
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: �o
_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
_ Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17 ")
_ 15 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)
read this completed application and represents that the information and all submitted materials are true and
the applicant s knowledge and belief.
Applicant's Signatar nd title Date
Upon receipt, a plications and all submitted materials will be reviewed for compliance 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 Payment
8/2/00
l
June 7, 2004
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
Miami, Florida 33143
RE: Letter of Intent
Dear Planning Board Members,
Fine Arts Photographers is submitting a special use application to occupy the
premises at 7080 SW 59 Place, South Miami, Florida 33143, for a photographic
studio. o
Fine Arts Photographers have operated in Dade County since 1950. We are a full
service photographic digital studio that provides services for families, high school
seniors, corporations, and organizations with business related photographic needs.
For the past forty -four years we have operated in close proximity to our requested
location. From 1960 to 1993 we were at the Riviera Theatre Center and from 1993 -
2004 we have operated at 1556 Venera Avenue, Coral Gables, Florida across form
the Shops of Sunset Place. We have a generational cliental from the South Miami
and Coral Gables area. We would like to continue serving our customers and make
new ones at the requested location.
Sincerely,
Lewis Feldman
President
Fine Arts Studios, Inc.
FINE ARTS STUDIOS, INC.
1556 VENERA AVENUE CORAL GABLES FLORIDA 33146 305 -661 -1685 www.fineartsphotographers.com
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The South 110 feet of Tract 1 . of AMENDED PLAT OF COMbEI CIAL LARINS ,
accordi:ng-:to the; Plat.. thereof as recorded in. Plat- Book 38 at. Page
5 of.; the Public Records -of Miami. -Dade County, Florida.
PrOPei-ty Street Address:
7090 S.W. 59th. Place,
Unincorporated Areas of Miami -Dade County,
Florida.
This Survey is Certified to:
Robert Spiegel and William Spiegel.
SURVEYOR'S NOTE:
A portion of the parking area of this
building is located in the 10 Ft. AUE,
(not a part of this proper-ty as per LBAL
DESCRIPTION), adjacent and parallel with the
Westerly boundary line of TRACT 1 .
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Records Miami_ -Dade County.
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SUR%TYC^,S FLro Kz,� 'S C??�..
12735 S.W. 34th. 41 `
ALBDZT BUMIELDr , P.S.M. % Miami, Florida 33175
Professional Surveyor b Ma Ph..: 3Q5-221-3663
:Registration M. 2263 Fax. '3 05 - 221 -6317
SrATE OF Fi )MA. j 305= 880 -6016
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JOB NO.: 2004 -10 -38
.DATE: May 8, 2004 -:, REVISED: May 18, 2004
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DESCRIPTION: M- D.C.B -M.= MI -DAVE CoUK^5' rg.
The South 110 feet of Tract 1 . of AMENDED PLAT OF COMbEI CIAL LARINS ,
accordi:ng-:to the; Plat.. thereof as recorded in. Plat- Book 38 at. Page
5 of.; the Public Records -of Miami. -Dade County, Florida.
PrOPei-ty Street Address:
7090 S.W. 59th. Place,
Unincorporated Areas of Miami -Dade County,
Florida.
This Survey is Certified to:
Robert Spiegel and William Spiegel.
SURVEYOR'S NOTE:
A portion of the parking area of this
building is located in the 10 Ft. AUE,
(not a part of this proper-ty as per LBAL
DESCRIPTION), adjacent and parallel with the
Westerly boundary line of TRACT 1 .
^'_JOD tht= ;3r2Ml;Tldh: I=LOOD ZONE _AH (9' ) TLOOD iN'SURANCE RATE MAD
12005 -0260 J (7/17/.1995).
a a t3. -Nt �3 ��. �e si �i _ `c= to
_ 4`. -==s S--vey dues =-- -'P� -` [� ['p`°'�+"`t° O 's'- '_� =.+2 Sec C.r 8 �'_1'M
6,-North a �e + : of its a a.,,mtZ.. (=less r� tie-z� � ..-
Arrm sbown is as per Plat Book 38, 'Page 5, Public a..��
Records Miami_ -Dade County.
FLeRwY recer : That e e adtaded N'L Abi C+F SUR1l T o! ttK sboK � Pf°P ertY, is true sod =rr� to the bes: of my krwMerdpe
r
xho beZfQ: tS tGG'tl'[t'ty 1rid.DiitltLi Lalde: I" Qtfe^''.. 0r; tiaJ ttu trwt aR fl 11
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SUR%TYC^,S FLro Kz,� 'S C??�..
12735 S.W. 34th. 41 `
ALBDZT BUMIELDr , P.S.M. % Miami, Florida 33175
Professional Surveyor b Ma Ph..: 3Q5-221-3663
:Registration M. 2263 Fax. '3 05 - 221 -6317
SrATE OF Fi )MA. j 305= 880 -6016
42
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 13, 2004
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 7:47 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. Yates, Ms. Gibson, Mr.
Comendeiro, Mr. Liddy, and Mr. Illas.
Board members absent: Mr. Mann.
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning
Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
IV. Planning Board Application / Public Hearings
PB -04 -009
Applicant: Lewis Feldman
Location: 7090 SW 59th Place
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.3(D)
OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO
LOCATE A PHOTOGRAPHIC STUDIO IN THE "MO" MEDIUM - INTENSITY OFFICE
ZONING USE DISTRICT SPECIFICALLY LOCATED AT 7090 SW 59th PLACE AND
PROVIDING FOR AN EFFECTIVE DATE.
Note: Chairman Morton informed the Board and staff that he would recluse himself
Planning Board Meeting
July13, 2004
Page 2 of 6
from this item because he may have a potential professional involvement with this project
in the future. He turned the gavel over to Board Vice - chair, Mr. Illas.
Action: Mr. Liddy read the item into the record and Mr. O'Donniley presented the staff
report. He explained that pursuant to Section 20 -3.4 (A) of the Land Development Code
(LDC) the applicant is requesting a Special Use Approval to operate a photo studio at 7090
SW 59th Place. The proposed use is located in the "MO" Medium Intensity Office Zoning
Use District. A photographic studio is permitted with Special Use Approval. The proposed
use must meet the requirements for special uses contained under Section 20 -5.8 Special
Use Approval of the LDC. The applicant will be occupying the north half (1200 sq. ft.) of
a one -story building (2922 sq.ft.) at the above referenced location for a photographic
studio. The other half (front) of the building is occupied by a non - conforming pool sales
and service business. Mr O'Donniley added that the site faces a 5 story office building on
the south (TODD-MU-5), a one story office building to the north (MO), and the Metro Rail
station garage to the east (PI). A four -story hotel is located to the west (MO).He further
stated that a total of 10 parking spaces are required for both uses in the building. The
applicant's submitted site plan appears to indicate 12 spaces. The submitted site plan must
be revised in order to show specific dimensions for each space and the parking area should
be re- striped. Finally, Mr. O'Donniley indicated that he recommends approval of -the
application with the following conditions:
1) The applicant shall provide a revised site plan showing the actual dimensions of
parking spaces and driveways prior to the application being forwarded to the City
Commission;
2) The parking lot is to be re- striped in accordance with the revised site plan;
3) If the subject use is, in the future, determined by the Director of Planning, to be
adversely affecting the health or safety of persons residing or working in the
vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other
applicable Code provisions, the special use approval may be modified or revoked
by the City Commission upon notification and public hearing.
At this point, Mr. Morton opened the public hearing.
The Board, applicant, and staff discussed the request. Board member Mr. Liddy asked Mr.
Feldman how heavy is their traffic load on a daily basis? Mr. Feldman responded daily
they have about 10 customers come into their studio. In addition, the only deliveries they
received were from the U.S. Postal Service and UPS. Ms. Gibson inquired about the re-
striping of the parking spaces because it appeared to her to be quite small. Mr. Spiegel said
that he would be willing to re- stripe and that it will be shown on a revised site plan.
Applicant: Lewis Feldman (President of Fine Arts Studio, Inc)
Robert Spiegel (Owner of property)
Motion: Ms. Gibson moved for approval with the following conditions as recommended
by staff:
(1) The applicant shall provide a revised site plan showing the actual dimensions of
Planning Board Meeting
July13, 2004
Page 3 of 6
parking spaces and driveways prior to the application being forwarded to the
City Commission;
(2) The parking lot is to be re- striped in accordance with the revised site plan;
(2) If the subject use is, in the future, determined by the Director of Planning , to be
adversely affecting the health or safety of persons residing or working in the
vicinity of the proposed use, to be detrimental to the public welfare or property
or improvements in the neighborhood, or to be not in compliance with other
applicable Code provisions, the special use approval may be modified or
revoked by the City Commission upon notification and public hearing.
Mr. Illas seconded the motion. The motion was approved by the following vote:
5 Ayes 0 Nay 1 Recluse (not- voting) (Mr. Morton)
E: \Comm Items \2004 \7 -27 -04 \Excerpt Mins 7090 59 PI 7- 13- 04.doc