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08-03-04 Item 9CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: August 3 2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager '" 6230 SW 70th Street . A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Dr. Arthur Kolsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated "RO" Residential Office Zoning Use District. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20- 4.4(B) " Parking Requirements " • Land Development Code Section 20 -4.4 (F)(3) "Location /Ownership of Spaces" • Land Development Code Section 20 -5.9 "Variances Approvals " Land Development Code Section 20-6. 1 (B)(3)(h) "Planning Board Duty" BACKGROUND (1) The subject property is a single family residential building which is a legal non- conforming structure (dimensions substandard). The property may continue to be (2) used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non - conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic. North of the property (RS -3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM -24) is an apartment building and a tennis court. (3) The parking variances are being requested so that the number of off - street parking spaces provided would be sufficient to permit the structure to be used for commercial offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off - street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental or other health related uses would not be able to locate in this building due to a higher number of spaces required. The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. (5) The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district. The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS / RECOMMENDATION • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. • The applicant also points out the the requested will allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a C &A specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of the subject property. • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. The approval of the variances should recognize that certain type of commercial offices will not be permitted due to their increased parking requirement. It is recommended that the two requested variances for 6230 SW 70th Street be approved subject to the following condition: commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. PLANNING BOARD ACTION The Planning Board at its July 13, 2004 meeting adopted a motion by a vote of 4 aye 1 nay to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. RECOMMENDATION It is recommended that the variances requested be approved with the conditions recommended by the Planning Board: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. Attachments Draft Resolution LDC Applicable Regulations Location Map Application Letter of Intent /Justification Survey, Proposed Site Plan Planning Board Minutes 7 -13 -04 Excerpt Copy of Public Notices MD/DOD /SAY ; C E: \Comm Items \2004 \8 -3 -04 ce 6230 SW 70 Str Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE 9 LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE 10 THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 11 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO 12 BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO 13 ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB -04 -011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Kolsky, said application requesting approval for : (1) a variance from Section 18 20- 4.4(b)(10) of the Land Development Code to allow four off - street parking spaces where the 19 required off - street parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the 20 Land Development Code to allow required parking to be located in the front setback area which 21 is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Kolsky requesting approval for : (1) a variance from Section 20- 4.4(b)(10) of the 35 Land Development Code to allow four off - street parking spaces where the required off - street 36 parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the Land Development 37 Code to allow required parking to be located in the front setback area which is prohibited in the 38 RO zoning use district is hereby approved with the following conditions: 39 40 (1) Commercial offices including but not limited to medical, dental, health related uses, day care 41 centers, and any other similar use which has the same required parking are prohibited from 42 locating in the subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this , day of 52004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts- Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 E: \Comm Items \2004 \8 -3 -04 \6230 SW 70 Variance Resol.doc ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Develonment Code Section 20 -4.4 (B) Parking Requirements Space Requirements. The minimum number of off - street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20 -3.31). Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one -half (1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten (10) units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. (5) One and three- quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred (100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One (1) space per two hundred (200) square feet of gross floor area. (10) One 1) space per two hundred fifty (250) square feet of gross floor area. (11) One (1) space per three hundred (300) square feet of gross floor area_ (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand (1,000) square feet of gross floor area. (15) One (1) space per four (4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. • Land Development Code Section 20 -4.4 (F)(3) Location /Ownership of Spaces (F) Location and Ownership of Spaces. 9 (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off - street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • Land Development Code Section 20 -5.9 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. (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 (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of 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 • Land Development Code Section 20 -6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (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. 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 /Wa 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 HEARING - 8/3/2004 FOR THE CREATION OF TWO BUILDABLE LOTS, ETC. in the XXXX Court, was published in said newspaper in the issues of 07/23/2004 Affiantfurther 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 is adv ' ment for publication in the said newspap . -1 Sworn to and subscribed before me this 23 LY -B. 2004 (SEAL) Maria I. its O.V. FERBEYRE personal * ExOres ftt�.tmmission DD293855 March 04e 2008 guffkodyr Maxing cSalonfor A(en & Momen 27 Fm PSAT, ACT, SAT H, and individual tutoring 305-529-3999 DIMION OF CONTMMG! 3: sl City of South Miami PB -04 -011 Special Use Approval 6230 SW 70th Street 6 6611 6610 6611 6610 6611 6610 6621 0 6616 6621 6620 6620 6621 6620 U 6631 U 6621 0 V 6632 Q 6631 6630 6631 6640. 6631 6630 p 6701 6700 _ 6641 6700 � 6700 6701 6700 N 0 " CO 6701 6701 N N 6711 6710 6711 6710 6711 6710 6721 6718 � 0 07 6720 6721 6720 6721 6720 o w � 6721 6731 6730 6731 6730 6731 6730 6731 ro SW 68TH ST 6802 6801 6800 6801 6800 3 WCzet). 6815 6810 6825 6825950 M 6825 6820 C° 6841 41 p a �3 � o �`� 69 6910 rn CO 6g 0, ���� 6917 `t 0 v °� o °° o 0 6930 0 0 69 2 5 6912 6240 6230 M CO co co cfl 6929 0 ° N 6931 N °' 6950 �o �p ° 1 0 � v m o ° °m � gg41 co°j m 6940 6941 co `° co `° 6970 6941 70TH ST D 7000 7001 0 �0 o rn 7009 m E7001 M _ > ^ `° "0 7040 7011 7020 7021 m 7010 Q 7015 7000 U 7021 7030 7041 7030 fy 7101 �-- 7109 7031 M CO 7105 N O 7051 W 7090 7040 0 7040 io t0 7101 7110 7111 7110 7107 SUBJECT � > Q 7171 7110, r 7115 7114 7111 PROPERTY- o F-- 07 n 7111 7120 co 0 M o-, 6'� O, 7121 _ N ro 6201 z El 6101 0 " not co m w CND SW 72ND ST _— CD I-CS-41, 0 633 32 6310 46180-_- �� 7223 N J N 7230 7231 0 7231 �O CL N C° o 7243 7240 � ti N ' 7251 Z o 7240 7301 7248 N w CO 7311 CN 7311 7340 7310 7313 7320 7300 7321 7320 :,-> 7321 7331 7330 07 73331 7330 ro �o 7341 7340 6331 7340 ch r w 0 m ® City of South Miami Planning & Zoning Department 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: Z30 y -70 S Lot(s) Block Subdivision PB - — — Meets & Bounds: Applicant: Phone: Representative: Organization: Address: Phone: Property Owner: /i � .j� w i'@ �9 Signature: - Mailing Address: Phone: 3 740 1 Architect/Engineer: r _ Phone ' 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 Current survey (1 original sealed and signed /1 reduced copy @ 11 "x 17" 5 copies of Site Plan and Floor Plans A W ha"11- - 'g r� 1 reduced copy @ 11" x 17" _ 20% Property owner signatures " Section: '20 Subsection:" Page Amended Date: Mailing labels (3 sets) and map Required Fee(s) The undersigned has read this c mpleted application and represents that the information and all submitted materials are true and come the esb of the a lica ti's k Algg�,'e and belief. A __ '4 A 9W r / 21' U App icant's Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for co Hance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected andpreturned to the applicant. OFFICE USE ONLY: Date Filed °�k:Lo Date of PB Hearing -0 Date of Commission Petition Required Petition Accepted aJ Method of Payment, Skin Source Inc. 8220 SW 52 Ave S. Miami, FL 33143 305- 740 -6181 Application for Zoning Variance Date: May 23, 2004 Location: 6230 S.W. 70" Street, South Miami, Florida 33143 Legal Description: 25 54 40.10 AC W54FT OF N88FT OF E137FT OF N150FT OF W1 /2 OF SE I/4 OF SE 1/40F SW 1/4 LOT SIZE 4750 SQUARE FEET OR 10160 -2164 0600 1 Variance Requests for the above referenced property: 1. to allow for parking in the front set back zone. 2. to allow for one less parking space than currently designated Hardships. Whereas: I. The inherent lay of the land and existing improvements directly interfere with available space for off street parking. a. The configuration of the footprint of the preexisting structure does not accommodate sufficient space for parking in the rear or on either side of the improvement. b. The presence of old growth oak trees centrally located within the perimeter of the property directly interferes with available grounds available for parking space construction. c. The size and shape of the land presents a peculiar hardship by interfering with the design necessary to accommodate parking space requirements. d. The resultant lack of available off street parking directly interferes with the allowed use of the property in its current R -O zoning classification as a commercial office, Justification: Whereas the subject property: 1. contains a preexisting structure; 2. is subject to zoning requirements that do not allow for parking within the front set back; 3. occupies a unique configuration that presents a peculiar hardship; 4. will necessitate demolition of the existing structure in order to achieve sufficient set back for parking space design; 5. contains old growth oak trees which occupy coordinates critical for parking space design And whereas: 1. preservation of the existing structure would maintain the residential character of the property; 2. use of the front set back for off street parking is in keeping with similar use of the front set back zones of the neighboring residential properties; 3.. preservation of the existing old growth oak trees would be accomplished 4. the requested modification in the number of parking spaces only represents a fractional reduction in the currently designated five spaces per 250 ft2 to the fractional difference of one space for every 279 ft2. Granting of the above requests for variances will cure the existing hardships and allow for use of the property in its current R -O zoning classification as a commercial office. For these considerations, 1. any claim to use the property for a more intensive commercial use, such as a medical office, will be relinquished; 2. a comprehensive landscaping plan presented herewith will provide enhancement of the current vegetation and natural beauty of the property; 3. such landscaping would further camouflage the proposed parking spaces in the front set back. Thank you for your co iderat' n of the ab ve requests for variance. Arthur S. Colsky LOCA11ON MAC' (N.T.s.) f el 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 2 of the Southeast J, of the Southeast of the Southwest 4 of Section 25, 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, STEWART TITLE GUARANTY COMPANY, INC. &RVEYOR RS NOTES: PFEPAFED BY: 1) This survey was Conducted for tie purpose of a'Bo ndafy S~ ony, and a not tnberlded to delineate the OIQUIR ( jUrWhctOn f®deraf, ^.' t♦ �� GROUP INC GUN ER GROUT' NN of try state. regional or loc agency, board. commissiorh orcmar erhtty. 2) The accuracy otm by mdaaunernerne and ralouliibons on this arrvev, maple and esc epda the Ms rnum Tearncal standards wwAramente Rr a Suburban area (t foot In 7.668"as specified In Chapter 81G17 -8. Florida �dms4stirative Cope. 1 LH 4507 LAIC SURVEY�K3 —LAND P-:Z- �fdG 3) This Survey does not reflect or determine owners ". 9350 S.W. 22nd TERRACE 4) Leyetdeacelpgdn autdadtlo any de idatloro, Ifine®tionii. restncecns reservadc ns or easernanta of record. bl ExamMtatldn of the Abstract of TWO Nid:have to be made to determine recorded Ineturnents. it any affaotrhp the properly, Marc-) MIAMI, FLORIDA 33165 n/.r mat r car 305) of Public 'Records not performed by this office: La) usw9uam ( 220-0073 6) NO fel was made by this Office t0 ldc®Ge any underground undies ar4or stnroturm wsvn or aouitthp its artlleo prhaperp... lc:�,) c 11tn 8) Thy atrvey has Doan- prepared for the excarsN a use of the ernes named henaon drily and the c9difi aaorre hereon do not M FMM adr w+t rag Pcao X_aur BrRar9d'EOarT,, hrhnernad pantos. Std- LPBisj facisses vrielifa UtRry'E66errheftBS rwf rhdtacd as violations rlr POtra:Qau, dell r s r -1i1 t( o pdr�One tfia. wi1M Roadways not noted ae violations of OnCrpabhrrwtnls 9� rya aloof a+ham 11) Foundstdns and/or lodtngs undameseh the Wound surface that mey crass bsydnd the bfwndery Ilnes of the herein described ") rwrca Parcel are not shown 12) Ali Yon F10" Or Ra' W found and shown On the eke" of Survey have no Ceps untees Otherwise stated. t p tt U19 13) Faroe ownership O t mine tar vbuW means only N anyi; Le" ownership not (Iefarri"ad. - 14) Nyltaetoh d records was made try" Nm beside the record Plat; tharalcm we do not ImpN or ameot respoarabiltr ku any aa. alofswa, ftr. no n UM FUME Eamemeft, Dedication or LMntatlan for which Information was not furnished. 151 CePltecf the appropriate xrthorltea Par to arty design work on the nareon- aoscrmad Parnal to &akY1g, also Zoning uaorrnatvn cure Oc"W7E � ,,,* 16):TofBSeioal tend Burwsyor and Mapper In responsible charow Rolando Ordz LS 4312. Slate of Florida. r u wlel enrr / 1 T) TFhM purvey Is not valid -wthmd the slgrisk" and tiro raised Sea} of a Florida Licensed Land Surveyor and Mapper u-00) P�a.i B'f: R LAtipO ORT1Z LS 43f 2 I hmaby �y to the :above named firm and" persona t» the Sketch of Surveys the described property a rnre and correct to P:CP PdYANrtr1 COF1HOl Pasir OR:. RICARDO ORTtZ LS 5629. Pr. Pan a• 7wfamecnw Pe Poem or ecmahua PROFESSIONAL LAND SURVEYOR mabeal of my fmowle�e and belie!. as reemisy surveyed and OW00 under Standards set rn t�h my alrection: stag flat meets d1e NY w"Um Technical spier 61p17 -6. Flddda Administrative Code, pursuant to Section 4-72.027 Florida Btataas. P.' PPM t" T!"�* k MAPPER. -STATE OF FLORIDA. DA JOB Cie.. WETCCH [7RA 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'Donnile Consultant), Gremaf Reyes (Video Secretary). PB -04 -011 Applicant: Dr. Arthur Colsky Location: 6230 SW 701h Street y (Planning Director), Sanford A. Youkilis ( Planning Support), and Patricia E. Lauderman (Planning Board Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE Planning Board Meeting July 13, 2004 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. Note: At this time, Mr. Illas informed the Board with regards to Item PB -04 -011, he would recluse himself from voting. He explained that as a realtor he had assisted in the closing for the purchase of the property. Mr. O'Donniley concurred that it was appropriate for him to recluse himself. Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained that the applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated "RO" Residential Office Zoning Use District. Additionally, Mr. O'Donniley stated the parking variances are being requested so that the number of off - street parking spaces provided would be sufficient to permit the structure to be used for commerical offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off - street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for mist professional and business offices at a formula one space for each 250 sq. ft. of gross floor area. Offices such as medical dental or other health related uses would not be able to locate in this building due to a higher number of spaces required. He also noted that the applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. Planning staff recommended that the two requested variances for 6230 SW 70th Street be approved subject to the following condition: commerical offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. At this point, Mr. Morton opened the public hearing. Applicant: Arthur Colsky (Owner) The Board, staff, and applicant discussed the request. The applicant stated that the property will not be used for medical purposes, instead it will be used as an office. He plans on improving the appearance of the property with landscaping materials and will save the two large oak trees, which are shown on the site plan. Furthermore, Mr. Colsky stated that he Planning Board Meeting July 13, 2004 had no objection to adding turf blocks to the property. Mr. O'Donniley commented he had an e -mail which he needed to enter into the record. This email was written by Beth Schwartz, who is a neighbor located two houses away from the 6230 SW 70th Street. She indicated in her email that any consideration of the variance request should be based upon requiring the implementation of the Parking Study for the street.. She further explained in her e -mail that neighbors would like to request a small raised and landscaped culdosac which could be placed adjacent to the newly relocated do not enter signs. This culdosac would allow for commerical parking on the east side in a semi circular fashion as to provide for maximum parking spaces, and a moderately landscaped greenspace area on the west side for the many residents who walk. Speakers: NAME ADDRESS Dean Whitman 6259 SW 701h Street Opposed application Mr. Whitman strongly opposed the application. He provided the Board with an article from the Miami Herald. Furthermore, he voiced his opinion about traffic problems in the area and his disagreement with the requested variance. After hearing a summary of Ms. Schwartz's email Ms. Yates recommended that in the future the Parking Study be further review by Planning Staff. In addition, Board member Ms. Gibson informed the Board that the property was formally used as a day care center classroom. Mr. O'Donniley stated perhaps that it was for that reason that the "RO" zoning was designated. Board member, Mr. Comendeiro was concerned of the possibility of a day care being opened on that property. Mr. O'Donniley asked the applicant, Dr. Colsky if he had any objections to specifically eliminating day care as a potential use. Dr. Colsky had no objection. Therefore, the following amended motion was passed. Motion: Ms. Gibson moved and Ms. Yates seconded a motion to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. The motion was approved by the following vote: Vote: Ayes 4 Nays I( Mr. Liddy) Recluse 1 (non- voting) (Mr. Illas) EAComm Items \2004 \8 -3 -04 \Excerpt PB Mins 6230.doc a� CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, June 15, 2004 City Commission Chambers 7:30 P.M. 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, Mr. Illas, Mr. Liddy, Mr. Comendeiro and Mr. Mann. Board members absent: Ms. Yates and Ms. Gibson. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). TTI_ Administrative Matters Mr. O'Donniley stated that since the City Commission approved the amendment to the LDC, which related to the Planning Board calling for special meetings to take place, tonight's meeting was possible due to that action. In addition, he informed the Board that the next meeting would be held on July 13, 2004. Planning Board meeting June 15, 2004 Page 2 of 6 IV. Planning Board Application / Public Hearings PB -04 -007 Applicant: Said Almukhtar Location: 5850 Sunset Drive Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "NATURAL CHICKEN GRILL" IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET DRIVE. Action: Mr. Morton read the item into record and Mr. O'Donniley presented the staff report. He explained that the applicant is requesting a Special Use Approval to operate a general restaurant named Natural Chicken Grill in part of the ground floor of an existing two story building located at 5850 Sunset Drive. A general restaurant is permitted with Special Use Approval. The proposed use is located in the "SR(HD)," Specialty Retail Hometown Overlay Zoning District. The proposed use must meet the requirements for special uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section 20- 5.8 Special Use Approval of the LDC. Mr. O'Donniley stated that the first floor was previously operated as a restaurant called Koo Koo Roo. The space has been vacant for the past two years. The LDC specifies in Section 20 -3.4 (11)(4)(d) that a restaurant in the SR district may only occupy a maximum of 25% of the ground floor area of the building. Based upon a review of the survey, the restaurant would exceed the limitation; staff felt that this provision might not be applicable to this property. It is also noted that the Hometown Overlay Zoning District Regulating Plan (map) designates this building as a "contributive building" (having historic / architectural merit), and therefore it is exempt from providing required parking spaces. (LDC Section 20 -7.6 (C)(3))• Mr. O'Donniley advised staff would recommend approval of the application with the following conditions: (1) the applicant shall provide a floor plan for the restaurant interior to be submitted prior to the application being forwarded to the City Commission; (2) If the subject general restaurant is, in the future, determined by the Planning Director, to be adversely affecting the health or safety of person residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, 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. Applicant: Said Almukhtar 5850 Sunset Drive At this point, Mr. Morton opened the public hearing. Planning Board meeting June 15, 2004 Page 3 of 6 No speakers spoke in favor or against this item. Mr. Youkilis informed Mr. Almukhtar that he needed to submit floor plans. Additionally, he stated to the applicant that this item could possibly be in front of the City Commission at the meeting of July 20. Mr. Morton requested that at the next Planning Board meeting of July 13, the Planning staff provide an update on this item. Motion: Mr. Morton moved to recommend for approval, subject to the following conditions: 1) review by the City Attorney of the special use provision applicable to restaurants in the SR to determine if it is not in conflict with the code; 2) make a provision for a refrigerated garbage storage, prior to routine pick -up, and that be coordinated with staff; 3) incorporate both staff recommendations. Mr. Liddy seconded the motion. The motion was approved by the following vote: Ayes 5 Nays 0 V. Planning Board Work Program (A): ADULT ENTERTAINMENT ORDINANCE: Report on the status of proposed ordinance Mr. O'Donniley first provided some background information on the issue. He stated that the City Commission at its June 1, 2004 meeting approved on first reading a proposed amendment to the Land Development Code that would permit adult entertainment establishments as a permitted use in TODD (LI -4), Transit Oriented Development District (Light Industrial -4) Zoning Use District. The ordinance approved also provided for distance requirements between adult establishments and churches, schools, parks, playgrounds and residential uses, and between individual adult establishments. During discussion it was felt that the maximum number of establishments that could be located in South Miami should take into consideration the location of these uses in surrounding jurisdictions. Staff was requested to estimate the cost of doing this type of study including an estimate of the distance from the city, which should be included in the survey. Mr. O'Donniley stated that a limited portion of the survey and data collection can be carried out by in house staff, however, the bulk of the research including field studies will require an outside consultant to assist. He informed the Board members that the City Commission accepted a cost of up to $5,250 for the hiring of consultants to assist in the field and research work. The Planning Department will report the findings obtained by the consultants, as well as the data gathered from the in house staff and present all the information to the City Commission. Planning Board meeting June 15, 2004 Page 4of6 Board member Mr. Mann, on a separate issue, commented about the signage of BT Gentlemen's Club. He stated that the sign appeared to him more pronounced and called more attention to the business. He suggested that the signage be reviewed. (B): LAND DEVELOPMENT CODE: New Chapter Reviews Mr. Youkilis stated that the Board at its October 14, 2003, January 27, 2004, March 9, 2004, April 13, 2004, May 11, 2003 meetings reviewed and approved a total of nine chapters of the new LDC. There are now 2 chapters remaining for review. Mr. Youkilis explained that for this meeting, the Board would be reviewing Part I of Chapter II "Zoning Districts / Permitted Uses ". The special committee of the Zoning Task Force prepared this chapter. The chapter was presented to the Task Force in January, 2003 at which time the Task Force adopted the proposed draft. Mr. Youkilis notified the Board that the whole Chapter II will not be presented tonight. For the meeting in July, the remaining part of this chapter will be discussed. Mr. Youkilis stated the major revisions to the chapter being presented. This chapter places together all of the City's zoning districts into one chapter whereas, the current LDC has certain zoning districts as individual chapters (CS -OV, TODD, Hometown). On page 4 Section 20 -2.16, he directed the Board's attention to a new format displaying on one page the zoning use districts, development standards, and uses permitted. On the following section (Section 20- 2.17), he called their attention to the three different categories of permitted uses with their respective definitions, as permitted by the Task Force. The three uses are permitted, conditional, and special. Next, he spoke about the new format being used for all residential, office, and commercial zones. The new format has the following headings: district purpose, uses allowed, development regulations, and supplemental requirements. This new format, for the zoning districts, is found from pages 5 -24. At tonight's meeting, pages 22 -66 were not included in this Part I review. These pages belong to the Mixed Use - Hometown District and the TODD regulations, which will be reviewed separately at a future meeting. In regards to regulations for special purpose districts (pp 67- 84): H, PR, PI, PUD, PUD -R, PUD -M, PUD -H, and the CS -OV districts, all were converted to the new format. The section that pertained to Historic Preservation Overlay was changed so that the current preservation regulations that were scattered throughout the LDC, are now consolidated in one section (pp.85 -87). Also new provisions have been added to clearly show that the designation process is a zoning map change, requiring formal public hearings and Planning Board review. On the last pages 88 -97 Mr. Youkilis spoke about the changes to the Permitted Use Schedule. It contained changes recommended by the Task Force, as prepared by the Permitted Uses subcommittee. The current use schedule format is maintained; uses permitted in the GR expanded; reduction of uses designated as special uses requiring hearings; the actual parking space formulas are shown on each page; and a new MU district is shown for possible placement in area other than Hometown. Planning Board meeting June 15, 2004 Page 5 of 6 During the review of the Permitted Use Schedule, Board member Mr. Comendeiro inquired as to why parks were not required to have required parking available to the citizens. The Board and staff discussed Mr. Comendeiro's concern. Board member Mr. Mann inquired about the permitted use being allowed in the TODD (LI -4) for public warehousing and storage. He thought that the storage and public warehouses were not allowed in the TODD (LI -4). Furthermore, he stated that it seemed to him that having a 4 -story wall storage building might diminish the movement of people and /or development. Mr. O'Donniley responded with the possibility of making the public warehousing /storage a special use, where it would require City Commission approval. On a different note, Mr. Liddy asked who handles the on- street parking requirements and regulations. Mr. Youkilis answered that he believes Public Works along with the Parking consultant handle those requirements and that they follow the City Code. Furthermore, Mr. O'Donniley added that that the Planning Board had specified the minimum size for the on- street parking when the Board reviewed the Parking Chapter of the LDC. Board member Mr. Illas had a question pertaining to off - street parking enforcement. He asked who enforces the regulations for a business that has off - street parking spaces but chooses to park cars outside their designated parking spaces. Mr. O'Donniley responded that the Code Enforcement Department regulates these issues and if the cars are parked in a public right - of -way then it is the police who would enforce the law. However, Mr. Illas said that a concern he has is that much of the businesses are parking outside their designated parking spaces after the Code Enforcement Dept is closed which is at 5:00 p.m. Finally, Mr. Youkilis commented if the Finance Department receives a complaint about businesses not parking in their designated off - street parking spaces, then the Finance Dept notifies the Parking Consultant to watch the parking spaces to see if they are obeying the regulations. VI. Remarks No remarks were said. VII. Approval of Minutes Action: The Board voted on and approved the minutes of May 11, 2004, as amended. Vote: Ayes 5 Nays 0 VIII. Next Meeting Action: Mr. Youkilis informed the Board the next Planning Board meeting was scheduled for July 13, 2004. Planning Board meeting June 15, 2004 Page 6 of 6 IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 9:15 PM. DOD /SAY /pel K: \PB \PB Minutes\2004 Minutes \MINS 6- 15- 04.doc