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07-24-01
F l o r i d a 2001 MAYOR Julio Robaina CITY MANAGER: Charles D. Scum VICE MAYOR: Horace G. Feliu CITY ATTORNEY: '' Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK. Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 24, 2001 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: July 31, 2001 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) (7:00 p.m.) REGULAR CITY COMMISSION AGENDA - July 24, 2001 E3 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Regular City Commission Minutes - June 12, 2001 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE A MOUNT OF $8,857.32; CHARGING $3,028.37 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $5,144.95 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $684.00 TO ACCOUNT TO ACCOUNT NO. 608 - 1910 - 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $4,433.90; CHARGING $3,417.25 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $823.65 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $193.00 TO ACCOUNT NO. 608- 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING MICHAEL ELDER TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING JULY 24, 2003 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $825.00 TO J & M ATHLETIC WEAR, INC., FOR PURCHASING CHEERLEADING UNIFORMS AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -56311 " CHEERLEADING" 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COMMISSION 2 AGENDA - July 24, 2001 MANAGER TO ENTER INTO AN AGREEMENT TO PARTICIPATE IN THE STATEWIDE MUTUAL AID AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS FOR RECIPROCAL EMERGENCY AID AND ASSISTANCE IN CASE OF EMERGENCIES TOO EXTENSIVE TO BE DEALT WITH UNASSISTED PURSUANT TO SECTION 23.1225(3), FLORIDA STATUTES 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI SHORES POLICE DEPARTMENT, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225(3), FLORIDA STATUTES. 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO. DISBURSE THE SUM OF $19,126.50 TO MATTY'S SPORTS, FOR PURCHASING FOOTBALL EQUIPMENT, UNIFORMS; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -5630, "FOOTBALL ", IN THE AMOUNT OF $8,000.00, AND ACCOUNT NUMBER 001 - 000 - 219 -3500, "RECREATION PROGRAM DONATION ", IN THE AMOUNT OF $11,127.50 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTE A CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AND PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE- PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV)", SPECIALTY RETAIL (HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (1st Reading - June 12, 2001) 4/5 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20-3.3(E) ENTITLED REGULAR CITY COMMISSION 3 AGENDA - July 24, 2001 "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT" AND SECTION 20 -7.29 ENTITLED " OUTDOOR SEATING /DINING USES AND AREAS" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (lot Reading 6/12/01) 4/5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 4 -6 (DEFINITIONS OF ESTABLISHMENTS; HOURS OF OPERATION: DEFINITION OF ALCOHOLIC BEVERAGES) OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, CHANGING THE TIME OF PERMITTED SALE OF ALCOHOLIC BEVERAGES IN RESTAURANTS ON SUNDAY FROM 1:00 PM TO 10:00 AM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (lot Reading - 6/12/01) 3/5 RESOLUTIONS) /PUBLIC HEARING(S) 15. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PI". PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE. (Deferred from 6/12/01) 4/5 RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT YEAR'S BUDGET; DIRECTING THE CITY MANAGER TO ENGAGE THE INDEPENDENT AUDITOR THAT CONDUCTED THE LAST CITY AUDIT TO PERFORM AN INTERIM MID YEAR AUDIT BEFORE THE FINAL APPROVAL OF NEXT YEAR'S BUDGET; PROVIDING FOR EXPENDITURE FROM ACCOUNT NO. 01 -1100- 511 -3210 ENTITLED "AUDITOR'S FEE "; PROVIDING AN EFFECTIVE DATE. (Vice Mayor Feliu /Comm. Bethel) 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF NEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE. REGULAR CITY COMMISSION 4 AGENDA - July 24, 2001 (Vice Mayor Feliu /Comm. Wiscombe) 3/5 �._ 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE RELATED TO CAR WASH ZONING REGULATIONS, PROVIDING FOR AN EFFECTIVE DATE. 3/5 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE PROVIDING FOR TECHNICAL CORRECTIONS TO THE PERMITTED USE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE ELIMINATING HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE. (Mayor Robaina) 3/5 ORDINANCE (S) FIRST READING /PUBLIC HEARING(S) 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL (FOUR -STORY HEIGHT) CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY (FLEXIBLE HEIGHT UP TO 8 STORIES) ON A 2.8 ACRE VACANT SITE, SAID PROPERTY BEING LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. THE PURPOSE OF THE APPLICATION IS TO ALLOW FOR THE FUTURE CONSTRUCTION OF A RENTAL APARTMENT BUILDING. 4/5 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REGULAR CITY COMMISSION 5 AGENDA - July 24, 2001 ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 ORDINANCE (S) FIRST READING 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1 (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 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 RE' ARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. " PUBLIC REMARKS 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 6 AGENDA - July 24, 2001 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: July 20, 2001 Agenda Item Commission Meeting July 24, 2001 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney for the period ending May 31, 2001 in the total amount of $8,857.32. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 7,032.37 $ 3,028.37 Account # 1500 -514 -3435 Professional Services- $ 2,919.52 $ 684.00 Account # 608 - 1910 -521 -3100 CRA Fund — General Legal $ $ Account #610 - 1120 -554 -3415 Code Enforcement Account #1500 -514 -3452 $ 5,986.34 $ Telecommunications Account #1500 -514 -3420 $ 8,527.50 $ Legal Services Non Retainer $ 15,631.78 $ 5,144.95 Account # 1500 -3410 A detailed Billing Statement is attached. South Miami >: > >c +' < " ><. F l o r i d a 2001 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: July 20, 2001 Agenda Item Commission Meeting July 24, 2001 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney for the period ending May 31, 2001 in the total amount of $8,857.32. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 7,032.37 $ 3,028.37 Account # 1500 -514 -3435 Professional Services- $ 2,919.52 $ 684.00 Account # 608 - 1910 -521 -3100 CRA Fund — General Legal $ $ Account #610 - 1120 -554 -3415 Code Enforcement Account #1500 -514 -3452 $ 5,986.34 $ Telecommunications Account #1500 -514 -3420 $ 8,527.50 $ Legal Services Non Retainer $ 15,631.78 $ 5,144.95 Account # 1500 -3410 A detailed Billing Statement is attached. 1 2 3 4 5 6 7 8 9 10 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 W RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $8,857.32; CHARGING $3,028.37 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY /FORECLOSURE; CHARGING $5,144.95 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $684.00 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending May 31, 2001, in the amount of $8,857.32; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $8,857.32, are approved for payment and charging $3,028.37 to account no. 1500 -514 -3435, real estate /foreclosure; charging $5,144.95 to account no. 1500 -514 -3410, legal, non - retainer; and charging $684.00 to account no. 608 - 1910 -521 -3100, forfeitures. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by over-str-iking. 1 2 3 4 5 6 7 8 9 10 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 f PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of June, 2001. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \ \Dell_6100 \Documents \City of South Miami \0022 - 001 \10146.doc Page 2 of 2 NAGINGALLOPFIGUEREDO R A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133-4741 Facsimile: (305) 854 -5351 June 13, 2001 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending May 31, 2001, in the amount of $8,857.32. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate Prof 1 Services $ 350.00 Statement No. 9348 dated 06101101 Disbursements 0.00 Total Due 350.00 0022 -003 Williamson Foreclosure Prof 1 Services $ 1,600.00 Statement No. 9349 dated 06101101 Disbursements 1,078.37 Total Due 2,678.37 0022 -023 Parking Garage Contract Prof I Services $ 175.00 Statement No. 9350 dated 06101101 Disbursements 0.00 Total Due 175.00 0022 -046 Merrick v. City of South Miami Prof I Services $ 770.00 Statement No. 9353 dated 06101101 Disbursements 317.45 Total Due 1,087.45 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI June 13, 2001 Page 2 of 3 0022 -063 City Hall Project Prof 1 Services $ 70.00 Statement No. 9357 dated 06101101 Disbursements 0.00 Total Due 70.00 0022 -072 Forfeiture of 1995 Plymouth 2 Prof I Services $ 10.00 Statement No. 9362 dated 06101101 Disbursements 2.50 Total Due 12.50 0022 -075 Forfeiture of 2000 Audi Coupe Prof 1 Services $ 30.00 Statement No. 9364 dated 06101101 Disbursements 3.00 Total Due 33.00 0022 -079 Forfeiture of 1992 Blue Acura Prof I Services $ 25.00 Statement No. 9368 dated 06101101 Disbursements 4.00 Total Due 29.00 0022 -080 Forfeiture of $5,000 US Currency Prof I Services $ 40.00 Statement No. 9369 dated 06101101 Disbursements 1.00 Total Due 41.00 0022 -082 Canal Maintenance Agreement Prof 1 Services $ 350.00 Statement No. 9371 dated 06101101 Disbursements 0.00 Total Due 350.00 0022 -083 Zoning Task Force — Amending Statement No. 9372 dated 06101101 0022 -084 Forfeiture of 1993 White Chevy Statement No. 9373 dated 06101101 0022 -085 Yvonne Beckman v. The City of South Miami Statement No._ 9444 dated 06101101 Prof 1 Services $ 2,275.00 Disbursements 0.00 Total Due 2,275.00 Prof 1 Services $ 125.00 Disbursements 73.50 Total Due 198.50 Prof I Services $ 1,187.50 Disbursements 0.00 Total Due 1,187.50 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI June 13, 2001 Page 3 of 3 0022 -086 Forfeiture of 1993 Gold Nissan Statement No. 9375 dated 06101101 0022 -088 Forfeiture of 1998 Black Chevy Statement No. 9376 dated 06101101 CURRENT TOTAL DUE Prof I Services $ 110.00 Disbursements 0.00 Total Due 110.00 Prof 1 Services $ 260.00 Disbursements 0.00 Total Due 260.00 $ 8,857.32 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 62 Date: June 13, 2001 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 2 Real Estate /Foreclosure 1500 -514 -3435 3,028.37 3,028.37 2 6 Legal, Non - Retainer 1500 -514 -3410 5,144.95 5,144.95 3 7 Forfeitures 608- 1910 -521 -3100 684.00 684.00 TOTAL $8,857.32 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge Head of Department Coding of Accounts Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department City Manager I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -002 Real Estate Statement No. 9348 Hours Amount 05/24/2001 EGG Prepared release of claims agreement between City and Baude 2.00 350.00 Construction Company for Multi- Purpose Center, Phase I; transmitted same to Messieurs Scurr and Basu. Rate Summary Earl G. Gallop Payments 05/25/2001 Payment Total Professional Services 2.00 hours at $175.00/hr Total hours: 2.00 Ck#32408 Sub -total Payments: 350.00 2,380.00 2,380.00 350.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -002 Statement No.: 9348 Page: 2 For Professional Services 350.00 For Disbursements Incurred 0.00 Current Balance: 350.00 Previous Balance: 2,380.00 Payments - Thank you 2,380.00 Total Due 350.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya June 1, 2001 Finance Director Matter ID: 0022 -003 City of South Miami Williamson Foreclosure 6130 Sunset Drive Statement No. 9349 City of South Miami, FL 33143 Total Professional Services 1,600.00 Rate Summary Eve A. Boutsis 10.60 hours at $150.00 /hr 1,590.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 11.10 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 05/03/2001 EAB Attended hearing on six motions for default against heirs. 1.70 255.00 05/10/2001 EAB Prepared motion for default against Pamela Williams, the last 0.20 30.00 remaining heir. 05/14/2001 EAB Prepared default final judgment for Pamela Williams, with ex pane 0.20 30.00 order and letter to judge. 05/14/2001 REC Went to Night Box File Final Judgment with the Circuit Court of 0.50 10.00 Miami -Dade County. 05/24/2001 EAB Attended hearing on City's motion for default against Pamela 1.00 150.00 Williams. 05/25/2001 EAB Prepared motion for final summary judgment, affidavit in support of 5.00 750.00 motion for final summary judgment of foreclosure; and final summary judgment. 05/29/2001 EAB Continued to draft pleadings for final hearing on summary judgment, 2.50 375.00 including: affidavit of indebtedness,; affidavit of attorney's time; affidavit of attorney's fees; affidavit as to non - military service; notice of sale pursuant to Chapter 45, Florida Statutes; Certificate of Sale; Certificate of Title; Certificate of Disbursements; and affidavit as to costs. Total Professional Services 1,600.00 Rate Summary Eve A. Boutsis 10.60 hours at $150.00 /hr 1,590.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 11.10 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -003 Statement No.: 9349 Page: 2 Expenses Photocopies Postage Charge Parking Charge Mileage 12/12/2000 Airborne Package 03/20/2001 Airborne Package Payments 05/25/2001 Payment 873.50 167.03 5.75 4.50 12.09 15.50 Sub -total Expenses: 1,078.37 Ck#32408 603.60 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you Sub -total Payments: 603.60 1,600.00 1,078.37 2,678.37 856.45 603.60 Total Due 2,931.22 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FI GUEREDOPA. Attorneys & Counselors Rate Summary Luis R. Figueredo Total hours: 1.00 hours at $175.00/hr 1.00 175.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 1, 2001 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 9350 City of South Miami, FL 33143 Hours Amount 05/03/2001 LRF Status conference with Mr. Scurr regarding lease agreement and 0.30 52.50 time frames for SPG's submittal of special exceptions application. 05/07/2001 LRF Conference with Mr. Scurr and Mr. Gallop regarding time frames for 0.30 52.50 SPG's submittal of the application for special exceptions. 05/09/2001 LRF Telephone status conference with Mr. McCardle regarding lease 0.40 70.00 and status of special exception application. Total Professional Services 175.00 Rate Summary Luis R. Figueredo Total hours: 1.00 hours at $175.00/hr 1.00 175.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 9350 Page: 2 For Professional Services 175.00 For Disbursements Incurred 0.00 Current Balance: 175.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 175.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1,2001 Matter ID: 0022 -027 Bruce v. Code Enforcement Statement No. 9351 Payments 05/25/2001 Payment Ck#32408 792.50 Sub -total Payments: 792.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 792.50 Payments - Thank you 792.50 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -034 CSM v. Third Group Mortage, Statement No. 9452 Payments 5/25/2001 Payment Ck #32408 465.53 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 465.53 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 472.25 465.53 6.72 Payment is due upon receipt. Rease notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month w ill be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya June 1, 2001 Finance Director Matter ID: 0022 -046 City of South Miami Merrick v. City of South Miami 6130 Sunset Drive Statement No. 9353 City of South Miami, FL 33143 Rate Summary Earl G. Gallop Expenses Photocopies Total hours: Courier charge 03/20/2001 Airborne Package Total Professional Services 770.00 4.40 hours at $175.00/hr 770.00 4.40 273.50 28.45 15.50 Sub -total Expenses: 317.45 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 05/09/2001 EGG Attention to response to second request for documents by EEOC 0.90 157.50 and telephone conferences with Chief Watson and with Capt. Ross regarding same. 05117/2001 EGG Reviewed list of witnesses that plaintiff intends to depose; 1.50 262.50 telephone conference with Chief Watson to identify witness who are currently with police department and to evaluate each witness; prepared letter to Mr. McDuff regarding same. 05/18/2001 EGG Reviewed documents assembled by police department in response 1.50 262.50 to EEOC document request and prepared letter to Ms. Lizbeth Bailey. 05/24/2001 EGG Receipt of request by EEOC for additional information; telephone 0.50 87.50 conferences with Chief Watson and with Lizbeth Bailey, EEOC investigator, regarding same. Rate Summary Earl G. Gallop Expenses Photocopies Total hours: Courier charge 03/20/2001 Airborne Package Total Professional Services 770.00 4.40 hours at $175.00/hr 770.00 4.40 273.50 28.45 15.50 Sub -total Expenses: 317.45 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 9353 Page: 2 For Professional Services 770.00 For Disbursements Incurred 317.45 Current Balance: 1,087.45 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 1,087.45 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -048 Forfeiture of 1985 Blue Chevy Statement No. 9354 Payments 05/25/2001 Payment Ck#32408 15.58 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 15.58 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 15.58 15.58 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 June 1, 2001 Matter I D: 0022 -055 Purchase of 7800 SW 59th Statement No. 9355 Payments 05/25/2001 Payment Ck#32408 157.50 Sub -total Payments: 157.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 227.50 Payments - Thank you 157.50 Total Due 70.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, 'FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -061 NRA, et al. vs. City of South Statement No. 9356 Payments 05/2512001 Payment Ck#32408 820.86 Sub -total Payments: 820.86 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,041.61 Payments - Thank you 820.86 Total Due 220.75 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -063 City Hall Project Statement No. 9357 Hours Amount 05/03/2001 LRF Attended meeting with Mr. Scurr, Mayor Robaina and Mr. Basu to 0.40 70.00 discuss options for City Hall project. Rate Summary Luis R. Figueredo Payments 05/25/2001 Total Professional Services 70.00 0.40 hours at $175.00/hr Total hours: 0.40 Payment Ck #32408 70.00 437.50 Sub -total Payments: 437.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -063 Statement No.: 9357 Page: 2 For Professional Services 70.00 For Disbursements Incurred 0.00 Current Balance: 70.00 Previous Balance: 437.50 Payments - Thank you 437.50 Total Due 70.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -064 Water Main Extension Statement No. 9358 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 35.00 Payments - Thank you 0.00 Total Due 35.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -068 Telecommunications Contracts Statement No. 9359 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 52.50 Payments - Thank you 0.00 Total Due 52.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Mami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -071 Forfeiture of 1994 Chevy S -10 Statement No. 9451 Payments 5/25/2001 Payment Ck #32408 35.00 Sub -total Payments: 35.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 50.60 Payments - Thank you 35.00 Total Due 15.60 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received w ithin 30 days. a CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305)854 -5351 June 1, 2001 Matter ID: 0022 -072 Forfeiture of 1995 Plymouth 2 Statement No. 9362 Hours Amount 05/03/2001 REC Went to Miami -Dade County Recording Department to get certified 0.50 10.00 copy of Order Granting Default Final Judgment. Total Professional Services 10.00 Rate Summary Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 0.50 Expenses Parking Charge 2.50 Sub -total Expenses: 2.50 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. I Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -072 Statement No.: 9362 Page: 2 For Professional Services 10.00 For Disbursements. Incurred 2.50 Current Balancer 12.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 12.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -073 Forfeiture of $2,287.00 US Statement No. 9363 Payments 05/25/2001 Payment Ck#32408 104.00 Sub -total Payments: 104.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 104.00 Payments - Thank you 104.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -075 Forfeiture of 2000 Audi Coupe Statement No. 9364 Hours Amount 05/09/2001 EAB Prepared letter to opposing counsel regarding production of 0.20 20.00 remaining documents responsive to the City's request to produce. 05/29/2001 REC Hand delivered envelopes to Judge Dean's Chambers. 0.50 10.00 Total Professional Services 30.00 Rate Summary Eve A. Boutsis 0.20 hours at $100.00 1hr 20.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 0.70 Expenses Mileage 3.00 Sub -total Expenses: 3.00 Payments 05/25/2001 Payment Ck #32408 125.67 Sub -total Payments: 125.67 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -075 Statement No.: 9364 Page: 2 For Professional Services 30.00 For Disbursements Incurred 3.00 Current Balance: 33.00 Previous Balance: 314.92 Payments - Thank you 125.67 Total Due 222.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %o per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -076 Forfeiture of $2,038.00 US Statement No. 9365 Payments 05/25/2001 Payment Ck #32408 85.25 Sub -total Payments: 85.25 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 105.75 Payments - Thank you 85.25 Total Due 20.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 05/25/2001 Payment Ck #32408 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -077 Empire Mortgage LLC v. Statement No. 9366 201.00 Sub -total Payments: 201.00 0.00 219.32 201.00 Total Due 18.32 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -078 James Woodard vs. City of Statement No. 9367 Payments 05/25/2001 Payment Ck#32408 140.39 Sub -total Payments: — 140.39 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 140.39 Payments - Thank you 140.39 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -079 Forfeiture of 1992 Blue Acura Statement No. 9368 Hours Amount 05/14/2001 REC Went to Judge Postman's Chambers to deliver documents 0.50 10.00 05/29/2001 REC Went to the Recording Department of Miami -Dade County to get 0.75 15.00 certified copy of an Order Granting Default Final Judgment and to the City of South Miami to hand deliver Order to Asst. Chief Feldman. Total Professional Services 25.00 Rate Summary Rose E. Cadenhead 1.25 hours at $ 20.00 /hr 25.00 Total hours: 1.25 Expenses Mileage 3.00 Parking Charge 1.00 Sub -total Expenses: 4.00 Payments 05/25/2001 Payment Ck #32408 621.02 Sub -total Payments: 621.02 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -079 Statement No.: 9368 Page: 2 For Professional Services 25.00 For Disbursements Incurred 4.00 Current Balance: Previous Balancer Payments - Thank you 29.00 781.62 621.02 Total Due 189.60 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOFA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya June 1, 2001 Finance Director Matter ID: 0022 -080 City of South Miami Forfeiture of $5,000 US Currency 6130 Sunset Drive Statement No. 9369 City of South Miami, FL 33143 Hours Amount 05/14/2001 EAB Finalized default final judgment and letter to judge for ex parte 0.20 20.00 order. 05/14/2001 REC Hand delivered documents to Judge Levine's Chambers. 0.50 10.00 05/21/2001 EAB Analyzed default final judgment and calendared 10 days to obtain 0.10 10.00 certified copy of order. Total Professional Services 40.00 Rate Summary Eve A. Boutsis 0.30 hours at $100.00 /hr 30.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 0.80 Expenses Parking Charge 1.00 Sub -total Expenses: 1.00 Payments 05/25/2001 Payment Ck#32408 525.00 Sub -total Payments: 525.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -080 Statement No.: 9369 Page: 2 For Professional Services 40.00 For Disbursements Incurred 1.00 Current Balance: 41.00 Previous Balance: 635.60 Payments - Thank you 525.00 Total Due 151.60 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`'A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 05/25/2001 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -081 Chase Manhattan Corp. v. Statement No. 9370 Payment Ck#32408 65.00 Sub -total Payments: 65.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 127.60 Payments - Thank you 65.00 Total Due 62.60 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`'A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephoner (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -082 Canal Maintenance Agreement Statement No. 9371 Hours Amount 05/03/2001 LRF Attended meeting with Mr. Scurr, and Mr. Goodin concerning 2.00 350.00 Miami -Dade County's revised draft storm water utility agreement. Rate Summary Luis R. Figueredo Total Professional Services 350.00 2.00 hours at $175.00/hr Total hours: 2.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 350.00 To be properly credited, please indicate Statement Number on your remittance check. 350.00 0.00 350.00 0.00 0.00 350.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -083 Zoning Task Force - Amending Statement No. 9372 Hours Amount 05/07/2001 LRF Meeting with Mr. Lorber and staff to discuss Shoal Creek 3.00 Properties application to amend future land use map. Reviewed Staff memorandum. 05/08/2001 LRF Reviewed Planning Board Agenda together with pertinent sections 5.00 of the South Miami Land Development Code. Telephone conference with board member regarding conflict of interest. Conference with Mr. Gallop regarding issues likely to come up during the meeting. Attended the meeting. 05129/2001 LRF Reviewed Planning Board Agenda. Conference with Mr. Gallop 5.00 regarding same. Attended Planning Board meeting. Rate Summary Luis R. Figueredo Payments 05/25/2001 Payment Total Professional Services 13.00 hours at $175.00/hr 2,275.00 Total hours: 13.00 Ck #32408 1,400.00 Sub -total Payments: 1,400.00 525.00 875.00 875.00 2,275.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -083 Statement No.: 9372 Page: 2 For Professional Services 2,275.00 For Disbursements Incurred 0.00 Current Balance: 2,275.00 Previous Balance: 1,400.00 Payments -Thank you 1,400.00 Total Due 2,275.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. a CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -084 Forfeiture of 1993 White Chevy Statement No. 9373 Total hours: 2.25 Expenses Mileage Parking Charge 05/10/2001 Service of Process 10.50 3.00 60.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 05/02/2001 EAB Telephone conference with AC Feldman regarding probable cause. 0.30 30.00 05/07/2001 EAB Finalized motion and notice of hearing for default. 0.20 20.00 05/14/2001 EAB Finalized default final judgment and letter to judge for ex parte 0.20 20.00 order. 05/25/2001 EAB Prepared clerk's default, with affidavit of nonmilitary service, and 0.30 30.00 proof of return of service. 05/25/2001 REC Filed motion for default with the Clerk of the Circuit Court of 0.50 10.00 Miami -Dade County. 05/29/2001 REC Travelled to Recording Department of Miami -Dade County to get 0.75 15.00 certified copy of an Order Granting Default Final Judgment and to the City of South Miami to hand deliver Order to Asst. Chief Feldman. Total Professional Services 125.00 Rate Summary Eve A. Boutsis 1.00 hours at $100.00 /hr 100.00 Rose E. Cadenhead 1.25 hours at $ 20.00 /hr 25.00 Total hours: 2.25 Expenses Mileage Parking Charge 05/10/2001 Service of Process 10.50 3.00 60.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: O022 -084 Statement No.: 9373 Page: 2 Payments 05/25/2001 Sub -total Expenses: 73.50 Payment Ck #32408 230.00 Sub -total Payments: 230.00 For Professional Services 125.00 For Disbursements Incurred 73.50 Current Balance: 198.50 Previous Balance: 985.00 Payments - Thank you 230.00 Total Due 953.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOP. A. Attorneys Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2001 Matter ID: 0022 -085 Yvonne Beckman v. The City of Statement No. 9444 Hours 5/3/2001 EGG Analyzed most recent draft conciliation agreement; telephone 0.80 conferences with Ms. Beckman and Mayor Robaina in attempt to settle differences; telephone call to Ms. Wheatley, conciliator, regarding issues. 5/4/2001 EGG Reviewed email from Ms. Wheatley regarding filing response to 0.10 request for conciliation. 5/8/2001 EAB Conducted legal research on issue of whether Ms. Beckman has 3.00 standing as an "aggrieved party" under the Fair Housing Act to file a complaint against the City on the basis that it is harassing her for advocating rights of tenants in CRA. 5/8/2001 EGG Reviewed HUD Final Investigation Report on Ashbury, et al., Fair 1.30 Housing Act discrimination claims with particular attention to statements made by Ms. Cobb and Ms. Beckman; instructions to perform legal research on whether Ms. Beckman has standing under Fair Housing Act as "aggrieved party" to file claim based on alleged harassment; final preparation of response to complaint by Ms. Beckman. 5/11/2001 EAB Legal research regarding Fair Housing Act claims that Ms. 2.00 Beckman may allege due to "coercion." 5/21/2001 EGG Reviewed memorandum regarding lack of standing of Ms. Beckman 0.20 to complain under Fair Housing Act and meaning of terms "coerced, intimidated or interefered with," as alleged by her. 5/24/2001 EGG Reviewed correspondence from Ms. Beckman regarding legal fees 0.10 and conciliation agreement. Total Professional Services Rate Summary Eve A. Boutsis 5.00 hours at $150.00 /hr 750.00 Amount 140.00 17.50 450.00 227.50 300.00 35.00 17.50 1,187.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -085 Statement No.: 9444 Page: 2 Earl G. Gallop Total hours For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 2.50 hours at $175.00/hr 7.50 Total Due 437.50 To be properly credited, please indicate Statement Number on your remittance check. 1,187.50 0.00 1,187.50 437.50 0.00 1,625.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya June 1, 2001 Finance Director Matter ID: 0022 -086 City of South Miami Forfeiture of 1993 Gold Nissan 6130 Sunset Drive Statement No. 9375 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis 1.10 hours at $100.00 /hr 110.00 Total hours: 1.10 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 05/02/2001 EAB Telephone conference with Alma Roman and her father Mr. 0.30 30.00 Montanez regarding settlement. 05/03/2001 EAB Telephone conference with Mr. Montanez regarding settlement 0.30 30.00 informing me that he was on way to pay off settlement figure; telephone conference with towing company regarding release requirements, and telephone conference with AC Feldman regarding release. 05/07/2001 EAB Finalized motion and notice of hearing for default. 0.20 20.00 05114/2001 EAB Prepared letter to claimant confirming settlement and awaiting 0.30 30.00 execution. Total Professional Services 110.00 Rate Summary Eve A. Boutsis 1.10 hours at $100.00 /hr 110.00 Total hours: 1.10 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -086 Statement No.: 9375 Page: 2 For Professional Services 110.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 110.00 380.00 0.00 490.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA, Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya June 1, 2001 Finance Director Matter ID: 0022 -088 City of South Miami Forfeiture of 1998 Black Chevy 6130 Sunset Drive Statement No. 9376 City of South Miami, FL 33143 05/02/2001 EAB Received new forfeiture action; analyzed police report, and prior Hours Amount 0.50 police arrest record (reflecting pattern of behavior); telephone 50.00 conference with AC Feldman regarding information not included in police report (witness of hand to hand exchange of drugs for money); discussed whether probable cause exists to forfeit vehicle. 05/07/2001 EAB Began drafting complaint, meeting with Mr. Gallop regarding 1.50 150.00 circumstances surrounding forfeiture, decided not to proceed with forfeiture, and prepared memorandum to client authorizing release of vehicle, and prepared correspondence to claimant informing him of same. 05/10/2001 EAB Telephone conference with Sergeant Fatool and AC Feldman 0.20 regarding release of this action. 20.00 05/10/2001 EAB Prepared memorandum to Sergeant Fatool advising that I spoke 0.30 with AC Feldman and we are not to proceed with forfeiture; 30.00 prepared letter to claimant advising that he can pick up vehicle, as City has decided not to pursue with forfeiture. 05/11/2001 EAB Telephone conference with AC Feldman agreeing to dismiss action based on factual history of this case. 0.10 10.00 Rate Summary Total Professional Services 260.00 Eve A. Boutsis 2.60 hours at $100.00 /hr 260.00 Total hours: 2.60 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -088 Statement No.: 9376 Page: 2 For Professional Services 260.00 For Disbursements Incurred 0.00 Current Balance: 260.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 260.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: July 20, 2001 Agenda Item Commission Meeting July 24, 2001 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney for the period ending June 30, 2001 in the total amount of $4,433.90. The accounts are summarized below: Account Consulting — Real Property/Foreclosure Account # 1500 - 514 -3435 Professional Services - Account # 608 - 1910 - 521 -3100 CRA Fund — General Legal Account #610 - 1120 -554 -3415 Code Enforcement Account #1500 -514 -3452 Telecommunications Account #1500 - 514 -3420 Legal Services Non Retainer Account # 1500 -3410 A detailed Billing Statement is attached. Available Balance This Invoice $ 4004.00 $ 3,417.25 $ 2,234.52 $ 193.00 $ 5,986.34 $ $ 8,527.50 $ $ 10,486.83 $ 823.65 South Miami ># F l o r i d a 2001 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: July 20, 2001 Agenda Item Commission Meeting July 24, 2001 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney for the period ending June 30, 2001 in the total amount of $4,433.90. The accounts are summarized below: Account Consulting — Real Property/Foreclosure Account # 1500 - 514 -3435 Professional Services - Account # 608 - 1910 - 521 -3100 CRA Fund — General Legal Account #610 - 1120 -554 -3415 Code Enforcement Account #1500 -514 -3452 Telecommunications Account #1500 - 514 -3420 Legal Services Non Retainer Account # 1500 -3410 A detailed Billing Statement is attached. Available Balance This Invoice $ 4004.00 $ 3,417.25 $ 2,234.52 $ 193.00 $ 5,986.34 $ $ 8,527.50 $ $ 10,486.83 $ 823.65 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $4,433.90; CHARGING $3,417.25 TO ACCOUNT NO. 1500 -514- 8 3435, REAL PROPERTY /FORECLOSURE; CHARGING $823.65 9 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - 10 RETAINER; CHARGING $193.00 TO ACCOUNT NO. 608 -1910- 11 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of South Miami approved 15 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 16 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 17 18 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 19 for legal services rendered, and costs advanced, for the period ending 20 June 30, 2001, in the amount of $4,433.90; and, 21 22 WHEREAS, the City Attorney recommends payment of the attached 23 invoices. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The invoices for attorneys' fees and costs received from 29 Nagin Gallop Figueredo, P.A., in the total amount of $4,433.90, are approved for 30 payment and charging $3,417.25 to account no. 1500 -514 -3435, real 31 estate /foreclosure; charging $823.65 to account no. 1500 -514 -3410, legal, non- 32 retainer; and charging $193.00 to account no. 608 - 1910 -521 -3100, forfeitures. 33 34 Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by ever- s*4ng. 1 2 3 4 5 6 7 8 9 10 11 12 1.3 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 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of July, 2001. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \ \Dell_6100 \Documents \City of South Miami \0022 - 001 \10436.doc Page 2 of 2 NAGIN GALLOP FIGUEREDO P.A Attorneys & Coainselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 July 10, 2001 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending June 30, 2001, in the amount of $4,433,90. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate Prof 1 Services $ 2,625.00 Statement No. 9554 dated 07/06/01 Disbursements 0.00 Total Due 2,625.00 0022 -003 Williamson Foreclosure Prof I Services $ 480.00 Statement No. 9555 dated 07106101 Disbursements 7.25 Total Due 487.25 0022 -034 CSM v. Third Mortgage Group Prof I Services $ 180.00 Statement No. 9557 dated 07106101 Disbursements 5.00 Total Due 185.00 0022.046 Merrick v. City of South Miami Prof I Services $ 97.50 Statement No. 9558 dated 07/06/01 Disbursements 9.00 Total Due 106.50 0022 -061 NRA v. City of South Miami Prof 'I Services $ 572.50 Statement No. 9560 dated 07106101 Disbursements 0.00 Total Due 572.50 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI July 10, 2001 Page 2 of 2 0022 -075 Forfeiture of 2000 Audi Coupe Prof 1 Services $ 30.00 Statement No. 9567 dated 07106101 Disbursements 0.00 Total Due 30.00 0022 -084 Forfeiture of 1993 White Chevy Prof 1 Services $ 70.00 Statement No. 9575 dated 07106101 Disbursements 3.00 Total Due 73.00 0022 -085 Yvonne Beckman v. The City of South Miami Prof I Services $ 17.50 Statement No. 9576 dated 07106101 Disbursements 97.15 Total Due 114.65 0022 -090 Forfeiture of 1990 Four Door Jaguar Prof 1 Services $ 90.00 Statement No. 9579 dated 07106101 Disbursements 0.00 Total Due 90.00 0022 -091 Prof. Management v. City of South Miami Prof l Services $ 120.00 Statement No. 9580 dated 07106101 Disbursements 0.00 Total Due 120.00 0022 -092 CSM Police Vehicle Accident Prof I Services $ 30.00 Statement No. 9581 dated 07106101 Disbursements 0.00 Total Due 30.00 CURRENT TOTAL DUE $ 4,433.90 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 64 Date: July 10, 2001 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 4 Real Estate /Foreclosure 1500 -514 -3435 3,417.25 3,417.25 2 4 Legal, Non - Retainer 1500- 514 -3410 823.65 823.65 3 3 Forfeitures 608 -1910- 521 -3100 193.00 193.00 TOTAL $4,433.90 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge �G6 Head of Department Coding of Accounts Approved Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department Purchases as Above Approved and Issuance of Purchase Order Authorized M CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 6, 2001 Hakeem Oshikoya Matter ID: 0022 -002 Finance Director Real Estate City of South Miami 6130 Sunset Drive Statement No. 9554 City of South Miami, FL 33143 Rate Summary Total Professional Services Earl G. Gallop 15.00 hours at $175.00/hr 2,625.00 Total hours: 15.00 Payments 6121/2001 Payment Ck #32670 345.53 Sub -total Payments: 345.53 2,625.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 6/19/2001 EGG Reviewed loan documents for $600,000 bridge loan for purchase of 6.50 1,137.50 Mobley property, including, but not limited to, note, loan agreement, disclosure documents, arbitrage certificate, city manager warranties, city attorney opinion letter; evaluated transaction for compliance with legal limitations on borrowing; telephone conference with Mr. Mark Raymond, attorney for lender, Bank of America, regarding revisions to documents. 6/20/2001 EGG Telephone conferences with Mr. Harrison, EE &G, regarding 2.00 350.00 laboratory report of some contamination on Mobley property and with Mr. Dellagloria; reviewed draft and final phase 11 subsurface investigation report. 6/20/2001 EGG Telephone conferences with Ms. Irene Marshall, closing 2.50 437.50 representative for Bank of America, Mr. Mark Raymond, bank counsel, and Mr. Oshikoya regarding closing;, reviewed revised closing documents; executed city attorney opinion letter. 612112001 EGG Prepared for and attended closing on Bank of America bridge loan 4.00 700.00 for $600,000; assisted with closing on purchase of Mobley property. Rate Summary Total Professional Services Earl G. Gallop 15.00 hours at $175.00/hr 2,625.00 Total hours: 15.00 Payments 6121/2001 Payment Ck #32670 345.53 Sub -total Payments: 345.53 2,625.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -002 Statement No.: 9554 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 2,625.00 0.00 2,625.00 350.00 345.53 2,629.47 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya July 6, 2001 Finance Director Matter FD: 0022 -003 City of .South Miami Williamson Foreclosure 6130 Sunset Drive Statement No. 9555 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Expenses Rose E. Cadenhead Parking Charge Total hours: Mileage 6/7/2001 Outside copy job Total Professional Services 3.10 hours at $150.00 /hr 465.00 0.75 hours at $ 20.00 /hr 15.00 3.85 3.00 3.00 1.25 480.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 6/4/2001 EAB Modified motion for final default judgment against Pamela Williams. 0.20 30.00 6/4/2001 REC Went to the Circuit Court of Miami -Dade County to file motion, 0.75 15.00 dilivered documents the Judge Simons, and obtained date - stamped copy of Motion for Default Against Pamela Williams. 6/20/2001 EAB Revised final judgement of foreclosure documents, affidavit as to 0.70 105.00 fees and costs, affidavits in support of final summary judgment, etc; meeting with Mr. Gallop as to status of action; prepared memorandum to Mr. Chalvire regarding hard costs incurred by City in this litigation. 6/25/2001 EAB Continued to revise final summary judgment motion, affidavits of 2.00 300.00 cost, fees, etc; forwarded draft to Mr. Mandler's office, counsel for Habitat. 6/26/2001 EAB Email communication with Ms. Eva Rosa regarding interest on 0.20 30.00 liens. Rate Summary Eve A. Boutsis Expenses Rose E. Cadenhead Parking Charge Total hours: Mileage 6/7/2001 Outside copy job Total Professional Services 3.10 hours at $150.00 /hr 465.00 0.75 hours at $ 20.00 /hr 15.00 3.85 3.00 3.00 1.25 480.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Payments 6/21/2001 Payment Ck#32678 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: 7.25 252.85 Sub - total Payments: 252.85 480.00 7.25 487.25 2,931.22 252.85 Total Due 3,165,62 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOYA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -023 Parking garage contract Statement No. 9556 Total Due To be properly credited, please indicate Statement Number on your remittance check. of l ll' 0.00 175.00 0.00 175.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya July 6, 2001 Finance Director Matter ID: 0022 -034 City of South Miami CSM v. Third Group Mortage, 6130 Sunset Drive Statement No. 9557 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Rose E. Cadenhead Expenses Parking Charge Total hours: Total Professional Services 1.10 hours at $150.00 /hr 165.00 0.75 hours at $ 20.00 /hr 15.00 1.85 2.00 180.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 6/1/2001 EAB Prepared two motions to compel responses to discovery requests 0.30 45.00 against Third Group and Jericho. 6/11/2001 EAB Telephone conference with Mr. Rappaport, new counsel for Third 0.20 30.00 Group regarding discovery hearing, and request for 10 day extension on documents. 6112/2001 EAB Telephone conference with Mr. Elliott Zack, counsel for Third Group 0.40 60.00 Mortgage, provided second extension of time due to extenuating circumstances, drafted agreed order allowing Third Group a 45 day extension of discovery deadlines and drafted 30 -day agreed order for Jericho Asset Management; and prepared letter to Judge enclosing the ex parte orders; telephone conference with prospective buyer via tax deed sale of lots 3, 5, and 14; prepared second memorandum to file. 6/12/2001 REC Filed Notice of Cancellation and hand delivered copies to Judge 0.75 15.00 Levine. 6/13/2001 EAB Telephone conference with Mr. Spiegelman regarding tax sale of 0.20 30.00 lots 3, 5, and 14. Rate Summary Eve A. Boutsis Rose E. Cadenhead Expenses Parking Charge Total hours: Total Professional Services 1.10 hours at $150.00 /hr 165.00 0.75 hours at $ 20.00 /hr 15.00 1.85 2.00 180.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Mileage Payments 6/21/2001 Payment CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 9557 Page: 2 Ck #32670 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you 3.00 Sub- total Expenses: 5.00 6.72 Sub -total Payments: 6.72 180.00 5.00 185.00 6.72 6.72 Total Due 185.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORk Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya July 6, 2001 Matter ID: 0022 -046 Finance Director City of South Miami Merrick v. City of South Miami 6130 Sunset Drive Statement No. 9558 City of South Miami, FL 33143 Expenses Courier charge Total hours: 0.70 4111; Sub -total Expenses: 9.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 6/8/2001 EAB Telephone conference with Chief Cokes Watson and AC Feldman 0.30 37.50 regarding alleged suspension of Officer Merrick; telephone conference with Ms. Elizabeth Bailey of the EEOC regarding the Merrick investigation. 6/8/2001 EGG Consultation regarding response to EEOC investigator's question 0.20 35.00 regarding suspension of Ofcr. Merrick. 6/14/2001 EAB Telephone conference with Captain Ross regarding direct 0.20 25.00 communication with Mr. Parsons, Ms. Merrick's counsel. Total Professional Services 97.50 Rate Summary Eve A. Boutsis 0.50 hours at $125.00/hr 62.50 Earl G. Gallop 0.20 hours at $175.00/hr 35.00 Expenses Courier charge Total hours: 0.70 4111; Sub -total Expenses: 9.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 9558 Page: 2 For Professional Services 97.50 For Disbursements Incurred 9.00 Current Balance: 106.50 Previous Balance: 1,087.45 Payments - Thank you 0.00 Total Due 1,193.95 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Payment Ck #32670 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter 1D: 0022 -055 Purchase of 7800 SW 59th Statement No. 9559 70.00 Sub -total Payments: 70.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 70.00 Payments - Thank you 70.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -061 NRA, et al. vs. City of South Statement No. 9560 Rate Summary Eve A. Boutsis Earl G. Gallop Payments 6/21/2001 Payment Total Professional Services 572.50 3.00 hours at $150.00 /hr 450.00 0.70 hours at $175.00/hr 122.50 Total hours: 3.70 Ck #32670 220.75 Sub -total Payments: 220.75 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 6/4/2001 EGG Reviewed original record on appeal. 0.50 87.50 6/20/2001 EGG Reviewed motion of Stephen Halbrook to appear pro hac vice on 0.20 35.00 behalf of NRA. 6/23/2001 EAB Researched cases cited in NRA brief. 1.00 150.00 6/25/2001 EAB Continued legal research on issues raised in NRA brief. 2.00 300.00 Rate Summary Eve A. Boutsis Earl G. Gallop Payments 6/21/2001 Payment Total Professional Services 572.50 3.00 hours at $150.00 /hr 450.00 0.70 hours at $175.00/hr 122.50 Total hours: 3.70 Ck #32670 220.75 Sub -total Payments: 220.75 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 9560 Page: 2 For Professional Services 572.50 For Disbursements Incurred 0.00 Current Balance: 572.50 Previous Balance: 220.75 Payments - Thank you 220.75 Total Due 572.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -063 City Hall Project Statement No. 9561 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 70.00 0.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Payment Ck #32670 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -064 Water Main Extension Statement No. 9562 35.00 Sub - total Payments: 35.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 35.00 Payments - Thank you 35.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOI'� Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Payment Ck #32670 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -068 Telecommunications Contracts Statement No. 9563 52.50 Sub - total Payments: 52.50 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 52.50 52.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 12/6/2000 Payment Ck#30081 ($31092.50) For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter 1D: 0022 -070 CSM v. FDOA Statement No. 9564 20,521.60 Sub -total Payments: 20,521.60 0.00 20,521.60 20,521.60 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Payment Ck #32670 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -071 Forfeiture of 1994 Chevy S -10 Statement No. 9565 15.60 Sub -total Payments: 15.60 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 15.60 15.60 ,011) Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -072 Forfeiture of 1995 Plymouth 2 Statement No. 9566 Total Due To be properly credited, please indicate Statement Number on your remittance check. 1 1 0,1 0.00 12.50 0.00 12.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 6, 2001 Hakeem Oshikoya Matter ID: 0022 -075 Finance Director Forfeiture of 2000 Audi Coupe City of South Miami 6130 Sunset Drive Statement No. 9567 City of South Miami, FL 33143 Hours Amount 6/14/2001 EAB Telephone conference with AC Feldman regarding choosing 0.20 20.00 mediator; prepared notice of appointment of mediator and attempted to coordinate mediation date. 6/18/2001 EAB Prepared letter to Mr. Rubino asking for his dates of availability for 0.10 10.00 mediation. Rate Summary Eve A. Boutsis Payments 6/21/2001 Payment Total Professional Services 30.00 0.30 hours at $100.00 /hr 30.00 Total hours: 0.30 Ck #32670 189.25 Sub -total Payments: 189.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -075 Statement No.: 9567 Page: 2 For Professional Services 30.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: 222.25 Payments - Thank you 189.25 Total Due 63.00 To be property credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Payment Ck #32670 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -076 Forfeiture of $2,038.00 US Statement No. 9568 20.50 Sub -total Payments: 20.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 20.50 Payments - Thank you 20.50 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -077 Empire Mortgage LLC v. Statement No. 9569 Payment Ck #32670 18.32 For Professional Services For Disbursements Incurred _ Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 18.32 0.00 18.32 18.32 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FIL 33143 Payments 6/21/2001 Payment Ck #32670 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -079 Forfeiture of 1992 Blue Acura Statement No. 9570 160.60 Sub -total Payments: 160.60 Total Due To be properly credited, please indicate Statement Number on your remittance check. I of l go, 0.00 189.60 160.60 29.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya July 6, 2001 Matter ID: 0022 -080 Finance Director City of South Miami Forfeiture of $5,000 US Currency 6130 Sunset Drive Statement No. 9571 City of South Miami, FL 33143 Payments 1 6/21/2001 Payment Ck #32670 110.60 Sub -total Payments: 110.60 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 151.60 Payments - Thank you 110.60 Total Due 41.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Payment Ck #32670 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -081 Chase Manhattan Corp. v. Statement No. 9572 62.60 Sub -total Payments: 62.60 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 62.60 Payments - Thank you 62.60 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balancer Previous Balance: Payments - Thank you Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -082 Canal Maintenance Agreement Statement No. 9573 N I I I oll 0.00 350.00 0.00 Total Due 350.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -083 Zoning Task Force - Amending Statement No. 9574 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 2,275.00 Payments - Thank you 0.00 Total Due 2,275.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 8 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya July 6, 2001 Matter ID: 0022 -084 Finance Director City of South Miami Forfeiture of 1993 White Chevy ' 6130 Sunset Drive Statement No. 9575 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Expenses Parking Charge Payments 6/21/2001 Payment Total Professional Services 70.00 0.70 hours at $100.00 /hr 70.00 Total hours: 0.70 3.00 Sub -total Expenses: 3.00 Ck #32670 755.00 Sub -total Payments: 755.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 6/4/2001 EAB Analyzed Chapter 48, Fla. Stat. regarding service of process at 0.10 10.00 home which is also business. 6/15/2001 EAB Discussion with Mr. Gallop regarding service of process and 0.20 20.00 telephone conference with Process Server to reserve complaint. 6/27/2001 EAB Telephone conference with AC Feldman regarding settlement offer 0.20 20.00 and prepared counter offer to opposing counsel. 6/28/2001 EAB Telephone conference with AC Feldman regarding second 0.20 20.00 counteroffer and receipt of blue book value of vehicle from counsel for claimant. Rate Summary Eve A. Boutsis Expenses Parking Charge Payments 6/21/2001 Payment Total Professional Services 70.00 0.70 hours at $100.00 /hr 70.00 Total hours: 0.70 3.00 Sub -total Expenses: 3.00 Ck #32670 755.00 Sub -total Payments: 755.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -084 Statement No.: 9575 Page: 2 For Professional Services 70.00 For Disbursements Incurred 3.00 Current Balance: 73.00 Previous Balance: 953.50 Payments - Thank you 755.00 Total Due 271.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. d CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -085 Yvonne Beckman v. The City of Statement No. 9576 Hours Amount 6/13/2001 EGG Prepared letter to Ms. Beckman requesting her to identify alleged 0.10 17.50 "false statements" referenced in her fetter of complaint. Rate Summary Earl G. Gallop Expenses Legal research Payments 6/21/2001 Payment Total Professional Services 17.50 0.10 hours at $175.00/hr 17.50 Total hours: 0.10 97.15 Sub -total Expenses: 97.15 Ck #32670 437.50 Sub -total Payments: 437.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 17.50 97.15 114.65 1,625.00 437.50" 1,302.15 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Payments 6/21/2001 Payment Ck #32670 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -086 Forfeiture of 1993 Gold Nissan Statement No. 9577 380.00 Sub -total Payments: 380.00 0.00 490.00 380.00 Total Due 110.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID :0022 -088 Forfeiture of 1998 Black Chevy Statement No. 9578 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 260.00 Payments Thank you 0.00 Total Due 260.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -090 Forfeiture of 1990 Four Door Statement No. 9579 Hours Amount 6/18/2001 EAB Analyzed arrest report and telephone conference with AC Feldman 0.50 50.00 regarding possible new forfeiture; began drafting notice of seizure. 6/27/2001 EAB Telephone conferences with Mr. Elefeteriou, counsel for claimant 0.40 40.00 and AC Feldman, negotiated settlement - return of vehicle, upon receipt of full and final release of CSM. Total Professional Services 90.00 Rate Summary Eve A. Boutsis 0.90 hours at $100.00 /hr 90.00 Total hours: 0.90 For Professional Services 90.00 For Disbursements Incurred 0.00 Current Balance: 90.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 90.06 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -091 Professional Management vs. Statement No. 9580 Hours Amount 6/27/2001 EAB Analyzed complaint and CSM lien file; prepared motion to dismiss 0.70 105.00 and memorandum to file. 6/29/2001 EAB Revised motion to dismiss. 0.10 15.00 Total Professional Services 120.00 Rate Summary Eve A. Boutsis 0.80 hours at $150.00 /hr 120.00 Total hours: 0.80 For Professional Services 120.00 For Disbursements Incurred 0.00 Current Balance: 120.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 120.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 6, 2001 Matter ID: 0022 -092 CSM Police Vehicle Accident Statement No. 9581 Hours 6/20/2001 EAB Analysis of new action regarding crashed police vehicle; prepared 0.20 memorandum to Mr. Chavire regarding cost of remaining leasehold on vehicle. Rate Summary Eve A. Boutsis Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 0.20 hours at $150.00 /hr 0.20 Total Due i 1 1/ To be properly credited, please indicate Statement Number on your remittance check. Amount 30.00 30.00 30.00 0.00 30.00 0.00 0.00 30.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: July 24, 2001 and City Commission From: Charles Scurr Re: Agenda Item City Manager Appointment to Code Enforcement Board REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING MICHAEL ELDER TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING JULY 24, 2003 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Michael Elder to the Code Enforcement Board. The term will expire July 24, 2003 or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 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 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING MICHAEL ELDER TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING JULY 24, 2003 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the Mayor and City Commission desire to appoint Michael Elder to serve for a two term on the Code Enforcement Board. This appointment shall expire July 24, 2003 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commissioner hereby appoints Michael Elder to the Code Enforcement Board. Section 2. The expiration date of this appointment shall expire July 24, 2003 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: Additions shown by underlining and deletions shown by ever- str3g. CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: (Please print) s t 3 2. Home Address: 3. Business Address: 'i S-o S1614, r��� <� 4. Home Phone No. �J� 7 c� (a ..� Business Phone No. 6 ?0 ' Fax No. 5. Education Background: 6. Community Service: 4-e-A_� TV&OJAJ ,yam -s2°c, 0j- L- - C 8. Are you a registered voter? Yes c/� No 9. Are you a resident of the City? Yes 4.-' No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? E4ngla American_ African American Hispanic. American Other Signat a Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 6101 A. 99 9P9 yy,,�� xy- 2001.. CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: (Please print) s t 3 2. Home Address: 3. Business Address: 'i S-o S1614, r��� <� 4. Home Phone No. �J� 7 c� (a ..� Business Phone No. 6 ?0 ' Fax No. 5. Education Background: 6. Community Service: 4-e-A_� TV&OJAJ ,yam -s2°c, 0j- L- - C 8. Are you a registered voter? Yes c/� No 9. Are you a resident of the City? Yes 4.-' No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? E4ngla American_ African American Hispanic. American Other Signat a Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 6101 11 77 1 = ,I =;!. =:A July 6, 2001 Ms Ronetta Taylor, CIVIC City Clerk City of South Miami 6130 Sunset Dr. South Miami, FL 33143 Dear Ronetta: P.O. Box 331879 Miami, FL 33233 -1879 Tel 305.798.6607 Fax 305.372.1951 E -mail: mbelder @yahoo.com I enclose my Board 1 Committee application as discussed. I would be interested in serving on the Code Enforcement Board, the Environmental Review and Preservation Board or the Historic Preservation Board. I look forward to hearing from you and am at your disposal should you require further information. cncr. n-,ie CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: July 12, 2001 Charles D. Scurr SUBJECT: Agenda # City Manager Commission Meeting July 24, 2001 J & M Athletic Wear Inc. REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to purchase additional Cheerleading uniforms for the 2001 season. BACKGROUND & ANALYSIS Each year the success of the Cheerleading Program has brought more young girls to participate. This year we have purchased 60 uniforms at a cost of $4,950.00. To insure proper attire for all, an additional 10 uniforms have to be ordered. The total cost of $825.00 would exceed the amount of $5,000.00 that the City has established through the Charter. New uniforms have not been purchased in over 5 years. The existing ones are old and faded. Some of them have ripped and have been mended by hand. In conclusion, the existing uniforms are in an unacceptable condition. The Parks & Recreation Department received three bids: J & M Athletic Wear, Inc. $ 825.00 Team Cheer $1,146.50 Kings Bay Athletics $1,265.00 The lowest bidder is J & M Athletic Wear, Inc. Funds will be disbursed from account number 001 - 2000 - 572.5631, "Cheerleading ". Available funds $1,276.00. RECOMMENDATION Approval is recommended. Commission Cheerkading Umfo7ms 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $825.00 TO J & M ATHLETIC WEAR, INC., FOR PURCHASING CHEERLEADING UNIFORMS, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER '2000 -5631, "CHEERLEADING ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $5,000.00; and WHEREAS, Each year the Parks & Recreation Department has a Cheerleading Program for the children in the City of South Miami; and WHEREAS, Expenditures are budgeted on a yearly basis, approved by the City Manager and City Commission; and WHEREAS, The Parks & Recreation Department received three bids: J & M Athletic Wear, Inc. $ 825.00 Team Cheer $1,146.50 Kings Bay Athletics $1,265.00 WHEREAS, The lowest bidder is J& M Athletic Wear, Inc; and WHEREAS, The Parks & Recreation Department ordered 60 uniforms from J& M Athletic Wear, Inc., at a total cost of $4,950.00; and WHEREAS, Due to the success of the Cheerleading program, an additional 10 uniforms are needed so that each participant would be in proper attire; and 34 WHEREAS, It has been over five years that new uniforms have been purchased 35 and the existing ones are old and faded. Some of them have been ripped and are mended 36 by hand; and 37 38 WHEREAS, The cost of the additional 10 uniforms would be $825.00 and 39 would exceed the amount of $5,000.00 that the City has established through the Charter. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be awarded to J & M Athletic Wear, Inc., for the amount of $825.00 for cheerleading uniforms. Disbursement of funds will be released from account number 2000 -5631, "Cheerleading ". Section 2. This resolution shall take effect immediately upon approval. 1 2 3 4 5 6 7 PASSED AND ADOPTED this day of July 2001. 8 9 10 ATTEST: APPROVED: 11 12 CITY CLERK MAYOR 13 14 15 16 READ AND APPROVED AS TO FORM: 17 18 19 CITY ATTORNEY 20 Cheedeading Unifocma 2001 J & M ATHLETIC NVEAR, INC ". QUOTE 4471 NW 36 ST. SUITE 253 MIAMI FL. 33166 (305) ZIS -9885 - DATE 7 -5 -01 FAX 305 271 -9623 SILL TO CITY OF SOUTH MIAMI p�.O'NO. E.&MS S7-"l DATE DUE -2 DA'V'E 7 -5-0i 5 -23 -01 ITEM DESCRJPT ION CHEER UNIFORM QTY P"IUCE AMOUNT 70 $82.50 $5740.00 Sub -Total $5740.00 Tax Skipping Total 55740.00 Signature Deposit Titit. Dal"ce NO CANTCEI LATION AFTER 48 HOURS OE "THE ODDER 5EINO IN PROC -ES;', DUE TO MATERIALS, TR MMINGS, LETTERS AND OTHER UItiF"ORSEEN EVENTS IN'V'OLVED IN MANUFACTURING, SOMETLMES DUE: DATES ARE DELAYED BECAUSE OF DELAYS OL)T OF OUR CONTROL. ALL OUR WORD IS UNCONDITIONALLY GUARANTEE17.AI L CCIS FOMERS - HAVE, 14 DAYS TO NI KE ANY REPAIRS OR EXCHANGES ONCE ORDER IS DELIVEERED, NIVE WILL REPLACE OR REPAIR ANY GARMENT MvJFEDIATELY UPON R.EQUEs -r WITHIN THOSE 14 WORKING DAYS ONLY NO EXCEPTIONS. IS 1T.ECEIVE . BALANCE DUE ON DAY OF DELIVERY PERSON WHOSE SIGNATUI APPEARS ABOVE, IS RESPONSIBLE FOR PAYMENT, NO MERCHANDISE WILL BE DELIVERED WITHOUT FINAL PAYMENT. NO EXCEPTIONS. TO 39Vd sinm 6Z96TLZSO6 Z© :ST TOOZ /60 /ZO T! IL -tj_ -_'tiC-1 i lr' TES' 1 131 MAIN STREET * GENESEQ, NY 14454 * (800)350.1562 (716)2W,841 - (716)205268 (FAX) - VO WY,TEAMCHEER.COM Facsimile To From, . Fcx•_� Phone, n ! bate; Urgent ❑ For Review ❑ Please Comment❑ Please Reply C7 Please Recycle PD # Message; V -p-&, -TO.F. - ef-czjet 0�;W. 3cm sls�. �E r v� t �pG ` i s 1.5 c 'erst mate Cvh � cL',—O s ", e4, ' " b � - rcALL& or&mt4. W�rPormx o,,r, I? (J KINGS BAY ATHLETICS 14465 S. Di "- MIAMI., FLORI: (305) 23° / l , STOMER'S OR cR NO C (V -- —v u =1 0TV. cASH j C-0 D. CHARGE. j ON ACCT. MDSE. RET D.: PAID OUT ES R TfQN PRICE �I PRODUCT 610 26173 All claims and returned goods must be accompanied by this bill. yr�E 'ECEIVED SY TAX PRODUCT 610 26173 All claims and returned goods must be accompanied by this bill. yr�E °7 SOUTH MIAMI POLICE DEPARTMENT INTER - DEPARTMENT MEMORANDUM TO: Mayor and City Commission DATE: June 28, 2001 Charles Seurr, RE: Agenda Item # 91 FROM. g City Manage Commission Meeting 7 /24/01 Statewide Mutual Aid Agreement Imo! iI Authorization to enter statewide Mutual Aid Agreement. BACKGROUND AND ANALYSIS Florida State Statutes (Chapter 23) authorize the governing body of municipalities to empower the chief executive officer of the municipality to enter into agreements for shared law enforcement services in times of specific need. This agreement allows the Police Department to draw upon resources in furtherance of the law enforcement mission, including personnel and equipment, as well as providing for reciprocity. RECOMMENDATION Approval is recommended. CS /esw RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 'FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PARTICIPATE IN THE STATEWIDE MUTUAL AID AGREE- MENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS FOR RECIPROCAL EMERGENCY AID AND ASSISTANCE IN CASE OF EMERGENCIES TOO EXTENSIVE TO BE DEALT WITH UNASSISTED, PURSUANT TO 'SECTION 23.1225 (3), FLORIDA STATUTES. WHEREAS, Chapter 23, Florida Statutes, entitled the Florida Mutual Aid Act, requires the authorization by the governing body of the municipality before a mutual aid agreement may be entered into by the Mayor or the chief executive officer of the municipality on behalf of the City; and WHEREAS, there is the possibility of an occurrence of law enforcement or other natural and manmade conditions which are or are likely to be beyond the control of the services, personnel, equipment or facilities of the City of South Miami; and WHEREAS, to meet the responsibility of government to ensure the public safety of their citizens by providing adequate levels of services, preparation must be undertaken to protect the public peace and safety and to preserve the lives and property of the people of the City of South Miami; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager of the City of South Miami is authorized to enter into a Mutual Aid agreement in a form acceptable to the City Attorney, with the State of Florida, Department of Community Affairs, on behalf of the City of South Miami pursuant to Section 23.1225(3), Florida Statutes. Section 2. That this resolution be effective immediately after adoption hereof. PASSED AND ADOPTED THIS DAY OF ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina Vice Mayor Feliu Commission Russell Commission Bethel Commission Wiscombe 2001. SOUTH MIAMI POLICE DEPARTMENT INTER- DEPARTMENT MEMORANDUM TO: Mr. Charles Scurr, City Manager FROM: Asst. Chief M. Mills, Police Department DATE: January 9, 2001 SUBJECT: Statewide Mutual Aid Agreement The Statewide Mutual Aid Agreement between the State of Florida, Department of Community Affairs and all the local governments, including the City of South Miami, expires this year and, therefore, needs to be renewed. A copy of the Agreement is attached for review by the City Attorney and, eventually, signatures of yourself, the City Clerk and the City Attorney. Once it is executed, I would appreciate it being returned to me and I will deliver it to Bob Marton at the Miami -Dade Office of Emergency Management. The deadline is 51112001. Thank you for your cooperation. MM /esw Att. *# %+ July 31, 2000 t zu4*i STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMIJNITY AFFAIRS, State of Florida (the "Department "), and all the local governments signing this Agreement (the "Participating Par- ties ") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. July 31, 2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. , As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Parry. 2 July 31, 2000 .*# % + t 19 4vi G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor inacordance with the Executive Order and the Compr .-pensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 3 July 31, 2000 .40 %* t 19 Fla. Stat. (1999), or any Community College District within the meaning of § 240.313 (1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(l)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE I1. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a maj or or catastrophic disaster. Ifthe Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County AMP %+ July 31, 2000 t 19 Ift of the Requesting Party, unless the State Emergency Operations Center has been activated in-response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in F1 tub July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A de:-cription of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; R iu,�4*i July 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. ResTonsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to -my Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has'received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 ANO %+ July 31, 2000 tlu . 4vi C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self - sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall July 31, 2000 .400 %* t V 40i be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self - sufficient personnel or self - sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subj ect to the following conditions and exceptions: A. The Department shall pay the costs incurred by an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 July 31, 2000 t1v4wi B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Parry, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (3 0) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 ANO %* July 31, 2000 t1v4*i other Participating Party whose normal duties include emergency management, and the other -Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference orvideoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 July 31, 2000 .400 %+ t iv - 4ft ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Parry all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance; and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Parry shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 *F %+ July 31, 2000 t zu, 4�i Parry may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Parry. If the equipment is damaged while in use under this Agreement and the Assisting Parry receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any, of the costs; for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Parry for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 July 31, 2000 .400%+ t i V D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 *F %* July 31, 2000 t1v4�i C. Any Participating Party that is self - insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self - insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be I deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 *0 %* July 31, 2000 t Ht*Wi Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 400 %* July 31, 2000 tiq40i purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination 'shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. 17 ANO %* July 31, 2000 t nt I% D. Unless superseded by the execution ofthis Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2 00 1. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in wr'ting of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Intemretation and Annlication of A reement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 AWF %* July 31, 2000 tiq4wi Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. if any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 AMP %* July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk FIN Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney tub4wi July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: CITY CLERK By:�c rJL Title: 21 Date: CITY OF YOV7W WAwl STATE OF FLORIDA Bv: f , r_ee,� Title: <<- � 9 Date: Approved as to Form: By: City Attorney July 31, 2000 .*f %* I*i DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF CONDvRMTY AFFAIRS STATE OF FLORIDA By: Director STATE OF FLORIDA DISTRICT, Title: 22 Date: Title: Date: Approved as to Form: By: Attorney for District July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT FORM A Date: Name of Government: Mailing Address: City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: Title: Address: Day Phone: _ Telecopier: First Alternate Representative Name: Title: Address: Night Phone: InterNet: Day Phone: Night Phone: Telecopier: InterNet: Second Alternate Representative Name: Title: Address: Day Phone: Night Phone: Telecopier: InterNet: PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to0epartment of Community Affairs- Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee, Florida 32399 -2100 23 *10 %* July 31, 2000 19 STATEWIDE MUTUAL, AID AGREEMENT Form B Date: Name of Requesting Party: Contact Official for Requesting Party:. Name: Telephone: InterNet: L Description of Damage: 2. Emergency Support Functions 3. Types of Assistance Needed: 24 July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B 4. Types of Resources Needed: 5. Description of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 AMP %* July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: 26 July-3 1 2000 .*# %+ t ig 4�i STATEWIDE MUTUAL AID AGREEMENT Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: I. Description of Resources : 2. Estimated Time Resources Available: Form C 27 *0 %* July 31, 2000 t1v4wi STATEWIDE MUTUAL AID AGREEMENT Form C I Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 CITY OF SOUTH MIAMI POLICE DEPARTMENT INTEROFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: June 15, 2001 and City Commission FROM: Charles Scurr, a4 Re: Agenda Item # City Manager Comm. Mtg. July 24, 2001 Mutual Aid Agreement REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI SHORES POLICE DEPARTMENT, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES. BACKGROUND AND ANALYSIS Florida State Statutes (Chapter 23) authorize the governing body of municipalities to empower the chief executive officer of the municipality to enter into agreements for shared law enforcement services in times of specific need. This agreement allows the Police Department to draw upon resources in furtherance of the law enforcement mission, including personnel and equipment, as well as providing for reciprocity. Approval is recommended. CS /gflsh 1 2 3 4 5 6 7 8 9 10 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI SHORES POLICE DEPARTMENT, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES. WHEREAS, Chapter 23, Florida Statutes, the Florida Mutual Aid Act, requires the authorization by the governing body of the municipality before a Mutual Aid Agreement may be entered into by the Mayor or the chief executive officer of the municipality on behalf of a law enforcement agency; and WHEREAS, there is the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions which are _ or are likely to be beyond the control of the services, personnel, equipment or facilities of the City of South Miami and/or the aforementioned entity; and WHEREAS, to meet the responsibility of the respective governments to ensure the public safety of their citizens by providing adequate levels of police services, preparation must be ensured to protect the public peace and safety and to preserve the lives and property of the people in the listed jurisdictions; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager of the City of South Miami is authorized to enter into a Mutual Aid Agreement in a form acceptable to the City Attorney, with the City of Miami Shores Police Department on behalf of the City of South Miami Police Department pursuant to Section 23.1225 (3), Florida Statutes. Page 1 of 2 42 Section 2. That this resolution be effective immediately after adoption 43 hereof. 44 45 46 47 PASSED AND ADOPTED this day of , 2001. 48 49 ATTEST: APPROVED: 50 51 52 53 CITY CLERK MAYOR 54 55 Commission Vote: 56 READ AND APPROVED AS TO FORM: Mayor Robaina: 57 Vice Mayor Feliu: 58 Commissioner Russell: 59 Commissioner Bethel: 60 Commissioner Wiscombe: 61 62 63 CITY ATTORNEY 64 65 Page 2 of 2 TO: Mayor & Commission FROM: Charles D. Scurr City Manager a4 REQUEST DATE: July 17, 2001 SUBJECT: Agenda # Commission Meeting July 24, 2001 Football Equipment/ Uniforms The purpose of this memorandum is to recommend the approval of the attached resolution to purchase Football uniforms and equipment for the 2000-2001 season. BACKGROUND & ANALYSIS Each year the South Miami Grey Ghost Football program has increased in participation and registration. Last year the South Miami Grey Ghost teams (65 lbs., 75lbs,, 85lbs, and 110 lbs.) were Dade County Champions. As a new participant in the Miami-Dade Extreme Youth Football League, the above mentioned was a wonderful accomplishment. We have invited surrounding communities to join the 2000-2001 Grey Ghost Football Program. As this program increases, new uniforms and equipment need to be purchased. Coinciding with the by-laws and league rules, the Parks & Recreation Department does an inventory of all equipment and uniforms. Shoulder pads, hip pads, and helmets are all replaced according to manufacturer's specifications, and the wear and tear of each article and/or equipment. The Parks & Recreation Department received three bids: Matty's Sports $19,126.50 Orlando Team Sports $24,722.50 Dealer Sports $26,245.00 The lowest bidder is Matty's Sports. Funds will be disbursed from account number 001 - 2000 - 572.5630, ""Football". in the amount of $8,000.00, and $11,127.00 from account number 001- 0000 - 219.3500, ' "Recreation Program Donation', equaling the total cost of $19,127.00. RECOMMENDATION I recommend approval. 2001 Football Uniforms & Equipment I Resolution No. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE 6 THE SUM OF $19,126.50 TO MATTY'S SPORTS, FOR PURCHASING FOOTBALL 7 EQUIPMENT, UNIFORMS; CHARGING THE DISBURSEMENT TO ACCOUNT 8 NUMBER 2000 -5630, "FOOTBALL ", IN THE AMOUNT OF $8,000.00, AND 9 ACCOUNT NUMBER 001- 000 - 219.3500, "RECREATION PROGRAM DONATION ", 10 IN THE AMOUNT OF $11,127.50. 11 12 13 14 WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for 15 purchases of items over $1,000.00; and 16 17 WHEREAS, The Parks & Recreation's Grey Ghost Football Program has increased in 18 participation; and 19 20 WHEREAS, Each year certain equipment is upgraded due to wear and tear; and 21 22 WHEREAS, In conjunction with the by-laws of the league, the Parks & Recreation 23 Department does an inventory of all equipment and uniforms; and 24 25 WHEREAS, Shoulder pads, hip pads, and helmets are all replaced according to 26 manufacturer's specifications, and the wear and tear of each article and/or equipment; and. 27 28 WHEREAS, The following three bids were obtained by the Parks & Recreation 29 Department: 30 Matty's Sports $19,126.50 31 Orlando Team Sports $24,722.50 32 Dealer Sports $26,245.00 33 34 WHEREAS, Matty's Sports is the lowest bidder. 35 36 37 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 41 Section 1. That a purchase order would be awarded to Matty's Sports. 42 43 Section 2. The City Manager is hereby authorized to disburse the sum of $8,000.00 44 from account number 2000 -5630, "Football ", and $11,127.00 from 45 account number 001 - 0000 - 219.3500, "Recreation Program Donation ", 46 equaling the total cost of $19,127.00. 47 48 Section 3. This resolution shall take effect immediately upon approval. 49 50 51 52 53 54 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 64 PASSED AND ADOPTED this day of July 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY FodAU equipment & uniforms 2001 MAYOR i i�1 Dnn' i CCU- ,r,r�-13r� CASH CHARGE C.O.D. MDSE. RET'D PAID OUT SHIP ViA - F.O.B. POINT QUANTITY STOCK NUMBER DESCRIPTION UNIT PRICE AMOUNT ',L -'�lv L 'a- �, ,� t C(T 7�,ti ► 5� $ � �l ��. �1 � j Lh u3 S� LyZ l�I- �r%t�',�-t �'C,Jr►XI Ey i„ p l `j 13Lzi Q.Q y o J TAX , A service charge, currently 1 112% per month (18% Per Annum) will be charged on delinquent accounts. RECEIVED BY �" .TOTAL CASH CHARGE C.O.D. MDSE. RET'D PAID OUT SHIP VIA. _ F.O.B. POINT QUANTITY STOCK NUMBER DESCRIPTION UNIT PRICE AMOUNT 45M Colo 10 0 TAX , n" A service charge, currently 1 1/2 % per month (18% Per Annum) will be charged on delinquent accounts. RECEIVED BY TOTAL `Q IL i 114- D,3, -3 --� -- /:�, , -i , -�� -..7 J�. Ll� �r-- j ©too .F �. PRICE e E a 00,z EAM SPORTS { 782 Big Tree Dnve (Longwood, Florida 32750 r (407) ,67 -TEA M BOLD Tial �iannwix �. ouy�` a r 'l�arKs .ASH CMA"M Q.O.O. MOSt. RST'Q PAID C%ff SHIP VIA IF.O,S Pomm 2UANTITY STOCK NUMBER DiSCp/PTIdN UNIT PRICE AMOtAIIT QQ o g c� 3 qa ao bV2 6-0 9,j) 2 24�, 1.- gd- S3,00 - 1155 o� v07.--, 1 yo boo Ao 1 b:5. I l,, e ,, f, - .. �v v C3 z) OcJ J i1 jY°C CS G., �D PvY") cJ Lt 0A �5ide L2 90, 75 „ a S TOTAL 3�so 3a,0-0 - (I 75 �P7 00 �0 / ✓�B r�""h r- Nr�i vim.,, - � 7 '. b ell. -I> fc '5a X355 l Z°v x'25 :3-:v - -1 1z1'w-- 2661 West 76 Street, Hic3lecih, F1 33016 Ph. (305) 362 -3423 • Fcmx: (305) 557-61-6169 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager ,/ Date: July 24, 2001 Agenda Item # I I Re: Authorization to execute a contract with Dooley & Mack Constructors, Inca for the Multipurpose Center Phase II REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTE A CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The City of South Miami solicited proposals from qualified Construction Managers to provide Construction Management (CM) @ Risk services for phase two of the City of South Miami Multipurpose Center in Murray Park. A selection process was set up based on the requirements of the State Statues governing acquisition of professional architectural and engineering services. The City Commission at its June 12, 2001 accepted the Selection Committee recommendation and authorized the Administration to negotiate an agreement with the first ranked firm Dooley & Mack Constructors, Inc. The agreement for the CM services consists of two phases. The first phase of the agreement is for pre - construction services, wherein the CM functions as an agent of the City, is paid a fixed fee for services performed, and is an integral part of the design team. The negotiated fee is $29,986.00, which is less than 1% of the budget amount. The industry norm for such a fee ranges between 1 and 1.5% of the budget amount. Pre- construction services shall include such items as value engineering, scheduling, constructability analyses and the development of a Guaranteed Maximum Price (GMP). If the GMP is accepted, the second phase (the construction phase) is implemented. The source of funding for the Construction Management services is the Office of Economic Development (OCED) as part of the approved FY 2001 funding for the Multipurpose Center Phase 2 project. Attached is a copy of the negotiated agreement. RECOMMENDATION The proposed Agreement is recommended for City Commission approval. Attachments: Proposed resolution. Proposed Agreement 1 2 3 4 5 6 7 8 9 10 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 42 43 44 45 46 47 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTE A CONSTRUCTION MANAGEMENT SERVICES; AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to retain a qualified Construction Manager firm to provide Construction Management Services for phase two of the City of South Miami Multipurpose Center in Murray Park and WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for Professional Services, and WHEREAS, The City having followed the requirements established by Florida Statute for Acquisition of Professional Services for Architects and Engineers, recommended three top ranked firms in order of preference to the city Commission, and WHEREAS, The City Commission authorized the administration to negotiate an agreement for construction management services, including pre - construction services with the first ranked firm Dooley & Mack Constructors, Inc., and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission approve the proposed agreement as negotiated between the City and Dooley & Mack Constructors, Inc. Section 2: That the approved and executed agreement is made a part of this resolution. Section 3: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2001. Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement THIS AGREEMENT made and entered into this day of , 2001, by and between the CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida, ( "City ") and DOOLEY & MACK CONSTRUCTORS, INC., a Florida Corporation. In consideration of the mutual covenants contained in this Agreement, and other consideration, the receipt and the legal sufficiency of which is acknowledged by the parties, the City agrees to employ the Construction Manager and the Construction Manager agrees to perform all required services in connection with the following described project (Work). Section 1 The Construction Team and Extent of Agreement 1.1 The Construction Manager, the City, and the Architect/Engineer ( "Construction Team ") will work as a team through construction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The Architect/Engineer will provide leadership to the Construction Team on all matters relating to design. 1.2 The Construction Manager shall furnish its best skill and judgement and cooperate with the Architect/Engineer in furthering the interests of the City. The Construction Manager shall furnish efficient business administration and superintendence and use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the City. 1.3 This Agreement is complementary to the Drawings and Specifications and the Conditions of the Contract, and together with them, represents the entire agreement between the City and the Construction Manager and supersedes all prior negotiations, representations or agreements. Where this Agreement is expressly in conflict with the Conditions of the. Contract, this Agreement will prevail. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and Specifications will prevail. This Agreement may be amended only by written instrument signed by the City and the Construction Manger. Section 2: Construction Manager's Basic Services The Construction Manager's Basic Services under this Agreement include preconstruction phase services and construction phase services. 2.1 The Preconstruction Phase: The preconstruction services shall commence at the issuance of the "Notice to Proceed ". The Construction Manager shall: City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 2 of 17 2.1.1 Preconstruction deliverables shall consist of 5 (five) copies of reports at 25% Design Development phase, at the end the Design Development, at 35% Construction Documents and at the 75% Construction Documents together with a Guaranteed Maximum Price (GMP) proposal. The reports shall include a complete discussion and summary of the services provided in accordance with Subparagraphs 2.1.2 through 2.1.9 herein below, including the schedule, a detailed cost estimate and the Construction Manager's confirmation that the project as designed and specified can be constructed within the budget. 2.1.2 Provide a preliminary evaluation of the City's program and project budget requirements, each in terms of the other. 2.1.3 Review and study, on a continuing basis through the development of design and construction documents for accuracy, completeness, clarity, and consistency, advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery, provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economies. 2.1.4 Provide for the Architect/Engineer's and the City's review and acceptance, a Project Schedule that coordinates and integrates the Construction Manager's services, the Architect /Engineer's services and the City's responsibilities with anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. 2.1.5 Prepare for the City's approval a detailed estimate of Construction Cost, as defined in Section 8, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect /Engineer; update and refine this estimate periodically as the Architect/Engineer prepares Construction Documents; advise the City and the Architect/Engineer if it appears that the Construction Cost may exceed the Project budget; and make recommendations for corrective action. 2.1.6 Coordinate Contract Documents by consulting with the City and the Architect/Engineer regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost or schedules; assist the City and the Architect/Engineer in preparing comparative life cycle analysis of ownership, operating, and maintenance costs for design alternatives prepared by the Architect /Engineer. 2.1.6 (1) Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the City, review the Drawings and Specifications and make recommendations as required to provide that; (1) the Work of the separate contractors is coordinated with that of the Trade Contractors; (2) all requirements for the Project have been City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 3 of 17 assigned to the appropriate separate contract; (3) the likelihood of jurisdictional disputes has been minimized; and (4) proper coordination has been provided for phased construction. 2.1.6(2) Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Trade Contractor; provide the Project Construction Schedule for each set of bidding documents; and develop a plan for the phasing of construction. 2.1.6(3) Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect /Engineer; expedite and coordinate delivery of these purchases. 2.1.7 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases; develop bidding packages designed to minimize adverse effects of labor shortages. 2.1.7(1) Consider the City's Minority Business Enterprise and other bidding requirements mandated by the funding agencies as described in the Special Conditions of the Contract when developing bid packages. 2.1.8 Make recommendations for pre - qualification criteria for bidders and develop bidders' interest in the Project; establish bidding schedules. 2.1.9 Schedule and conduct monthly meetings of the Construction Team, and prepare and distribute minutes. 2. 1. Based upon Drawings and Specifications produced by the Architect /Engineer, develop Guaranteed Maximum Price ( "GMP ") proposal(s), including Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the City. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMP, the Construction Manager shall notify the City immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposals, and the GMP will not be adjusted due to assumptions made by the Construction Manager, but not included in the GMP proposal. 2.1.10(1) If the City accepts the GMP proposal, it will become an Amendment to this Agreement, which will establish the GMP, Contract Time, and liquidated damages for that phase of the Work. Performance and Payment Bonds on the City's standard forms will be executed simultaneously with the GMP amendment. 2.1.10(2) If the City does not accept the GMP proposal, the City shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work. The City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 4 of 17 Construction Team will discuss and negotiate these recommendations for no more than 30 calendar days, unless the City grants an extension in writing. If an acceptable GMP is not developed, negotiations may be terminated. 2.2 Construction Phase. The Construction Phase shall commence at the issuance of the " Notice to Proceed" and the City's acceptance of the GMP. Unless otherwise authorized by the City, all Work shall be performed under Trade Contracts held by the Construction Manager. The Construction Manager shall: 2.2.1 Administer the construction phase as provided herein and in the Conditions of the Contract Documents included in the Project Manual. 2.2.1(1) Terms used in the Conditions of the Contract shall have the following meanings: 1 "Contractor" means Construction Manager, and the terms will be used interchangeably; .2 "Subcontractor means Trade Contractor, and the terms will be used interchangeably; and, .3 "Contract Sum" means Guaranteed Maximum Price and the terms will be used interchangeably. 2.2.2 Commence the Work within 10 days after receipt of the executed Guaranteed Maximum Price Amendment and Notice to Proceed from the City. 2.2.3 Develop procedures, which are acceptable to the City for the pre - qualification of Trade Contractors; develop Trade Contractor interest in the Project and publicly advertise and conduct pre - bid conferences with interested bidders to review the documents; take competitive bids on the Work of the various Trade Contractors; or, if authorized by the City in writing, negotiate for the performance of that Work (the Construction Manager may require bidders to submit bid bonds or other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work); analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with the City and Architect/Engineer a bid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the desired scope of Work (specifically, review the scope of Work in detail with apparent low responsive bidders to determine that their bids are complete but do not include duplicate scope items. Maintain records of all pre -award interviews with apparent low bidders); prepare and submit written recommendations to the City and Architect /Engineer for award of Trade Contracts by the Construction Manager identifying the Minority Business Enterprises to be utilized; promptly award and execute Trade Contracts with approved Trade Contractors; and provide copies of fully executed Trade Contracts, insurance certificates and, if required, bonds to the City. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 5 of 17 2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities of the City, Architect/Engineer and Construction Manager in order to complete the Project in accordance with the City's objectives of cost, time and quality; develop and maintain a program, acceptable to the City and Architect/Engineer, to assure quality control of the construction; supervise the Work of all Trade Contractors, providing instructions to each when its Work does not conform to the requirements of the plans and specifications and continue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the progress of the Work. Should disagreement occur between the Construction Manager and the Architect /Engineer over acceptability of Work and conformance with the requirements of the specifications and plans, the City shall be the final judge of performance and acceptability. 2.2.5 Maintain exclusively for this Project a competent full -time staff at the Project site to coordinate and direct the Work and progress of the Trade Contractors on the Project. All of the Construction Manager's on -site management and supervisory personnel shall be consistent with the interview presentation and shall not be removed or replaced without the City's consent which shall not be unreasonably withheld. The City shall have the right to direct the Construction Manager to remove or replace any on -site personnel whose performance becomes unsatisfactory to the City. In such event, the Construction Manager shall promptly replace such personnel, without consideration of additional compensation for the replacement. 2.2.5.1 Establish on -site organization and lines of authority in order to carry out the overall plans of the Construction Team; identify an on -site staff member to represent the Construction Manager, on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the Construction Manager; and make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress of the Work. 2.2.6 Establish procedures for coordination among the City, Architect/Engineer, Trade Contractors and Construction Manager with respect to all aspects of the Work; implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Team. 2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the Trade Contractors. 2.2.6.2 In coordination with the Architect/Engineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such matters as job procedures, construction progress, schedule, shop drawing status and other information as necessary; provide prior notice to City and Architect/Engineer of all such meetings, City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 6 of 17 and prepare and distribute minutes; and attend monthly Team meetings scheduled by the Architect/Engineer. 2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of detail to incorporate specific Trade Contractor input consistent with the overall completion requirements; regularly monitor and update the Project Schedule and various sub - networks as construction progresses; identify potential variances between scheduled and probable completion dates; review schedule for Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date; provide summary reports of each monitoring and document all changes in schedule; and display the current Project Schedule in the on -site office; review at progress meetings. Regular schedule updates and reporting shall be included as part of the monthly project report outlined in Subparagraph 2.2.16. 2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the availability of materials and supplies to meet the schedules and in consultation with the City and the Architect /Engineer, take necessary corrective actions when requirements of a Trade Contract or a Trade Contract Schedule are not being met. 2.2. 10 Whenever City- Furnished Contractor - Installed materials or equipment are shipped to the Project site, the Construction Manager shall notify the City and shall be responsible for their acceptance, proper storage, and incorporation into the Work provided the scope of the City - Furnished Contractor - Installed work is included within the Guaranteed Maximum Price. 2.2. 11 Develop and maintain an effective system of Project cost control, which is satisfactory to the City; revise and refine the initially approved Project Construction budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed; identify variances between actual and budgeted or estimated costs and advise City and Architect/Engineer whenever projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the monthly project report outlined in Subparagraph 2.2.16. 2.2.12 The Construction Manager shall maintain a system of accounting consistent with generally accepted accounting principles and any other requirements of the funding agency. The Construction Manager shall preserve all accounting records for a period of four (4) years after final acceptance of the Work. The City shall have access to all such accounting records at any time during the performance of the Work and for a period of four (4) years after final acceptance of the Work. 2.2.13 Develop and implement a system for the preparation, review and processing of change orders. Without assuming any of the Architect / Engineer's responsibilities for design, recommend necessary or desirable changes to the City and the Architect/Engineer, review requests for changes and submit recommendations to the City and Architect/Engineer. 2.2.13.1 When requested by the City or Architect/Engineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 7 of 17 Contractors; and if directed by the City, promptly secure formal written Change Order Proposals from such Trade Contractors. 2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and require similar programs of the Trade Contractors and Sub- subcontractors. The OSHA guidelines shall serve as the basis for the construction safety program. 2.2.14.1 Promptly notify the City and, where applicable, the City's Insurance Administrator, in writing, upon receiving notice of filing of any charge of non - compliance from OSHA, or upon receiving notification that a federal or state inspector shall visit or is visiting the Project site. 2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident prevention, and prepare minutes of such meetings that will be available to the City's Representative on request. The minutes of job safety and accident prevention portion of such progress meetings shall be made available to the City's Insurance Administrator upon request. 2.2.14.3 Designate a full -time staff member as the project safety director who shall oversee job safety and accident prevention for the Construction Manager, Trade Contractors and Sub - subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff member. 2.2.15 Make provisions for Project security acceptable to the City, to protect the Project site and materials stored off- -site against theft, vandalism, fire and accidents, etc., as required by job and location conditions. Mobile equipment and operable equipment at the site, and hazardous parts of new construction subject to mischief, shall be locked or otherwise made inoperable or protected when unattended. 2.2.16 Record the progress of the Project; submit written monthly progress reports to the City and the Architect/Engineer including progress photographs of the project, information on the Trade Contractors' Work, the percentage of completion, current estimating, computerized updated monthly Critical Path Method scheduling and project accounting reports, including Estimated Time to Completion and Estimated Cost to Complete; keep a daily log available to the City and the Architect/Engineer; and report and record such additional information related to construction as may be requested by the City. 2.2.17 The Construction Manager shall be responsible for the removal, encapsulation, transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos- related products as maybe required in connection with the Work. Hazardous material, described by federal guidelines brought by Construction Manager or the Trade Contractors shall remain their responsibility for proper disposal City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 8 of 17 Section 3: Additional Services 3.1 Upon the mutual agreement of the City and the Construction Manager, and only upon prior written authorization from the City, the Construction Manager shall provide additional services, which are beyond the scope of the Basic Services described in Section 2. The Construction Manager shall be compensated for such additional services a fee to be negotiated by the City and the Construction Manager at the time of the additional service request. Section 4: City's Responsibilities 4.1 The City shall designate a representative to act on its behalf. This representative, or his /her designee, will monitor the progress of the Work, serve as liaison with the Construction Manager and the Architect /Engineer, receive and process communications and paperwork, and to represent the City in the day -to -day conduct of the Project. The Construction Manager will be notified in writing of the representative and of his /her designee. 4.2 The City may retain a threshold inspector, if required. 4.3 The City shall review and approve or take other appropriate action on the Construction Manager's preconstruction deliverables within 10 (ten) calendar days of receipt. 4.4 During the construction phase, communications shall be made as described in the General Conditions. Section S: Schedule 5.1 Preconstruction Phase 5. 1.1 The Construction Manager shall submit the Design Development Reports within fourteen (14) calendar days, 35% Construction Document Report, and Guaranteed Maximum Price Proposal within thirty (30) calendar days after the documents have been made available to the Construction Manager. 5.2 The number of days for performance of the Work under the construction phase of this Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement. 5.3 In the event the City desires to accelerate the schedule for any portion of the Work, the City shall notify the Construction Manager in writing. Within seven (7) days, the Construction Manager shall give the City a revised Guaranteed Maximum Price for the acceleration, which shall become a Change Order upon acceptance. The City may then direct the Construction Manager to increase its staff and require its Trade Contractors to increase their manpower, or to work such overtime hours as may be necessary to accomplish the required acceleration in accordance with the approved Change City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 9 of 17 Order. In such event the City shall reimburse the Construction Manager for the costs of such acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction Manager shall require accurate daily records of all costs of the required acceleration and shall secure the City's approval of such records. Section 6: Guaranteed Maximum Price 6.1 The Guaranteed Maximum Price ( "GMP ")[this was abbreviated earlier in the document] includes Cost of the Work required by the Contract Documents as defined in Section 8, and the Construction Manager's fee as defined in Paragraph 7.2 herein. The GMP will be established based on design documents prepared by the Architect /Engineer. The GMP is subject to modification for changes in the Work as provided in Section 9. 6.2 The GMP will only include those taxes in the Cost of the Work which are legally applicable at the time the GMP is established. 6.3 All cost savings for the not -to- exceed value of the GMP shall be returned to the City as part of the net aggregate savings established when final accounting is submitted upon Final Completion of the Work, or at such earlier time as agreed to by the City and the Construction Manager. "Cost savings" are the net difference obtained by deducting from the Adjusted GMP, the documented Construction Manager's Fee, the expended portions of the Construction Manager's contingency and the actual expenditures representing the Cost of the Work as defined in Section 8. Liquidated damages, if any, are different from, and are not a part of, this calculation. Upon completion of the bidding period, the Construction Manager's contingency will be adjusted so that it does not exceed the contingency percentage agreed upon in the original GMP proposal. Those savings resulting from favorable bids and the related overhead and profit will be available for the City's use, immediately following the bidding period. 6.4 By execution of this Agreement, the Construction Manager certifies that all factual unit costs supporting the fees specified in this Agreement are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished the City in the future to support any additional fees that may be authorized will also be accurate and complete. The fees specified in this Agreement and any additional fees that may be authorized in the future shall be adjusted to exclude any significant sums by which the City determines the fee was increased due to inaccurate, incomplete, or non - current factual unit costs. Section 7: Payments to Construction Manager 7.1 In consideration of the performance of the Agreement, the City agrees to pay the Construction Manager, as compensation for its services as set forth below; City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001, Page 10 of 17 7.1.1 For preconstruction services, the lump sum amount of $ 29,986.00, to be paid at the satisfactory completion of the following phases 25 % Design Development $ 3,372.00 100% Design Development $ 8,501.00 35% Construction Documents $ 7,960.00 75 % Construction Documents with GMP $ 8,456.00 Construction Manager Fee $ 1,697.00 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work as described in Section 8, to be paid monthly as described in the General Conditions of the Contract. 7.2 Included in the Construction Manager's Fee are the following: 7.2.1 The cost of its home or branch office employees or consultants not at the Project site, including the cost of all pension contributions, hospitalization, bonus, vacations, medical insurance assessments or taxes for such items as unemployment compensation and social security, payroll insurance, and taxes attributable to wages and salaries and other company overhead expenses for said home office employees. 7.2.2 General operating expenses of the Construction Manager's principal and branch offices other than the field office. 7.2.3 Any part of the Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 7.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in Section 8, as Cost of the Work. 7.2.5 All travel and per diem costs of Construction Manager's employees and consultants. 7.2.6 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 7.2.7 All costs incurred during the guarantee period after construction. 7.3 Adjustments in the fee will be made as follows: 7.3.1 Adjustments due to Changes in the Work shall be made as described in the General Conditions of the Contract. 7.3.2 For delays in the Work caused by the City, the Construction Manager shall be entitled to additional fee to compensate the Construction Manager for its increased expenses. The amount of this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to the Agreement. 7.4 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Section 8: Cost of the Work 8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in the Work as described and defined in Paragraph 8.2, and paid or incurred by the Construction Manager less any reimbursement for scrap value and cash or trade discounts, subject to Section 10. The term "wages" shall include the straight time and overtime pay and the cost of associated employee benefits. Employee benefits include, but are not limited to, unemployment compensation, social security, compensated absences, and other mandatory and customary contributions and fringe benefits insofar as such costs are based on wages, salaries, or other remuneration paid to employees of the Construction Manager. 8.1.1 The City agrees to pay the Construction Manager for the Cost of the Work as defined in Section 8, through completion of the Work. Payment shall be in addition to the Construction Manager's Fee as stipulated in Paragraph 7.2. 8.2 Cost of the Work includes and is limited to actual expenditure for the following cost items: 8.2.1 Subject to prior approval by the City, wages paid for labor in the direct employ of the Construction Manager other than those provided under Paragraph 7.2, as a part of the Construction Manager's Fee in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the City and Construction Manager, and including such welfare or other benefits, if any, as may be payable with respect thereto. 8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site, including cost of transportation and storage thereof shall be included in the Cost of the Work. At the City's sole discretion, the City may make payment for materials, supplies and/or equipment stored off -site and bonded. 8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed pursuant to Trade Contracts with the Construction Manager. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 12 of 17 8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the Construction Manager is required to procure by this Agreement, or other insurance or bonds subsequently deemed necessary by the Construction Manager, and agreed upon by the City. The cost of insurance for the Construction Manager, trade contractors, and sub - subcontractors at any tier in the Work shall be excluded for any insurance to be provided by the City in accordance with Section 11. 8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental authority and for which the Construction Manager is liable. 8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees, and deposits lost for causes other than the Construction Manager's own negligence. If royalties or losses and damages, including cost of defense, are incurred which arise from a particular design, process or the product of a particular manufacturer or manufacturers specified by the City or Architect /Engineer, and the Construction Manager had no reason to believe there would be infringement of patent rights, such royalties, losses and damages shall be paid by the City and the GMP shall be adjusted by Change Order to compensate the Construction Manager for the increased costs. If the Construction Manager knows or should know that use of the particular design, process or product would infringe a patent(s) and fails to provide written notice to the City before using such design, process or product, then no royalties, losses, damages or defense costs arising from use of such design, process or product shall be a Cost of the Work. 8.2.7 Cost of removal and disposal of all debris including clean -up and trash removal. 8.2.8 Cost incurred due to an emergency affecting the safety of persons and /or property. 8.2.9 Legal costs reasonably and properly resulting from prosecution of the Work for the City provided, however, that they are not the result of the Construction Manager's own negligence or malfeasance. Legal costs incurred in connection with disputes solely between the Construction Manager and the City or incurred in connection with disputes solely between the Construction Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be included in the Cost of the Work. 8.2.1 Q Cost to the Construction Manager of temporary electric power, lighting, water and heat required for the performance of the Work, or required to protect the Work from weather damage. 8.2.11 Cost to the Construction Manager of temporary safety - related protection including barricades and safety equipment, temporary roads and parking, dust control, pest control, installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs of permits and fees pursuant to the Conditions of the Contract. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 13 of 17 8.2.12 Cost of watchmen or similar security services. 8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of the Work or the requirements of the Agreement. 8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as -built documents not included in Trade Contracts. 8.2.15 Cost of data processing services required in the performance of the construction phase services as outlined in Paragraph 2.2. 8.2.16 All costs for reproduction of documents. 8.2.17 All costs directly incurred in the performance of the Work and not included in the Construction Manager's Fee as set forth in Paragraph 7.2. 8.2.18 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen which are employed or consumed in the performance of the Work. 8.2.19 Rental charges of all necessary machinery and equipment, including hand tools used in the performance of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs. 8.2.20 Costs associated with setting up and demobilizing tool sheds, Project field offices, temporary fences, temporary roads, and temporary fire protection. 8.2.21 Attendance at meetings of the City Commission regarding the Project. Section 9: Changes in the Work 9.1 The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions. All changes in the Work shall be authorized as described in the General Conditions of the Contract. Except in cases of emergency endangering life or property, the Construction Manager shall allow no Changes in the Work without the prior written approval of the City. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 14 of 17 Section 10: Discounts 10.1 All quantity discounts shall accrue to the City. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credited to the City. Section 11: Insurance 11.1 The Construction Manager shall provide insurance as required by the General Conditions of the Contract before commencing construction. Section 12: Miscellaneous Provisions 12.1 The City and Construction Manager respectively, bind themselves, their partners, affiliates, successors, assigns and legal representatives to the other party to this Agreement and to the partners, affiliates, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither City nor Construction Manager shall assign this Agreement without the written consent of the other. 12.2 This Agreement shall be governed by the laws of the State of Florida. 12.3 The Construction Manager agrees that after completion of all Work under this Agreement and all Amendments thereto and prior to final payment, it will execute and deliver to the City an "Assignment of Anti - trust Claims" as shown in the Special Conditions of the Contract. 12.3.1 The Construction Manager also agrees that prior to final payment, it will cause each of its suppliers and Trade Contractors who have furnished services, goods, or materials in connection with the performance of this Contract, to execute and deliver to the City an "Assignment of Anti -trust Claims" in the same form as specified in Paragraph 12.3. 12.4 The Construction Manager warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Construction Manager) to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation individual or firm (other than a bona fide employee working solely for the Construction Manager) any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 12.5 This contract may be unilaterally canceled by the City for refusal by the Construction Manager to allow public access to all documents, papers, letters, or other material made or received by the Construction Manager in conjunction with the contract. 12.6 As required by Section 287.133, Florida Statutes, the Construction Manager warrants that it is not on the convicted vendor list for a public entity crime committed within the past 36 months. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 15 of 17 The Construction Manager further warrants that it will neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in excess of $10,000.00 in connection with this Project for aperiod of 36 months from the date of their being placed on the convicted vendor list. 12.7 The liability of the City to the Construction Manager under this Agreement shall be limited to the GMP as described in Section 6, less any payments made to the Construction Manager. The City shall not be liable to Construction Manager for any damage, expense, obligation, penalty, attorney's fees or prejudgment interest, other than for amounts due under this Agreement. 12.8 The Construction Manager shall not file any liens against the Project. If the Construction Manager should breach of this provision the City may seek damages for, among other things, slander of title, fraudulent lien, and attorney's fees and costs. 12.9 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 12.10 The City does not waive sovereign immunity, and shall not be liable for, the payment of attorney's fees, or prejudgment interest. 12.11 The representatives executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 12.12 The Construction Manager shall comply with the following Federal Regulations; 1 2.12.1 Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). 12.12.2 Copeland "Anti- Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 12.12.3 Davis -Bacon Act (40 USC 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5). 12.12.4 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 - 330) as supplemented by Department of Labor regulations (29 CFR Part 5). City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 16 of 17 12.12.5 Where applicable, all standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h), section 508 of the Clean water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 115). Section 13: Codes Ordinances And Laws 13.1 The Construction Manager agrees to abide and be governed by all duly promulgated and published City, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the Work involved on this project. Section 14• Entirety Of Agreement 14.1 This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 14.2 No alterations, changes, or modifications of the terms of this Agreement shall be valid unless made in writing and signed by both parties and incorporated as an Addendum hereto. Section 15: Severability 15.1 If any provisions of this Agreement are found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed' and deleted. IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to the terms and conditions set forth herein. CITY OF SOUTH MIAMI Authority of Resolution No. duly passed and adopted by the South Miami City Commission on July 24, 2001 ATTEST: By: Charles D. Scurr, City Manager Ronetta Taylor, City Clerk City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 17 of 17 ATTEST: CONSULTANT: STATE OF FLORIDA ) SS. Acknowledgment of City of South Miami COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this _ day of , 2001 by Charles D. Scurr, and Ronetta Taylor, City Manager and City Clerk respectively, of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. Notary Public, State of Florida Print Name: Commission No.: My Commission Expires: STATE OF FLORIDA ) SS. Acknowledgment of the Consultant COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this day of ,2001, by of , on behalf of the Corporation. He /she is personally known to me or has produced (type of information), as identification. My Commission Expires: Notary Public, State of Florida Print Name: Commission No.: APPROVED AS TO FORM &CONTENT: Earl Gallop, Esq., City Attorney Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager Date: July 24, 2001 Re: Agenda Item # Jam'"' LDC Amendment: Permitted Use Tanning Studio Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE- PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL (HOMETOWN DISTRICT - OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Michael Lopez, is requesting the City to amend the list of permitted uses in the City's "SR(HD -OV)" , Specialty Retail ( Hometown District Overlay Zone) Use Districts to include "tanning studio ", as a ermitted use. The application package submitted refers to a specific address, 7400 -4 SW 57t Ave., as a site in the "SR(HD -OV)" district that the applicant and his company Eternal Sun wishes to locate a tanning studio. The submitted application is a text amendment to the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning districts designated as appropriate for the new use. The request will require the Land Development Code to be amended in two sections. The first is Section 20- 3.3(D), "Permitted Use Schedule" and the second is Section 20 -7.12 "Permitted uses ", within the Hometown District Overlay Zone, which incorporates a separate list of uses permitted in the Hometown District. LDC Amendment Permitted Use July 24, 2001 Page 2 of 3 STAFF ANALYSIS 1) At present the SR zoning district and the HD -OV zoning districts are coterminous. Although the commercial uses permitted are basically the same, each district has a separate listing of permitted uses, thereby requiring both sections of the LDC to be amended. 2) The uses allowed in the SR district are included in the Permitted Use Schedule (Section 20- 3.3(D) which is a listing of what uses are permitted in each of the City's 26 zoning use districts. There are currently over 100 separate commercial (permitted and special) uses allowed in the SR zoning use district. ( see Attachment Commercial Uses Permitted in SR) 3) The uses allowed in the Hometown District are contained in Section 20 -7 .12 "Permitted uses" which is within the regulations governing the Hometown District Overlay Zone. (see Attachment, Permitted uses in Hometown District) 4) A tanning studio is a business that uses artificial lighting systems to produce a tan on an individual's body. The applicant in his letter of justification states that indoor tanning is a fast growing and popular sector of the fitness and recreation industry, and that the location of a tanning studio in South Miami would be complementary with neighboring beauty salons and upscale retail shops. 5) A review of the uses currently allowed in the SR and the Hometown District indicates a number of businesses providing services very similar to a tanning studio. These include permitted uses such as physical fitness facility, barber shops, beauty parlors, massage therapist, as well as health care related offices. 6) Based upon the above information, tanning studios would be a compatible permitted use in the SR and Hometown zoning districts. A) SPECIFIC AMENDMENT Section 20- 3.3(D) of the Land Development Code should be amended as follows Section 20 -3.3 (D) Permitted Use Schedule I ;51UN +.NN Alr11 YKUV- NN1U1rAL NEKVIULN Tanning Studio P 11 x * Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording underline ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A USE TYPE D D D D D N R D D D D D D K M M L P P U U I I R 4 5 141 1 I ;51UN +.NN Alr11 YKUV- NN1U1rAL NEKVIULN Tanning Studio P 11 x * Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording underline LDC Amendment Permitted Use July 24, 2001 Page 3 of 3 B) SPECIFIC AMENDMENT Section 20 -7.12 of the Land Development Code should be amended as follows: Hometown District Overlay Zone Section 20 -7.12 Permitted uses The uses below are applicable to both new and existing buildings in the Hometown District: USE TYPE Unadjusted Parking Requirements I parking space required per: Tannin Studio tudio (Note; New wording underlined) 300 SF PLANNING BOARD RECOMMENDATION The Planning Board at its May 29, 2001 meeting adopted a motion recommending approval of the proposed amendment . The motion to approve was made by Mr. Illas and seconded by Mr. Mann. The motion was adopted by a vote of 7ayes 0 nays. CITY COMMISSION The City Commission at its June 12, 2001 meeting approved the proposed amendment on first reading RECOMMENDATION: It is recommended that the request to amend the Land Development Code's Permitted Use Schedule and the Hometown District to allow tanning studios as a permitted use in the SR and Hometown commercial districts as shown above and in the attached ordinance, be approved. Attachments: Proposed ordinance Application Letter of Intent Letter of Justification Uses Permitted in SR Permitted uses in Hometown Planning Board Minutes 5 -29 -01 Public notices n CS /KGL /SAY D. \C omm Items\2001 \ 2i' \ LDC Amend - Tanning Studio Re ort.doc 1 2 3 4 5 6 7 8 9 10 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 ,1 41 ORDINANCE NO. 'AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE- PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL (HOMETOWN DISTRICT - OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, application No. PB -01 -009 was submitted to the Planning and Zoning Department by Michael Lopez., said application requesting that Section 20- 3.3(D), Permitted Use Schedule and Section 20 -7.12 Hometown District Overlay Zone Permitted Uses of the City's Land Development Code be amended to include tanning studio as a permitted use in the "SR(HD -OV) ", Specialty Retail (Hometown District Overlay Zone) Use Districts; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended amending Section 20- 3.3(D) "Permitted Use Schedule," and Section 20 -7.12 "Hometown District Overlay Zone Permitted Uses" of the City's Land Development Code to permit a tanning studio as a permitted use in the "SR (HD -OV) ", Specialty Retail (Hometown District Overlay Zone) Use Districts; and WHEREAS, on May 29,2001, 2000, after Public Hearing regarding the proposed amendment to Section 20- 3.3(D) and Section 20 -7.12 of the Land Development Code, the Planning Board approved a motion by a vote of 7 ayes and 0 nays, recommending that a tanning studio be allowed as a permitted use in the "SR (HD -OV)' , Specialty Retail (Hometown District Overlay Zone) Use Districts; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.3 (D) Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Tanning Studio P 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording underlined) ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A USE TYPE D D D D D N R D D D D D D K M M L P P U U I I R 4 1 5 4 BUSINESS AND PROFESSIONAL SERVICES Tanning Studio P 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording underlined) 1 2 3 4 5 6 7 8 9 10 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 42 43 44 45 46 47 48 (2) Section 2. That Section 20 -7.12 entitled "Permitted uses" of the South Miami Land Development Code shall be amended to read as follows: Hometown District Overlay Zone Section 20 -7.12 Permitted uses The uses below are applicable to both new and existing buildings in the Hometown District: USE TYPE Unadjusted Parking Requirements I parking Wace required per: Tanning Studio 300 SF (Note; New wording underlined) Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of 2001 ATTEST: APPROVED: CITY CLERK l st Reading- 2nd Reading- READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu Commissioner Russell Commissioner Bethel: Commissioner :Wiscombe ORDINANCE NO. 'AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE- PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV)" , SPECIALTY RETAIL (HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, application No. PB -01 -.009 was submitted to the Planning and Zoning Department by Michael Lopez., said application requesting that Section 20- 3.3(D), Permitted Use Schedule and Section 20 -7.12 Hometown District Overlay Zone Permitted Uses of the City's Land Development Code be amended to include tanning studio as a permitted use in the "SR(HD -OV) ", Specialty Retail (Hometown District Overlay Zone) Use Districts; and WHEREAS, after review and consideration, the Planning and Zoning Department recommended amending Section 20-3.3(D) "Permitted Use Schedule," and Section 20 -7.12 "Hometown District Overlay Zone Permitted Uses" of the City's Land Development Code to permit a tanning studio as a permitted use in the "SR (HD -OV) ", Specialty Retail (Hometown District Overlay Zone) Use Districts; and WHEREAS, on May 29,2001, 2000, after Public Hearing regarding the proposed amendment to Section 20- 3.3(D) and Section 20 -7.12 of the Land Development Code, the Planning Board approved a motion by a vote of 7 ayes and 0 nays, recommending that a tanning studio be allowed as a permitted use in the "SR (HD -OV) ", 'Specialty Retail (Hometown District Overlay Zone) Use Districts; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.3 (D) Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Tanning Studio P 11 * Parking requirement category; I space per 300 sq.ft gross floor area (NOTE: New wording underlined) ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A USE TYPE D D D D D N R D D D D D D K M M L P P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Tanning Studio P 11 * Parking requirement category; I space per 300 sq.ft gross floor area (NOTE: New wording underlined) (2) Section 2. That Section 20 -7.12 entitled "Permitted uses" of the South Miami Land Development Code shall be amended to read as follows: Hometown District Overlay Zone Section 20 -7.12 Permitted uses The uses below are applicable to both new and existing buildings in the Hometown District: USE TYPE Unadjusted Parking Requirements 7 parkingg Wace required per Tanning Studio 300 SF (Note; New wording underlined) Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1 st Reading- 2 d Reading READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2001 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu Commissioner Russell Commissioner Bethel: Commissioner :Wiscombe - -- 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: W&—\-\ \\ \\ Lo t(s) — -Block Subdivision Meets & Bounds: Applicant: Phone. Representative': Organization: Address: Phone: Property Owner. Signature: Mailing Address: Phone: Architect/Engineer. Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase 4/Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PL CHECK THE APPROPRIATE ITEM: E CHECK ALL THAT APPLY: TASE Text Amendment to LDC _Variance tter of intent astifications _ Zoning Map Amendment _Special Use for change _ PUD Approval _Special Exception _Statement of hardshipl'/�- _ PUD Major Change _Other _ Proof of ownership or letter from ownerN`/11" Power of attorney N'7 Briefly explain application and cite specific Code sections: Contract to purchase N,157 _ Current survey (1 original sealed and 4/1f signed /1 reduced copy@ 11" x 17 ") 41 15 copies of Site Plan and Floor Plana4w 1 reduced copy @ 11 "x 17" N%4 _ 20% Property owner signatures N r� Section: Subsection: Page #: Amended Date: ailing labels (3 sets) and map'"`4 O J— %. /"7 /�t��nE�ctLr✓ , .csreic: �V equired Fee(s) L" u er. i ad this completed application and represents that the information and all submitted materials are true and con t st o r. cants knowledge and belief. App ,' a e a , Date � Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Devel t Cod,and applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. -� OFFICE USE ONLY: Date Filed v -x? a*1 Date of PB Hearings /1q F3 % _Date of Commission � to .,a Petition Required No Petition Accepted NA Method of Payment la 0 �11 Letter of Intent Eternal Sun will be an upscale indoor tanning studio dedicated to providing clients with a controlled, comfortable, and convenient environment in which to tan. Very simply, our mission will be to provide clients with the complete tanning experience. The complete tanning experience consists of a superior tanning service coupled with related tanning products that will enhance the client's physical appearance, as well as, provide him or her with the opportunity to experience mental relaxation in a time- conscious and affordable manner. In achieving our mission, Eternal Sun will strive to create an upscale and trendy image stemming from the studio's decor right down to the Eternal Sun logo. In addition, we will maintain a relaxed atmosphere with a friendly staff that is industry- educated and customer- oriented. The studio will also feature a full line of tanning products that compliment a line of sophisticated, 'state-of-the-art' tanning beds. Finally, Eternal Sun will operate Monday through Saturday from 9am to 9pm and Sunday from loam to 4pm. r'CEOVIE Wf Justification for Chanize I, Michael E. Lopez, respectfully request a text amendment to LDC allowing, Eternal Sun, an indoor tanning studio, to operate as a place of business in the City of South Miami. By all accounts, the research suggests the indoor tanning industry continues to strengthen its position as one of the fastest growing and most popular sectors of the fitness and recreation industry. According to Sun Ergoline's research an estimated 27 million people tanned indoors between May of 1998 and April of 1999. The figure represents an 8 % increase over the previous 1996 -1997 estimate of 25 million indoor tanners. Indeed, tanning studios have already found their way to South Florida and are established in such areas as Coral Gables, Kendall, Dadeland, and the Beaches. In addition, over the last few months, two new salons have opened in the Greater Miami area: one in Doral and the other in Brickell. Consequently, we believe a:premier tanning studio in South Miami would provide excellent synergy with the neighboring beauty salons /spas and the upscale retail shops in the surrounding area. Eternal Sun would like to provide the community of South Miami, and surrounding neighborhoods, with a professional upscale, indoor tanning studio that fits in with the standards and reputation of the City of South Miami. Eternal Sun will cater to health and fitness - conscious individuals who would love to be tanned, but are faced with significant time constraints. These individuals have a variety of commitments demanding time from their daily lives, such as hectic workdays; full class schedules, or family and social responsibilities with which they must comply. Additionally, many would attest they neither have the time, nor the desire to lie out in the sun for hours on end in order to build and maintain a beautiful tan. Instead, they would rather pay a nominal fee to tan safely, quickly, and conveniently indoors because they believe in the view stating, "If you look good, you feel good." Pres. of Eternal- Sun\Kanning m m m e This is the studio design that Eternal Sun will emulate f' Accounting and Auditing Services Advertising Agency Architectural Services Bank or Savings Institution Beauty or Barber Shop Bed and Breakfast Building Contractors Office Chiropractic Office or Clinic Counseling Services Computer Supplies & Services Credit Reporting Services Dentist Office Dry Cleaning Substation (no processing) Dry Cleaning Plant(S) Employment Agency Engineering Services Film Processing Substation Hotel or Motel Insurance Agency Interior Decorator, Showroom & Salesroom Interior Decorator, Office only Investigative Services Investment & Tax Counseling Laboratory, Medical or Dental Laundromat Law Office Loan or Finance Agency Mail & Parcel Center Market Research Services Message Therapist Medical Office Messenger or Courier Services Notary Public Office, Business or Professional Opticians or Optical Goods, Showroom Opticians or Optical Goods, Office only Personal Skills Instruction Studio Photographic Studio Physical Fitness Facility Picture Framing Store Planning & Zoning Consultant Public Relations Services Quick Printing Real Estate Agency Reproduction & Stenographic Services Shoe Repair Shop Stock Brokerage Tailor or Seamstress Telephone Answering Services Tutorial Services Theater or Cinema Travel Agency Watch and Clock Sales & Repair Video Tape Rental Store Antique or Curio Shop Bakery noun Bicycle Sales & Services Book or Stationery Store Business Machine Sales & Services Camera & Photo Supply Store Carpeting or Flooring Sales Clothing or Apparel Store (new only) Confectionery or Ice Cream Parlor Consumer Electronics or Music Store Cosmetics Store Dairy Products Store Deli Department or Dry Goods Store Drinking Place Drug, Pharmacy or Sundry Store Fabric or Drapery Shop Florist Grocery Store (over 4,000 sf gfa) Gift, Novelty or Souvenir Shop Hardware Store Hobby, Toy or Game Shop Household Appliance Store Home Furniture or Furnishings Store Jewelry Store Lighting Fixtures Store Liquor Store Luggage or Leather Goods Store Newsstand Office Supplies Paint Glass & Wallpaper Store Pet Sales or Grooming Services Poultry, Meat or Seafood Market Restaurant, General (S) Restaurant, Walk up (S) Sewing, Needlework or Piece Goods Store Shoe Store Small Restaurant (S) Sporting Goods Store Tea Room Tobacco Shop Used Merchandise Store: Antiques Used Merchandise Store: Consignment Goods (S) Variety Store Radio & TV Broadcasting Station Bus, Transit or Taxi Terminal Parking Lot, Commercial WCGRUMPLANNIN&Land Development CodePERMITTED USES consol list studies \PERMITTED USES IN GR DISTRICT.doc HOMETOWN DISTRICT OVERL =: - C -3INANCE 20 -7.12 20 -7.12 Permitted uses. The uses below are applicable to both new and = L:-_ =g buildings in the Hometown District: USE TYPE: A. Storefront Uses Antique or Curio Shop Bakery Bank or Savings Institution Beauty or Barber Shop Bicycle Sales & Services Book or Stationery Store Bus, Machine Sales & Services Bus, Transit or Taxi Terminal Camera & Photo Supply Store Carpeting or Flooring Sales Clothing or Apparel Store (new only) Computer Supplies & Services Confectionery or Ice Cream Parlor Consumer Electronics or Music Store Cosmetics Store Dairy Products Store Day Care Center Deli Department or Dry Goods Store Drinking Place Drug, Pharmacy or Sundry Store Dry Cleaning Substation (no processing) Fabric or Drapery Shop Film Processing, Retail Florist Fraternal Organization or Private Club Gift, Novelty or Souvenir Shop Grocery Store Hardware Store c Hobby, Toy or Game Shop Hone Furniture or Furnishings Store Household Appliance Store Inter. Decorator, Showroom /Salesroom Jewelry Store Laundromat 155 td Parking Requirements: P;. °::ng space required per: 300 SF 300 SF 300 SF 300 SF 300 SF 300 SF 300 SF 400 SF 300 SF 300 SF 300 SF 300 'SF 150 SF 300 SF 300 SF 150 SF 250 SF 150 SF 400 SF 100 SF 300 SF 300 SF 300 SF 300 SF 300 SF 100 SF 300 SF 150 SF 300 SF 300 SF 300 SF 300 SF 250 SF 300 SF 300 SF USE TYPE: Lighting Fixtures Store Liquor Store Luggage or Leather Goods Store Mail & Parcel Center Messenger or Courier Services Museum, Library or Art Gallery Newsstand Office Supplies Opticians or Optical Goods, Showroom Paint, Glass & Wallpaper Store Pet Sales or Grooming Services Photographic Studio Physical Fitness Facility Picture Framing Store Poultry, Meat or Seafood Market Restaurant, Genera or Walk Up* Restaurant, Small* Sewing/Needlework/Piece Goods Store School Shoe Repair Shop Shoe Store Sporting Goods Store Tailor or Seamstress Theater or Cinema Tobacco Shop Used Merchandise Store: Antiques Used Merchandise Store: Consignment* Variety Store Videotape Rental Store Watch and Clock Sales & Repair B. Office Uses Accounting & Auditing Services Advertising Agency Architectural Services Building Contractors Office Chiropractic Office or Clinic Counseling Services 156 Unadjusted Parking Requirements: 1 parking space required per. 300 SF 300 SF 300 SF 250 SF 300 SF 400 SF 300 SF 300 SF 200 SF 300 SF 300 SF 300 SF 300 SF 300 SF 300 SF 100 SF 400 SF 300 SF 400 SF 300 SF 300 SF 300 SF 300 SF 4 seats 300 SF 300 SF 300 SF 300 SF 300 SF 300 SF 250 SF 250 SF 250 SF 250 SF 200 SF 250 SF HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.12 USE TYPE: Credit Reporting Services Dentist Office Dry Cleaning Plant* Employment Agency Engineering Services Governmental Administration Insurance Agency Interior Designer, Office only Investigative Services Investment & Tax Counseling Laboratory: Medical or Dental Law Office Loan or Finance Agency Market Research Services Massage. Therapist Medical Office Notary Public Office, Business or Professional Opticians or Optical Goods, Office only Personal Skills Instruction Studio Planning & Zoning Consultant Public Relations Services Radio & TV Broadcasting Station Real,Estate Agency Reproduction and Stenographic Services Social Services Agency Stock Brokerage Services Telephone Answering Services Tutorial Services Travel Agency C. Residential & Lodging Uses Dwelling, Townhouse Dwelling, Multi- Family (Efficiency) Dwelling, Multi- Family (1= bedrooms) Hotel 157 Unadjusted Parking Requirements: 1 parking space required per. 250 SF 200 SF 300 SF 250 SF 250 SF 250 SF 250 SF 250 SF 250 SF 250 SF 200 SF 250 SF 250 SF 250 SF 200 SF 200 SF 250 SF 250 SF 200 SF 250 SF 250 SF 250 SF 400 SF 250 SF 300 SF 250 SF 250 SF 300 SF 300 SF 250 SF (SF refers to gross square feet) Unadjusted Parking Requirements: 2 spaces per dwelling unit ** 1.5 spaces per dwelling unit ** 2 spaces per dwelling unit ** 1 space per room + 2 additional CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 29, 2001 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 performed roll calla DRAFT Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Chimelis, Mr. Juan Comendeiro, Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Special Notice Before opening the public hearing, Mr. Morton announced that the applicant of Shoal Creek Properties L.L.C., for a proposed rental apartment building at the northeast corner of SW 70`h Street and SW 61S` Avenue, had requested a deferral of the item until a revised application could be submitted. Staff announced that this item is being tentatively scheduled for the Planning Board meeting of July I oth, 2001. Proper publication of such notice will take place prior to the meeting date. IV. Public Hearing (A) PB -01 -004 Applicant: AT &T Wireless Services Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PI ". PUBLIC / INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, due to the above concerns, staff had recommended denial of the Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman ( Lotterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal. The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for a five- minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42nd Terrace Martha Cruz, 5801 SW 42nd Terrace Manuel Lopez, 5990 SW 44th Terrace Speaker: (for YMCA) Mark Thompson 2 (Revised) NOTE: New wording underlined Planning Board Meeting May 29, 2001 conceal the tower; health threat on the long run; electrical facility installed too close to YMCA children's playground. The Board requested from the staff that for future applications of this nature, a site plan of the general area showing existing tower locations be included in the package, together with any possible sites where these telecommunication towers may be installed and the reasons why the requests were rejected. First Motion: Mr. Comendeiro moved approval of the request, Ms. Gibson seconded the motion. Mr. Mann wanted to add to the motion the clarification that although the residents in the area are opposed to the proposed project, it is important to indicate that AT &T, within the framework of the regulations, has apparently made efforts to work with the community. Action: Mr. Comendeiro moved to withdraw his motion to approve. Second Motion: Mr. Morton moved approval of the request as presented, and shown on the revised plans dated 5- 22 -01. Mr. Illas seconded the motion. Vote Approved 4 (Mann, Illas, Morton, Gibson) Opposed 3 (Liddy, Chimelis, Comendeiro) The Board was informed that the City Commission will consider this request at its next meeting, June 12, 2001 Ms. Chimelis requested that a member of the Board attend the City Commission meeting of June 12, 2001. (B) PB -01 -009 Applicant: Michael Lopez Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE - PERMITTED USES IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL (HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff recommended approval of the request to amend the Land Development Code's Permitted Use Schedule and the Hometown District to allow tanning studios as a permitted use in the SR and Hometown zoning districts. Applicant: Michael Lopez 3 Planning Board Meeting May 29, 2001 The Board, staff and representative briefly discussed the request. There were no speakers at the public hearing. Motion: Mr. Illas moved for approval and Mr. Mann seconded the motion. Vote: Approved 7 Opposed 0 (C) PB -01 -007 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH MUST BE MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Mann read the request into the record and staff presented the proposed amendments. Speaker: Mauricio Farinelli, restaurant owner. The Board and staff discussed the request which centered on providing additional requirements to LDC regulations governing Outdoor Seating. The staff report contained two alternative ordinances which provided for unobstructed sidewalk passage area. The Planning Board alternative (B) the five (5) feet unobstructed passage allowing only one row of seating against the building. The Planning Department was recommending alternative (A) amending the current regulations to require five (5) feet of unobstructed passage for a single row of seating and six (6) feet of sidewalk between two (2) rows of seating. During discussion, Board members expressed concern that other regulations governing outdoor seating needed to be more specific, and several amendments were proposed. Staff pointed out that all of the amendments will be made to both sections of LDC which contained regulations on outdoor seating / dinning, those being Section 20- 3.3(E) and Section 20 -7.29. Motion: Mr. Comendeiro moved to approve the following amendments to Section 20- 3.3(E) and Section 20 -7.29, pertaining to outdoor seating / dinning: (1) that seating be on one side of the sidewalk abutting the building, with a minimum of five (5) feet of sidewalk unobstructed for pedestrian passage; (2) maximum number of outdoor seats shall not 4 Planning Board Meeting May 29, 2001 exceed 80% of indoor seating; (3) table umbrellas should have a minimum clearance height of seven (7) feet above the sidewalk; (4) the extension of outdoor seating shall be limited to the frontage of only one adjacent storefront; (5) the written consent provided by property owners in front of whose properties outdoor seating / dining service occurs shall include an insurance policy naming the City as co- insured and a hold harmless clause in favor of the City. Mr. Morton seconded the motion. Vote: Approved 5 (Liddy), Illas, Chimelis, Gibson, Comendeiro) Opposed 2 (Mann, Morton) V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of April 24, 2001. Vote: Approved 7 Opposed 0 VI. Discussion Items The Board and staff discussed the following but was not limited to: (1) the importance of a member attending the next City Commission meeting in order to convey the views of the Board to the Commission on the requests presented at this meeting. (2) staff also stressed the importance of having quorum for the next Planning Board meeting scheduled for July 10, 2001 which is the only meeting taking place in July. Ms. Chimelis and Mr. Mann informed that they will not be able to attend. Mr. Illas was uncertain whether he could attend. (3) they discussed the possibility of amending the code in the future in order to change the number of members from five to four to constitute a quorum. Also, they discussed the possibility of providing for a special meeting. (4) Mr. Mann made reference to some neighbors who have approached him with the complaint that they are being cited for garbage protruding into the street; they claim the garbage is not theirs and it is just being dumped in front of their property. Also, Mr. Mann referred to a new residence which it has recently been finished and which resembles a "football stadium" when is lit up at night and wanted to know of any code restrictions on external lighting. Staff clarified that the above complaints should be directed to the Public Works and /or the Code Enforcement Departments for proper handling. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:37 PM. K: \PB \PB Minutes\2001 Minutes \MINS 05- 29- 01.doc 5 IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT " - AND SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING /DINING USES AND AREAS" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES' IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (1 st Reading — June 12, 2001) Said ordinance can be inspected in the City Clerk's Officg_., Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the Planning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard Ronetta Taylor, CIVIC City Clerk City of South Miami Pursuant to Florida 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 whfi' 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, persod Tay negd tg ensure tat a verbatim record of the roceedings is made which reeord mcludes4he testimonpaa�' evidtnEeu "�oi ieap a hictTTistote6a'se'd -' -' " -� +•r;�,�,a,a t a,s -!1 CITY OF SOUTH. MIAMI 11M NOTICE OF PUBLIC HEARINGS a NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida.will conduct Public Hearings during its regular City Commission meeting Tuesday, July 24, 2001 _ t beginning at 7:30 p.m., in the City Commission Chambers, 6130 4 Sunset Drive., to consider 1st Reading of the following described ordinance(s): t s AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF.THE -CITY OF SOUTH MIAMI, FLORIDA RELATING TO A - REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION: 20- 3.3(D) •, ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE -' s PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY - RETAIL (HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE; DATE. (1st Reading - June 12, 2001) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A'. REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION_ 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR. r ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT " - AND SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING /DINING USES AND AREAS" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES' IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (1 st Reading — June 12, 2001) Said ordinance can be inspected in the City Clerk's Officg_., Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the Planning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard Ronetta Taylor, CIVIC City Clerk City of South Miami Pursuant to Florida 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 whfi' 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, persod Tay negd tg ensure tat a verbatim record of the roceedings is made which reeord mcludes4he testimonpaa�' evidtnEeu "�oi ieap a hictTTistote6a'se'd -' -' " -� +•r;�,�,a,a t a,s -!1 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: July 24, 2001 and City Commission (3 From: Charles D. Scurr fawol Re: Agenda Item # City Manager LDC Amendment: Outdoor Seating for Restaurants REOUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." AND SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING/DINING USES AND AREAS" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Planning Board at its January 30, 2001 requested staff to prepare an appropriate draft amendment to the LDC regulations governing outdoor seating /dining. The issue was discussed as part of a special use application for a restaurant proposed for the Shops of Sunset. The primary concern of the Board dealt with the encroachment of outdoor restaurant tables and chairs on public sidewalks blocking pedestrian passage. The regulations governing outdoor seating /dining are contained in Section 20- 3.3(E) entitled "Outdoor Seating /Dining for All Commercial Properties except for Properties in the RO Residential Office Zoning District "(Attachment) and in the Hometown Zoning Overlay District LDC Amendment - Outdoor seating July 24, 2001 Page 2 chapter (Section 20- 7.29). The regulations in both sections are comprehensive, and require adherence to a number of restrictive standards. PLANNING BOARD CONCERNS Planning Department staff prepared a draft ordinance for consideration by the Planning Board addressing the initial concern, which dealt with the section of the Outdoor Seating regulations requiring a specific width of unobstructed passage for pedestrian sidewalk passage. The current regulations in both sections provide that "The width and location of the passage is to be determined by the city's planning division" (Section 20 -3.3 (E)(8)). The Planning Department's recommended draft would amend the provision to clearly indicate that there shall be five (5) feet of unobstructed sidewalk passage for a single row of seating and six (6) feet of unobstructed sidewalk passage between two rows of seating. The Planning Department's suggestion was based upon the Americans with Disabilities Act (ADA) requirement of a clear path of five (5) feet, to accommodate wheelchairs. Where there is only one row of seating, the five foot clear path will remain adequate. However, when there are two opposite rows of seating, there has been a tendency for some of the restaurant patrons to move their chairs out, or lean back occasionally, reducing the passageway to Tess than five feet. Therefore, the six (6) foot width is appropriate where there are two rows of seating. The Planning Board at its May 29, 2001 meeting conducted a public hearing on the proposed amendment to the LDC provisions regulating outdoor seating /dining for restaurants (Section 20- 3.3(E) and Section 20- 7.29). The Planning Board felt that the provision described above should be amended to require five (5) feet unobstructed sidewalk passage, and that only one row of seating against the building would be allowed. Specifically Board members expressed concern with outdoor restaurants that had seating on both sides of the pedestrian walkway. It was seen as creating too much of a private atmosphere for diners only, and as unfriendly towards pedestrians walking through. Planning; Department staff recommended against such a limitation, because of concern that the limitation of outdoor seating to only one side is not appropriate. Certain areas will have sufficient space to accommodate seating on both sides of the sidewalk, and restaurants with this type of seating have been very successful. In addition to the above, the Board expressed concern that other regulations governing outdoor seating needed to be amended. The Board felt that there should be a limit on the number of outdoor dining seats, a minimum height of table umbrellas, and a limitation on the provision allowing outdoor seating to extend to the properties on both sides of the restaurant. The Board also felt that the written consent required of adjacent property should include an insurance requirement and a hold harmless clause. These additional proposals are generally supported by Planning Department staff. LDC Amendment Outdoor seating July 24, 2001 Page 3 PLANNING BOARD RECOMMENDATION At the May 29, 2001 Planning Board meeting a motion was made to approve the following proposed amendments to Section 20- 3.3(E) and Section 20 -7.29, pertaining to outdoor seating /dining for restaurants: • that seating be on one side of the sidewalk ONLY, abutting the building, with a minimum of five (5) feet of sidewalk unobstructed for pedestrian passage; • maximum number of outdoor seats shall not exceed 80% of indoor seating; • table umbrellas should have a minimum clearance height of seven (7) feet above the sidewalk. • the extension of outdoor seating shall be limited to the frontage of only one adjacent storefront; • the written consent provided by property owners in front of whose properties outdoor seating / dining service occurs shall include an insurance policy naming the City as co- insured and a hold harmless clause in favor of the City. The motion was made by Mr. Comendeiro and seconded by Mr. Morton. The motion was adopted by a vote of 5 ayes ( Mr. Liddy), Mr. Illas, Ms. Chimelis, Ms. Gibson, Mr. Comendeiro) and 2 nays (Mr. Mann, Mr. Morton) CITY COMMISSION ACTION (1St Reading) The Commission at first reading on June 12, 2001 adopted the attached ordinance which contains the proposed amendments listed above, for both sections of the Land Development Code dealing with outdoor seating /dining. The City Commission, at that time, also suggested an amendment requiring', the applicant to clean and sweep the sidewalk dining area on a daily basis. This amendment is included in subsection (7) on p.2 and (G) on p.4. All of the amendments can be seen in subsections (7), (8), (10), (11), and (15) on pp. 2, 3 and in subsections (G), (H), (J), (K), and (0) on pp. 4,5. Note that the ordinance adopted on first reading contains both ALTERNATE wording (A and B) for subsection amendment (8) on p.2 and subsection (H) on p.4. Alternate A is the recommendation of the Planning Board, and Alternate B is the recommendation of Planning Department staff. The City Commission determined that it would decide between the two alternatives at second reading. RECOMMENDATION It is recommended that the ordinance adopted on second reading contain the ALTERNATE B wording for subsection (8) on p. 2 and subsection (H) on p. 4, allowing for two rows of seats with 5' feet (if single row) and 6 feet (if two rows) of unobstructed pedestrian passage be included in the adopted ordinance. The absolute limitation of outdoor seating to one row of seats as recommended by the Planning Board is not necessary, and could artificially limit outdoor LDC Amendment - Outdoor seating July 24, 2001 Page 4 seating in certain locations. The concept of outdoor seating is a vital ingredient to the ambiance and success of the City's downtown streetscape. The Administration is supportive of the other amendments (subsections (10), (11), and (15) on pp.2,3 and subsections (]), (K), and (0) on pp.4,5) as recommended by the Planning Board. These amendments will provide additional limitations and safeguards without affecting the purpose or implementation of the outdoor seating regulations. Attachments: Proposed Ordinance Planning Board Minutes 5 -29 -01 Public Notices CS /RGL /SA DAComm Items\2001 \7 -24 -01 \Staff Report- Outdoor seating.doc -I 1 2 3 4 5 6 7 8 9 10 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 42 43 44 45 46 47 48 49 50 51 52 53 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." AND SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING/DINING USES AND AREAS" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR "SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Department has initiated a program to update, clarify, and improve the provisions of the City's Land Development Code and to update provisions of the City's Land Development Code; and WHEREAS the Planning Board has expressed concern that the current standards governing outdoor seating /dining areas for restaurants, contained in Land Development Code Section 20- 3.3(E), and Section 20 -7.29 both require additional requirements in order to limit the number and location of seating, require a specific width of unobstructed pedestrian passage; protect pedestrians, and to provide a hold harmless clause; and WHEREAS, the Planning and Zoning Department has reviewed the subject regulations and has prepared an ordinance amending LDC Section 20- 3.3(E) and LDC Section 20- 7.29in order to provide the additional requirements and standards; and WHEREAS, at its May 29, 2001 meeting, after public hearing regarding the proposed amendments to Sections 20- 3.3(E) and 20 -7.29 of the Land Development Code, the Planning Board voted 5 -2 to recommend approval of the proposed amendments to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 3.3(E) of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.3 Permitted Use Schedule (E) Outdoor Seating/Dining for All Commercial Properties, except for Properties in the RO Residential Office Zoning District. (1) An application must be filed, which shall include layout of all tables, chairs, benches, and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). 1 2 3 4 5 6 7 8 9 10 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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 (2) (2) Outdoor seating /dining areas and uses of the public right -of -way and /or any private property may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent, purposes, standards, and requirements of the related regulations by the City Manager. Such permit shall not be transferable in any manner and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee for such outdoor seating /dining uses. (3) The fee for outdoor dining /seating use and area will be waived for the first year of operation, and shall be charged annually in the amount of two hundred fifty dollars ($250.00); the permit fee shall be added to the occupational license fee for the main business. (4) The applicant shall provide an indemnity agreement that is acceptable to the city manager. This agreement will include specification of liability insurance provided. (5) The conditional use permitting of outdoor seating /dining use and area may be revoked by the city manager upon fording that one or more conditions of these regulations have been violated, or that the outdoor seating /dining area and use are being operated in a manner that constitutes a public nuisance, or in any way that constitutes a reasonable risk of potential liability to the city. (6) Outdoor seating /dining use and area may be temporarily suspended by the city manager for public use /purpose, utility, sidewalk or road repairs, emergency situations, or violations of provisions contained herein. The length of suspension shall be determined by the city manager as necessary. Removal of all street 'furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor seating /dining. Outdoor seating /dining area shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. The applicant shall be responsible for daily cleaning and sweeping of the outdoor seating /diming area and for the cleanliness and maintenance of any outdoor planters immediately adiacent to the outdoor seating /dining area. (8) ALTERNATE A Outdoor seating/dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities, or access to any other commercial establishments. The width an location of the sidewalk pedestrian passage shall '- be is to ° `a°tefmi1°d by the Gity's planning divis-io limited to the sidewalk area abutting the building and a minimum of five (5) feet of sidewalk must remain clear and unobstructed for pedestrian passage (8) ALTERNATE B Outdoor seating /dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities, or access to any other commercial establishments. The width and location of the sidewalk pedestrian passage shall be as follows: is to tie de-term-ine d by tae, Gity's plafming divis;;,,,,. a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain clear and unobstructed for pedestrian passage; b) If there is seating on two sides of the sidewalk, a minimum of six (6) feet of sidewalk between the two seating areas must remain clear and unobstructed for pedestrian passage." (9) Outdoor seating /dining area on the public rights -of -way shall be open and un- enclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating/dining area located on public property. 1 2 3 4 5 6 7 8 9 10 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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 (3) (10) Tables, chairs and all other furniture used in the operation of an outdoor seating /dining area on the public rights -of -way shall not be anchored or restrained in any manner. Individual table umbrellas, planters, or other such non - stationary elements may be permitted within the outdoor seating /dining area and where applicable, shall have a minimum clearance height of seven (7) feet above the sidewalk. (11) Outdoor seating /dining use and area on public rights -of -way shall be restricted to the length of the sidewalk or public right -of -way immediately fronting the cafe or other establishment. The utilization of space extending on-,4t one adjacent side beyond the subject property frontage may be authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating /dining service would occur. The annual written consent form shall be provided to the City and shall include an insurance policy naming the City as co- insured and a hold harmless clause in favor of the City. (12) Outdoor seating /dining area shall be at the same elevation as the adjoining sidewalk or public right -of -way. (13) Carts and trays for serving food are permitted in the outdoor seating /dining area. (14) Outdoor seating /dining use and area shall not be provided with amplified sound of any kind. (15) The maximum number of outdoor seats shall not exceed 80% of the number of indoor seating Section 2 That Section 20 -7.29 of the South Miami Land Development Code is hereby amended to read as follows: Hometown District Overlay Zone (A) 0 (C) (D) Section 20 -7.29 Outdoor seating /dining uses and areas. An application may be accepted for any proposed siting of outdoor seating /dining uses and areas for any property within the Hometown District, including, but not limited to, those areas which are designated as pre- approved on the Regulating Plan. An application must be filed, which shall include the layout of all tables, chairs, benches and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). Outdoor seating /dining areas and uses of the public right -of -way and/or any private property may be approved, denied, or approved with conditions, modifications, safeguards or stipulations appropriately and reasonably related to the intent, purposes, standards and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee for the outdoor seating /dining use. The fee for outdoor dining /seating uses and areas will be waived for the first year of operation of the subject property, and shall be charged annually in the amount of $250; the permit fee shall be added to the occupational license fee for the main business. The applicant shall provide an Indemnity Agreement, which is acceptable to the City Manager. This agreement will include specification of liability insurance provided. 1 (4) 2 3 (E) The conditional use permitting of outdoor seating /dining uses and areas may be revoked by the City 4 Manager upon finding that one or more conditions of these regulations have been violated, or that the 5 outdoor seating /dining area and use are being operated in a manner which constitutes a public nuisance, or 6 in any way constitutes a reasonable risk of potential liability to the City. 7 8 (F) Outdoor seating /dining uses and areas may be temporarily suspended by the City Manager for public 9 use /purpose, utility, sidewalk or road repairs, emergency situations or violations of provisions contained 10 herein. The length of suspension shall be determined by the City Manager as necessary. Removal of all 11 street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor 12 seating /dining. 13 14 (G) Outdoor seating /dining areas shall be kept in a neat and orderly appearance and shall be kept free from 15 refuse and debris. The applicant shall be responsible for daily cleaning and sweeping of the outdoor 16 seating /dining area and for the cleanliness and maintenance of any outdoor planters immediately adiacent 17 to the outdoor seating/dining area 18 19 (H) ALTERNATE A 20 Outdoor seating/dining uses and areas shall not interfere with the free and unobstructed pedestrian or 21 vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas 22 and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial 23 establishments. The width and location of the sidewalk pedestrian passage shall be is to be det"mined by 24 the Building, Zoning and Community Developmew DepaAment limited to the sidewalk area abutting the 25 building and a minimum of five (5) feet of sidewalk must remain clear and unobstructed for pedestrian 26 27 (H) ALTERNATE B 28 Outdoor seating /dining uses and areas shall not interfere with the free and unobstructed pedestrian or 29 vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas 30 and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial 31 establishments. The width and location of the sidewalk pedestrian passage shall be as follows: is to be 32 determined by the Building, Zoning and Communit3, Development DepaMnent. 33 34 (a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain 35 clear and unobstructed for pedestrian passage; 36 37 (b) If there is seating on two sides of the sidewalk, a minimum of six (6) feet of sidewalk between the 38 two seating areas must remain clear and unobstructed for pedestrian passage." 39 40 (I) Outdoor seating /dining areas shall be open and unenclosed. No building structures of any kind shall be 41 allowed in and over any portion of the outdoor seating /dining area located on public property, except as 42 allowed by Sections 20 -7.7 through 20 -7.11. 43 44 (J) Tables, chairs and all other furniture used in the operation of an outdoor seating /dining area shall not be 45 anchored or restrained in any manner. Individual table umbrellas, planters or other such non- stationary 46 elements may be permitted within the outdoor seating /dining area. and where applicable, shall have a 47 _minimum clearance height of seven (7) feet above the sidewalk. 48 49 (K) Outdoor seating /dining uses and areas shall be restricted to the length of the sidewalk or public right -of- 50 way immediately fronting the cafe and/or restaurant establishment. The utilization of space extending on 51 oithgr one adjacent side beyond the subject property frontage may be authorized subject to annual written 52 consent provided by the property owners in front of whose properties the outdoor seating /dining service 53 would occur. The annual written consent form shall be provided to the City and shall include an insurance 54 policy naming the City as co- insured and a hold harmless clause in favor of the Citv. 55 56 57 58 1 2 (5) 3 4 (L) Outdoor seating/dining areas shall be at the same elevation as the adjoining sidewalk or public right -of- 5 way. 6 7 (M) Carts and trays for serving food are permitted in the outdoor seating /dining area. 8 9 (N) Outdoor seating /dining uses and area shall not be provided with amplified sound of any kind. 10 11 (0) The maximum number of outdoor seats shall not exceed 80% of the number of indoor seating 12 13 14 15 Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid 16 or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 17 remaining portions of this ordinance. 18 19 Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 20 hereby repealed. 21 22 Section 5 This ordinance shall take effect immediately after adoption hereof.. 23 24 25 26 PASSED AND ADOPTED this day of , 2001 27 28 ATTEST: APPROVED: 29 30 31 32 CITY CLERK MAYOR 33 34 COMMISSION VOTE: 35 READ AND APPROVED AS TO FORM: Mayor Robaina : 36 Vice Mayor Feliu`. 37 Commissioner Russell 38 Commissioner Bethel: 39 Commissioner Wiscombe: 40 41 42 CITY ATTORNEY 43 44 45 46 47 48 49 50 51 52 53 54 NOTE: New wording underlined; wording to be removed indicated by strike - through. z v CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 29, 2001 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 performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Chimelis, Mr. Juan Comendeiro, Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning, Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Special Notice Before opening the public hearing, Mr. Morton announced that the applicant of Shoal Creek Properties L.L.C., for a proposed rental apartment building at the northeast corner of SW 70th Street and SW 61St Avenue, had requested a deferral of the item until a revised application could be submitted. Staff announced that this item is being tentatively scheduled for the Planning Board meeting of July 10th, 2001. Proper publication of such notice will take place prior to the meeting date. IV. Public Hearing (A) PB -01 -004 Applicant: AT &T Wireless Services Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PI ". PUBLIC /INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole- tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, due to the above concerns, staff had recommended denial of the request. Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman (Lotterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal. The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for a five- minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42" d Terrace Martha Cruz, 5801 SW 42nd Terrace Manuel Lopez, 5990 SW 44th Terrace Speaker: (for YMCA) Mark Thompson 2 (Revised) NOTE: New wording underlined Planning Board Meeting May 29, 2001 conceal the tower; health threat on the long run; electrical facility installed too close to YMCA children's playground. The Board requested from the staff that for future applications of this nature, a site plan of the general area showing existing tower locations be included in the package, together with any possible sites where these telecommunication towers may be installed and the reasons why the requests were rejected. First Motion: Mr. Comendeiro moved approval of the request, Ms. Gibson seconded the motion. Mr. Mann wanted to add to the motion the clarification that although the residents in the area are opposed to the proposed project, it is important to indicate that AT &T, within the framework of the regulations, has apparently made efforts to work with the community. Action: Mr. Comendeiro moved to withdraw his motion to approve. Second Motion: Mr. Morton moved approval of the request as presented, and shown on the revised plans dated 5- 22 -01. Mr. Illas seconded the motion. Vote: Approved 4 (Mann, Illas, Morton, Gibson) Opposed 3 (Liddy, Chimelis, Comendeiro) The Board was informed that the City Commission will consider this request at its next meeting, June 12, 2001 Ms. Chimelis requested that a member of the Board attend the City Commission meeting of June 12, 2001. (B) PB -01 -009 Applicant: Michael Lopez Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE - PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL (HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff recommended approval of the request to amend the Land Development Code's Permitted Use Schedule and the Hometown District to allow tanning studios as a permitted use in the SR and Hometown zoning districts. Applicant: Michael Lopez 7 Planning Board Meeting May 29, 2001 The Board, staff and representative briefly discussed the request. There were no speakers at the public hearing. Motion: Mr. Illas moved for approval and Mr. Mann seconded the motion. Vote: Approved 7 Opposed 0 (C) PB -01 -007 Applicant : Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH MUST BE MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Mann read the request into the record and staff presented the proposed amendments. Speaker: Mauricio Farinelli, restaurant owner The Board and staff discussed the request which centered on providing additional requirements to LDC regulations governing Outdoor Seating. The staff report contained two alternative ordinances which provided for unobstructed sidewalk passage area. The Planning Board alternative (B) the five (5) feet unobstructed passage allowing only one row of seating against the building. The Planning Department was recommending alternative (A) amending the current regulations to require five (5) feet of unobstructed passage for a single row of seating and six (6) feet of sidewalk between two (2) rows of seating. During discussion, Board members expressed concern that other regulations governing outdoor seating needed to be more specific, and several amendments were proposed. Staff pointed out that all of the amendments will be made to both sections of LDC which contained regulations on outdoor seating / dinning, those being Section 20- 3.3(E) and Section 20 -7.29. Motion: Mr. Comendeiro moved to approve the following amendments to Section 20- 3.3(E) and Section 20 -7.29, pertaining to outdoor seating / dinning: (1) that seating be on one side of the sidewalk abutting the building, with a minimum of five (5) feet of sidewalk unobstructed for pedestrian passage; (2) maximum number of outdoor seats shall not 4 r Planning Board Meeting May 29, 2001 . exceed 80% of indoor seating; (3) table umbrellas should have a minimum clearance height of seven (7) feet above the sidewalk; (4) the extension of outdoor seating shall be limited to the frontage of only one adjacent storefront; (5) the written consent provided by property owners in front of whose properties outdoor seating / dining service occurs shall include an insurance policy naming the City as co- insured and a hold harmless clause in favor of the City. Mr. Morton seconded the motion. Vote: Approved 5 (Liddy), Illas, Chimelis, Gibson, Comendeiro) Opposed 2 (Mann, Morton) V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of April 24, 2001. Vote: Approved 7 Opposed 0 VI. Discussion Items The Board and staff discussed the following but was not limited to: (1) the importance of a member attending the next City Commission meeting in order to convey the views of the Board to the Commission on the requests presented at this meeting. (2) staff also stressed the importance of having quorum for the next Planning Board meeting scheduled for July 10, 2001 which is the only meeting taking place in July. Ms. Chimelis and Mr. Mann informed that they will not be able to attend. Mr. Illas was uncertain whether he could attend. (3) they discussed the possibility of amending the code in the future in order to change the number of members from five to four to constitute a quorum. Also, they discussed the possibility of providing for a special meeting. (4) Mr. Mann made reference to some neighbors who have approached him with the complaint that they are being cited for garbage protruding into the street; they claim the garbage is not theirs and it is just being dumped in front of their property. Also, Mr. Mann referred to a new residence which it has recently been finished and which resembles a "football stadium" when is lit up at night and wanted to know of any code restrictions on external lighting. Staff clarified that the above complaints should be directed to the Public Works and /or the Code Enforcement Departments for proper handling. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:37 PM. K: \PB \PB Minutes\2001 Minutes \MINS 05- 29- 01.doc 5 Inquiries concerning this item should be directed to the Planning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida 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 wtw 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 ensurs, that- . rt, s CITY OF SOUTH- MIAMI "s ` NOTICE OF PUBLIC HEARINGS. m NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida.will conduct Public Hearings during its regular City Commission meeting Tuesday, July 24,. 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider 1st Reading of the following described ordinance(s): r AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF.THE.CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST. TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION: 20- 34(D) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE- PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -0\0", SPECIALTY RETAIL (HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (1st Reading —June 12, 2001). AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 9 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND' LAND DEVELOPMENT CODE SECTION- 20-3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT"-' AND SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING /DINING USES AND AREAS" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE BATE. (1st Reading — June 12, 2001) Said ordinance can be inspected in the City Clerk's Offica7,. Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the Planning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida 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 wtw 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 ensurs, that- . rt, CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: July-.20, 2001 and City Commission FROM: C g harles Scurr Re: A enda Item # _L City Manager Comm. Mtg. TSuly X44-; 2001 Sale of alcoholic beverages on Sundays. REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 4 -6 (DEFINITIONS OF ESTABLISHMENTS; HOURS OF OPERATION; DEFINITION OF ALCOHOLIC BEVERAGES) OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, CHANGING THE TIME OF PERMITTED SALE OF ALCOHOLIC BEVERAGES IN RESTAURANTS ON SUNDAY FROM 1:00 PM TO 10:00 AM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Currently the City prohibits alcohol sales in restaurants before 1:00 PM on Sunday. This ordinance was enacted in 1958. There has been a proliferation of indoor and outdoor restaurants within the City. Many of these locations offer breakfast and wish to sell alcoholic beverages with these meals. Our neighbors, Coral Gables and Miami -Dade County, are less restrictive in their Sunday sales ordinances. Coral Gables allows restaurants to sell as of 7:00 AM on Sunday, while Miami -Dade County allows 10:00 AM for beer and 1:00 PM for all other beverages. The proposed change would affect restaurants only. All others establishments would stay as previous. Additionally, pursuant to Miami -Dade County Charter (1.01) (A) (16) any change must be presented to the County Commission for approval. RECOMMENDATION Your approval is recommended. 1 2 3 4 5 6 7 8 9 10 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 42 43 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 4 -6 (DEFINITIONS OF ESTABLISHMENTS; HOURS OF OPERATION; DEFINITION OF ALCOHOLIC BEVERAGES) OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, CHANGING THE TIME OF PERMITTED SALE OF ALCOHOLIC BEVERAGES IN RESTAURANTS ON SUNDAY FROM 1:00 PM TO 10:00 AM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Section 4 -6 of the City Code of Ordinances deals with the hours when alcoholic beverages may be sold within the City of South Miami; and WHEREAS, in adjacent jurisdictions the ordinances regulating such activity are much less stringent; and WHEREAS, the disparity can have a negative effect upon restaurants in South Miami; and WHEREAS, the City Commission desires to eliminate this disparity; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 4 -6 of the Code of Ordinances of the City of South Miami is amended to read: Sec. 4 -6. Definitions of establishments; hours of operation: definition of alcoholic beverages. (a) Definitions of establishments. [For purposes of this section, the words and terms defined in this subsection shall have the following meanings:] (1) Bar or lounge means a commercial establishment devoted primarily to the sale of alcoholic beverages for consumption on the premises, and where entertainment may be provided. (2) Restaurant means any building or structure or portion thereof which serves cooked, full course meals daily prepared on the premises, and which contains service bars for on- premises consumption only. 44 (3) Nightclub means any building, room or rooms or other places where the 45 principal business shall be to provide food, refreshments and entertainment, 46 47 a. Where accommodations for the service of meals to at least two hundred 48 (200) persons is provided; and 49 b. Where a band, orchestra or some other form of musical entertainment is 50 provided for dancing; and 51 c. Where sufficient space, free from tables and chairs or other obstructions, is 52 provided to enable one hundred (100) persons to dance. 53 54 (4) Package store shall include all establishments engaged in the sale of alcoholic 55 beverages for consumption off the premises only, but shall not include grocery 56 stores and supermarkets. 57 58 (5) Gift basket shall mean the sale of beer and wine packaged as part of a gift 59 basket from florists or retail gift stores for off - premises consumption. 60 61 (b) Hours of operation. It shall be unlawful for nay person, corporation or entity 62 or entity licensed for the on- premises consumption of alcoholic beverages to 63 sell or offer for sale such alcoholic beverages, or to be open for business after 64 5:00 a.m. on any day nor before 11:00 a.m. on any day but Sunday. On 65 Sundays, all licensed establishments shall not sell or offer for sale such 66 beverages before 1:00 p.m. except that restaurants, as defined in Section 4 -6 (a) 67 (2) shall be permitted to sell or offer for sale such beverages on Sundays 68 beginning at 10:00 a.m. 69 70 (c) Alcoholic beverages defined. Alcoholic beverages as used in this section and 71 throughout this Code shall be defined as: distilled spirits and all beverages 72 containing one -half of one percent or more alcohol by volume. 73 74 Section 2. The City Manager is directed to prepare such documents as are 75 necessary pursuant to Miami -Dade County Charter 1.01 (A) (16) (county is to ... approve 76 municipal regulations on hours of sale of alcoholic beverages). 77 78 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 79 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 80 shall not affect the validity of the remaining portions of this ordinance. 81 82 Section 4. All ordinances or parts of ordinances in conflict with the provisions 83 of this ordinance are repealed. 84 85 86 Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND 'ADOPTED this day of , 2001. ATTEST: CITY CLERK 1St Reading — 2nd Reading READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: r, � SHE BEST DISCOUNTS ON %AIRFARES AND TOURS SAVE HUNDREDS OF DOLLAR QUALITY TRAVEL INCt, Europe & Asia (Board -trip fares) ®� °� %�° �2 1 Paris ............ 775 Rome......... 889 COMPARED TO REPLACEMENT 305 -471 -0070 Madrid ........ 899 Vienna....... 869 FO CELITE G OF SOUTH it 1 -8 0® -5125 -9777 Frankfurt .... 845 Berlin. ......... .845 CHANGE COLORS FREE ESTIMATES 0 LIC. SINCE 19E- et Centre: 9565 NW 41" Stre London........ 725 Amsterdam. * 678 = Miami, Florida 33178 I< � � Milan ........... 889 Bangkok ...... 948 r Central & South America (Round -trip fares) Tokyo. ..948 Seoul ............ 948 • Belize ..................363 Panama .............. 303 San Pedro .......... 303 San Jose .............301 Tours &Vacations with Airfare '. Hotel. Htl. taxes. Transfer & Tours ., Guatemala San Salvador Managua ............ 307 Roatan ................ 443 The Best of Spain & Portugal..... 14 D .1613 • Tegucigalpa.......375 Le Ceiba............423 The Grand Italy 0' y .........................14 D .1724 Lima ...................325 Caracas..............229 Jewels of France ........................9 D. 1304 A Guayaquil .......... 335 Quito ..................335 Cancun ....................................... 4 D. 340 Call Fidt Bogota ................355 Cali/Cartagena..355 Punta Cana (All Inclusive) .......4 D. 639 Cartagena .......... 355 Barranquilla 355 Atlantis/Paradise Island ........... 3 D.. .429 Medellin .............355 Sao Paulo ........... 545 Spain - Portugal & Morocco...... 16 D....1725 ' 1 ' I • La Paz ................446 Santiag. ............. 515 The Jewels of Italy ..................... 10 D....1539 t ' ' Bs. Aires .............445 Cancun .............. 199 Madrid - Andalucia & Costa ......... 1 l D....1442 J In Mexico ...............303 Paris & London ......................... 9 D......1509 . 1 , �, • ' k 'Same restric ions apply. Subject to change without previous notice. Rome, Florence & Venice..........7 D......1584 subject to availability • US Departure taxes not included. London, Paris, Rome ................ 11 D....1813 e e® Women needed for a research study comparing two FDA approved hormone replacement medications. REQUIREMENTS: • Ages 45 to 65 No periods for at least 6 months Not used any type of female hoc t leasi t,- m(; the • General good health • No prior hysterectomy Eligible participants receive at no cost: Physical exam, Pap smear Mammogram • Blood tests (cholesterol, hormone levels, blood count) • All study medications Patients who complete the 4 -month study receive $100, for your time and travel. For more information: Janet K. Gersten, M.D. 8900 S.W. 117th Avenue #202 -B Miami, FL 33186 (305) 274 -6002 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting Tuesday, July 24, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider 1st Reading of the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 4 -6 (DEFINITIONS OF ESTABLISHMENTS; HOURS OF -OPERATION; DEFINITION OF ALCOHOLIC BEVERAGES) OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, CHANGING THE TIME OF PERMITTED SALE OF ALCOHOLIC BEVERAGES IN RESTAURANTS ON SUNDAY FROM 1:00 PM TO 10:00 AM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (1 stReading - June 12, 2001) Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular' office hours. Inquiries concerning this item should be directed to the Planning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk Bogota ............... 2 7 5 Medeliin .............s a 0 Lima .................., 299 Santiago............ Zoo Quito ................. 299 Aruba ................ 320 Panama .............29 5 Cancun ...............MMO La Paz ................340 Mexico ............... 3 O 8 Managua ........... Moo om The Best Prices r!r to Centra( & South. America.. Caracas ............... 230 Maracaibo......... M 719P San Salvador..... 355 Tegucigalppa........ 3140 Guatemafa. ........ 240 Buenos Aires...... 390 San Pedro Sula .. MOO Guayaquil .......... 299► La Paz ................340 WEDNESDAY San Jose............ Moo San Juan ............ 335 �2, t m Aeros,. .�.�:5 10.0880 'FRILF,111111-4WO P CASATIA Co RESTAURANT Introducing Our Popular Daily 5pecral5 MONDAY FRIDAY Ajiaco - Chicken Fricassee Creamy Asparagus soup Breaded Chicken Breast Steak Plantain soup White Beans & Clams Galician style cod fish -TUESDAY Andalusian style pig's feet Chick pea & cod fish stew Chicken and shrimps creole Pot roasted Calf's tongue combination Castillian Garlic Soup SATURDAY WEDNESDAY Plantain soup Corn meal & pork casserole Galician style lamb shanks Vaca frita Pot roasted beef Grilled salmon fillet Oven roasted pork loin THURSDAY Oxtail stew Basque Style Black Grouper SUNDAY Sweet potatoes stuffed Plantain soup with "tasajo" Chicken and yellow rice Corn meal & shrimps Cornish hen in wine sauce casserole Pot roasted beef Madrid style "cocido" Oven roasted pork loin (chick pea stew) 4p , m Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager Date: July 24, 2001 Re: Agenda Item # Special Use App ication AT &T Wireless Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVENUE, WITHIN THE "PI" PUBLIC / INSTITUTIONAL ZONING DISTRICT. SUMMARY OF REQUEST The applicant, AT &T wireless is requesting approval to place a cellular communications facility on property owned by the YMCA, located at 4300 SW 58th Ave. The facility will consist of a 75 foot high stealth tower disguised as a flagpole. An unmanned electrical equipment building will be constructed at the base of the tower. The tower and the electrical equipment building will be protected by an 8 foot high chain link fence. SITE ANALYSIS 1) The YMCA property is a 10.7 acre site located in the northeast section of the City. The property is used as a sports facility and activity center for children. The eastern portion (approximately 25 %) of the property is developed with an administrative building, basketball courts, a swimming pool, volleyball and racquetball courts. The western section of the property consists of a soccer field and undeveloped forest area. The property is accessed only through SW 58th Ave, a dead end street that is shared with the David Fairchild Elementary School. Special Use Approval 4300 SW 58`" Ave. July 24, 2001 Page 2 of 5 2) There are two existing zoning districts covering the property: the western portion is zoned "PR", Parks and Recreation; and the eastern developed section is zoned "PI ", Public Institutional Use District which permits churches, schools, government facilities and similar uses. A stealth telecommunications tower is permitted as a special use in the "Pl" zoning district. 3) The property is surrounded by the following zoning districts and existing uses: ZONING EXISTING USES North RU -1 (Miami -Dade County) Singles family residences Single family Residential East RU -1 (Miami -Dade County) Elementary school Single Family Residential South RU -1 (Miami -Dade County) Single family residences West RU -1 (Miami -Dade County) Single family residences RS -4 Single Family Residential Single family residences (City of South Miami) 4) The stealth facility is proposed to be located on that portion of the property zoned "PI ". The tower, which will be disguised as a flagpole and the electrical equipment room, replaces an existing racquetball court. The sitting of the facility is adjacent to the swimming pool, the playground, the volleyball court and the basketball courts. The 75 foot tall tower is located in a gully, which is approximately 10 feet below the level of nearby residential streets. In addition the tower is located 142 feet from the east property line and 103 feet from the north property line, which complies with the required setbacks. APPLICABLE REGULATIONS 1) The City's Land Development Code contains extensive regulations for siting of telecommunications tower and antennas. The proposal in this application is considered a stealth facility as defined in Section 20 -10.2 of the LDC: "Stealth Facility —Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include, but are not limited to, architecturally screened, roof - mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like light poles, power poles or trees" Special Use Approval 4300 SW 58`h Ave. July 24, 2001 Page 3 of 5 2) Section 20 -10.6 of the LDC provides that a stealth facility can be located in a "PI" zoning district if approved via a special use process. Specifically, subparagraph 1(b) states that "Stealth towers not exceeding 125 feet, shall be permitted as a principal or an accessory use pursuant to special use approval in the following zoning district " PI' , Public /Institutional. The approval process requires the affirmative vote of four City Commissioners, after receipt of a recommendation from the Planning Board. 3) The proposed facility is subject to requirements and minimum standards spelled out in Section 20 -10.4 which requires the submission of the following: a) A property owner's letter consenting to the installation; b) An affidavit stating that within one -half mile of the site there are no other structures which can accommodate the facility(collocation); c) An affidavit stating that there will be no interference with other wireless communications in the ,vicinity; d) An affidavit stating that the facility is designed to meet the current wind load criteria as set forth in the South Florida Building Code; e) An affidavit that the facility is compatible with the design of the existing structure. 4) In addition to the above, all special uses must comply with the conditions specified in LDC Section 20 -10.7 Procedure for Special Use, LDC Section 20- 3.4(A) requiring compatibility with the surrounding uses, and LDC Section 20 -5.8 requiring that the proposed use not adversely affect the health or safety of persons in the vicinity nor will it be detrimental to the public welfare or property in the area (LDC Sections attached). STAFF OBSERVATIONS 1) The maximum height limit of structures in the abutting RU -1 County zoning district is 2 stories; the height limit in the City's RS -4 zone is also 2 stories, 25 feet. The average height of trees in the vicinity of the tower facility is approximately 50 feet. 2) The applicant's original submission indicated that the height of the flagpole -tower to be 87 feet high. Staff was concerned that the height of the antenna was excessive and could not be screened from view by existing trees.. Staff was also concerned about the electrical equipment building with a barbed wire topped screen fence was located within a few feet of recreational facilities for children. These concerns were expressed to the applicant prior to the meeting. 3) In response to the concerns expressed the applicant submitted revised plans (dated 5- 22 -01) showing a reduction in the height of the pole to 75 feet and removal of the barb wire from the screen fencing around the electrical equipment building. It is important to note that the visible height of the flagpole will be 65 feet in that the pole will be located in a gully, which is 10 ft. below the ground level of nearby residential areas. Special Use Approval 4300 SLY 58`h Ave. July 24, 2001 Page 4 of 5 4) In addition the applicant, using the reduced pole height, has carried out a line -of -sight study from several locations in the surrounding residential neighborhoods. The results indicate that the flagpole will not be visible from most of these locations. The applicant has also presented a selected tree height survey showing that there are a number of tall trees (60 -80 feet) located between the flagpole and the residences which will significantly help to the screen the tower. The line -of -sight study and the special purpose survey showing tree heights are included (last 3 pages) in the revised plans accompanying this report. 5) The applicant has made a good effort to respond to the concerns of staff by reducing the height and the visibility of the flagpole tower. The impact of the facility on surrounding residential areas has been minimized and staff feels that the flagpole -tower "will blend into the surrounding environment as set forth in the definition of a stealth tower in the LDC. PLANNING BOARD RECOMMENDATION The Planning Board at its May 29, 2001' meeting recommended approval of the special use application. The motion to approve was made by Mr. Morton and seconded by Mr. Illas. The motion was adopted by a vote of 4 ayes (Mr. Alas, Mr. Mann; Mr. Morton and Ms. Gibson) and 3 nays (Mr. Liddy, Ms. Chimelis, and Mr. Comenderio). The Planning Board prefaced their recommendation by acknowledging the concerns of those members of the public attending the hearing to speak in opposition to the proposed tower. However, they stated that it was clear that the applicant had done everything possible to comply with the City's existing telecommunications regulations, and to reduce the height of the tower as much as possible in order to address the concerns of City staff and of the nearby residents. CITY COMMISSION ACTION The City Commission at its June 12, 2001 deferred action on the application. At that time City Commission members requested the following additional information from the applicant: the impact of telecommunication facilities on property values of surrounding residential areas; visualization of the proposed flagpole superimposed on existing photographs taken from abutting residential streets; an elevation showing the appearance of and landscaping for the proposed electrical equipment building. The Commission requested that the applicant provide further information and evidence that would help to determine the compatibility of the proposed telecommunications facility with the adjacent residential area. Special Use Approval 4300 SW 58'h Ave. July 24, 2001 Page 5 of 5 To date, the applicant is continuing to work on providing the additional information requested. The applicant is requesting a deferral Hof the public hearing until the August 7, 2001 Commission meeting, in order to complete the required additional studies (see attached letter requesting deferral). RECOMMENDATION It is recommended that the proposed special use to install a stealth communications facility at 4300 SW 5$rl' Ave., as shown on revised plans dated 5- 22 -01, be deferred until the August 7, 2001 City Commission meeting, in order to permit further studies to be completed by the applicant. Attachments: Letter from applicant requesting deferral until August 7, 2001 Draft resolution Application Letter of intent Reduction of height letter 5 -23 -01 Location map Affidavits (3) Copies of Public notices LDC Sections 20 -10.7, 20 -3.4; 20 -5.8 Citizen response letters (5) Planning Board Minutes 5 -29 -01 Project Plans dated 5 -22 -01 (site, survey, elevation) CS /RGL /SAY AR D: \Comm Items\2001\7 -24 -0 1 \Special Use ATT Wireless YMCA.doc 07/11/2001 16:05 3054460840 LQTTERMAN COMPANIES PAGE 02 LG .July 11, 2001 L O T T E R MA N REAL ESTATE SERVICES. INC. 2511 DE LEON BOULEVARD - SUITE 200 1 CORAI- GABLES, FLORIDA 33134 TELEPHONE (305) 446 -80021 FAX (305) 446- 0840'' CITY OF SOUTH MIAMI Planning and Zoning Department City Hall 6130 Sunset Drive South Miami, Florida 33143 Attn: Mr. Richard Lorber, Planning Director Re: Request for Deferral Public Hearing Application •- AT &T Wireless Services Subject Property: 4300 S.W.58"' Avenue Dear Mr. Lorber: Plan J U L i 1 LOO] As per our phone conversation this morning, AT &T Wireless Services would like to request a two week deferral for Public Hearing until the August 7, 2001 scheduled meeting. As part of the information requested by the City Commission at the June 12, 2001 Public Hearing, we are in the process of completing the property appraisal report. In an effort to obtain as much pertinent information, the report will compile various locations and has become quite complex in the data gathering portion and analysis portion. In addition to the report, several additional line of sight studies are currently being completed in an attempt to better satisfy the visibility issues within the surrounding neighborhood, I would like to thank you for staff's cooperation in this matter. Should you or your staff have any questions, please do not hesitate to contact me at your convenience. Resp ed, A d u to n Zoning Manager cc: AT &T Legal File 1 3 4 5 6 7 8 9 10 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 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO PLACE A STEALTH CELLULAR COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58" AVE., WITHIN THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT WHEREAS AT &T Wireless Service, on behalf of YMCA., property owners of 4300 S.W. 58th Ave. has submitted an application for a special use to allow a stealth cellular communications facility (flagpole) to be placed on property located at 4300 S.W. 58th Ave., within the "PI" Public / Institutional Zoning District; and WHEREAS, Section 20 -10.6 of the South Miami Land Development Code provides that a stealth communications facility is permitted in a " PI" , Public / Institutional Zoning District as an accessory use pursuant to a special use approval process ;and WHEREAS, a stealth communications facility is subject to requirements and minimum standards specified in Land Development Code Section 20 -10.4 in addition to compliance with conditions set forth in Land Development Code Sections 20- 3.4(A) and 20 -5.8, applicable to all special use approvals; 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, The Planning and Zoning Department staff recommended approval of the proposed special use; and WHEREAS, on May 29, 2001, the Planning Board voted 4 -3 to recommend approval 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 l: That a special use approval is hereby granted for placement of a stealth communications facility (flagpole) on property located at 4300 S.W. 58th Ave., as shown on the revised plans dated 5- 22 -01, is hereby approved. d - 1 2 3 4 5 6 7 8 10 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 42 43 44 45 Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2001 APPROVED: MAYOR DAComm Items\200 1 \6-12-0 1 \Special Use Resol ATT Wireless.doc AN OM City of South Miami -- •- Plann>ing &Zoning Deparlwent -- • City Hall, 6130 Sunset Dime, South Miami, Florida 33143 Telephone: (305) 663 -6326 ' Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City. C §mml1Mbn •' .... Address of Subject Property: Lot(s) Block Subdivision : • • • • • • PB _ .. • Meets. &Bounds: Ste '+P4���,K A '•� Applicant: AT &T Wireless Services Phone: (561)• -. • • • • �•, Representative: Lottermari Real Estate Services Organization: : �: Address: 2511 Ponce DE Leong Bl1vd . Phone: 305 - 6 -8002 % , • , . , i , , , , , Property Owner: Young Mens Christian AssociatIon Signature: .. of-Greater Miami - ....i Mailing Address: 1320 S. Dixie Hwy'. Suite 120 Phone: -6 -3 3 Architect/Engineer: Arden Architectural Group, InePhone: 305 --648 -0032 THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: AS Y r 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 i Letter of intent Comprehensive Plan Special Use _ Justifications for change _ PUD Approval Rezoning _ Statement of hardship _ PUD Major Change ./, *Special Exception Proof of ownership or letter from owner _ Power of attorney _Other Briefly explain application and cite specific Code sections: _ Contract to purchase C4,1�,, r7o Current survey '42a W, 3 r A-7 "copies of Site Plan and C9!9`01 P� 1 reduced copy @ 8.5 "x11" - 20% Property owner signatures or affidavit Section: Subsection: Page #: Amended Date: f` Mailing labels (3 sets) and map` (/ �r_ Required Fee(s) The undersigned has read this completed a plication and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge and belief. f 1 + _O! ! s` C-6 Applicant's Signa title Date Upon receipt, application 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 ' 1 /10 /00 Re: Letter of Intent Public Hearing Application —AT&T Wireless Services Subject Property: 4300 S.W. 58th Avenue To whom it may concern: Lotterman Companies has been retained by AT &T Wireless Services to act as an authorized agent to process a public hearing seeking the favorable review and approval of a proposed telecommunications facility consisting of a stealth three sector section flagpole and adjacent unmanned electrical equipment building. The letter if intent is provided in conjunction with the submission of an application seeking the approval to construct a flagpole and accessory equipment located at 4300 S.W. 58t Avenue, South Miami, Florida where a YMCA facility currently operates. AT &T is a provider of wireless service, licensed by the FCC to provide "PCS" (Personal Communication Services) in the South Florida area, including the unincorporated area of Miami -Dade County, and elsewhere. Similar to other wireless mobile telecommunication services providers, AT &T `s telecommunications network is comprised of a number of unmanned facilities which serve as relay stations for the transmission of radio signals which makes wireless mobile telecommunications possible. The antennas must be placed at heights enabling the signals to be relayed without interference from surrounding structures. To obtain the needed height, the antennas are placed on rooftops where feasible, or on antenna support structures such as lattice towers or less obtrusive "monopoles ". L 0 T T E R M A N DEVELOPMENT CORPORATION CGC005807 4275 AURORA ST - SUITE "C & D" / CORAL GABLES, FLORIDA 33146 ; "; • • TELEPHONE (305) 446 -8002 / FAX (305) 446 -0840 • i . • • • • • • i i ) , • • , November 8, 2000 9 I , CITY OF SOUTH MIAMI Planning and Zoning Department City Hall I 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Intent Public Hearing Application —AT&T Wireless Services Subject Property: 4300 S.W. 58th Avenue To whom it may concern: Lotterman Companies has been retained by AT &T Wireless Services to act as an authorized agent to process a public hearing seeking the favorable review and approval of a proposed telecommunications facility consisting of a stealth three sector section flagpole and adjacent unmanned electrical equipment building. The letter if intent is provided in conjunction with the submission of an application seeking the approval to construct a flagpole and accessory equipment located at 4300 S.W. 58t Avenue, South Miami, Florida where a YMCA facility currently operates. AT &T is a provider of wireless service, licensed by the FCC to provide "PCS" (Personal Communication Services) in the South Florida area, including the unincorporated area of Miami -Dade County, and elsewhere. Similar to other wireless mobile telecommunication services providers, AT &T `s telecommunications network is comprised of a number of unmanned facilities which serve as relay stations for the transmission of radio signals which makes wireless mobile telecommunications possible. The antennas must be placed at heights enabling the signals to be relayed without interference from surrounding structures. To obtain the needed height, the antennas are placed on rooftops where feasible, or on antenna support structures such as lattice towers or less obtrusive "monopoles ". Letter of Intent AT &T Wireless Services November 8, 2000 Page Two a ,aaaaa • s a l T 1 • • • • sous. Due to present technology and the limited strength of these a radio signals, telecommunication facilities must be located at regular geographic i6tervals; inaaffiegt the "coverage" provided by a site is generally limited to less than orle (11 mile.." • T ne specific location at which a facility is needed as well as the heibt it- al whtcHa an antenna must be placed is dependant on geographic location cif existing relay facilities, land characteristics and manmade structures in the area, and volume of service expected or existing at a specific location. Generally, the "search ring" for a site is limited to a specific small geographic area where coverage has been determined necessary with very little leeway for placement of the site. Conversely, without a site at a location where one is determined necessary, coverage "gaps" will exist resulting in an interruption of service in those areas. For these reasons, sites are chosen only after careful analysis and testing by radio frequency engineers. The Specific Protect and Site: Based upon careful radio frequency engineering analysis of the coverage needs of the planned AT &T network in Miami -Dade County, it has been determined that an AT &T relay facility is needed at the location indicated above to provide adequate quality coverage for the AT &T network in this area. Accordingly, AT &T seeks to locate antennas on a new flagpole and install an accessory structure adjacent to the flagpole located at 4300 S.W. 58t" Avenue. As stated, the intended facility will be unmanned. A technician will visit the site approximately once a month to check the equipment. The facility will have no effect on traffic or roads; water use; sanitary sewer, nor will it create any solid waste. It will have no effect on any public services within the area. We therefore seek your favorable review and positive recommendation of this application. Should you need any additional information regarding this application, please do not hesitate to contact me at your convenience. SiIOU y, I st an Zoning Manager •aaaaa s' • s � � s s ..,.,. � 9 a • EXHIBIT `A' see • •• • 9040• 4 to Legal Description: The South % of the Southwest' /4 of the Northedst 74" of Spgt op 24, less the Easterly 25.0' for Southwest 58th Aypque, right -of- • • • !' • I way and the South '/2 of the Southeast % of the; Northwes:,M of • the Northeast % of Section 24, Township 54 Scutt; Range-40 East, Dade County, Florida. , , , , , . •' • • ; • ... i • a J ! mar <0 VA V r m uapT AT T South Florida AT &T wireless Services, inc. Wireless Network Services 460 NE 215 Street Miami. FL 33179 Date: May 23, 2001 To: City of South Miami Dept of Planniitg & Zoning Re: Cellular AT&T Antenna Facility Id. 4 M161, to be located at YMCA 4300 SW 58th Avenue. To whom it may concern: This letter is in response to your request for justification for the proposed height of the telecommunication flagpole proposed for the AT &T Wireless Services antenna . facility to be located at 4300 SW 58th Avenue. We are currently proposing a 75 feet stealth telecommunication flagpole for this facility. The reason it has to be this tall is for several reasons. First of all, the exact location in the property where the flagpole is proposed is approximately 10 feet below the average ground level in the surrounding area, so from the 75 feet the first 10 feet are meant mostly to makeup for the difference in ground bevels. Secondly the entire area to be covered by this facility contains very dense foliage. This heavy foliage causes a great amount of attenuation or degradation in RF signals. The only way we can compensate for this and still keep an acceptable transmission path between the antenna facility and the mobile phones being served is by having the antenna facility be above the surrounding trees. In addition the property at 4300 SW 58th Avenue where our facility is proposed contains a large number of tall trees which we estimate in the range from 50 to 70 feet. We feel that having this facility any lower would put our antennas-at the same height or too close to the trees in the property. This would in turn attenuate our signal and would significantly reduce the intended coverage area and may also cause the facility to provide poor signal quality. I hope that this information is responsive to your concerns. Please let me know if I can be of further service. Very truly yours, Felix Bravo RF Engineering AT &T Wireless Services 305- 999 -6685 pOD, Recycled Paper PB -01 =004 Cellular Communications Antenna Tower CD SW 4 TH N rn 0 = W 45TH ST ED CnCn r SW 46TH ST 00 cn � S D W 47TH I,i T BLUE RD TT= I I N 200 0 200 400 600 800 1000 Feet W E s South Florida Wireless Network Services Date: May 02, 2001 To: City of South Miami Dept of Planning & Zoning AT &T AT &T Wireless Services, Inc. 460 NE 215 Street Miami, FL 33179 Re: Cellular AT &T Antenna Facility Id. 4 M161, to be located at YMCA 4300 SW 58th Avenue. To whom it may concern: This letter responds to your request for information about the AT &T wireless antenna facility to be located at 4300 SW 58th Avenue and other potential alternative candidates where we could build this facility. For a long time AT &T Wireless Services has been trying to improve the cellular coverage in the area surrounding the main intersections of Bird Road and Red Road. After exhaustive search of the area we have not found any city owned towers or support structures that could accommodate our antenna facility within 1/2 mile of the proposed location. Also we have not found any non -city owned towers or support structures that could potentially accommodate our antenna facility within 1/2 mile of the proposed location. In addition we have not found any towers or structures within our proposed search area that could potentially meet our technical requirements. I hope that this information is responsive to your concerns. Please let me know if I can be of further service. Very truly yours, 1 kvx ��� Felix Bravo RF Engineering AT &T Wireless Services 305- 999 -6685 IOD �9 Recycled Paper Ora" 4? My CWVTk4m Owi9233 a E plm April 19. 2W5 k h�IV 6,/1 IP6�2 a �j %(i Y �rGva "_'�2 O'_X- L O T T E R M A N DEVELOPMENT CORPORATION cccooe 7 2511 PONCE DE LEON BOULEVARD - SUITE 200 / CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 446 -8002 / FAX (305) 446-0840 May 1, 2001 Mr. Richard Lober Director of Planning and Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Planning Bd. Application PB -01 -004 AT &T Wireless Services - YMCA Subject Property: 4300 S.W.,58t" Avenue Mr. Lorber: This letter is in reference to the requirements from the City of South Miami Municipal Code, Siting Regulations for Telecommunication Towers Section 20- 10.4(C)(7)(a). Under this requirement, the applicant must demonstrate that diligent efforts were made to install the facilities on City -owned telecommunication facilities located within a % mile radius of the proposed telecommunication tower site. In an effort to meet the above- mentioned criteria, efforts were made to locate potential City- owned sites in order to co- locate the facilities onto an existing tower. However, we have been unable to locate any City -owned towers or structures within the Y2 mile search ring that would accommodate our facilities and technical requirements. Unfortunately, due to the geographic location requirements, most of the surrounding properties are single - family residential developments. Therefore, our only potential candidates were the Public School and the YMCA (application) sites. Should you have any additional questions, please advise. Rest Ily to A o Bust ante Zoning Manager J� f-16"-' d-z' .►r' Cindy Orantes % My C�ission DD019M 6 Expires April 19, 2006 cc: File knn __ k6 t4"J l pd gd &I-ev-P AB /cm f y A14 &s h151-4 r-11r, wlw s �L�w r MI Gn-e _ F: \DOCS\Aldo \Letters\Zoning Submittal Project Letters \Back -up info- MI- 1 81(a).doc May 1, 2001 Mr. Richard Lober Director of Planning and Zoning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Planning Bd. Application PB -01 -004 AT &T Wireless Services YMCA Subject Property: 4300 S.W. 58th Avenue Mr. Lorber: This letter is in reference to the requirements from the City of South Miami Municipal Code, Siting Regulations for Telecommunication .Towers Section 20- 10.4(C)(7)(b). Under this requirement, the applicant must demonstrate that diligent efforts were made to install the facilities owned by private individuals within a Y mile radius of the proposed telecommunication tower site. In an effort to meet the above- mentioned criteria, efforts were made to locate the tower facility on the school property just west of the proposed site. The School had been approached as a potential candidate, but the school Principal declined to allow the facility on the school property at that time. Unfortunately, due to the geographic location requirements, all the surrounding properties are in an RU -1 zoning where such facilities are not allowed. Therefore, our only potential candidates were the Public School and the YMCA (application) sites. Should you have any additional questions, please advise. Resp y .. m' S44( q S-1464 ust mante Zoning Manager �.► Cindy orantes cc: File MY COMM43ion DW1= a Expires AM 19.2005 AB /cm �`t npwi -e /z is l \\ NTHOST \F \DOCS\Aldo \Letters\Zoning Submittal Project Letters \Back -up info- MI- 161.doc �'r/i7/G✓/1 TE � 20 -10.7 Procedure for special use. r Any of the permitted special uses in this Article may be approved and permitted by the City Commission at a public hearing, upon an affirmative vote of four of the Commissioners, after a recommendation by the Planning Board, provided that the use complies with the require- ments of this Article, Section 20- 3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use approvals," and any other requirements and conditions the City Commission may consider appropriate and necessary. 20 -3.4 Special use conditions Any of the following special uses may be approved and permitted by the city commission at a public hearing, after a recommendation by the planning board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20- 3.3E), and that such use complies with the following general and special requirements and any other conditions that the city commission may consider appropriate and necessary: (A) General Requirements. (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the city commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the city commission to determine the overall compatibility of the use with the surrounding neighborhood.. \ 20 -5.8 Special use approvals. (A) Use Schedule Reference. A special use may be granted for any use indicated in the Permitted Use Schedule (Section 20 -3.4E) with an "S designation in the appropriate districtcolumn. (B) Required Conditions. (1) Prior to approving a special use, the city commission shall find that such use meets the conditional requirements set forth in Section 20 -3.4 and that it: (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. (2) Additional Conditions. The city commission, may designate such additional conditions in connection with special use as will, in its opinion, assure that such use will conform to the foregoing requirements. (C) Expiration of Special Use Approvals. An approved special use shall Iapse after six (6) months if no building permit or certificate of occupancy has been issued for such use and if the city commission has not specified a longer approval period for good cause. (D) Extension of Special Use Approvals. Four (4) affirmative votes of the city commission may grant an extension for a previously approved special use if a proper and timely request is made by the applicant prior to the expiration of the approval period. (E) Special Use Reapplication. No reapplication for a special use shall be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a special use involving the same or substantially the same property, unless evidence is submitted to and accepted by the city commission which justifies such reconsideration. City of South Miami 4/30/01 Planning & Zoning Dept. 6130 Sunset Drive South Miami, FL. 33143 To all those concern / Involved, I am in receipt of your letter in reference to; ITEM: PB -01 -004 Applicant AT &T Wireless Service I strongly oppose the request for Approval, Construction, & or Use of the YMCA site, Located @ 4300 SW 58th Street. Construction of such a tower is horrifying An antenna tower will only decrease the value of the properties that make up this beautiful area, "It could only be considered An Eye Sore." Let's keep residential areas positive and homey. "Not Commercial" Give our families and children opportunity to remember their neighbor with blue skies, birds, & palm trees, not a Cellular Communications Antenna Tower. Quite a difference in your minds eye! I reiterate, I am in complete opposition of approval of the "special use" in regards to the location mentioned above. Please make record of this opposition. Respectfully, aq City of South Miami Planning & Zoning Dept. 6130 Suaset Drive South Miami, Fl 33143 To: Mr. Richard Lorber Director of Planning City Of South Miami Ref: Item: PB-01 -004 Applicant: AT &T Wireless Service Antenna. Dear Mr. Lorber and all other members of the Planning & Zoning Department: May this letter serve as a notification to all the members and parties involved in the street, OPPOSE to this project. Project of building an SU' feet tali an at YMCA site located 4300 SW 58th Not only this antenna will decrease the value of our properties, but is also a harmful Weapon to our children in our neighborhood. This is a residential neighbor hood, not a commercial. Please find names and address of all the persons oppose. We trust that our Opinions count. We believe we must keep our neighbor as healthyu can be. Name: J �c.� -�s._. Address: % -&\so so 61 � n)eAA)-e. Name: Address: , Name. Na _ a Address: �i S ti 57—w N e o Address. y T`��A 7jfS Na Address: S 1 Name; 5 Ott/'. y f3 NNaanmi 4ei : ES oQ r, Address:.5 .41335 3 J w el! Nam Address: 5fle . 4 " 3 3 � S 33 lAddress: S q,, 5QJLI Z-'<;A" Ziei ' s f awelf Address; sF/ a S ttr oZ S'� Name Address: S'9/ -- "- AF o f �3• J` Name: .S`�u.a Fiume: 8� -C- Address: 59M � 4.ZSI . MiQrn; �7L_ 33155 Qttds Address: 75W Name �A)A Address:�5 c/ Name: ��} ��. Address. Name:.. �N �GuL�a- Name: «i'�t�a -� Address: S o(P he Vey Address: �� �� �. - w'° J � _�_. Martha S. Cruz 5801 S W. 42 Terrace Miami, Florida 33155 City Of South Miami _ Planning & Zoning Dept. 6130 Sunset Drive South Miami, F133143 To: Mr. Richard Lorber Director of Planning City of South Miami Ref: ITEM: PB -01 -004 Applicant AT &T Wireless Service Antenna. .Dear Mr. Lorber and all other members of the Planning& Zoning Department: It has a been quite a disappointed to learn that the City of South Miami, my beautiful neighborhood where I have existed for the last 23 years, raised my two children, enjoying the growth of my5 year old niece, listening the dozens of children playing around my block is considering the project by AT&T to build a 80' feet antenna. Directors, not only this project will definitely disvalue the properties in South Miami, But your residents main concern is the "HEALTH" of our children have you consider That 'the "Hazardous" to our little minds who are learning in our elementary school of South Miami? How about the Electrical site, don't you think this is a Fatal site, for our Children? Children are curious, they can enter a fence in a matter of seconds, and what would it take far a child to be harm one of our precious ones.... A high of 80' feet is not one that you can avoid seen. I do not see one installed in the city of Coral Gable, da you ?? I do not see one installed in the city of-West Miami, do you? I am strongly opposed to this project and I hope that our members in the City Of South Miami votes against it. I intent to have every neighbor signed a letter I believe that our opinions are value and These must be considered. i :reCg a s'Ma truz V City of South Miami MAY 2 9 2CCl Planning & Zoning Dept. 6130 Sunset Drive South Miami, FI 3314' Honorable Members of the Board have received your letter in referPf1ce to Item: PB -01 -004 Applicant: AT & AT Wireless. vigorously oppose the request for approval, construction, and or use of the YMCA site at 4300 SW J8 Street. Such a device while monetarily beneficent to the YMCA adds nothing to the value to the neighborhood properties and indeed would be an eye sore distraction, lowering property values regardless of how carnouflaged. Also to allow these high power electromagnet impulses to bombard the tender brains and bodies of the children in the adjacent elementary school without a study of reasonable length and depth seems to me to be unconscionable. In as much as there appears in the news media from time to time not only the effect of handheld cell phones but - broadcast stations, as well it; would seem prudent to men; err in the direction of safety. therefore concur with the Honorable Board members that the request from AT &T be denied. Ralph Sevelius 5800 SW 42nd Terr. & 5802 SW 44nd Terr. Miami, FI 33155 Elmer A. Sevelius 5790 Sw 42nd Terr_, Miami, FI 33155 Associated Press avoid the hazard," said Ange- there is no scientific evidence los, who is perhaps best known that their product poses any BALTIMORE — A lawyer as the owner of the Baltimore health risks. They cite two known for suing the tobacco Orioles. "And if we get that far, studies published last Decem- and asbestos industries is now ; at least the public knows that - ber that found no evidence of going after cellphone compa- the potential hazard exists, and increased incidence of brain nies, alleging in new lawsuits they know a way to avoid that tumors in people who use cell- that they have known about potential." phones. health risks for users of the The suits claim there are "There is absolutely no Phones but failed to warn them. ' links between cellphone use credible evidence of any health Peter Angelos filed class -ac- and a host of health problems, risks associated with the use of tion lawsuits Thursday in including damage to basic brain wireless phones," said Norman Maryland and three other function. Two Baltimore -area Sandler, director of global stra- states. The suits seek to force residents named as plaintiffs in tegic issues at Motorola. the wireless industry to cover the Maryland case don't claim Nonetheless, such claims the cost of headsets that Ange- any health problems caused by have been raised in previous los says would protect users cellphones but want the com- lawsuits across the country — from possible radiation haz- panies to pay for headsets as a including some others in which ands. preventive measure. Angelos' firm is involved. Fed - , "Use the earpiece, and you Cellphone makers insist eral agencies are studying the ITALY .� _...._., ,VATICAN RADIO. WILL MOVE TRANSMITTER ROME: — .Vatican Radio said Friday it will move one of its main transmitters•out of Italy to resolve a dispute over the health effects of its radio waves. On Friday night, the Vati- can and the Italian govern- ment announced a compro- mise to end the dispute, which at one point saw, Italy's envi- ronment minister threaten to pull the plug on the broad- caster. Vatican Radio broadcasts Pope John Paul II's words around the world. It had been under pressure to reduce electromagnetic emissions because people living near the transmission facility believe thev arP a issue but have not ruled on cep phone safety. Angelos wants the new la-, suits certified as class actio which could bring all currei and future cellphone use; under their umbrella. In add tion to asking the companies t provide headsets — which se for $20 to $100 apiece — tl lawsuits also seek unspecific punitive damages. Companies named in Angt los' lawsuits include Motorol. Ericsson, Sprint PCS. Nexte AT &T and Verizon. In additio to Baltimore, the suits wer filed in courts in Pennsy, vania, New York and New T- sey. GAO Cellphone ..- data inconclusive More research needed on health risk BY KALPANA SRINIVASAN Associated Press WASHINGTON — Research to date cannot assure that the mobile phones used by more than 115 million Americans pose no health risk, con- gressional investigators say, provok- ing fresh calls for efforts to better inform consumers. A report by the General Account - ing Office released Tuesday relied on the work of major health agencies and interviews with prominent scientists to reach this consensus: Current research doesn't show that the radio waves emitted by cellphones have adverse health effects, but "there is not yet enough information to con - clude that they pose no risk." That's partly because most research on radio frequency energy has focused on short-term exposure of the entire body, the report said. There are long -term studies currently under AY r1Lc VARIABLES: The type of equipment used or a small change in the position of the phone can affect test results. way, but "it will likely be many more years before a definitive conclusion can be reached -on whether mobile phone emissions pose any risk to / PLEASE SEE CELLPHONES, 3C South Miami Planning Board Richard Lorber City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Planning Board, This letter is in regard to the proposed cellular communications facility on property owned by the YMCA, located at 4300 SW 58 Avenue. Based upon a review of the revised application, showing an antenna approximately 65 feet above the ground surface of surrounding neighborhoods and effectively shielded from view by trees; SMHA, on behalf of several area residents, has no objection to the proposed antenna. We are confident that other issues concerning the antenna are being adequately addressed by the city's Planning and Zoning Department. Sincerely, Jay F. Beckman Director SMHA, P.O. Box 432756, South Miami; FL; -33 143 x„rzGfq ~� -acquel ne Stess 6020 SW 45th Street Miami, Florida. 33155 City of South Miami 4/30/01 Planning & Zoning Dept. 6130 Sunset Drive South Miami, FL. 33143 To all those concern / Involved, I am in receipt of your letter in reference to; ITEM PB -01 -004 Applicant AT &T Wireless Service I strongly oppose the request for Approval, Construction, & or Use of the YMCA site, Located @ 4300 SW 58th Street. Construction of such a tower is horrifying . An antenna tower will only decrease the value of the properties that make up this beautiful area, "It could only be considered An Eye Sore. Let's keep residential areas positive and homey. "Not Commercial" Give our families and children opportunity to remember their neighbor with blue skies, birds, & palm trees, not a Cellular Communications Antenna Tower. Quite a difference in your minds eye! I reiterate, I am in complete opposition of approval of the "special use" in regards to the location mentioned above. Please make record of this opposition. Respectfully, - d v CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 29, 2001 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. IL Roll Call. Action: Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Chimelis, Mr. Juan Comendeiro, Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Special Notice Before opening the public hearing, Mr. Morton announced that the applicant of Shoal Creek Properties L.L.C., for a proposed rental apartment building at the northeast corner of SW 701h Street and S W 61St Avenue, had requested a deferral of the item until a revised application could be submitted. Staff announced that this item is being tentatively scheduled for the Planning Board meeting of July I otn, 2001. Proper publication of such notice will take place prior to the meeting date. IV. Public Hearing (A) PB -01 -004 Applicant: AT &T Wireless Services Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58" AVE., WITHIN THE "PI ". PUBLIC / INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, due to the above concerns, staff had recommonded denial of the request. The revised plans submitted by the applicant dhow a,reductioii in the height of the pole to 75 feet, also sho�,ing ;removal of the barbed wixe born` °the screen fencing around the electrical equipment „buifding...,In addition,:the applicant has carried out a line -of -sight study from several locations in the surrounding residential neighborhoods. The results indicate that the ftpolo`witl not be visible from most of these locations. The applicant is also proposing to plant heavy vegetation with 12 feet high trees which is in addition to the existing 60 -80 feet high trees between the flagpole and the residences, which will contribute to significantly screen the tower. Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman ( Lotterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal. , The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for a five - minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42nd Terrace Martha Cruz, 5801 SW 42nd Terrace Manuel Lopez, 5990 SW 44th Terrace Speaker: (for YMCA) Mark Thompson 2 (Revised) NOTE: New wording underlined Planning Board Meeting May 29, 2001 conceal the tower; health threat on the long run; electrical facility installed too close to YMCA children's playground. The Board requested from the staff that for future applications of this nature, a site plan of the general area showing existing tower locations be included in the package, together with any possible sites where these telecommunication towers may be installed and the reasons why the requests were rejected. First Motion: Mr. Comendeiro moved approval of the request, Ms. Gibson seconded the motion. Mr. Mann wanted to add to the motion the clarification that although the residents in the area are opposed to the proposed project, it is important to indicate that AT &T, within the framework of the regulations, has apparently made efforts to work with the community. Action: Mr. Comendeiro moved to withdraw his motion to approve. Second Motion: Mr. Morton moved approval of the request as presented, and shown on the revised plans dated 5- 22 -01. Mr. Illas seconded the motion. Vote: Approved 4 (Mann, Illas, Morton, Gibson) Opposed 3 (Liddy, Chimelis, Comendeiro) The Board was informed that the City Commission will consider this request at its next meeting, June 12, 2001 Ms. Chimelis requested that a member of the Board attend the City Commission meeting of June 12, 2001. (B) PB -01 -009 Applicant: Michael Lopez Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE - PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL (HOMETOWN DISTRICT - OVERLAY ZONE) USE DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff recommended approval of the request to amend the Land Development Code's Permitted Use Schedule and the Hometown District to allow tanning studios as a permitted use in the SR and Hometown zoning districts. Applicant: Michael Lopez 3 Planning Board Meeting May 29, 2001 The Board, staff and representative briefly discussed the request. There were no speakers at the public hearing. Motion: Mr. Illas moved for approval and Mr. Mann seconded the motion. Vote: Approved 7 Opposed 0 (C) PB -01 -007 Applicant : Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH' MUST` BE MAINTAINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Mann read the request into the record and staff presented the proposed amendments. Speaker: Mauricio Farinelli, restaurant owner. The Board and staff discussed the request which centered on providing additional requirements to LDC regulations governing Outdoor Seating. The staff report contained two alternative ordinances which provided' for unobstructed sidewalk passage area. The Planning Board alternative (B) the five (5) feet unobstructed passage allowing only one row of seating against the building. The Planning Department was recommending alternative (A) amending the current regulations to require five (5) feet of unobstructed passage for a single row of seating and six (6) feet of sidewalk between two (2) rows of seating. During discussion, Board members expressed concern that other regulations governing outdoor seating needed to be more specific. and several amendments were proposed. Staff pointed out that all of the amendments will be made to both sections of LDC which contained regulations on outdoor seating / dinning, those being Section 20- 3.3(E) and Section 20 -7.29. Motion: Mr. Comendeiro moved to approve the following amendments to Section 20- 3.3(E) and Section 20 -7.29, pertaining to outdoor seating / dinning: (1) that seating be on one side of the sidewalk abutting the building, with a minimum of five (5) feet of sidewalk unobstructed for pedestrian passage; (2) maximum number of outdoor seats shall not 4 Planning Board Meeting May 29, 2001 . exceed 80% of indoor seating; (3) table umbrellas should have a minimum clearance height of seven (7) feet above the sidewalk; (4) the extension of outdoor seating shall be limited to the frontage of only one adjacent storefront; (5) the written consent provided by property owners in front of whose properties outdoor seating / dining service occurs shall include an insurance policy naming the City as co- insured and a hold harmless clause in favor of the City. Mr. Morton seconded the motion. Vote: Approved 5 (Liddy), Illas, Chimelis, Gibson, Comendeiro) Opposed 2 (Mann, Morton) V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of April 24, 2001. Vote: Approved 7 Opposed 0 VI. Discussion Items The Board and staff discussed the following but was not limited to: (1) the importance of a member attending the next City Commission meeting in order to convey the views of the Board to the Commission on the requests presented at this meeting. (2) staff also stressed the importance of having quorum for the next Planning Board meeting scheduled for July 10, 2001 which is the only meeting taking place in July. Ms. Chimelis and Mr. Mann informed that they will not be able to attend. Mr. Illas was uncertain whether he could attend. (3) they discussed the possibility of amending the code in the future in order to change the number of members from five to four to . constitute a quorum. Also, they discussed the possibility of providing for a special meeting. (4) Mr. Mann made reference to some neighbors who have approached him with the complaint that they are being cited for garbage protruding into the street; they claim the garbage is not theirs and it is just being dumped in front of their property. Also, Mr. Mann referred to a new residence which it has recently been finished and which resembles a "football stadium" when is lit up at night and wanted to know of any code restrictions on external lighting. Staff clarified that the above complaints should be directed to the Public Works and /or the Code Enforcement Departments for proper handling. VIL Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:37 PM. K: \PB \PB Minutes�2001 MinutesWINS 05-29- 01.doc 5 --------- ----- This drawing and the design it covers are the property of ARCADIS GERAGHTY & MILLER. They are merely loaned and on the borrower's express agreement that they will not be reproduced, copied, loaned, exhibited, or used except in the limited way and private use permitted by any written consent given by the lender to the borrower. 4 0 41 0 tn A A A ao 0 5- T T T T z 0 V. 0 0 -4 0 0 4 W K) W M G. 9 z z z M 0 0 0 q -4 q 0 M M a 0 0 Ch -U M "a V r M -n (a M -n 0 to (1) > 0 r- 0 :C C-' z M z M M T T M M In v CO z I --I -i z 0 M 0 0I Z Z! Cn (n U) 21 1> IN V) ,o L4 0 > 0 0 L4 Q > > < U) NMI im 00 fna?M L M Ln a) MAC)- % X", -4 0 Ors MO-,Z(A go 0 (A S.W. 58TH AVE. m Nc. 0 0 z Ln 0 0 zvv- d c In CT (A zgrno milmS rn ..�, rn 71 OAM M. z M -57TL 57TH AVE./RED RD. z C)E;;o z 0 z Z (n 0 MO j!zgy m 1; ID- U) "F- M 41L. 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N �� _ vZOv N I m F r� 5 L O_ O 1�' A w N Y _•1 z Z N�brn ...w C Z C wZ o m V'rn n - of •_ mZ SO O O .71--1 ap C N �O AM11Aggg � -, rn � g w Q' OWN � . z 8 H A � rn nu 'A This drawing and the design it covers are the property of ARCADIS GERAGWY & MILLER. They ore merely loaned and on the borrower's express agreement that they will not be reproduced, copied, loaned, exhibited, or used except in the limited way and private use permitted by any written consent given by the tender to the borrower. M u) Z do wow z CA M V C) ]14 z 10 -i FRI fN 0 rn 0 L4 0 0 0 z oS rn Fn 0)0 > 03 > —I M M x U (A III ;0 21-- C O C C c 01 0 0 Q z ? z Z Z C) 0 o fA 19, .-t- I t. O oS rn Fn M M . b 4' I —I M M x g. X X X > C O C C c 01 0 0 Q z ? z Z Z C) 0 o fA 19, .-t- I t. 4 4 ID O 0 O 0 0 M Ln 5 M 200 1 4 M Ln M ;0 1+ 4 X 00 (Ij (-n M x ;CU: � i 41 Z: 4 O tl 4 M M b 4' I —I M M x 12" MIN. X X X > ;0 21-- -0 r— M r- rri C) o — _0 -0 z 0 --I C) N M I V) LIF) r7i jo I 6' C CD M <Z 4 P C) CO 4. s 4 4 A 4 4 ID O 0 O 0 0 M Ln 5 M 200 1 4 M Ln M ;0 1+ 4 X 00 (Ij (-n M x ;CU: � i 41 Z: Vj Xi *4 ��� SIR as r> C)¢d z I a I El X m bfa. A M C-) M --j T Z 0 z 0 0 rn r- ;a rn i zz 4 O tl 4 M M b 4' I 12" MIN. > ;0 21-- O r— M r- rri LA z 0 --I C) N --I I V) LIF) r7i jo I 6' C CD M <Z P C) CO 73- Vj Xi *4 ��� SIR as r> C)¢d z I a I El X m bfa. A M C-) M --j T Z 0 z 0 0 rn r- ;a rn i zz 9� Cv 6' MIN. 12" MIN. O This drawing and the design it covers ore the property of ARCADIS GERAGHTY & MILLER. They ore merely loaned and on the borrower's express agreement that they will not be reproduced, copied, loaned, exhibited, or used except in the limited way and private use permitted by any written consent given by the lender to the borrower. e5o C': o z 5 ;a SI CrL z Z CO C, C) INZ z C, C) CD O C) C� rn a to 0 M z :E M< C� Q z 0 < 0 Z4 2 C=) ° U) to d > A C) z rn M Z MI 0 C) M z ri z 0 0 C 8) 8 C= 1+ 0 V) 'a 2 :0 rn L4 0 �n cy) 0 DO 03 > A 0? T. r r r r (A o wm P O N 0- II 11 C) C) 0 Zt C) Z Ln M CA ■ C: 1 rl Ot z M ?V, I I C:- Q -n 0 J — z C, C> U) 0 C) Z C) W C7 M rn • 0 M PO 0 a O rn C) 2'j m it 0 C, zn z° r — 0 ;a r) Ln M O c: O H: V En 0 Zt Ln M CA r M CAI C9 ull 4�1 oA Cn M N —1 C r S F C r- z C) 4*- (C rn M N) 1+ 0 z 14 NJ GI\ Survw y\ WSCSury eyS \Bectel\Ht161 \161SItwB.dwg 03 /18/81 04,17.56 PH EDT This drawing and the design it covers are the property of ARCADIS GERAGHTY k MILLER. They are merely loaned and on the borrowers ex not be reproduced, copied, looped, exhibited, or used except in the limited way and private use permitted by any written consent given by I t x __ x _ agreement that they will .nder to the borrower. UI V ;. n r� f n n r jZ m° m m Cl) a t� W12- X �R 0 Cal oo -- "' °� SW 58TH AVENUE RO f1 Q IE, N A A cn I� C Ss�it��77°t�888it7 i38�88� till WT`q OOI^PT'°�i R res >P,��'w iiM P�F ( qq9 HARIA1 0 N a g IQ6 , N rri X M D X N0aab0)�(4 }86301 %.0 ((� r /J Fn r�ri agreement that they will .nder to the borrower. UI V ;. n r� f n n r jZ m° m m Cl) a t� W12- X �R 0 Cal oo -- "' °� SW 58TH AVENUE RO f1 Q IE, N A A cn I� C Ss�it��77°t�888it7 i38�88� till BEtEtD PLAT OF L fi Pur'BDM 3S PAGAE T1 tirwA SOOro2'12'w 342.44' �a 1 O W m a ��N p Q I S� m H I I 9 E1i I 341.58' SW 58TH AVBNUB � t - 1 Q�2 POW ZIP AhHm > N n �y. ir IIIW j' f rl�jrJl .' 15 )L /r - ni \� 86V I 511 :k I g �g lie, >E 40� g� Ix X14, soil X ix II X WT`q OOI^PT'°�i R res >P,��'w iiM P�F ( qq9 HARIA1 0 N a g IQ6 , N rri X M D X N0aab0)�(4 }86301 %.0 BEtEtD PLAT OF L fi Pur'BDM 3S PAGAE T1 tirwA SOOro2'12'w 342.44' �a 1 O W m a ��N p Q I S� m H I I 9 E1i I 341.58' SW 58TH AVBNUB � t - 1 Q�2 POW ZIP AhHm > N n �y. ir IIIW j' f rl�jrJl .' 15 )L /r - ni \� 86V I 511 :k I g �g lie, >E 40� g� Ix X14, soil X ix II X r r ► r r South Miami F i o r i d a 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr City Manager REQUEST MEMORANDUM Date: July 20, 2001 Re: Agenda Item 4 Engage Independent Auditor to perform interim mid year audit before the final approval of next year's budget. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT YEAR'S BUDGET; DIRECTING THE CITY MANAGER TO ENGAGE THE INDEPENDENT AUDITOR THAT CONDUCTED THE LAST CITY AUDIT TO PERFORM AN INTERIM MID YEAR AUDIT BEFORE THE FINAL APPROVAL OF NEXT YEAR'S BUDGET; PROVIDING FOR EXPENDITURE FROM ACCOUNT NO. 01-1100 - 51,1 -3210 ENTITLED "AUDITOR'S FEE "; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Feliu and Commissioner Bethel directs the City Manager to engage the independent auditor that conducted the last City audit to perform an interim mid year audit before the final approval of next year's budget. RECOMMENDATION Approval is recommended. OVULAR LVIAM"LI F 1 o r 1 d a 2001 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 CURRENT YEAR'S BUDGET; DIRECTING THE CITY 6 MANAGER TO ENGAGE THE INDEPENDENT AUDITOR 7 THAT CONDUCTED THE LAST CITY AUDIT TO PERFORM 8 AN INTERIM MID YEAR AUDIT BEFORE THE FINAL 9 APPROVAL OF NEXT YEAR'S BUDGET; PROVIDING FOR 10 EXPENDITURE FROM ACCOUNT NO. 01- 1100 -511 -3210 11 ENTITLED "AUDITOR'S FEE PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, in recent weeks the Miami Herald had several stories in the 15 newspaper about the financial problems in City of Homestead that arose from use 16 of cash to balance the operating budget, and transfer of funds from special 17 accounts to general fund for operating purposes, among other financial 18 transactions; and 19 20 WHEREAS, the use of cash to balance the budget in any given fiscal year 21 is a nonrecurring revenue that may lead to deficit spending in the following fiscal 22 year once the cash is used and 23 24 WHEREAS, in the last three years, the City of South Miami has relied on 25 use of cash to balance its general fund budget, and the current year's budget 26 includes several revenue sources that will no longer be available for use in the next 27 fiscal year general fund budget. 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. The City Manager is hereby directed to engage the 33 independent auditor that conducted the last City audit to perform an interim mid 34 year audit before the final approval of the next year's budget. 35 36 Section 2. Expenditure from account no. 01- 1100 -511 -3210 entitled 37 "Auditor's Fee." 38 39 Section 3. The interim audit shall be performed with the specific 40 purpose of determining the following: 41 a) reasonableness of the current year's revenue projections Additions shown by underlining and deletions shown by everstriking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 b) nonrecurring revenues in the current year's budget as to their impacts on next year's budget c) review of the City cash position as prepared by the Finance Department d) current leases that will affect next year's budget e) any other matter that may adversely affect the City finances in the future Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 12001. Page 2 of 2 U MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: soU7T N V ""r • INCORPORATED 1927 l R1 South Miami F 1 o r it d a 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City. Commission From: Charles Scurr City Manager REQUEST MEMORANDUM Date: July 20, 2001 Re: Agenda Item 11 Current and next fiscal year budgets - hiring freeze A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF NEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Feliu and Commissioner Wiscombe directs the City Manager to freeze hiring of new employees until the City revenue conditions improve significantly. The City Manager has informed the City Commission of potential shortfall in the City's revenue due to reduction in property assessment for the Shops At Sunset Place. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 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 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF NEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager recently informed the City Commission of the potential shortfall in our revenue due to reduction in property assessment for the Shops At Sunset Place; and WHEREAS, the City is using $600,000.00 from its cash reserve to balance the current fiscal year's budget; and WHEREAS, the City Commission wants to be proactive in terms of budget deficits by minimizing the actual amount of cash reserve used by the City in the current and next fiscal years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby directed to freeze hiring of new employees in the current and next fiscal years, or until the City revenue conditions improve significantly. Section 2. The City Manager is hereby directed not to hire any new employees without the proper authorization of the City Commission. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by eveFstr- iking. Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager Request: Date: July 24, 2001 Re: Agenda Item In Initiation of LDC Amendment Car Wash Zoning Regulations A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE RELATED TO CAR WASH ZONING REGULATIONS, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City's Land Development Code currently has regulations addressing "Mobile Car Wash Services." However, it has come to the Planning Department's attention that several different requests for licenses for car wash enterprises have been inquired about, and that the current regulations do not address the various types of car wash businesses that are either occurring or being proposed. The Administration proposes an amendment to the text of the City of South Miami Land Development Code, which will create specific definitions for the different type of car wash enterprises, and place the appropriate restrictions and requirements on each type of car wash activity. The attached resolution would initiate the process, and direct staff to prepare a draft ordinance for review by the Planning Board and the City Commission. RECOMMENDATION Approve the Resolution. Attachments: Resolution Current LDC car wash regulations k CS /RGL K: \Comm Items\2001 \7 -24 -01 \Car wash LDC initiation report.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE RELATED TO CAR WASH ZONING REGULATIONS, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Mobile Car Wash Services," and WHEREAS, it has come to the Planning Department's attention that several different requests for licenses for car wash enterprises have been inquired about, and that the current regulations do not address the various types of car wash businesses that are either occurring or being proposed, and WHEREAS, the Administration proposes an amendment to the text of the City of South Miami Land Development Code, which will create specific definitions for the different type of car wash enterprises, and place the appropriate restrictions and requirements on each type of car wash activity; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A draft ordinance, amending the Land Development Code of the City of South Miami, addressing definitions for the different type of car wash enterprises, and the appropriate restrictions and requirements for each type of car wash activity, shall be prepared by City staff and brought forward to the Planning Board and to the City Commission for review and consideration. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24' day of July, 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice -Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Mobile automobile wash /wax service. Shall mean a motorized vehicle equipped to provide a self- contained facility for washing, waxing, and otherwise cleaning or "detailing" automobiles. (20) MOBILE AUTOMOBILE WASH /WAX SERVICE (a) No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of- way. (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No mobile service vendor shall remain in any site longer than sixty (60) minutes. (d) Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida. (e) No steam - cleaning, solvents, detergents and /or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 Mobile Automobile S S S S S S S S N/ Wash/Wax Service 20 A (20) MOBILE AUTOMOBILE WASH /WAX SERVICE (a) No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of- way. (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No mobile service vendor shall remain in any site longer than sixty (60) minutes. (d) Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida. (e) No steam - cleaning, solvents, detergents and /or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. S T U • INcORPORA7ED 1927 �LOR1� Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager Date: July 24, 2001 Re: Agenda Item 19 Initiation of LDC Amendment Technical Corrections: TODD; Permitted Use Schedule Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE PROVIDING FOR TECHNICAL CORRECTIONS TO TODD ZONING DISTRICT AND THE PERMITTED USE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND &ANALYSIS In 1997 the City adopted an amendment Section 20 -8 of the Land development Code which established a new zoning district entitled TODD, Transit Oriented Development District The TODD also replaced the `I', Industrial zoning district. A section of new regulations contains a description of the commercial uses which would be allowed within the TODD and a reference to 13 light industrial type uses which would not be allowed. Unfortunately the legislation adopted at that time did not provide that these uses could continue to be located in the new industrial zone, now called the TODD- (LI -4). This oversight has effectively eliminated a number of light industrial uses from locating in any zoning district within the City. Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however the schedule shows that they can not be located in any zoning district. Automobile rental agency Automobile repair and body shop Automobile upholstery and top shop Automobile washing /detailing operations Billiard parlor Carpet cleaning service Lawn maintenance services Radio and television repair shop Re- upholstery and furniture repair services Taxidermist Pest control services Used merchandise Store: vehicle parts Contractor plant and storage It is important to note that all of the above uses prior to the 1997 TODD ordinance were previously listed as permitted uses in the same industrial area. In addition some of these uses are currently existing, l LDC Amendment Permitted Use Schedule July 24,2001 Page 2 which has resulted in a severe hardship for property owners and business owners who want to expand, renovate or renew their licenses and certificates of use. The Planning and Zoning Department discovered this technical error last year while updating the format of the Permitted Use Schedule. A subcommittee of the City's Zoning Task Force has recognized this problem and has preliminarily recommended re- instatement of the 13 uses into the TODD industrial zoning district. It was felt that this situation would be corrected as part of the final product (revised LDC), of the Zoning Task Force, however, that product may require several more months before it reaches the ordinance adoption stage. Based upon the hardships involved and the fact that this is a technical correction, it is recommended that the LDC be amended at this time by the initiation of an ordinance specifically amending this section and the Permitted Use Schedule. The attached resolution would initiate the process, and direct staff to prepare a draft ordinance for review by the Planning Board and the City Commission. RECOMMENDATION Approve the Resolution. Attachments: Draft Resolution LDC Sections 20-8.5.6, & . 7 f CS /SB /SAY D: \Comm Items\2001 \7 -24 -01 \LDC Amend TODD Uses initiation report.doc 1 2 3 4 5 RESOLUTION NO. 6 7 8 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 9 OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE 10 LAND DEVELOPMENT CODE PROVIDING FOR TECHNICAL 11 CORRECTIONS TO TODD ZONING DISTRICT AND THE PERMITTED USE 12 SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, in 1997 the City adopted an amendment Section 20 -8 of the Land development 16 Code which established a new zoning district entitled "TODD ", Transit Oriented Development 17 District; and 18 19 WHEREAS, a section of the TODD regulations contains a description of the commercial 20 uses which would be allowed within the TODD and a reference to 13 light industrial type uses 21 which would not be allowed, however the regulations did not provide that these uses could continue 22 to be located in the new industrial zone, now called the TODD- (LI -4); and 23 24 WHEREAS, this oversight has effectively eliminated a number of light industrial uses from 25 locating in any zoning district within the City; and 26 27 WHEREAS, these eliminated uses, prior to the 1997 TODD Ordinance, were previously 28 listed as permitted uses in the same industrial area and some of these uses are currently existing , ®2 9 resulting in a severe hardship for property owners and business owners who want to expand, 30 renovate or renew their licenses and certificates of use.; and 31 32 WHEREAS, based upon the hardships involved and the fact that this is a technical 33 correction, it is recommended that the LDC be amended at this time by the initiation of an 34 ordinance specifically amending this section of the TODD regulations and the Permitted Use 35 Schedule. 36 37 38 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 41 CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. `A draft ordinance, amending the Land Development Code of the City of South Miami, in 44 order to make certain technical corrections to the TODD zoning district and to the Permitted Use 45 Schedule, shall be prepared by City staff and brought forward to the Planning Board and to the City 46 Commission for review and consideration. 47 48 49 Section 2. This resolution shall take effect immediately upon approval. 50 51 52 PASSED AND ADOPTED this 24' day of July, 2001. 1 2 3 4 5 (2) 6 7 8 ATTEST: APPROVED: 9 10 11 12 13 CITY CLERK MAYOR 14 15 16 17 18 19 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 20 Mayor Robaina: 21 Vice -Mayor Feliu: 22 Commissioner Russell: 23 Commissioner Bethel: j 24 CITY ATTORNEY Commissioner Wiscombe: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5 51 52 TRANSIT-ORIENTED DEVELOPMENT DISTRICT 20 -8.7 Three Bedroom 850 square feet (B) Density, as many units as may be permitted as can be provided with parking. (C) Residential and lodging uses, as permitted with required parking as noted in section 20- 7.12. Residential uses are permitted on the first floor. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.5 Commercial use. The following classifications, uses, and corresponding parking requirements shall be permitted with the T.O.D.D.: (A) Storefront uses, as indicated in section 20 -7.12. (B) Office uses, as indicated in section 20 -7.12 and all uses in the Business and Professional Services Group as indicated in section 20 -3.3, except the following uses shall not be permitted: 1. Any uses which are only permitted in an industrial zone as indicated in section 20 -3.3. 2. Bowling alley or skating rink. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.6 Special provisions. (A) Any of the above uses are permitted on the first floor as well as successive floors. (B) Convenience stores are not considered in the food category and are not permitted. (C) No "drive - thru's" except for banks, are permitted. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) 20-8.7 Light industrial use. The following uses are permitted in this category along with the required parking: (A) All retail and wholesale trade uses as indicated in section 20 -3.3, except the following uses: (1) Automobile dealers. (2) Boat dealers. (3) Gasoline service stations. (4) Recreational vehicle dealer. (5) Convenience store. (6) Used merchandise, vehicle parts. (B) Manufacturing and intensive uses, as indicated in section 20 -3.3. (C) Special conditions. Industrial uses are limited to the first floor only, but no "higher than 20 feet. (Ord. No. 9 -97 -1630, § 1, 4 -1 -97) Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City; Commission From: Charles D. Scurr /V City Manager (i6l Request: Date: July 24, 2001 Re: Agenda Item -jO2 40 — Initiation of LDC Amendment Height of hedges, vines A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE ELIMINATING HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City's Land Development Code (Section 20- 3(H)(2) ) sets forth height limitations on fences, walls , gates, and trellises in residential areas. These regulations limit the height to 4 feet along property lines and in required yard spaces if it is facing a street. A maximum of 6 feet in height is allowed in required yard spaces which do not face a street. These same regulations are also applicable to "hedges and vines ". Property owners who have hedges, ornamental vegetation, or landscaping exceeding these maximum heights are subject to code enforcement action including fines and penalties. It may be appropriate for the height limitations on "natural vegetation to be reconsidered in the light of the importance of landscaping- in environmental issues and in the beautification of neighborhoods. In addition, the use of vegetation or landscaping as a screening mechanism ( to block views of cars, boats, satellite dishes ) should be encouraged as an alternative to a wall or fence. It is recommended that an amendment to the LDC pertaining to the permitted height of hedges, vines and vegetation be considered. The attached resolution would initiate the process, and direct staff to prepare a draft ordinance for review by the Planning Board and the City Commission. RECOMMENDATION: Approve the Resolution. Attachments: Draft Resolution LDC Sections 20- 3.6(H) CS /SWSAY M D: \Comm Items\2001 \7 -24 -01 \LDC Amend Height of Hedges initiation report.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO ' THE 5 LAND DEVELOPMENT CODE ELIMINATING HEIGHT LIMITS FOR 6 HEDGES AND VINES USED AS FENCING, SCREENING OR 7 LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE. 8 9 10 WHEREAS, The City's Land Development Code (Section 20- 3(H)(2) ) sets forth 11 height limitations on fences, walls, gates, and trellises in residential areas. which regulations 12 are also applicable to "hedges, vines and other natural vegetation"; and 13 14 WHEREAS, property owners who have hedges, ornamental vegetation, or 15 landscaping exceeding these maximum heights are subject to code enforcement action 16 including fines and penalties; and 17 18 WHEREAS, it is appropriate for the height limitations on "natural" vegetation to be 19 reconsidered in the light of the importance of landscaping in environmental issues and in the 20 beautification of neighborhoods; and 21 22 WHEREAS, the use of vegetation or landscaping as a screening mechanism to block views 23 of cars, boats, satellite dishes should be encouraged as an alternative to a wall or fence; and 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. A draft ordinance amending the LDC pertaining to the permitted height of hedges, vines 30 and vegetation in residential areas shall be prepared by City staff and brought forward to the 31 Planning Board and the City Commission for review and consideration.. 32 33 34 Section 2. This resolution shall take effect immediately upon approval. 35 36 37 PASSED AND ADOPTED this 24' day of July, 2001. 38 39 ATTEST: APPROVED: 40 41 42 43 CITY CLERK MAYOR 44 45 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 46 Mayor Robaina: 47 Vice -Mayor Feliu: 48 Commissioner Russell: 49 Commissioner Bethel: 50 CITY ATTORNEY Commissioner Wiscombe: 51 20 -3.6 SOUTH MLA0,11 LAND DEVELOPMENT CODE (H) Physical Barriers. (1) All fences, walls, trellises and hedges may be erected on or along a property line, but shall not extend into official public rights -of -way or project on or over adjacent prop- erties. (2) Height limit. Residential: (a) Chain link fences will not be permitted on required vards adjacent to a right -of -way. (b) In required yards not adjacent to a right -of -way, fences, walls. trellises and hedges shall not exceed six (6) feet in height above grade. (c) In required yards adjacent to a right -of -way, fences, walls. trellises, gates and hedges shall not exceed four (4) feet in height above grade. Fences and walls may be increased by two (2) feet in height above grade, and gates may be increased by three (3) feet above grade, provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent open area. (i) Wooden fences exceeding four (4) feet in height along rights -of -way shall provide for a minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet in height above grade. The graphic "Wooden Fence Types includes an example of both an unacceptable and acceptable prototype. (ii) Masonry walls exceeding four (4) feet in height along rights- of -way shall provide a minimum of sixty (60) percent open area for all portions be- tween four (4) and six (6) feet in height above grade. No portion of any solid masonry wall above four (4) feet in height above grade along rights - of -way shall exceed fourteen (14) inches in width. This is to provide for vertical support (per Section 20- 3.6(H)(2)(c)) of screening material. The remaining balance of open area may be screened by metal work, wooden lattice or any other nonmasonry screening material. A minimum of sixty (60) percent open area shall be maintained. The graphic "Masonry Wall Types" includes an example of both an unacceptable and an acceptable prototype. Supp. No. 1 55 (iii) Trellises and hedges cannot exceed four (4) feet in height along rights - of-way. Freestanding trellises not located along property lines and not installed to create a physical barrier may extend up to six (6) feet in height above grade in any required yard. Ornamental vegetation and landscaping not located along property lines and not installed to create a physical barrier may extend up to six (6) feet in height above grade in any required yard. Tree species included in the Official Tree List of the City of South Miami shall not be considered as physical barriers. (iv) Vines, as defined under Section 20 -2.3 may be permitted on any physical barrier, but in no case shall a vine be allowed to create a one-hundred- percent opacity situation for that 'portion of a physical barrier which is greater than four (4) feet in height above grade along any right -of -way; in no case shall vines be permitted to exceed six (6) feet in height above grade. (v) Light fixtures are permitted to extend up to sixteen (16) inches above the maximum height for permitted physical barriers on single- family resi- dential properties. Non- residential: (d) Fences, walls, trellises or hedges on property zoned for non - residential uses shall not exceed eight (8) feet in height above grade. (3) Prohibited features. Fences constructed wholly or partially of barbed wire are pro- hibited, except fences or walls exceeding six (6) feet which have a maximum top extension of sixteen (16) inches bearing a maximum of three (3) strands of barbed wire. Use of electrically charged` fences shall not be permitted in any district. Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor City Commission From: Charles Scurr IV City Manager Date: July 24, 2001 RE: Agenda Item # z Comprehensive Plan Future Land Use Map Amendment: Shoal Creek Properties Request CONSIDERATION OF AN APPLICATION TO AMEND THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL (FOUR -STORY HEIGHT), CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY (FLEXIBLE HEIGHT UP TO 8 STORIES) ON A 2.8 ACRE VACANT SITE, SAID PROPERTY BEING LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. THE PURPOSE OF THE APPLICATION IS TO ALLOW FOR THE FUTURE CONSTRUCTION OF A RENTAL APARTMENT BUILDING. SUMMARY OF REQUEST The applicant is requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential apartment building with 306 dwelling units and 10,000 square feet of commercial / office space, according to the information submitted with the application. The height of the proposed structure is "six stories. The apartment building is designed to cater to graduate and married students of the University of Miami and young professionals who are looking for the convenience of the Metro -Rail and have easy access to most necessities within walking distance. The subject property encompasses the entire block bounded by SW 70th Street on the south, SW 59th Ave. on the east, SW 69th Street on the north, and SW 61St Ave. on the west. The property consists of 23 vacant lots and two lots occupied by a one -story building currently used as a dentist office. The site does not have any significant features other than the fact that a number of large mature trees are scattered through out the site. Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 2 of 10 The subject property has a current Land Use designation of "Mixed Use Commercial Residential ". The applicant has applied to the City to have the site's Future Land Use Map category changed to the "Transit- Oriented Development District (TODD)" category. PREVIOUS APPLICATION In July, ,2000 an application was submitted to the City requesting a Comprehensive Plan Land Use amendment to the TODD category for the same property plus 9 additional lots facing SW 59th Place. The size of the development parcel was 2.68 acres. The application, filed by JPI Apartment Development, L.P., was proposing a similar residential development of 6 stories with 306 dwelling units and 3000 square feet of retail space. At the Local Planning Agency's meeting on August 29, 2000, the applicant requested a deferral. In April, 2001 a revised application was submitted for the same block excluding the lots facing SW 59th Pl. A smaller residential building containing 225 units was proposed. The revised proposal was not heard by the Planning Board due to the lack of a quorum at the Board's scheduled May ; 8, 2001 meeting. The applicant on June 6, 2001 submitted a third revised application which is the subject of this report. COMPREHENSIVE PLAN AMENDMENTS: GENERAL INFORMATION All proposed development projects must be compatible with the policies contained within the Comprehensive Plan and with the land use categories listed in the Plan and as shown on the Future Land Use Map (FLUM). A property owner or developer may want to use a property for a use, which is not permitted in or exceeds the standards specified for the land use category applicable to the site. This will require, as is the situation of the subject application, an amendment to the Future Land Use Map of the City's Comprehensive Plan. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). Following adoption by the City Commission, (after second reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). This amendment qualifies as a small - scale amendment; therefore, DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood 3) impact of the proposed use on the City's infrastructure and; 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 3 of 10 COMPARISON OF LAND USE CATEGORIES The applicant's request to amend the Future Land Use Map is a result of limitations contained in the City's Comprehensive Plan for the existing land use category. The Mixed -Use Commercial /Residential category, in which the proposed development site is located, mandates mixed use development (office, retail, residential), whereas the proposed development is primarily a residential development with limited amount of retail /commercial space. The proposed development deviates from the standards set forth in the Comprehensive Plan for the Mixed -Use Commercial /Residential land use category. The proposed development is more appropriate for the TODD Land Use category and meets the standards set forth for TODD. The maximum height of six stories for the project exceeds the maximum height of four stories allowed in the Mixed -Use Commercial /Residential category but is within the TODD height limitation of maximum of eight stories. The current Mixed -Use Commercial /Residential land use designation further mandates that all developments shall be subject to a maximum residential density of 24 units per acre. The density of the proposed project is 109 dwelling units per acre will exceed the maximum permitted standards of the existing land use category. The TODD category on the other hand does not impose development limitations in the form of dwelling units per acre. Therefore the higher density would be permissible if the parking requirements are met. A full description of these categories also appears on p.23 of the Comprehensive Plan (copy of the page is attached to this report). SITE ANALYIS Surroundina' Parcels REZONING APPLICATION The Land Use Map amendment is a pre- requisite for a future zoning district change application, which will specifically allow for the new development. In order to proceed with the development as proposed the applicant will also be required to submit a rezoning application in order to change the current zoning district from the "MO ", Medium - Intensity Office Use District to the Comprehensive PIan Land Development Code Actual Use Existing Land Use Existing Zoning District Category North Multifamily Residential RM 18 Residential Condominium Low density multi- family 117 units; 2 stories 2 story maximum permitted East TODD TODD (MU -4) US Post office 2 story maximum permitted South Mixed Use Commercial/ MO/ Medium Intensity office Hotel; Offices Residential 4 story permitted Mostly 4 stories West Mixed Use Commercial/ H/ Hospital/ height compatible Hospital parking lot Residential w/ surrounding area REZONING APPLICATION The Land Use Map amendment is a pre- requisite for a future zoning district change application, which will specifically allow for the new development. In order to proceed with the development as proposed the applicant will also be required to submit a rezoning application in order to change the current zoning district from the "MO ", Medium - Intensity Office Use District to the Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 4 of 10 "TODD (MU -5) Transit Oriented Development District (Mixed -Use 5) Use. District. The applicant has the option initiating the rezoning at the same time as the Comprehensive Plan is being processed or may choose to wait until the Comprehensive Plan amendment is approved. The applicant has indicated that the rezoning application will be submitted in time to be placed before the Planning Board at its August 14, 2001 meeting. During the zoning district change process, which includes review and approval of a detailed site plan, very specific issues, such as, building height, number of dwelling units, floor - area - ratio, mix of uses, architectural style, building design, setbacks, off- street parking, landscaping, open space, pedestrian /vehicular access, can be considered. A detailed site plan adopted as part of a rezoning application becomes binding upon the developer and the City. HISTORY OF SITE The City's records indicate that most of the previously exiting structures on this now vacant site were built during the periods of 1920 -39 and 1950 -59. There were single - family residences facing SW 70th Street and SW 69th. All of these buildings have been demolished. In 1980, the subject site was part of the planning area for the South Miami Station Area Profile, a part of the Dade County Station Area Design and Development Program. The report issued at that time, designated the block as an opportunity area as a secondary commercial district where significant redevelopment could occur. The City's 1989 Comprehensive Plan identified the subject property in the Future Land Use Map as "Medium- Intensity Office," four -story maximum height. In 1994, the adopted "Hometown Plan Area 2" refers to the subject area in a section on the height of buildings and in a section outlining specific proposals. The first reference addresses how the City should respond to proposals which exceed four stories in height; the second addresses potential uses for the block (mixed use with residential uses facing north). Excerpts from this plan document (pp 15, 20) are attached. In 1996, the subject block was part of a larger Comprehensive Plan amendment, which changed the Future Land Use Category from Medium - Intensity Office Use to a new category, "Mixed- Use Commercial /Residential." This amendment to the Comprehensive Plan was part of the City's Evaluation and Appraisal Report, subsequently adopted by the City in 1997. The new land use. category was created to implement development concepts from the Hometown Two Charrette. In 1998, upon suggestions from the Department of Community Affairs, the Land Use category was amended to include development standards of 1.6 F.A.R. for the total development including 24 dwelling units per acre. CURRENT PLANNING The City's Zoning Task Force is in the process of reviewing the entire Land Development Code. Its recommendations are expected to be completed by July 2001. A subcommittee of the Task Force is currently examining, in detail, the TODD zoning district. The subcommittee has had preliminary discussions on expanding the TODD (zoning district and land use district) to include Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 5 of 10 additional blocks, including the site subject to this application. The subcommittee is also discussing allowing for building heights to transition from four to eight stories. The eight stories would be limited primarily along the properties abutting the transit station, four stories along the outer limits of the TODD boundaries with possibilities of some six stories in between. It is important to note that these discussions are only preliminary and have not been recommended by the full Task Force. PROPOSED AMENDMENT REVIEW 1. Compatibility of Use: The proposal to place a residential development on this site is permitted by the definition of the TODD Future Land Use Category. A residential development at this location would take full advantage of being adjacent to the transit station and within walking distance of shops, post office, hospitals, restaurants and other amenities of the downtown area. The use would also provide a transition between lower density residential to the north and commercial development to the south. 2. Compatibility of Density/Height: The TODD land use category allows for a maximum height of eight stories (four stories granted via incentives). The proposal to build six stories, including a five story parking garage, is within the height limits of the TODD. The TODD does not specify limits on residential density, which is generally expressed in terms of units per acre. The developer has indicated that the project is contemplated to have 306 units, or 109 units per acre. Planning Department staff supports the general concept that the applicant has proposed for the site However, it is important to ensure that the ultimate residential density for the site does not become excessive Residential infill protects in transit corridors and in dense urban cores have been shown to be successful at a density of 75-100 units per acre however, densities significantly above 100 units per acre occur primarily in the highest intensity urban areas. 3. Impact on Public Facilities: An important element of the land use map amendment is to assess the impact of the contemplated development on the public infrastructure serving the site. The developer, as part of his submission requirements, has submitted a document entitled "Public Facilities Impact Report and Analysis of Comparable Projects" (attached) which compares the infrastructure impact of the proposed development with what could be built under the approved or existing land use and zoning use districts. For purposes of this report, presented below is a summary of the impact of the proposed development on public facility capacity. a) Park/Recreation Facilities Project 778 persons, requires additional 3.08 acres LOS: City Comprehensive Plan: 4 acres per 1000 pop. Capacity: sufficient: (Existing 57.6 acres, Required 52.2 acres before this project) b) Schools Project impact: 41 additional students Capacity: School impact mitigation plan to be proffered by applicant (see Public Schools letter dated 8/17/2000 attached) Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 6 of 10 c) Solid Waste Project: 449.9 tons /annually; LOS: Determined by Miami -Dade County Applicant seeking Count Capacity; Appl g Y determination d) Wastewater (Sewer) Project: 62,200 gallons /per day; LOS: Determined by Miami -Dade County Capacity: Applicant seeking County determination e) Potable Water Project: 62,200 gallons /per day; LOS: Determined by Miami -Dade County Capacity: Applicant seeking County determination f) Traffic /Streets Project: 1902 Average Daily Trips (Res. & office) 2084 Average Daily Trips (Res. & retail) Capacity: sufficient, based upon: Florida Department of Transportation review letter attached dated 8/18/2000 Applicant's engineer's report Traffic Impact Analysis (June, 200 1) 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: HOUSING Goal' 1 To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use residential multi - family projects containing affordable housing units. LAND USE Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail transit station by creating a district for the new growth which is contained and transit- oriented, thereby relieving the pressure for commercial re- zonings outside of this core area Goal To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 7 of 10 STAFF OBSERVATIONS 1. The proposed amendment is consistent with and supports the goals and policies of the City's Comprehensive Plan. 2. The property is located in the Community Redevelopment Area. The amendment request and the proposed project are consistent with the goals and objectives of the CRA Board. 3. Any future development on this site will have to have a mitigation plan for the mature trees on site. 4. The existing land use category, Mixed Use Commercial /Residential, mandates a mix of uses in order to create an active urban fabric. TODD on the other hand encourages mixed -use development but does not mandate it. In the context of a transit oriented district mixed -use developments are generally preferable. However, a residential development with adequate service related commercial serving the residential development and the surrounding community, creating a mix of uses, is highly desirable. Such a development provides the "eyes on the street" active street life by providing activities not limited to only certain hours of the day and is transit supportive. 5. A residential development, which introduces into the neighborhood a critical mass of additional residents (primarily graduate students, married students, young professionals) will create a social and economic synergy that would be beneficial to the immediate area where the project is located and to the vitality of the community at large. The proposed development has the strong potential for acting as a catalyst for further developments in the area to improve the quality of life and to create a safer neighborhood. 6. The traffic pattern from a residential development is generally more dispersed through out the day and night and has less impact on peak traffic. Traffic analysis of the development currently permitted as -of- right, as compared with the traffic that will be generated by the proposed residential development, indicates that the proposed land use change may actually reduce the total number of vehicle trips generated by this property. 7. The proposed amendment, which would allow for the placement of a residential building at this site, would be compatible with the surrounding properties. The extension of the TODD future land use category to this site is appropriate based upon the need to encourage new development in the vicinity of the transit station. 8. Commitments have been made from the developer to provide employment opportunities for local residents, in order to contribute to the economic vitality of the important residential community adjacent to the property. 9. A traffic study analyzing the impact of the proposed development on the surrounding Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 8 of 10 regional roadway network has been submitted by the applicant. The report states that the proposed development will generate less rush -hour traffic than the currently approved land use for the subject site, and will not have negative impacts on the surrounding roadway network. STAFF CONCERNS 1. The proposed height of the project must be compatible with the scale and density of the surrounding properties. Planning Department staff recommends that the height of the structures proposed for the site be limited to a maximum of 60 feet / 6 stories, in order to achieve compatibility with the surrounding neighborhood. 2. Given the concerns about compatibility with the surrounding neighborhood, as well as overall community concerns about permitted densities within the City as they apply to traffic congestion, parking, and overall quality of life issues, Planning Department staff believes that the overall project density should be moderately reduced. The density of the overall project should be restricted to a maximum of approximately 100 units per acre and an overall gross floor area ratio of approximately 2.25 FAR. This proposed density /intensity, which should result in approximately 282 dwelling units, will most certainly enhance the goals of the TODD, while avoiding the potential for over - development that is more characteristic of the extreme high density urban cores such as Brickell Avenue or Downtown Coral Gables. 3. It is important that the proposed 10,000 square feet of street -level frontage on S.W. 59th Place be utilized to provide appropriate community oriented commercial, retail and service establishments, in order to meet the goals for vitality, walkability and urbanism contained in both the Hometown Plan and the TODD concept. 4. The mechanism used to place limitations or conditions on a development project is the submission and approval of a detailed site plan, which is part of the rezoning process. Although the applicant has submitted an illustrative site plan and renderings, the Comprehensive Plan amendment review process does not require site plan review. In order to assure adherence to the basic parameters specified in paragraphs 1, 2 and 3, one of following must occur. The applicant could execute a legally binding instrument, committing to the density, height and retail /commercial requirements specified. Otherwise, the applicant could submit a rezoning application containing detailed site plans and development parameters. This would be submitted to the City for approval prior to the second reading (adoption) of this Land Use Amendment. The approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. LOCAL PLANNING AGENCY (PLANNING BOARD) RECOMMENDATION The City's Planning Board, acting in its capacity as the Local Planning Agency, conducted a public hearing on the amendment application at its July 10, 2001 meeting. The LPA adopted a motion recommending approval of the proposed amendment with the following condition: Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 9 of 10 Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: a. Maximum number of dwelling units 300; b. Maximum height of structures on the site -6 stories (60 feet); c. Maximum floor - area -ratio -2.25; d. Minimum of 10,000 sq. ft. of retail /commercial space to be located along the ground floor of the S.W. 59th Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading (final adoption) of this Comprehensive Plan Land Use Amendment. The approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. The motion to approve the application with a condition was made by Mr. Commendiro and seconded by Ms Gibson. The motion was adopted by a vote of 5 aye 0 nays. RECOMMENDATION It is important to mention again that during the rezoning process, a detailed site plan, with specific information about building height, number of dwelling units, floor -area -ratio , mix of uses, architectural style, set backs, off- street parking, landscaping, open space, and pedestrian/vehicular access, will be submitted for review and approval by the City. A detailed site plan adopted as part of a rezoning application becomes binding upon the developer and the City. It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment be approved on first reading with the condition as recommended by the Local Planning Agency (Planning Board). Attachments: Proposed ordinance Application Letter of Intent Location map Survey (6 -1 -01) Future Land Use Map Amendment Shoal Creek Properties July 24, 2001 Page 10 of 10 Letter from Miami Dade Public Schools dated August 17, 2000 Letter from Florida Dept. of Transportation dated August 18, 2000 Comprehensive Plan excerpt (p. 23) Excerpt from Hometown Plan Area 2 (Nov 1994) pp 15, 20 Excerpt from Station Area Profile (Fall 1980) Citizen Comment letter (6- 29 -01) (14 pp) Citizen comment letters (2) Planning Board Minutes 7 -10 -01 Public notices Site Plan / Elevations (4 pages) Public Facilities Impact Report, Traffic Impact Analysis (University Place) 6 -7 -01 L ] CS /RGL /SA)` D: \Comm Items\2001 \7 -24 -01 \Comp Plan Amend. Shoal Creek report.doc I ORDINANCE NO. 2 3 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND 7 USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL 8 CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT 9 CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, 10 BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON 11 THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE 12 NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; 13 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 14 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, Application No. LPA -01 -001 was submitted to the Planning and Zoning 18 Department by Shoal Creek Properties L.L.C. said application requesting to amend the Future Land Use 19 Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed 20 Use Commercial Residential category to the TODD, Transit Oriented Development District category on 21 property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site is 22 bounded on the south by S.W.70 f Street, on the east by S.W. 59th Place, on the north by S.W. 69t" Street, 23 and on the west by S.W.615t Avenue. ; and 24 25 WHEREAS, on , July 10, 2001, after Public Hearing regarding the proposed amendment, the 26 Local Planning Agency recommended approval of the application subject to certain conditions, by a vote 27 of 5 -0 ; and 28 29 WHEREAS, the City Commission desires to accept the recommendation of the Local Planning 30 Agency and enact the aforesaid amendment. 31 32 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 35 OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 38 Section 1.That the Future Land Use Map of the South Miami Comprehensive Plan is hereby 39 amended by changing the future land use category from the Mixed -Use Commercial Residential category 40 to the TODD, Transit Oriented Development District category on property being legally described as 41 Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site bounded on the south by S.W.70t" 42 Street, on the east by S.W 59th Place, on the north by S.W. 69th Street, and on the west by S.W.61st 43 Avenue. 44 45 46 47 Section 2 . That the development regulations applicable to the subject property shall be as specified 48 in the Land Development Code and as set forth in the zoning use district amendment ordinance which 49 will be required to be adopted in order implement the proposed development of the site. 50 51 52 53 2 l 2 (2) 3 4 5 ' Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid 6 or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 7 remaining portions of this ordinance. 8 9 10 Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance 11 are hereby repealed. 12 13 14 Section 5 This ordinance shall be effective immediately after the adoption hereof. 15 16 17 PASSED AND ADOPTED this day of , 2001 18 19 20 ATTEST: APPROVED: 21 22 23 24 CITY CLERK MAYOR 25 26 1 sc Reading - 27 2 d Reading — 28 COMMISSION VOTE: 29 READ AND APPROVED AS TO FORM: Mayor Robaina: 30 Vice Mayor Felieu: 31 Commissioner Russell: 32 Commissioner Bethel: 33 Commissioner Wiscombe: 34 CITY ATTORNEY 35 36 37 Ai► 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 Comprehensive Plan Amendment and Public Hearing Before Local Planning Agency (LPA) & City Commission ovv ry aL. at pain viace Lot�s)1-'G5 tilocK 15 Subdivision Larkin Twn. PB 2_105 Meets & Bounds: Se "Art Size of Property : 2.8 Acres Applicant: Phone: Shoal Creek Properties LLC. (30 5) 859-8420 Representative. Joseph G. Goldstein, Es Organization: 4• One Akerman, Senterfitt & Edison, PA SE Third Street, 28th Floor Address: Miami, F. 33133 Phone: (3(W) 75 -5855 Property Owner:., rr rr Signature: See Attached .Exhibit B Mailing Address: & Consent Letters Phone. ArchitectlEngineer:Mouriz, Salazar & Assoc., Inc. Phone. (305) Mi.amil PI 13159 273 -9911 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT.- —Owner _Owner's Representative _XContract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHEF 1C $'2i; THAT APPLY: Comprehensive Plan Amendment ' _x Letter of irjten? Text: _XJustifcatioris fog change' Future Land Use Map Amendment: _Public Facilities (mpact'ReNor, Future Land Use Map Amendment Note:See DCA Form RPM -BSP (Small -Scale Map Amendment) Small -Scale 1 (Attached) XProof of ownQrst�ip or letter from owrer a r Power _Power of attorney a torn Briefly explain application, cite specific Plan sections to be amended; or indicate FLUM sate o o X y se change: -X Current su vey ( original sealed and Amendment to the Comprensive Plan to include the signed /1 reduced copy C 11" x 17 ") Subject Property in the TODD (4 + 4) Land Use _X 15 copies cf Si,E Plan 1 reduced copy d 11" ;: 17" _ 20% Property owner signatures District. _ Mailing labels (3, sets) and map _ Required Fee(s), Thd Un er i2ne as rea r M e-mmm uro _.. _ . uIwitnauvtt a,:u att suommea materlais are true ana C ?'' best o the ant's owte ge and belief. . boa r ignature and le Date ppucau s, and all submitted materials will be reviewed for compliance with the City's Land Development Code, Florida Statutes and Florid.t 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 LPA Hearing Date of Commission Petition Required T— Petition Accepted Method of Payment 8/2/00 AKERMAN SENTERFITT ATTORNEYS AT LAW SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE, 28TH FLOOR MIAMI, FLORIDA 33131-1714 PHONE (305) 374 - 5600 • FAX (305) 374 - 5095 http://www.akerman.com Joseph G. Goldstein (305) 755 -5855 www.jgoldstein @akerman.com June 21, 2001 VIA HAND DELIVERY Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Shoal Creek Properties, L.L.C. ( "Shoal Creek") / Third Amended Letter of Intent and Filing of Modification to Application for a Comprehensive Plan Amendment Dear Mr. Lorber This constitutes the second amended letter of intent to the pending application originally filed by JPI Apartment Development, L.P. ( "JPI ") for an amendment of the City of South Miami (the "City ") Comprehensive Plan. As you may be aware, JPI filed an application during July of 2000 to amend the City's Comprehensive Plan / Future Land- Use Map as it affected an approximately 2.68 acre parcel of vacant and unimproved property located at S.W. 59"' Place and S.W. 70 "' Street in the City (the "Original Application Property ") That request was scheduled for consideration by the City's Planning Board, but was deferred in order to allow the Application to be amended, with the understanding that the configuration of the Original Application Property may change in light of concerns expressed by certain owners of that land. JPI was, at the time, the contract purchaser who had assembled the Original Application Property through a series of purchase and sale agreements (the "Original Agreements "). In one form or another, those Original Agreements were terminated or assigned, and/or new agreements have been reached with a new entity, Shoal Creek Properties, L.L.C. for the acquisition of 1.98± acres of land (the "Revised Property"), which included the majority of the Original Application Property. As part of our first amended application, we had included a portion of right of way that was adjacent to Larkin Hospital. We had filed an application to close a portion of S.W. 61" Avenue and had intended to make that closed road part of our application area. A second amendment removed that portion of the application property and formally withdrew our application to close that street. fM1629588;2) AKERMAN, SENTERFITT & EIDSON, P.A. FORT LAUDERDALE JACKSONVILLE ORLANDO TALLAHASSEE TAMPA WEST PALM BEACH Mr. Richard Lorber 6/21/01 Page 2 This amendment adds a land that was included in the Original Application Property and another small parcel that is currently located on the corner of S.W. 59"' Avenue and S.W. 69' Street. Shoal Creek has entered into contracts to purchase the Revised Property described in the attached Exhibit "A" (the "Final Revised Property ") and seeks to amend the Application in the following manner: (1) modify the area subject to the Application to be the Final Revised Property of approximately 2.8 ± acres; and (2) provide new plans, data, forms and supporting documentation to address the revised plans of Shoal Creek. The Final Revised Property is generally zoned as a Medium- Intensity Office District (MO) in the City's Official Zoning Map and is generally designated as a Mixed Use Commercial Residential district (which maintains a fifty foot height restriction), in the C , ehensive Plan / Future Land Use Map. It remains Shoal Creek's intent to amend the Comprehensive Plan / Future Land Use Map to include the Final Revised Property within the boundaries of the Transit Oriented Development District. The Property is situated directly across the street from the South Miami MetroRail facility and parking, garage, and is surrounded by the following: a United States Post Office and the MetroRail facility to the east and southeast, respectively; Larkin General Hospital and a parking lot to the west; a condominium development to the north; and the garage of the 117 room Hotel Vila to the south. The Property is also located within a few short blocks of the University of Miami campus. Shoal Creek believes that this location is perfectly situated for a- student residential facility, and is proposing the construction of a six- story rental apartment building of 300± units, to be ,designed and marketed to meet the housing needs of the area, particularly young professionals who work downtown and need easy access to the MetroRail and to University of Miami undergraduate and graduate students. The local geography uniquely qualifies the Revised Property for inclusion in the City's Transit Oriented Development District (TODD). The TODD was created by the City Commission to surround the mass transit facility and to encourage high density uses which will promote the efficiency of the land use. The purpose of the TODD is to maximize the presence of the rapid transit center within walking distance of the district boundaries.' As mentioned, the Revised Property is directly across the street from the South Miami MetroRail facility. Moreover, parcels east of, and one block south of the Property that abut the MetroRail facility are designated as TODD's on the City's Future Land Use Map. As you may be aware, it is Shoal Creek's understanding that the TODD designation had been considered for the Final Revised Property in early transit committee meetings. In addition, the facility proposed for the Final Revised Property is consistent with the type of development intended for this land use designation. The maximum utilization of the TODD encourages high density residential uses in multi -story projects that are characteristic of (M1629588;2) Mr. Richard Lorber 6/21/01 Page 3 transit- oriented developments. It is expected that residents of this facility will more regularly utilize the rapid transit system for going to work downtown or for attending classes and extracurricular activities at the University of Miami, who will also be more likely to walk and ride bicycles rather than consistently using vehicular transportation. Furthermore, redevelopment with high density uses is actually encouraged in the TODD through flexible zoning regulations. Bonus allocations are provided in the City's zoning code which are intended to accomplish the aforementioned goals of higher density residential development which reduces vehicular traffic, while at the same time, encouraging ahigh quality pedestrian environment. In short, the proposed apartment building is precisely the type of transit- oriented development contemplated by the TODD. As further justification for this application, an analysis of the impacts of the proposed student housing facility was prepared by the Curtis & Kimball Company and provided under separate cover for your review. In addition, preliminary site drawings and-,plavations are being provided so that City staff will have the opportunity to visualize what is being proposed. We do note, however, that the enclosed plans are conceptual and that they are being provided merely to represent the intent of the applicant as to height, bulk and generaL.design for the project. Detailed site plans will be provided as part of the zoning application, should the City approve this revised application for an amendment to the Comprehensive Plan. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for an amendment to the City's CompEphensive Plan / Future Land Use Map to include the Revised Property in the Transit- Oriented evelopment District. Sincerely 1 V. VV/14J1Vy11 attachments 7' / cc: Mr. Michael Getz Mr. J.W. Harris Mr. Tony White Stephen M. James, Esq. MIAMI /JAMESS/ 1155116/_r @k01 !.DOC /6/21/01 {MI629588;2} PROPERTY OWNER'S SWORN TO CONSENT I, Eliana Gonzalez, as President of Dental Professional Group, Inc., which is the Owner of the property legally described in the attached Exhibit "A," and which is the subject of the proposed Comprehensive Plan Amendment, do hereby grant consent to Shoal Creek Properties, L.L.C., to file this application for a public hearing. Dated at Miami -Dade County, Florida, this Zr day of *4k!4 , 2001. DENTAL PROFS ROUP, INC., By: Print Name: f_LT-V +' I e os 2A /eZ Address: L 9oy r vi .r q ? W AL S. rN Ama 1cL ? y3 WI Signature Print Name: So sTL •a t c A w► Hd Signature Print Name: FROM ELIAS PHONE NO. : 305 661 5791 Jun. 08 2001 02:27PM P1 VJ/ 1J( �VV_ 1 Ti Jt V:J V. WWJ VTIV VTT 1 T1111(A.J .u� ua PROPERTY OWNEWS SWORN TO CO3N5XNj We. George Elias, Jr., Richard A. Elias and 0. M. Elias, as awcers of tiae ProPaly legally described in the attaic &- diibit "a" and which is the subject of the proposed Cominehensive Plan Amendment. do he.*eby grant ec}nsent to Shoal Creek Properties, L.L.C., to file this itIVRoation for a public hearing. Dieted at Miami -Dade County, Florida, this _,day of 2U01. WJIWFASES.' _.._ GEORGE EL , JR_ PrintName;�'1) S Print Name, i SESf 00 RICk3.ARU A. ELIAS Signature , Print Name: Sr Print Name, ES: XP104) 0. M. ELIAS Sr 6n ature / Print Name El ,1 5 e • Print Name: MtAlfAnMU3s:t2otot7iywn cir�?tl�r/xl�t June 8, 2001 Mr. Richard Lorber Planning 'Director City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 Re: Shoal Creek Properties, LLC Comprehensive Land Amendment Dear Mr. Lorber; Pursuant to our conversation we have included the consent letters from the Elias property owners and the Dental Group for the remaining parcels, a revised form of Application For Comprehensive Plan Amendment and Public Hearing: Before Local Planning Agency (LPA) & City Commission, a letter from Mr. Harris describing the boundary modification and a letter from Mr. Gwynn Babe Elias agreeing to provide either a site plan or enter into a covenant prior to final adoption of the land use change. Furthermore, as we discussed, if the necessary information or documents are not provided to the City by the other property owners our application will continue to move forward vAhout any delays and if necessary remove those properties from the boundaries so our arirmd' e4 prope"' ty �s approved for final adoption in a timely manner I appreciate all your cooperation and your assistance in this process. Sincerely, J. W. HARRIS & COMPANY Michael J. Getz Development Director cc: James Harris Joe Goldstein, Esq. File SHOAL CREEK PROPERTIES, LLC James W. Harris 2665 South Bayshore Drive • Suite 702 * Coconut Grove, FL 33133 Managing Member Telephone: 305.859.8420 • Facsimile: 305.859.8410 June 8, 2001 Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 Re: Shoal Creek Properties, LLC - Comprehensive Land Amendment Dear Mr. Lorber: As requested we are modifying the boundaries of the application to include all the property within Block 15 lots 1 thru 25, of the Larkin Township Subdivision PB 2 -105 covering approximately 2.8 acres. However, we are amending these boundaries to include additional properties but reserve our right to reduce the size of the property in the future in the event that the owners of the other properties being added to the application fail to provide documentation or information that the City or we deem necessary in order to secure the approval of this application on the amended property in a timely manner. incerel SHOA CRE ER' TIES, LLC Ja es W. Harris anaging Member cc: Joe Goldstein, Esq. Michael J. Getz File 11 1 11 11 11 X11 11 •11 11 :11 •11 111 a-i N W E 1 am Feld, *10-mm-111, Fir Iv v;!l I 0 4 G I I i L_LL� .I!! ,x. pul AVENUE B I.W 61ST" AV . w j I d 4 d jq 1E I I I I L 0 C, K W 1101R� 0 z alo�\o:\w cf) 0 -F= to s 7N IS 3URVEY ToRTIN, LE-AVY, SKII, ALTA/ACSM LAND TITLE CONSUINING ENGINEERS, SURVEYORS 1-911AP '111S JPI SOUTH MIAMI PROJECT • T -DADE COUNTY, CITY OF SOUTH MIAMI. MIAMI FLORIDA _j 1, o 4� e 9 Y F z 4j I d 4 d jq 1E I I I I L 0 C, K W 1101R� 0 z alo�\o:\w cf) 0 -F= to s 7N IS 3URVEY ToRTIN, LE-AVY, SKII, ALTA/ACSM LAND TITLE CONSUINING ENGINEERS, SURVEYORS 1-911AP '111S JPI SOUTH MIAMI PROJECT • T -DADE COUNTY, CITY OF SOUTH MIAMI. MIAMI FLORIDA It \CAD\CAD-Z0`IE\0r.G1\000665, a wg F-i vw .1 12:53:3? 2001 x —4 m 0 z yV ,v Fir �Tf_ Ill m C, Ti Jill st 7- m m r m O z 0 0 O us J if ....... ... -------- lij, (PUBLIOAVENUE) .4 tun i S.W. 61ST", AVENUE twi PUT) 3 al. if 14 R r -------- A of 4 A AIt \ A K 0 ij @ ) "j, CQ Aii — — 0 Ilk p c/) m A M z m L to '0 IA Ilk —a— LOT 20 ti dl �71 7 LOT go A C0r L NC092'42-11i rL 4--X L Z7 ,�7 SSW} "'3JtFf PLACE REE 1 1:1 —Irm I CID) S.W. 52ND AVENIA 0 :1 m a SmW 61ST AV1i A 7777M77 -.q 7 4 0 —sa ff il r I I 8 2 @ 0 3 %_ st v 2 T i I is 4 c/) o S.W. 59111 aLACE 7 S.W. 58TI1 PLACE 9. 4 N % ALTA/ACSM LAND TITLE SURVEY 'FORTIN, LEAVY, SKILLS, INC, qll fit g JPI SOUTH MIAMI PROJECT CONSUIXING ENGINEERS, SURVEYORS & MAPPERS f; 100 N-th ... t 1411 Street /North Mi-4 11...b. M 'I P.• CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA rid&. 33102 OOL8�3 �CCMMITUENTS REFERENCED JEM 14— J 11 305-653-4493 / F.. 305-651-7162 / cir.11 Mi .. thi N. 0 0 C K I CID) S.W. 52ND AVENIA 0 :1 m a SmW 61ST AV1i A 7777M77 -.q 7 4 0 —sa ff il r I I 8 2 @ 0 3 %_ st v 2 T i I is 4 c/) o S.W. 59111 aLACE 7 S.W. 58TI1 PLACE 9. 4 N % ALTA/ACSM LAND TITLE SURVEY 'FORTIN, LEAVY, SKILLS, INC, qll fit g JPI SOUTH MIAMI PROJECT CONSUIXING ENGINEERS, SURVEYORS & MAPPERS f; 100 N-th ... t 1411 Street /North Mi-4 11...b. M 'I P.• CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA rid&. 33102 OOL8�3 �CCMMITUENTS REFERENCED JEM 14— J 11 305-653-4493 / F.. 305-651-7162 / cir.11 Mi .. thi N. 0 Roger C. Cuevas Superintendent of Schools Mr. Joseph G. Goldstein Greenberg, Traurig, P.A. 1221 Brickell Avenue Miami, FL 33131 August 17, 2000 Miami- Dade County School Board Ms. Perla Tabares Hantman, Chair , Dr.'Iichaet M. Krop Vice Chair Mr. G. Holmes Braddock Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabatds Morse Mr. Demetrio Perez, Jr., M. S. Dr. Marta Perez Dr. Solomon C Sti nson Re: Pending South Nliami Comprehensive Plan Amendment/Transit Oriented Development District ( "TODD ") Northwest Corner of S.W.59`h Place and S.W. 70`h Street Dear Mr. Goldstein: Attached please find Miami -Dade County Public Schools' (MDCPS) preliminary review of impact for the above referenced application. Based on the information recently p Q.vided to NiDCPS, the proposed application of 242 additional units would generate a school impact of 41 students; 22 elementary school students, 10 middle school students and 9 senior high school students. The proposed application currently creates concerns. The District would be glad to further discuss this matter with you. However, please note that should you desire to propose a mitigation plan, it must be forwarded through the District's Management Team process. Please be aware that all mitigation proposals also require School Board approval. If you have any questions, or wish to be scheduled before the Management Team, please call me at 305 -995-4603. Sincerely, Sally Osborne Supervisor SO:aj L467 Attachments cc: Mr. Delio G. Diaz (At1G 2 200 Mr. Alex David ,'Mr. Subrata Basa Florida Department Of Transportation JEB BUSH OFFICE OF PL&NNrNG. L)SMCT SIX GOVERNOR SOUM'MTAAV AVENUE, MUM; FL()RXDA 33130 PHONE: 005)3774910 (SC)452,5910 (305) 377-S63A (SC) An-Sad TROMAS F BAXV,-y JX August 18, 2000 POst-lt" brand fax transmittal memo 7671. # of N996 �From 7 # a �pa" Ta Mr. Joseph Goldstein, Esquire GO. U-�4TC�' Co. till, Greenberg Traurig, P-A. IBP'-SLA 1= - S+ez V\ Dept. 1221 Brickell Avenue ......... Miami, ]Florida 33131 Dear Mr. Goldstein: SUBJECT: City of South Nflamj: Proposed Comprehensive Plan Amendment �7 Tdank You for the opportunity to review your letter, dated July 27, 2000, and the attachments, which outline the proposed amendment to expand the transit oriented development district. I have reviewed the information, and it does not appear that the Department would have any issues with the proposed amendment. Based on this infon-nation, it is unlikely tha . t the Department would have any objections, recommendations, or comments on the amendment when it is transmitted to the Department of Community Affairs for review, provided. there are no significant changes. IMI Please do not hesitate to contact me if you have any questions. Sincerely, Phil Steinmiller, MCRP Systems Planning Administrator cc: l Gary Donn, District Director of Planning and Public Transportation Subrata Basu, Assistant City Manager and Planning Director 1W. AUG 21 2000 NO" gap www.dot.state.fl.us 9 RECYCLED PAPER . Commercial Retail a- office (Two - Story) w The commercial retail end office land use cate ory is intended to provide for retail and retail servip .es office use and office services that are characteristic of commercial development, Adopted zonin_o encouraging the containment of develo meet aloes existing State and Countv high- design roadway facilities. (97 -IER) MM+Mixed -Use Commercial/Residenti,al (Four - Story) N- The mixed -use commercial/residential land use category is intended to provide f retail uses. office uses. retail and office services. and residential dwelling nnirc mixed -use development that is characteristic of traditional downtowns. Permitted heights and intensities shall be set forth in the Land Development Code. Reaulations regarding the permitted height, density and intensity in zoning districts for areas designated as mixed -.use commercial /residential shall rovide incentives for transit- oriented development and mixed -use development. Zoning resulations shall reinforce "no widenings" policy set forth in the Traffic Circulation Element by encouraging use of Nletrorail system. (97 -1 ER) Pursuant to the recommendation by the Department of Community Affairs to include Floor Area Ratio (FAR) in the Comprehensive Plan (as oppos� rhP provisions in the Land Development Code) the City adopts a F.A.R. of 1.6-for this land use category which is the existinQ F.A.R. in the Land Development Code for the corresponding zoning district. In addition. the Cite adopts a maximum residential density of o} units per acre In order to ensure a mix of uses. the City requires that a minimum of two of the abo „-e uses must be developed within this category . For residential projects at a minimum at least one floor must alloy retail. For retail nroiects at a mimimum at least one floor must contain residential or office. For office projects. at a minimum at least one floor must contain residential or retail (9S I E R) Transit - Oriented Development District [TODD] (Flexible Height up to 8 stories) The Transit - Oriented Development District is intended to provide for the development of office uses ==+N- office services. office- related retail. retail. retail services. and residential uses in multi -story and mixed - use proiects that are characteristic of transit- oriented developments Permitted heights and intensities shall be set forth in the Land Development Code including design standards Zoning regulations shall encourage development within the TODD in conjunction with limiting n°« development within the Special Flood Hazard Area. The Citv shall pursue an incentives program for redevelopment including flexible building heights and design standards to insure that responsible effective and aesthetically - pleasing projects result. (96-1 ER) Public and Semi Pi Institutional Uses (Four- Ston.) The public and e institutional land use category is intended to provide for ghjji2 schools. municipal facilities, utilities, aad churches, temples. svnaQoQues and similar uses. Areas designated public and semi p .,�x�r, - public- institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional semi puG uses on sites not so designated by this plan. -S� @ heF@bY meant -to-be institutiers of d ffer- +n` 1- a Fgaqen rl, n y>, 12' - tb @ {eof t id � heights h2Lt#1_p nia ' --R the n i r f• r t L*' Gas t� i -� building p d feur- t (97 -1 ER)•' Educational Uses (as a sub - category of the public institutional uses land use designation) The "educational uses” land_ use sub- cateaory is intended to provide for public schools uses Areas designated as educational should not be used for other purposes without an amendment to this plan Zoning regulations could permit public educational uses on sites not so designated by this plan Public schools are hereby defined as public institutions of general education offering kindergarten through lL grade education or some Substantial portion thereof. and are owned and operated by the Dade County Ord. No. I2 -98 -1660. 8/4/98: DCA No. 98 -R i Element 1 Page Number 23 The streets should be thought of as three-dimensional public spaces. The ens oval p b _ l ie buildings which front the streets form the walls of an a reeable spatial "room." If the buildings are too low, the space dissolves (along with the shade and economic ' productivity of the land). One -story buildings are inappropriate, for example, for streets as wide or important as Sunset Drive, SW 59th Place, and SW 62nd Avenue; buildings on these streets should be a minimum two stories in height. r r<su�rurng 1 iciglrt Presently a four-story height limit applies to most Sunset properties, although there are taller existirng buildings in the Sunset corporate corridor which were built before that limit tool: effect. vStrong feelings were expressed by some charrette participants both for and against this regulation. By increasing the permitted height to six or eight stories In Cet talrt Circumstances l,•ith spacial conditions, the development attraction and the tax base could be enhanced. Such a change would require an artlendment to the City's Compre liens ive Plan. This change, if pursued, should he limited to properties fronting Sunset Drive or SIT 62nd Avenue south of SIP' 70th ,Street and north of Dirie Hightii•m•. Two concerns arise from taller buildings, but both are addressable: First. there is concern about maintaining a human scale. Four story buildings along the street create an agreeable street space and do not overrk"helm pedestrians or neighbors. If taller buildings are permitted, then thev should be designed with. a sizable "step -back" terrace at the fourth floor terrace level, should include a cornice or ''expression line" between the first and second floor, and should provide an arcade over the sidewalk. The City should allow exceptions to its jour -story height crrstnnr on1. for buildings that are exemplars- in all other respects. Second, there is concern that oversize developments, especially office buildings, will generate undesirable traffic impacts. The issue is that large numbers of workers will travel to single -use buildings at peak hours, congesting the road network. If taller buildings are permitted, they could be required to include a balanced mix of uses (with, for example, storefronts on the ground level, offices on middle floors, and residences on upper floors). If taller office buildings are permitted, they could be approved conditionally (upon, for example, the creation Of complimentary affordable housing within walking distance.) The City should allow ercepiinns to its jour - story height custom only for developments that are "self - solving" with regard to negative impacts on the surrounding neighborhood. 15 F proper community pre , e, and visual blight will be replace I n a settin', that inspires civic pride. SW 70th Street and SW 71st Street: • Continuing the pioneering effort of the Hotel Vila, infill the oversize parking lots and vacant lots with new traditionally- scaled buildings. With thvtraffic rerouting for north bound US I motorists, properties fronting 70th Street will • � u a - .71if��i'i�F.l. � • - e� • The blocks north of SW 70th Street bem,een SW62nd Avenue and SW 59th Place should have mixed -use buildings on their south half and residential buildings (i.e. roAhouses) on their north half, to best face the Lee Park Cooperative townhouse complex. B2n� fts: Economic development plus improved character and vitality. Metrorail Station: • .add a "liner" building onto the existing parking garage along 70th Street and 59th Place. • Permit cart vendors or kiosks at tho transit entry plaza. • Re-orient the cross%valk at US 1 for the shortest distance. • Improve lighting %vithin the vuaragc. y �l Bengji'ts: The street will become a } safer place with retailers and office - - workers providing "eyes on the street." Both the streetscape and small park will be more attractive if faced by occupied buildings rather than garage �ti-alls. Metrorail and local businesses will benefit from ne�v customers. South Miami Post Office: • Remove the chain link fence and barbed wire; these send a potent negative message about the neighborhood. • Plant trees along the sidewalks on the east and south of the site. 20 SW ON AREK d x- r _,PR LE 62 .a-.� I - •- .�4"�j.�!• -'Gr.. C 2 � .� �., s a�•. Y-in �"l fir. 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Y yx- -. ..6�. j ` .r i- , ;� A�+.a r ✓«�'�ir �I {Oita +� •+Ci -a _ y`;DJ 1 a1��T3' —�:r : J.:4' Y. .].c - .3.•I�YL'`�'1' r _ s_... ` �• �� �' �' � ���c`y°�.+�.t�•'til:i���� Wyr+ r{ ri K t'yt ry `+a��'.f' ;K�y+�� ;�ry =.r - .' -:; t ® - •t.� .�s a. Ja.�J •. �s �P�J� � t ec ^S t�•nC :� T ��y Via` ¢,ice. iy,.,_+''Yt ��.r. t,.�..f�����1G.�. � 1� � x :- .: ?'•': i.::- :+u�`.rr� Y tr 2 _�- - a +_ �Y"�Pt:' �v"A.c i? C >. *. f.A mss YE.. ��. 3: sj¢ �ij >`L"S�?�vSa�iF4`L1��'.��.u�i. 'r a � a}?M �rtxd�.`:'S`YG �"�_.....'_e:'r'.,: °s ..•+t- ..._ ..�.6c f�'1J'�'�' �eii'v.. .. ,. .. .... u \ \ V _ `_ I I❑ Z DX I F-1 ;I� OOOO ., _ —� ;C11 ER I TR fl .i `❑ i �I `I. 0 p ° a o c l� a o P SUNSET DR. [S.W. 72 ST.) ;;!'' M, C3 C3 —� 51 ON –FIRSZNX AN � �_ _ - -- _.._ - "�, �(`� u�- •� ill � . � -���.� ' OFS UTH-M L / F1 r OPPORTUNITIES In addition to the vacant tracts within the U.S. 1, where significant private property station area where new development assemblage has already occurred. may most obviously occur, there are at least five distinct areas of the South The fourth area (4) is immediately west of Miami Station area where the station the station site, in the blocks between could spursignificantnewdevelopment: Sunset Drive, SM 69th Street, S.W. 59th Place and SW 62nd Avenue. Although The first tract (1) is that of the Holsum some significant structures exist here, Bakery, for if the bakery relocates, it vacant land and many low intensity uses would leave a large, centrally located could lead to significant redevelopment tract of almost- 12 acres for redevelop- of these blocks, ment. Finally, the m The second area (2) is the area between dusrnal area o north o ne S.W. 73rd and 74th Streets and S.W. 57th and 58th Avenues on the fringe of the downtown. Here, vacant tracts and large areas of at -grade parking indi- cate the availability of the land, and their location appears appropriate to attract investment. The third area (3) is the block im- mediately south of the station site across station site, despite its diversified own- ership pattern, will likely see some changes in usage. If these changes are significant, they could, in turn, lead to the redevelopment of ',he tract north of the industrial area on Red Road, currently a game emporium. This piece of land has a history of changing uses. 1 ECEQ A22001 --Ova Jay F. Beckman _ JUL 3 6520 SW 65 Street South Miami, FL 33143 Planning Department June 29, 2001 -South Miami Planning Board Richard Lorber City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Planning Board, This letter concerns the requested change in the future land use category of the vacant site, located at the northeast corner of SW 70 St. and SW 61 Avenue, from the Mixed -Use Commercial Residential (four -story height) to the TODD District category (flexible height up to eight stories). Summary The proposed future land use /zoning change, with the current conditions of six - stories, is opposed for the following reasons: • Expansion of the TODD 4 +4 land use /zoning designation is not consistent with the Hometown Plan. • The proposed Land Use /zoning designation of TODD 4 +4, even with the current conditions of six- stories, is not compatible with the scale (height) of adjacent properties. The proposed increase in residential density increases the deficiency of city recreation facilities. • The impact on the local schools resulting from the proposed increase in residential density has not been adequately addressed. • Expansion of the TODD 4 +4 land use /zoning designation may ultimately lead to over- development with respect to the traffic impact, which would adversely affect residential neighborhoods. • The proposed land use /zoning change is not compatible with many of the goals and objectives of the Comprehensive Plan, 2 Compatible With Hometown Plan In 1993 the City of South Miami created it's "Hometown Plan ". One of it's major thrusts was to limit buildings to four- stories, with certain arguable exceptions, in order to maintain a small town atmosphere. The possible exception area was limited to properties fronting Sunset Drive or SW 62 Avenue south of SW 70 Street and north of Dixie Highway; and if six or eight -story buildings were permitted, they should be designed with a sizable " step - back' terrace at the fourth floor level to maintain an agreeable street space and to not overwhelm pedestrians or neighbors. The purpose given for creating the exception area was: "By increasing the permitted height to six or eight stories in certain circumstances with special conditions, the development attraction and the tax base could be enhanced." In 1997 the Transit- Oriented Development District (TODD) was established without the ability to require special conditions as needed. The proposed land use /zoning change to expand the TODD 4 +4 district, and the existing TODD 4 +4 district, is not compatible with the "Hometown Plan" because (1) the reasons given in the "Hometown Plan" Area 2 for allowing six or eight -story buildings, in a confined area, do not exist anymore, (2) given the confined area and existing buildings of four - stories or less, taller buildings cannot be reasonably-fitied into the area, (3), buildings taller than 4- stories are not consistent with the building design principles given in the "Hometown' Plan" area 2. 1. The reasons given in the "Hometown Plan" Area 2 for op ssibly allowing six or eight- story buildings, in a confined area, do not exist anymore. One reason was to enhance the development attraction. Renovation and new construction of buildings of four- stories or less has greatly improved this area, and special incentives to attract further development are not needed. The second reason given for allowing taller buildings was to enhance the tax base. Increasing the building height by a few stories, for a few buildings, cannot increase the tax base enough to have any appreciable effect on property tax rates. Theoretically, if a larger area near the metorail were redeveloped with taller buildings, the tax base could be significantly enhanced. However, this over - development would adversely impact the aesthetics of the area, public facilities, and the quality of life in the nearby single- family neighborhoods. This would be a' bad trade -off. Hence, the major concern should be that all buildings are of high quality, are physically compatible with adjacent and nearby buildings, and beautify the community. In the case of the subject property, this is best achieved by a four -story limit. 2. Given the confined area, existing buildings of four - stories or less, and need to step down building heights gradually to be compatible with the low -rise residential area to the north; buildings taller than four - stories simply are not physically compatible with the area. The distance between Sunset Drive and the existing low -rise residential properties along 69 Street is only three blocks, and the area already is largely built out mostly with buildings 4- stories or less. Most of these buildings are relatively new, currently being constructed, or recently renovated. 3 It has been pointed out by City Staff that a subcommittee of the City's Zoning Task Force has had preliminary discussions on expanding the TODD Zoning district to include additional, blocks including the property concerned in this applicatiort. It should be recognized that many citizens, including the South Miami Homeowners Association (SMHA), are opposed to this proposed zoning change because the possible harmful effects caused by TODD zoning is greater than any possible beneficial effects. The SMHA is working to get an initiative on the February 2002 Ballot to limit building heights throughout the Hometown District to a maximum of 4- stories. 3. Buildings taller than four - stories are not consistent with the three design principles for buildings given in the "Hometown Plan" Area 2. The first is included with "Neighborhood Design Principles ", page 10, and states: "Compatible building types should face one another across the street. Buildings should be placed along their streets consistently to create harmony." The second is included with "Architectural Design Principles ", page 11, and states: "The position and proportion of the building in relation to the public space is far more important than the uses inside it or the style of its architecture'. The third included with "Building Height," page 15, and states: "First, there is concern about maintaining a human scale. Four story buildings'atong the street create an agreeable street space and do not overwhelm pedestrians or neighbors." The best consistency with these design principles is achieved by maintaining a four -story limit. In the case of the subject property, the proposed six -story building would over -whelm the narrow, two -lane streets on all four sides; and the two -story zoned properties on two sides. Compatible With Adjacent Properties In the City of South Miami Comprehensive Plan, Future Land Use Element, Goals, Objectives and Polices; Policy 1.1.2 states, "In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant." In order to assess the physical (building heights) compatibility of the proposed development with adjacent properties, standards must be established. These standards are given in the Comprehensive Plan and the Hometown Plan. Goal 1 of the Future Land Use Element of the Comprehensive Plan is, "To preserve and enhance the City's small town character, especially the quality of life in the existing single- family residential neighborhoods. Buildings taller than four- stories generally are not consistent with a small town character, and the two reasons given in the "Hometown Plan" Area 2 for possibly allowing taller buildings in a confined area, no longer exist (see the previous section of this letter). Building design principles are given in the "Hometown Plan" Area 2. The first is included with "Neighborhood Design Principles", page 10, and states: "Compatible building types should face one another across the street. Buildings should be placed along their streets consistently to create harmony." The second is included with "Architectural Design Principles ", page 11, and states: "The position and proportion of the building in relation to the public space is far more important than the uses inside it or the style of its architecture." Hence, the Hometown Plan places the major emphasis 4 on creating a physical harmony with the street space and surrounding buildings, rather then on creating the largest building space that can be fit into an area. Similar guidelines are given in the Modern Architectural classic, "A Pattern Language," whose principles have been used extensively in the planning of small cities and towns. In Pattern 21 it is stated, "In any urban area, no matter how dense, keep the majority of buildings four stories high or less. It is possible that certain buildings should exceed this limit, but they should never be buildings for human habitation." In Pattern 96 it is stated, "Do not let the height of your buildings vary too much from the predominant height of surrounding buildings. A rule of thumb: do not let your buildings deviate more than one story from surrounding buildings. On the whole, adjacent buildings should be roughly the same height." It has been pointed out by City Staff that a subcommittee of the City's Zoning Task Force is considering to expand the TODD and allow adjacent building heights to transition as much as four- stories, such as from eight to four- stories. Such a proposal is arbitrary and inconsistent with both the Comprehensive Plan and the Hometown Plan. For the subject property, the proposed six -story building is not compatible with adjacent properties because (1) it is not compatible with existing adjacent buildings and (2) it is not compatible with existing adjacent zoning districts. 1. An increased building height to six - stories is not compatibre with the existing, adjacent properties. _ To the east is a one -story Post Office. To the west is a parking lot, then a two story building. To the north is a two story condominium complex. To the south is a four -story hotel, a one story building at the corner of SW 70 Street and SW 59 Place, and a one -story building at the corner of SW 70 Street and SW 61 Avenue. Hence, the subject property is bordered mostly by one and two-story buildings on three sides and four -story buildings on one side. A three -story limit is compatible with existing, adjacent properties 2. An increased building height to six - stories is not compatible with the existing, adjacent zoning districts, as shown on the City of South Miami Official Zoning Map. The subject property is presently zoned Medium - Intensity Office (four -story maximum). The property to the east is zoned TODD Mixed Use 4 (two -story maximum). To the west is zoned Hospital (four -story maximum). To the north is zoned Low Density Multi- family Residential (two -story maximum). To the south is zoned Medium- Intensity Office (four -story maximum). Hence, the subject property is bordered on two sides by zoning districts with a maximum height of four- stories, and on two sides by districts with a maximum height of two - stories. A four -story limit is compatible with existing, adjacent zoning districts. lmPact on Public Facilities The impact of the proposed development -on public facilities are discussed below. However, if the possibility of the City's Zoning Task Force recommending expansion of the TODD 4 +4 district is used to justify this application; the impact on Public Facilities 5 from the entire rezoning area needs to be accessed, rather than just the site subject to this application. Park/Recreation Facilities: A review of the Recreation and Open Space Element of the South Miami Comprehensive Plan was done. A copy of this review is attached. The findings are that current park acreage and some facilities are likely deficient. Hence, land use /zoning changes that result in increased residential density may not be appropriate. Schools: The proposed land use /zoning change will increase the impact on local schools. - The impact needs to be assessed for the scenario that the residents of the building are working families rather than students, because that could be the case someday. This should be done before decisions about land use /zoning changes are made. It is unacceptable that our local schools become even more over- crowded, or that local students cannot attend local schools. if the local schools are expanded, the City loses recreation land. It would be a devastating loss if part of Palmer Park is lost due to expansion of South Miami Middle School. Land use /zoning changes that allow additional high- intensity multi - family development may not be appropnaW Traffic /Streets: The subject property is not adjacent to the existing TODD (MU -5) zoning district. Hence, the requested land use /zoning change of -the `subject - property must be viewed as part of a larger expansion of TODD (MU -5). As this zoning district is enlarged, the uncertainties concerning the ultimate traffic impact get larger because it cannot be known how many buildings will eventually be developed or redeveloped to the higher TODD intensity. Therefore, it cannot be known what the ultimate building intensity or mix of uses of the area will be, or what the ultimate traffic impact will be. The TODD (MU -5) district, and especially an enlarged district, may lead to over - development with respect to the ultimate traffic impact, which would adversely impact residential neighborhoods. The traffic impact is especially significant because the residential neighborhoods just west of 62 Avenue, between US -1 and 64 Street, are currently being studied for traffic calming because of a large amount of cut- through traffic. Compatible with Comprehensive Plan The proposed land use /zoning change is not compatible with many of the goals and objectives of the Comprehensive Plan. Future Land Use Element Goal 1: To preserve and enhance the City's small town character, especially the quality of life in the existing single - family residential neighborhoods. Comment: The term "small town character' is never formally defined in the Comprehensive Plan. However, attributes of it are mentioned throughout the Hometown and Comprehensive Plans, and include: human scale buildings that create an agreeable street space and don't overwhelm pedestrians and neighbors, buildings 6 proportioned in relation to the public space and adjacent buildings, buildings and streetscapes that function as people- friendly space and encourage pedestrian movement, development that transitions well to low rise residential neighborhoods, few four -lane streets and no future street widening, manageable traffic that does not intrude on residential neighborhoods, adequate open space and recreation facilities for the residential population. The proposed land use /zoning change should not be approved because in some respects it will do harm the City's small town character. The "Hometown Plan" area 2, page 15, states "The City should allow exceptions to its four -story height custom only for buildings that are exemplary in all other respects." Policy 1.1.2: In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. Comment: Noncompliance with this policy was discussed in this letter under the heading, "Compatibility With Adjacent Properties. Policy 2.1.4: Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail transit station by creating a district for "new growth which is contained and transit - oriented, thereby relieving the pressure for commercial rezonings outside of this core area. Comment: The subject property should not be given a land use /zoning change to be included in the Transit- Oriented Development District, for all of the reasons given in this letter. However, it is notable that the present zoning of Medium- Intensity Office promotes this policy better than the proposed apartment building with some office space. Goal 3: To achieve a tax base adequate to support a high level of municipal services via increased mixed -use projects and flexible building heights in conjunction with a Transit- Oriented Development District (TODD). Objective 3.1: Achieve over the next five years an increase in the tax base through new development and increased property values. Comment: As discussed in the "Compatible With Hometown Plan" section of this letter, increasing the allowable building height of a few buildings near the metorail station has little capacity to enhance the tax base or lower property tax rates. it makes no sense to harm the small town character of the City, to possibly save homeowners a relatively small amount in property taxes. There is allot of capacity for development within a four -story limit in the "Hometown District", on both sides of Dixie Highway. Special incentives of allowing additional building height are not needed, as evidenced by the renovations and new buildings currently under construction. The major concern should be that all buildings are of high quality that enhance and beautify the community. Policy 3.1.4: Create a Transit - Oriented Development District within walking distance of the Metorail transit station to permit new development in a bounded and delimited core area, including provisions for mixed -use projects, flexible building heights and incentives to promote redevelopment. The City of South Miami encourages development and redevelopment in the Transit- Oriented Development District. Existing streetscape widths along S.W. 62 Avenue and Sunset Drive will permit increased building heights that are aesthetically- pleasing. The City encourages transparent street -level retail with a mix of retail services, office use, office services and residential uses in mixed -use and multi -story projects, as well as encouraging a district -wide mix of land uses via multiple projects. Comment: The Transit - Oriented Development District (TODD) is supposed to be in a bounded and delimited area, and that area is supposed to be only along a portion of Sunset Drive and 62 Avenue that have wider streetscapes to accept buildings taller than four - stories. Although, it can be argued that eight -story buildings fronting these streets is not aesthetically pleasing as evidenced by the eight -story building at Sunset Drive and 59 Place, and the seven -story building at 62 Avenue and 7b 'street. The area is also confined to a small area to prevent over - development that would adversely affect public facilities and quality of life in near -by single - family neighborhoods. The subject property does not front Sunset Drive or 62 Avenue, but is -bounded by narrow two -lane streets on all four sides. The subject request and any other proposals to expand TODD is not compatible with this policy. Housing Element' Goal 1: To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. Comment: This goal can be accomplished with the current land use /zoning designations and four -story limit. Traffic Circulation Element "Future Land Use Plan Implications" (page54): Since the Land Use Plan calls for a reduction in land use intensities (particularly commercial), no significant increase will occur in traffic generated by South Miami. The principal goal of the land use plan is to avoid the adverse impacts that accompany street widening. Comment: The City recently reduced.the development intensities of the Downtown areas to protect the residential neighborhood character of South Miami. The residential neighborhoods were being threatened by a high level of traffic filtering through adjoining neighborhoods and the possibility of street widening (Comprehensive Plan, page 8, Downtown). It makes no sense to enlarge the TODD (4 +4) land use /zoning district as is currently being proposed. There is no way to predict what the final building density will be because it is not known how many buildings will be redeveloped with the higher TODD intensity. Hence, there is no way to predict the ultimate traffic impact from the TODD. Recreation and Open Space Element Policy 1.1.1: Retain the existing park* acreage and facilities, thereby providing a level of service standard of 4 acres per 1,000 population. See Table 6 -3 for facility standard guidelines. *Includes City and School Board recreation acreage. Comment: Both the acreage and some facility standards are presently deficient. Hence, land use /zoning changes that allow more high intensity multi- family residential developments are not justified. Recommendations 1. The proposed future land use /zoning change to TODD(4 +4), with the present conditions, should be denied. if a residential development is desired at this location, then zoning change to Medium Density Multi- family Residential, which has a four -story limit, may be more appropriate. 2. If the future .land use /zoning change is to be granted, the building should be more strictly conditioned to be compatible with the adjacent buildings and streets, although this would require the present four -story limit. The conditions on the building should be explicitly nailed down such as the number of stories, height of building and residential density. In other words, be sure that only minor architectural changes can be made after land use /zoning changes are approved. 3. Revise the TODD as follows: have a four -story limit for the existing (MU -5) zones; possibly allow the existing (MU-4) zone, south of 70 Street, to be rezoned for four- stories; possibly allow the southern half of the existing (MU-4) and (LI-4) zoned area, ,between SW 68 Street and 70 Street, to be rezoned for four- stories. There are also a few one -story buildings within the existing (MU -5) zone that could be redeveloped. Hence, there is room for growth in the area, while creating an environment where buildings are compatible with each other and the street - space, and not creating zoning_ districts that could one day lead to over- development of the area. l Jay F. Beckman 6520 SW 65 St South Miami, FL 33143 July 2001 REVIEW-OF SOUTH MIAMI COMPREHENSIVE PLAN, RECREATION AND OPEN SPACE ELEMENT Summary As mandated in Appendix A -6 of the South Miami Comprehensive Plan, a review of the Recreation and Open Space Element of the Comprehensive Plan was completed. A thorough and reasonable assessment shows that current recreation acreage and facilities are likely deficient. Compliance with Objectives and Policies Policy 1.1.1 states, "Retain the existing park* acreage and facilities, thereby providing a level of service standard of 4 acres per 1,000 population. See Table 6z3`4"or facility standard guidelines. *Includes City and School Board recreation acreage. Tables 6 -1, 6 -2 and 6 -3 from the Comprehensive Plan are attached and have been corrected to reflect current conditions. Corrections made to Table 6 -1 include the following: at .South Miami Field eliminated six tennis courts because they don't exist, reduced number of playing fields to the number of games that can be played at any time, reduced the basketball courts to 3.5; at Murray Park reduced playing, fields to the number of games that can be played at any time; at Williamson park eliminated the tennis courts because they don't exist; at Brewer Park reduced the basketball court to one -half because there is only one basket and the court size is less than half-court; eliminated the S. Martin Community Center because this building is being used as office space added Open Space Park which is being developed. Corrections made to Table 6-2 include the following: at Ludlum Elementary School the acreage has been reduced because of school expansion; the Girl Scout Little House was eliminated because it is a privately owned property with limited access to a very small portion of the city population; inclusion of the YMCA property is questioned because it is privately owned property (not City or School Board recreation acreage as described in Policy 1.1.1), and has more limited public access than City or School Board recreation property. It can be seen on the attached Tables 6 -1 and 6 -2, that if the YMCA property is included that there is 4.97 acres of recreation acreage per 1000 population; and that if the YMCA is eliminated that there is 4.06 acres of recreation acreage per 1000 population. I However, an examination of the northern portion of the city (see attached map) shows that the YMCA and Fairchild Elementary are surrounded by large areas of County residential areas. In fact Fairchild Elementary is not included within the city borders. If all of the residential areas north to the YMCA and Fairchild Elementary were annexed into the city, even with the YMCA included, recreation acreage would likely be deficient. If the spotty residential areas to the extreme north were deannexed to even out the city border, than both the YMCA and Fairchild Elementary are lost and recreation acreage again is likely deficient. Also, there is interest in annexing property south of the city, which contains no recreation acreage, further making recreation acreage deficient. It can be seen on the attached Table 6 -3 that with infill annexation, the number of tennis courts and football /soccer fields could be deficient. Recommendations 1. Address how adequate parkland and facilities will be achieved given that the YMCA is private property and does not fit the definition for parkland as given in the Comprehensive Plan, and the likelihood of annexation or deannexation to smooth out the northern border of the city. 2. Do not allow any more large scale multi- family developments that will further overload the area schools and recreation facilities. The loss of part of Palmer Park due to expansion of South Miami Middle School would be devastating to recreation in the city. 3. Although opportunities are limited, add passive park/green space areas whenever possible, including in the downtown area. 4. Design and construct a city -wide sidewalk/bikepath system with tree lined streets to allow recreational walkers, runners and bikers to move throughout the city. 5. Lobby Miami -Dade County to construct a tree- shaded multi -use recreation path along the abandoned railroad tracks that run along the western boundary of the city. d! Q a } 2 � Q p d N u. 0 m U ti! Z E H U m Y } rn c � J E � m � O � c a cc m j o U (n m } � O U C O m � M 0 LO U O c V m ci C O 0 �lo..+.>..r .� N r' M CL V m U (Y N tt w m O. 4t 3 U L ti a.'i Ln 1� Y 0 C N m Q V m m CD CN 7`12 C F- U O rA R IL Q 0 a Q } } >- r LO X N QS to Q 111 ,In 117 If') +L Qy rn r� LO m ri o Y L m V m_ QL. Y LL E A. Y `m C m Y f0 LL C U a m 'c Em N « 3 ry. 7 N. C O U LL m I r rn rn c Ln E � m � O � c a cc m j o U (n m � O U � M 0 LO O c V m ci 0 �lo..+.>..r C Fro,-, y Table 6-2 QUASI- PUBLIC PARK AND RECREATION FACILITIES, 198 7 SERVING TIRE CITY OF SOUTH MIAMI Activities & Facilities Facility Name Size BB SF PG CMP Ludlam Elementarq School'``ac. South Miami Elementary- School 4.0 ac. -- X1 Fairchild Elementary- School 3.2 ac. -- LZ XA- JRE Lee Comm. School 1.5 ac. _Xx __ X1 YMCA C9.6 ac.' LL XX 1Z -- Girl Scout House —3—— T r 6, r,,. C , -- Xx 61:1' Note: BB--Basketball. SF= Softball. PG--Playground. CMP= Camping. Source: South Miami Recreation Department. James Duncan and Associates. Fro Olh i ve Table 6 -3 (1995) LEVEL OF SERVICES, CITY RECREATION FACILITIES, 1995 CITY OF SOUTH MIAMI 1987 National Service Facilities Standard 1995 City Level of Service Basketball Courts 1/5,000 residents -- Tresidents 1 //f %S O Tennis Courts 1/1,500 residents -4466-4-residents l j( 3 o Playing Fields 1/7,500 residents +f17M residents Tot Lots 1/15,000 residents ���,�� jz�1} 1/3,557 residents ia�cu Community Parks 1/25,000' residents 1110,518 residents- J cc- Neighborhood Parks 1 Ac. /1,000 residents 3 Ac. /1,000 residents Source: City of South Miami Recreation Department, 1995. Brian T. Soltz, City of South Miami 1995. YMC 4 ��=, F4.'4; Id CAL- ��ono� L, 10TH ST. - �"��c MIY ►�.JU� ]000 � = S� ! f f X. °U� sourH MIAMI 567 f la 64T f +di 72NI nst OTF avl: Jay F. Beckman 6520 SW 65 Street South Miami, FL 33143 July 10, 2001 South Miami Planning Board Richard Lorber City of South Miami 6130 - Sunset Drive South Miami, Florida 33143 Dear Planning Board, This letter concerns the Comprehensive Plan Future Land Use Map Amendment: Shoal Creek Properties (Item:LPA -01 -001). 1 would like to point out a few large and significant errors in information given in the document titled; "Public Facilities Impact Report and Analysis of Comparable Projects." On page one it is indicated that the height of the Villa Hotel and office building next to it are 54 feet, and on page eleven it is indicated that the height of the Metrorail parking garage and Larkin Hospital, both located along SW 70 Street, are 92 feet. I have recently measured the height of all four of these buildings to be approximately 50 feet. The proposed 60 foot building on the subject property would be the highest building in the area north of Sunset Drive and east of 62 Avenue, except for the eight story building at Sunset Drive and 59 Place. Sincerely, 6� F &44� -, Jay F. Beckman SOUTH MIAMI HOMEOWNERS ASSOCIATION July 10, 2001 South Miami Planning Board Richard Lorber City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Planning Board, This letter concerns the requested change in the future land use category of the vacant site, located at the northeast corner of SW 70 Street and $W 61 Avenue, from the Mixed -Use Commercial Residential (four-story height) to the TODD District category (flexible height up to eight stories). The SMHA is opposed to the proposed land use /zoning change because it is not consistent with the Hometown Plan or the Comprehensive Plan, and could have an adverse impact on some public facilities; as detailed in a letter to the Planning Board from Jay F. Beckman, one of our directors. C.5ev J,0ne- , �� ��p/� 60 In order to preserve the quality of living for the citizens of South Miami, we request that you 'recommend against this request for an amendment to the City's Comprehensive Plan. Sincerely, SMIA, P.O. Box 432756, South Miami, FL 33143 DRAFT v CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 10, 2001 City Commission Chambers 7:30 P.M. I. Callao 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 performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Juan Comendeiro. Board member absent: Mr. Mann. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Local Planning Agency: Public Hearings LPA -01 -001 Applicant: Shoal Creek Properties L.L.0 Request :CONSIDERATION OF AN APPLICATION TO AMEND THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL (FOUR -STORY HEIGHT) CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY (FLEXIBLE HEIGHT UP TO 8 STORIES) ON A 2.8 ACRE VACANT SITE, SAID PROPERTY BEING LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70" STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. THE PURPOSE OF THE APPLICATION IS TO ALLOW FOR THE FUTURE CONSTRUCTION OF A RENTAL APARTMENT BUILDING. Planning Board Meeting July 10, 2001 Action: Mr. Illas read the request into the record and Mr. Lorber presented a summary of the request where the applicant is requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential apartment building, designed to cater to the University of Miami students and young professionals who would welcome the convenience of the easy access to Metro -Rail and to most necessities within walking distance. The above- referenced amendment will change the site's Future Land Use Map category to the "Transit- Oriented Development District (TODD)" category. The main factor in this would be a switch from a primarily office /commercial designation to a residential designation, Mr. Lorber added. Also, the proposed amendment is consistent with important goals and policies of the City, such as: assuring availability of affordable housing; encouraging mixed -use residential multi- family projects in the Rapid Transit Zone; as well as discouraging urban commercial sprawl by promoting growth in the area surrounding the Metrorail transit station. The Board expressed some concern about setting a precedent with the expansion of the TODD zone, but staff explained that the Zoning Task Force has been discussing this issue in recent meetings, looking at the TODD in general, and is planning on recommending a moderate expansion in that district. It was also clarified by staff that this hearing was for the purpose of considering a map change only, not for considering specific site development regulations. The Board and staff also discussed the amount of stories that should be allowed, as well as the traffic issue. Mr. Lorber noted that. a detailed` traffic study had been submitted by the applicant. Applicants: Joseph Goldstein, James Harris, Michael Getz (Shoal Creek Properties) Mr. Goldstein provided a detailed visual / verbal presentation of the proposal. The Board inquired about which lot size measurement (gross or net area) is used to determine F.A.R (floor -area ratio). Mr. Goldstein referred to the City's zoning code for explanation. The Board inquired as to the square footage size of the dwelling units. The applicant's representative responded that the average size will be 930 s.f. with the highest being 1,130 s.£ (for the 3- bedroom unit). Mr. Lorber emphasized that all those details will be covered in the zoning application. The Board also raised concern regarding the height of the building which appears to them to exceed the maximum height allowed by code. Staff explained that some ornamentation above the roof may give the appearance of a higher structure but it is not counted as part of the height. Mr. Lorber informed the Board that the applicant would be required to go before the Environmental Review & Preservation Board (ERPB) for the ornamentation phase of the project. The Board expressed concern regarding this project as it would contribute to consume the valuable resources of the few' vacant land existing in the City, and the fact that no provision was being made to provide affordable housing. Staff noted that renting is much more affordable than purchasing and a large scale of the population could benefit from the project. 2 Planning Board Meeting July 10, 2001 The Board further inquired about the relatively small percentage of space designated for retail presented with the proposal. The applicant's representative noted that there were various issues involved such as security issues, possible lack of tenants, and that they would be bringing more information on this issue at their next presentation. Before opening the public hearing the attorney noted there was no need for the speakers to be sworn in since the following would not be a quasi-judicial hearing. Speakers: (residents in support of the proposal): Cal Rosenbaum, 6101 Sunset Pi Joe C. Michael Miller, 6796 SW 62nd St Bill Enright, South Miami Hospital Christopher Cook - Yarborogh, 6800 SW 64th Ave Luciana Barreto, 5959 SW 71" St Charles Fostini, 5900 SW 82nd Dick Ward, 8325 SW 62nd Ct David Tucker, Sr., 2556 SW 78th Ter Roxanne Scalia, 6925 SW 63rd Ct Al Elias, 7150 SW 62nd Ave Greg Oravec, CRA Director (residents against the proposal): Walter Harris, 7100 SW 64th Ct Francis Meltzer, 8340 SW 60th Ave Dean Witman, 6259 SW 70th St Mark Radosevich, 5703 SW 83rd St Mario J Salazar, 7030 SW 63rd Ct Ida Harris, 7100 SW 64th Ct Gus Williams, 7000 SW 63rd Ct In summary, residents who spoke in support of the proposal, felt that the construction of a primarily residential apartment building would be beneficial to the City, since it would enhance the area, create a safer environment, particularly at night, and definitely be much better than having an office building. They also favor the idea of having accessible retail in the proposed area. For those residents who spoke against of the proposal, the majority expressed concern about over development within the City, and also preferred a four -story as opposed to a six -story building. Mr. Goldstein returned to the floor and recapped his presentation, assuring those present that the applicant will be working with the City with the details of the proposal as part of the rezoning process, which should be back before the Planning Board at its August 14th, 201,01 meeting. Motion: Mr. Comendeiro moved and Ms. Gibson seconded the motion to approve the request to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the Future Land Use Category from the Mixed -Use Commercial Residential (four -story height) category to the TODD, Transit Oriented Development District category (flexible height up to 8 stories); the approval to be subject to the following staff recommended conditions: N Planning Board Meeting July 10, 2001 Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: • maximum number of dwelling units 300; • maximum height of structures on the site —6 stories (60 feet); • maximum floor -area -ratio —2,25; • minimum of 10,000 sq. ft. of retail / commercial space to be located along the ground floor of the S.W. 59th Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading (final adoption) of this Comprehensive Plan Land Use Amendment. the approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. Vote: Approved 5 Opposed 0 LPA -01 -002 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff presented the item emphasizing the need for this amendment which will help the City to score much higher on competitive applications for grants that will be used in the acquisition of recreation and open space facilities, preserve and protect native species, and encourage the creation of greenways and trails. Speakers: Joe C. Jay Beckman The Board and staff briefly discussed the request. Staff advised that time is of the essence on the proposed amendment due to a deadline in November of this year in order to qualify for the competition of these grants offered by the State. Staff also explained that these amendments are not intended to revise the entire element. The Conservation and Recreation elements are revised once every five years and the process is called EAR (Evaluation and Appraisal Report). M Planning Board Meeting July 10, 2001 Mr. Beckman addressed the Board and staff that during research for the previous LPA -0I - 001, he found discrepancies in the Comprehensive Plan having to do with public facilities, etc. Mr. Lorber accepted his suggestions stating that these will be addressed at a later date. Motion: Mr. Comendeiro moved for approval of the request and Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 At this point Mr. Morton closed the Local Planning Agency agenda and called the Planning Board to order. IV. Planning Board : Public Hearings Mr. Morton announced that item PB -01 -011 (Corporate Property Services) on the agenda would be deferred at the request of the applicant. PR_(11 -(11(1 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES, IN ORDER TO EXEMPT RESTAURANTS LOCATED ON US 1 (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE_ Action: Mr. Morton read the request into the record and staff presented the item. Speakers: David Tucker, Sr. Ricky Warman The Board and staff discussed the proposed amendment. Mr. Lorber explained there is a provision of the City Code which requires a minimum distance between an establishment selling alcoholic beverages and residential property, churches, and schools. The distance is five hundred feet. However, this provision also exempts restaurants facing Bird Road. The amendment would extend this exemption for all restaurants located on properties facing US 1. The issue of setting. a precedent as for other fast food establishments to sell alcoholic beverages was also discussed. Motion: Mr. Morton moved approval of the request subject to the inclusion of wording limiting this exemption only to restaurants with consumption on the premises. Mr. Liddy seconded the motion. Vote: Approved 5 Opposed 0 5 Planning Board Meeting July 10, 2001 . V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of May 29, 2001 with an amendment to item PB -01 -004 (AT &T Wireless Services). See attached Revised Page 2 of May 29, 2001 minutes. Vote: Approved 5 Opposed 0 VI. Discussion Items, There were no discussion items. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:30 PM. Ql�' RGL /mmm K: \PB\PB Minutes\2001 Minutes\MINS 07- 10 -0Ldoc 0 Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY, (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PI ". PUBLIC / INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, due to the above concerns, staff had recommended denial of the request. Representatives:. Aldo Bustamante, Charlie Adams and Larry Lotterman ( Lotterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal. The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for a five- minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42nd Terrace Martha Cruz, 5801 SW 42nd Terrace Manuel Lopez, 5990 SW 44`" Terrace Speaker: (for YMCA) Mark Thompson (Revised) NOTE: New wording underlined F SATURDAY, JULY 14, 2oo1 -.The Herald .`5B v .CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE' PLAN AMENDMENTS NOTICE OF PUBLIC HEARING All interested persons are hereby notified that the City Commission of the City of South Miami will conduct a public hearing at its regular City Commission meetingg scheduled for Tuesday, July 24, 2001 beginning at 7:30 PM in the Cli Commission Chamber City Hall 8138 Sunset Drive, to considder the following c�escrlbed ordinance(s): (A) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE HEIGHT UP TO 8 STORIES) ON A"2.8 ACRE VACANT PROPERTY BEING LEGALLY DESCRIBED AS LOTS 1 1 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON 1 BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STR ON THE WEST BY SW 61ST AVENUE:. THE PURPOSE APPLICATION IS TO ALLOW FOR THE FUTURE CONST OF A` RENTAL APARTMENT BUILDING. y () - - it -- =� Ti' ? i i Location Map: Proposed Amendment (B) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE FLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF ND POLICIES PLAN BY LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR .ORDINANCE IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances can be inspected in the City Clerk's Office, Monday- Friday during regular office hours. Inquiries concerning this item should be directed to the Planning Department at 305 -663 -6326. All interested parties are invited to attend. Ronetta Taylor, CMC City Clerk Ci ty of South Miami Pursuant to Florida Statutes 286.10105, 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 he r p oceedings, and that for such ppurpose, affected person m need to ensure that a verbatim '10 -7 of the proceedings is nide which record includes Ie testimony and evidence upon ch the appeal is to be based Public Facilities Impact Report and Analysis of Comparable Projects Introduction IR____ LAC -LEDMIS JUN 2 2 2001 Planning Department This application for an amendment of the City of South Miami's Comprehensive Plan was originally submitted in July 2000, by Greenberg Traurig on behalf of JPI Apartment Development, L.P. A revised application was submitted on February 14, 2001. A second revised application was submitted March, 2001, As described in this narrative, the proposed project remains essentially as envisioned in the original (July 2000) application. The primary changes from the original application are as follows: • The developer is Shoal Creek Properties, LLC. • The total area of the parcel has been recalculated and increased from 2.68 acres to 2.82 acres. • The proposed commercial /office space is increased from 3,000 square feet to approximately 10,000 square feet. The proposed number of dwelling units remains at approximately 306 units. The purpose of this section of the revised application is to provide information and analysis supporting the proposed comprehensive plan amendment designation from "Mixed -Use Commercial Residential to "TODD (4 +4) Story" for the parcel (the `Parcel "). Included in this section is an analysis of the potential impacts the approved versus proposed designations might have on public facilities and services. This section also presents examples of comparable projects in South Florida and a discussion comparing the proposed designation to policies in the City of South Miami Comprehensive Plan (March 7, 2000). As now proposed, the boundaries of the Parcel are SW 69 Street to the north; SW 59 Place on the east; SW 70 Street to the south; and SW 61 Avenue to the west. The Parcel is currently vacant and is surrounded by avariety of land uses— residential, public and institutional, and commercial (see figure 1). Directly to the 'north, across SW 69 Street, is a large, fenced Community Redevelopment Housing complex of two -story, multi - family condominium buildings widely spaced among landscaped areas with large trees. To the east, across SW 59 Place, is a two -story, block -long, U.S. Post Office. To the south, across SW 70 Street, is a sequence of commercial buildings: two one -story office buildings dominated by two four -story office buildings, approximately 54 feet in height and the back of The Hotel Villa (also four stories and approximately 54 feet high, plus roof -top space) with a parking garage entrance. To the west is a parking lot for employees of Larkin Hospital, which is visible beyond. The Parcel is located in the City's Community Redevelopment Area and is also adjacent to the City's Redevelopment and Infill District on the east and south. The bikeway path along SW 70 Street is immediately south of the Parcel. City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 1 Legend Figure 1 OSingle- Family Residential OEducational 0 Duplex Residential ®Public & Institutional 171 Townhouse Residential ■Parks & Open Space Existing Land Use Map Multiple- Family Residential 0Vacant Land City of South Miami <# Mixed -Use Commercial Residential MWater MCommercial Retail — - Property Boundary Q ❑ Commercial Office Not to Soal® Filename: w/2000 -16 South MiamdComp Plan /060601.existing land use map.Option2 Source: February 1996 City of South Miami; The Curtis& Kimball Company January 2001 The Comprehensive Plan's New Future Land Use Map designates that the Parcel will be bounded by Multi - Family Residential to the north; Transportation Oriented Development District (TODD) to the east; Commercial Retail and Commercial Office to the south; and, Mixed -Use Commercial Residential to the west (see Figure 2). Public Facilities Impact Assessment When compared to the designated use, this amendment will create additional impacts to water, sewer, solid waste and park facilities in the City of South Miami, yet the proposed use will have less impact to P.M. peak hour traffic (see Tables 1 -5). For comparative purposes, generation/ demand rates for each of the public facilities, given maximum development under current land use, were calculated as follows: a) The Parcel area was converted to square footage by multiplying the acreage (2.82) by 43,560 square feet/acre. b) The resulting square footage (122,839 square feet) was multiplied by the floor area ratio (FAR) of 1.6 for Medium-Intensity Office District (MO), the current zoning classification. c) The sum — 196,543 — was used in the calculations shown in Tables 2 and 4, Approved Designation Impacts, and in Tables 1A and 1 B. Table 1A provides a summary comparison of solid waste, potable water, wastewater and park level -of- service standards for the approved designation and the proposed designations, demonstrating that water, wastewater, and solid waste impacts would increase above the approved designation if the proposed amendment is approved. Table 1 B compares the number of trips currently approved with the maximum number of trips allowable under the proposed designations. Tables 2 -5 give more detail regarding each calculation. Please note that as now proposed, combined office and retail square footage totals 10,000. For the purpose of determining the maximum impacts possible, office and retail calculations were figured as if each were 10,000 square feet, and the higher impact for each infrastructure system was reported. As Tables 1A and 1 B indicate, the maximum impact on solid waste would result from all commercial space being utilized as retail, while the maximum impact on water, wastewater, and P.M. peak hour traffic would result from all commercial space being utilized by offices.. Preliminary information from the Miami -Dade County Water and Sewer Department suggested that a fire -flow test needed to be performed on the existing 8 -inch water main located in SW 59 Place and SW 69 Street before water and sewer availability could be determined. The main was tested on June 23, 2000 and demonstrated an available flow greater than 2,000 GPM. Therefore the main passed the fire -flow test. Water connection can be made from the property to a'12 -inch water main to be installed westerly in SW 69 Street to SW 61 Avenue, followed by installation and connection of a 12 -inch water main southerly in SW 61 Avenue to SW 70 Street, and interconnection to an existing 8 -inch water main in SW 70 Street. The County also owns and operates an 8 -inch gravity sewer main located in SW 69 Street and SW 59 Place and abutting the northern boundary of the site. The Applicant can connect to this gravity main, provided that there is sufficient depth,,and that there are no obstacles that would preclude construction of the sewer. With regard to solid waste, the Miami -Dade County Department of Solid Waste Management does not measure waste disposal capacity utilization on a case -by -case basis. Instead, the adequacy of capacity is evaluated on a system -wide basis in terms of existing waste delivery commitments from both public and private sector waste haulers. The Applicant is coordinating this issue with the Department of Solid Waste Management. City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 3 a>aDc10 z =o5 , m o 3 —co coo 3 O w Q m cu 3 E cL EN =a�6i Co w X n. E y, ) (D owe 0) = o- a) CD a) '0mEQ o =c�E 0-._ i�— muZE 00B _ O CD X O . 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LU U) z a) 0 cu Cl) C5 FE 0 W p c 0 w :E (.C) w 0 I- I-- �R U') cli Co CL 0 � LOco LO 1p w CIA .0 x x UJ Ei - co LU 0 OR L co rl. : w w W C) t t I C: r_ I-- IL U) (0 Z 0 ui LO 04 LL 0 z U. (n CD 0 (n Lo in— + W LLJ _j CL p -j 0 < w z C13 C) r— W Z U) uj 0) Cl 0 w 0.0 w CL 'c o 0 0) N cm 't CL rn 0 UJ 2 IL -r� m 2 CL 1- tl >1 5z m x IL LU ti N C,4 a w U- U- U. z Cl) C5 0 CY) W p LU W O C' ) t 0 Co U 04 rl- 04 00 LU LU (n U) D D 70 z z C Q) � co 0 c 0 w :E (.C) w (A 00 U) (L 0 � co U� w CIA UJ .2 O C) CR 6 w w C) F cn (0 Z LU co (D w (n Lo co + 0. w W p w z U) uj LU Cl 00 IL o 't 0-6 0 w 2 CL = >1 5z 0. Lq w C,4 w U. Z 0 CY) LU W t 0 Co U' 04 00 LU U) D 70 z C Q) co c 0 w :E (.C) w Tables 4 and 5 separate the approved and proposed designation impacts for traffic, again calculated to show maximum impacts. P.M. peak hour vehicular trips would decrease under the proposed designation using either 10,000 square feet of office or 10,000 square feet of retail; The City of South Miami Comprehensive Plan LOS standards are based on number of persons. Therefore, the approved and proposed designations were converted into number of persons based on industry standard conversion rates as follows: • Office — 1 person per 250 square feet • Retail - 1 person per 500 square feet • Multi - Family Residential - 2.54 persons per household (City of South Miami Comprehensive Plan) For purposes of analysis, the approved use and square footage is based on the zoning classification for the site, Medium- Intensity Office District (MO) (see Figure 3). The City of South Miami has excess park and recreation facility capacity to serve the proposed project. At present, the City of South Miami has 57.6 acres of park and recreation facilities. The comprehensive plan LOS for park and recreation facilities is 4 acres /1,000 population. The city currently has a permanent population of 10,467 residents with an additional seasonal population of 2,577 persons, for a total population of 13,044 residents. Based on the adopted LOS, this population requires 52.2 acres of park and recreation facilities . Therefore, the city has 5.5 acres of excess park capacity. If the proposed designation attracts additional population into the city, up to 2.83 acres of park will be needed to serve the residents of the proposed project. After subtracting the 3.01 acres from the 55 acres of excess capacity, 2.39 acres of excess park and recreation facility capacity remains. Drainage impacts from both the approved and proposed designation must meet the level -of- service standards for both flood protection and water quality. Therefore, there is no difference in impact between the two developments on flood protection and water quality issues. The proposed project is intended and designed primarily as housing for students at the University of Miami. This type of facility is more comparable to a hotel - condominium use than to a residential- condominium use; student housing is usually short term and is not typically a primary homestead. It is anticipated that the majority of these residents will be unmarried and without children. Thus, it is anticipated that impacts on the public school system will be minimal. Joseph G. Goldstein, attorney for the Applicant, wrote to Ms Sally Osborne, Supervisor of the Department of Development and Governmental Affairs for the Miami -Dade County Public Schools, on July 27, 2000, informing her of this proposed project and requesting a statement of the project's impacts on public schools. Copies of Ms. Osborne's response, dated August 17, 2000, and a letter from her to Mr. Sub'rata Basu, the city's then - Planning Director, dated August 18, 2000, a copy of which was sent to Mr. Goldstein, are included as Exhibit 1. There are two restrictions governing maximum development in a Transit Oriented Development District (TODD), the proposed land use: building height (MU -5 -eight stories, maximum 100 feet) and density ( "as many units as may be permitted as can be provided with parking "). The City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 8 a ► • w Ji ` 7 ... a i f. • A [ v r s• Q 3� f'7 NEF f • - �. a �_ � C err w •• °�. .w H Yr 1 rA'RCf i S N ►s . J. .,.. IV M J JI •.• /�!- N f+ • ♦ a Y mar At u�p ., s .,.. " ; •• ' t .• �.a aii.= s� a 7. P •,�A( r ./• Y I. is •1 X .nl�, ; h�P K. •.• laI . u. _ r ;} y sr, 6, r, f i. ! S n •) l� •a _. _.Prp ►.t « «IM` r3 w t , 7yeVMStK OF t 3 a s 4 t � .w •• - r .a R a r a f Sr bw 4r „ ♦ � a a 104C7 / • }J FL t U• -/t C Jw7rr431rY CA }C: w . v f J rOACr / APACf i •� r r ♦fY Legend Figure 3 Property Bounds Zoning Map p y City of South Miami 0 Not to Scale Filename: w/2000 -16 South Miami/Comp Plan /060601.zoning map.Option2 Source: February 1996 City of South Miami; The Curtis & Kimball Company January 2001 The prevailing appearance of the neighborhood shows a low to medium range of building heights, from one story to multiple stories. The skyline includes the 92- foot -high Larkin Hospital, The Shops at Sunset and other substantial buildings. Looking down SW 70 Street and connecting to the neighborhood to the southeast, one sees the imposing architecture of the five - level, 92 -foot Metrorail parking garage that adjoins the elevated tracks. Close by, on Sunset Avenue, are the City Hall, public library, police station, and commercial outlets, including a bank and a gasoline station. The addition of several levels to the parking garage and additional retail in the immediate vicinity of the Metrorail station may result in further change to the future character of the neighborhood. The neighborhood, as described, is made up of a variety of land uses in close relationship. The project site is surrounded by this mix of uses, but can be viewed as a transition area between retail /commercial /office /hotel and lower density residential. The proposed building will be compatible with the neighborhood, both in appearance and function. The project will aid in the fulfillment of several planning goals to create a pedestrian- friendly, mixed -use neighborhood with generous off - street parking; conveniently located near offices and public services such as medical facilities, a library, police station and a hotel. The project will bring new residents to the neighborhood who will support the retail establishments and use the mas�tl;q sit system. Quoting from the City's Land Development Code, the purpose and intent of the TODD designation is "to encourage a mix of high density uses, specifically residential, retail and office uses." TODD encourages residential density by giving a bonus of onCadditional floor of residential use (with required parking) for every floor of residential use. TODD zoning does not specify floor area ratio (FAR). Instead, floor area minimums are established for efficiency /studio, one -, two- and three - bedroom apartments. The proposed project is not the maximum development scenario that can be designed within these restrictions. More apartments could be added. The project as configured is the maximum that is marketable. Comparable Projects Jefferson at Douglas Entrance, at the northwest corner of Douglas Road (37 Avenue) and Calabria Street in Coral Gables, is comparable to the proposed development. The project will have 224 units in 16 stories (height: 155 feet) on 1.6 acres. (See Exhibit 2.) This development will neighbor commercial buildings, one -and two -story single family homes, and small multi - family buildings. Considering the variety of land uses and architectural styles in close proximity, this project has similar neighborhood characteristics and contrasts of density and height to the proposed project in South Miami. Two developments elsewhere in South Florida are offered as additional comparable projects. Both are located in central, urban environments with Community Redevelopment Areas; and both have densities comparable to the proposed South Miami project: • Fort Lauderdale - NE 6th Street (Sistrunk Boulevard) between NE 2nd and 3rd Avenues. 2.27 acres; 226 units; 100 units /acre; 8 stories, 73 feet high. (See Exhibit 3.) • Jefferson at Young Circle, Hollywood- Van Buren Street between 19th and 20th Avenues, two blocks south of Hollywood Boulevard, one block south of Harrison. 1.76 acres (does not include 6 -story parking garage to be owned and operated by the city); 232 units; 132 City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 11 units /acre; range of building heights (3 -8 stories, stepping up to a height of 73 feet). (See Exhibit 4.) Consistency with Comprehensive Plan The proposed designation is consistent and supportive of City of South Miami, Comprehensive Plan. The Plan begins with a statement of Future Vision, which is quoted below in full: We value our socially diverse neighborhoods, our traditional retail service areas, our modern medical community and our small town character. We will strengthen our neighborhoods, support our Hometown District, and encourage development of our urban core link to the Metrorail transit station in a manner that enhances our community and improves our tax base. The proposed project is appropriately located for a concentration of residents in the urban core, in an attractive pedestrian - oriented setting within walking distance of public services such as the library, a variety of retail establishments, and mass transit. While improving South Miami's tax base, the project will not detract from the city's small town character. The proposed project supports a number of goals, objectives and policies in the city's Comprehensive Plan, including those in this partial listing: Chapter 1: Future Land Use Element Policy 2.1.4 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail transit station by creating a district for new growth which is contained and transit- oriented, thereby relieving the pressure for commercial rezonings outside of this core area. Goal 3 To achieve a tax base adequate to support a high level of municipal services via increased mixed -use and flexible building heights in conjunction with a Transit - Oriented Development District [TODD]. Policy 5.1.4 Implement priority SMCRP programs and projects, including but not limited to: "in- fill" housing, construction of multi - family units, substantial rehabilitation of housing (HUD Complex), and streetscape and infrastructure improvements. Chapter 2: Transportation Element Policy 1.1.1.c. There is a Metrorail station in the heart of the City's only intensive developmentarea; this Metrorail station puts extraordinary commuter rail transit service at hand. Further, development of the area around the Metrorail station will further state and local goals for "in- filling" already urbanized areas and reducing urban sprawl City of South Miami Revised June 2001 Application for Comprehensive Plan Amendment Page 12 Chapter 3: Housing Element Goal 1 To assure the availability of sound and affordable housing for all current and future residents of the City of South Miami with special focus on infill and redevelopment and to include housing units in the Hometown District. Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed -use /residential multi - family projects containing affordable housing units. Chapter 4: Infrastructure Element Goal 1 To provide and maintain the public infrastructure in a manner that will insure public health, safety and quality of life. Chapter 5: Conservation Element Policy 1.1.3 Continue to encourage the use of Metrorail, bicycles and other alternatives to the automobile (through capital impSoyernents). Y UNIVERSITY PLACE ALTERNATIVE "A" TRAFFIC IMPACT ANALYSIS Prepared for J.W. HARRIS & COMPANY 2665 SOUTH BAYSHORE DRIVE SUITE 702 COCONUT GROVE, FLORIDA 33133 by Jackson M. Ahlstedt, P.E. 46 N.W. 94th Street Miami Shores, Florida 33150 (305) 754 -8695 June 2001 r t TABLE OF CONTENTS 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 INTRODUCTION .. ..................... ... ... ..... 1 PURPOSE OF STUDY ........................................... 1 STUDY AREA ........... ....................... . .......... 2 EXISTING CONDITIONS .. ....... ....... .......... ............ 5 4.1 EXISTING ROADWAY CONDITIONS .......................... 5 4.2 EXISTING SIGNAL TIMING ... ............................... 9 4.3 EXISTING TRAFFIC COUNTS ............................ 9 4.3.1 PEAK HOURS . ........................... 17 4.3.2 PREVAILING TRAFFIC CONDITIONS 24 4.4 MASS TRANSIT ........ ... .................. ...... 28 4.5 EXISTING LEVEL OF SERVICE .............................. 28 TRIP GENERATION ...... ......... ........................ 31 TRIP DISTRIBUTION AND TRAFFIC ASSIGNMENT ................ 35 PROGRAMMED AND PLANNED ROADWAY IMPROVEMENTS .......... 38 FUTURE TRAFFIC CONDITIONS .................................. 38 FUTURE TRAFFIC CONDITIONS WITH THE PROJECT ................ 43 ON- STREET PARKING . ... ....................... ........ 47 PEDESTRIANS . ..... ..... ............................... 47 PROJECT SITE PLAN .... ............. .. .................... 48 12.1 PROJECT DRIVEWAYS .................................... 48 12.2 PEDESTRIAN ACCESS .. ........... 48 NEIGHBORHOOD TRAFFIC ISSUES ....... ................. ..... 49 CONCLUSIONS ... ..... ........... ................... 50 t LIST OF TABLES TABLE 1 PROJECT DATA ..... .................. .......... ........... .... ...... 1 TABLE 2 1999 AVERAGE ANNUAL DAILY TRAFFIC (AADT) VOLUMES IN VEHICLES PER DAY (VPD) ........ ....... .......... ... ......................... ............. 9 TABLE 3 AXLE ADJUSTMENT FACTORS ................... ............................... 10 TABLE 4 1999 WEEKLY ADJUSTMENT FACTORS .......................................... 11 TABLE 5 SEASONAL ADJUSTMENT FACTORS .. . ............................... ....... 11 TABLE 6 EXISTING TRAFFIC S.W. 59th Place Between S.W. 69th Street and S.W 70th Street ....... 12 TABLE 7 EXISTING TRAFFIC S.W. 61 st Avenue Between S.W. 69th Street and S.W 70th Street ...... 13 TABLE 8 EXISTING TRAFFIC S.W. 62nd Avenue Between S.W. 69th Street and S.W 70th Street ..... 14 TABLE 9 EXISTING TRAFFIC S.W. 69th Street Between S.W. 61st Avenue and S.W. 62nd Avenue ... 15 TABLE 10 EXISTING TRAFFIC S.W. 70th Street Between S.W. 61st Avenue and S.W. 62nd Avenue .. 16 TABLE 11 EXISTING AM PEAK HOUR TURNING MOVEMENT COUNT DATA .................... 25 TABLE 12 EXISTING PM PEAK HOUR TURNING MOVEMENT COUNT DATA .................... 25 TABLE 13 EXISTING LINK VOLUMES .............. .. ............... .............. 26 TABLE 14 EXISTING INTERSECTION LEVEL OF SERVICE WEEKDAY PEAK HOUR CONDITIONS .. 28 TABLE 15 EXISTING LINK LEVEL OF SERVICE .............. ............................... 30 TABLE 16 TOTAL PROJECT TRAFFIC .............. .... ..... ..................... 32 TABLE 17 EXTERNAL TRIPS ............................................................ 33 TABLE 18 FINAL EXTERNAL PROJECT TRAFFIC ........................................... 34 TABLE 19 PEAK HOUR PROJECT TRIP DISTRIBUTION ..................................... 35 TABLE 20 PEAK HOUR PROJECT TRIP ASSIGNMENT ...................................... 36 TABLE 21 PROGRAMMED AND PLANNED IMPROVEMENTS .. ............................... 38 TABLE 22 ANNUAL AADT GROWTH RATES VOLUMES IN VEHICLES PER DAY (VPD) ........... 39 TABLE 23 FUTURE AM PEAK HOUR INTERSECTION VOLUMES WITHOUT PROJECT ........... 40 TABLE 24 FUTURE PM PEAK HOUR INTERSECTION VOLUMES WITHOUT PROJECT ........... 40 TABLE 25 FUTURE LINK VOLUMES WITHOUT PROJECT ..... ............................... 41 TABLE 26 FUTURE INTERSECTION LOS W/O PROJECT WEEKDAY PEAK HOUR CONDITIONS ... 41 TABLE 27 FUTURE LINK LEVEL OF SERVICE W/O PROJECT . ............................... 43 TABLE 28 FUTURE AM PEAK HOUR INTERSECTION VOLUMES WITH PROJECT ............... 44 TABLE 29 FUTURE PM PEAK HOUR INTERSECTION VOLUMES WITH PROJECT ............... 44 TABLE 30 FUTURE LINK VOLUMES WITH PROJECT ... ................ ................. 45 TABLE 31 FUTURE INTERSECTION LOS WITH PROJECT WEEKDAY PEAK HOUR CONDITIONS .. 45 TABLE 32 FUTURE LINK LEVEL OF SERVICE WITH PROJECT ............................... 47 TABLE 33 AM AND PM PEAK HOUR DRIVEWAY VOLUMES ... ............................... 48 TABLE 34 INTERSECTION LEVEL OF SERVICE SUMMARY WEEKDAY PEAK HOUR CONDITIONS . 51 LIST OF FIGURES FIGURE 1 PROJECT LOCATION ............. FIGURE 2 2 STUDY AREA 4 FIGURE 3 EXISTING TRAFFIC CONTROL ... 7 FIGURE 4 INTERSECTION CONFIGURATIONS FIGURE 5 8 PEAKING CHARACTERISTICS SW59TH PLACE ............................................................... FIGURE 6 18 PEAKING CHARACTERISTICS SW 61ST AVENUE .... .............................. ............. ..... 20 FIGURE 7 PEAKING CHARACTERISTICS SW62ND AVENUE ............................... ............................... 21 FIGURE 8 PEAKING CHARACTERISTICS SW69TH STREET .............................................................. 22 FIGURE 9, PEAKING CHARACTERISTICS SW 70TH STREET ................. ............................... . 23 ...... FIGURE 10 EXISTING YR 2001 AADT .. ........................ 26 ................ FIGURE 11 EXISTING LEVELS OF SERVICE .. ................. 28 ................ FIGURE 12 PROJECT TRAFFIC ASSIGNMENT ..... ........... 36 ... ........ ........ FIGURE 13 FUTURE LEVELS OF SERVICE W10 PROJECT ....... ............................... 42 FIGURE 14 FUTURE LEVELS OF SERVICE WITH PROJECT ...... ............................... 46 E EXECUTIVE SUMMARY This traffic study was prepared to satisfy condition #2 of the City of South Miami staff recommendations to approve the proposed amendment to the Comprehensive Plan Future Land Use Map (FLUM) subject to the requirement that "A traffic study, analyzing the impact of the proposed development on the surrounding roadway network, shall be submitted prior to review by the City Commission ". The proposed University Place Alternative "A" project is a mixed use project consisting of a 300 dwelling unit apartment building with 10,000 gross square feet of medical office space. The project includes a 575 space parking garage. The site, which is currently vacant, is located in the City of South Miami on the north side of SW 70th Street between SW 59th Place and SW 61st Avenue. It is estimated that the proposed project will generate 167 vehicle trips during the AM peak hour and 206 the PM peak hour. Primary access to the site is via SW 70th Street. The SW 70th Street cross- section provides for one lane in each direction with parking on either side. At the signalized intersections with SW 62nd Avenue and SW 59th Place parking is removed to accommodate left turn lanes. SW 70th Street appears to have a 60' right -of -way. Within that right -of -way there are 6' sidewalks on either side, 2' of curb and gutter on either side and 34' of pavement. SW 70th Street east of SW 62nd Avenue currently accommodates 139 vph in the AM peak hour and 490 vph in the PM peak hour. The proposed project would add 34 vph during the AM peak hour and 58 vph in the PM peak hour. This traffic can be accommodated in the existing cross - section. According to the project planner, based upon the existing comprehensive plan and zoning, the site could be developed to accommodate a 198,755 GSF office building. Such a development, assuming 95% automobile usage, would generate 287 vehicle trips per hour during the PM peak hour. The proposed residential /medical office development is projected to generate 206 vehicle trips. This equates to a 27% reduction in potential PM peak hour traffic. In addition to generating potentially fewer PM peak hour vehicle trips than the currently approved land use, the proposed project tends to impact roadways in the non -peak direction. For example, during the PM peak hour, when traffic is heaviest in the westbound direction on Sunset Drive, the majority of project traffic is heading in the eastbound direction. Although, due to its location in a redevelopment and infill district, the project is exempt from concurrency standards; level of service analyses were conducted for purposes of identifying any specific localized impacts of the project which might need to be mitigated. The level of service analysis was conducted for the existing year 2001 1 1 conditions, and future conditions in the year 2003 with and without the project. These analyses included link and intersection level of service analysis. The analysis concluded that: • the proposed project will not have any impact on the existing roadway levels of service in the area; and, • there are no specific roadway improvements required to accommodate the additional traffic generated by the proposed project. At the direction of City of South Miami staff, particular attention was paid to potential project impacts in the neighborhoods to the west and north of the site. It is not anticipated that the project will add to observed cut- through traffic. Project traffic which might potentially cut - through the neighborhood to the west would be associated with Sunset Drive west of SW 62nd Avenue. It is estimated that in the AM peak hour project traffic on this section of Sunset Drive would amount to 9 vph eastbound and 27 vph westbound. During the PM peak hour project traffic on this section of Sunset Drive would amount to 27 vph eastbound and 18 vph westbound. During the AM and PM peak hours, westbound project traffic exiting the site would most likely travel south on SW 61 st Avenue and turn right to westbound Sunset Drive. Similarly, eastbound project traffic entering the site would most likely make a left turn at the intersection of Sunset Drive and SW 62nd Street and access the site via SW 70th Street. If the project creates any cut - through traffic in the area it would most likely occur in the eastbound direction during the PM peak hour. A preliminary analysis of traffic operations in the area leads to the conclusion that a significant amount of the perceived cut - through traffic on SW 70th Street west of SW 62nd Avenue is traffic associated with the medical office building located at 7000 SW 62nd Avenue and the general office building located in the northwest corner of SW 70th Street and SW 62nd Avenue. An additional problem is created on Sunset Drive where there is a left turn prohibition for northbound traffic on SW 62nd Place. SW 62nd Place is a major entrance /exit for South Miami Hospital. The turn restriction results in a high percentage of U -turns from the eastbound left turn lane on Sunset Drive at SW 62nd Avenue. Observations during the PM peak indicate that as much as one -third of the vehicles using this left turn lane are making a U -turn. This situation reduces the effectiveness of the left turn lane, creates a disruption for the southbound SW 62nd Avenue right turn to westbound Sunset Drive movement, and may encourage cut - through traffic in the area. With respect to the neighborhood to the north, it is anticipated that project traffic traveling to and from Red Road north of US -1 will tend to use SW 59th Place and SW 64th Avenue. The estimated project traffic for this movement is: AM peak hour - 9 vph in -bound and 28 vph out- bound. '2 • PM peak hour - 29 vph in -bound and 18 vph out-bound. Because of congestion at the intersection of Red Road and US -1, turn prohibitions and street discontinuities; a preliminary review of the traffic operations in this area concluded that there is little likelihood of significantly altering this anticipated routing of project traffic. A comprehensive neighborhood traffic study should be undertaken to: • reduce cut - through and speeding on SW 70th Street west of SW 62nd Avenue; • improve traffic operations on SW 62nd Avenue between SW 70th Street and Sunset Drive; and, • improve traffic operations at the intersection of Sunset Drive and SW 62nd Avenue. In performing the comprehensive neighborhood traffic study consideration should be given to the following: • Traffic mitigation measures such as enforcement, turn restrictions, traffic circles, one -way streets, traffic diverters and street closures. • Reducing the volume of eastbound U -turn traffic at the intersection of Sunset Drive and SW 62nd Avenue. • Improving the southbound SW 62nd Avenue right turn at Sunset Drive. Finally, because at least a part of the traffic in the area is associated with the Florida Department of Transportation (FDOT) decision to use SW 70th Street between SW 62nd Avenue and US -1 as the left turn for the eastbound Sunset Drive (SR 986) to northbound US -1 (SR -5); consideration should be given to requesting that: • FDOT maintain and fund improvements to that section of SW 70th Street; and, • participate in and fund all or part of a comprehensive neighborhood traffic study. '3 I 1.0 INTRODUCTION University Place is a single phase development consisting of apartments, medical office space, and parking. As shown in Figure 1, the site is located on the north side of SW 70th Street between SW 59th Place and SW 61 st Avenue. The proposed development consists of the components shown in Table 1. TABLE 1 PROJECT DATA USE TYPE ,QUANTITY. UNITS RESIDENTIAL APARTMENTS 300 DU TOTAL 300 DU MEDICAL 10,000 GSF OFFICE PARKING 575 SPACES The residential component of the project consists of rental apartments. As planned, primary access to the site is proposed to be via a single two -way driveway connecting to SW 69th Street. For purposes of this traffic impact analysis, ultimate build -out has been estimated to occur by the year 2003. 2.0 PURPOSE OF STUDY This traffic study was prepared to satisfy condition #2 of the City of South Miami staff recommendations to approve the proposed amendment to the Comprehensive Plan Future Land Use Map (FLUM)`subject to the requirement that "A traffic study, analyzing the impact of the proposed development on the surrounding roadway network, shall be submitted prior to review by the City Commission ". JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 1 The primary purpose of this study is to assess the impacts of vehicular traffic generated by the propsed development on signalized intersections and roadways within the study area. This is accomplished by conducting signalized intersection and roadway link level of service analyses. In addition, the report provides a general assessment of project impacts on parking and pedestrians. Specific items discussed are as follows: • Existing traffic volumes and levels of service for major roadways within the study area; • Number of trips generated by the proposed project and the distribution of these trips within the study area network. Future background and project traffic conditions and levels of service; • Determination of project impacts on on- street parking; • Determination of project impacts on pedestrians: and, • Potential intrusion of cut - through traffic into adjacent neighborhoods 3.0 STUDY AREA The study area's boundaries were defined to include: SW 62nd Street as the northern boundary, SW 78th Street as the southern boundary, SW 57th Avenue as the eastern boundary, and SW 67th Avenue as the western boundary. Figure 2 shows the signalized intersections and roadway links which are most significant to the project. These include the following intersections: SW 59th Place and SW 70th Street SW 62nd Avenue and SW 70th Street SW 62nd Avenue and SW 72nd Street The roadway links include the following: SW 70th Street from SW 62nd Avenue to US -1 SW 62nd Avenue from SW 62nd Street to US -1 JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 2 MILLE N f m SW 64TH ST N > J m � SW 69TH ST lo ISW 70TH ST SUNSET DR I I o PROJ CT � J5- Q SW 60TH ST KENDALL'DR g 0 J q) NTS w 0 z 3 I I z N f m SW 64TH ST N > J m � SW 69TH ST lo ISW 70TH ST SUNSET DR I I o PROJ CT � J5- Q SW 60TH ST KENDALL'DR g 0 J q) NTS w 0 z 3 D g a J I SW 84TH ST 1 SUNSET DR ul > d z t ►- ° . PRW ECT SW BOTH ST G0 SW 70TH ST IMP (D o� o O Q J SW BOTH ST 1. POST OFFICE G. SHOPPES AT SUNSET 2. LARKIN HOSPITAL 7. UNIVERSITY OF MINA 3. CITY HALL 4. METRORAIL STATION 5. SOUTH MIAMI HOSPITAL 1) Nn Ix 0 L!J ce 4.0 EXISTING CONDITIONS The study area was surveyed to observe existing traffic conditions, identify parking locations, identify traffic count locations, and to collect traffic count data. 4.1 EXISTING ROADWAY CONDITIONS This section describes the characteristics of selected roadways in the study area. Key roadways in the study area include SW 57th Avenue, SW 62nd Avenue, SW 70th Street, SW 72nd Street (Sunset Drive) and US -1. SW 57TH AVENUE (RED ROAD) Red Road is a state maintained roadway with turn lanes at major intersections. Signalized intersections are located at: • US -1 • Levante Avenue • Brescia Avenue • Miller Road Between US 1 and SW 64th Street (Brescia Avenue), Red Road is primarily a four -lane roadway. North of SW 64th Street, Red Road is a two -lane roadway. SW 62ND AVENUE Within the study area, SW 62nd Avenue is a four lane roadway with turn lanes at major intersections. It is classified as a county collector roadway. SW 62nd Avenue begins south of SW 72nd Street (Sunset Drive) at SW 88th Street (Kendall Drive) and terminates at SW 35th Street on the north. Traffic on SW 62nd Avenue is controlled by the following: • A traffic signal at the intersection with SW 72nd Street; • A traffic signal at the intersection with SW 70th Street; and, • A traffic signal at the intersection with SW 64th Street. Turn lanes are provided at the signalized intersections with Sunset Drive and SW 70th Street. The posted speed limit is 30 mph. SW 59TH PLACE Within the study area, SW 59th Place is a two lane roadway. It is classified as a local roadway. SW 59th Place begins at SW 72nd Street (Sunset Drive) on the south and terminates at SW 64th Street on the north. Traffic on SW 59th Place is controlled by the JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 5 following: A southbound stop sign at SW 72nd Avenue; • A traffic signal at the intersection with SW 70th Street; • A four -way stop at the intersection with SW 68th Street; and, • A northbound stop sign at SW 64th Street. SW 61 ST AVENUE Within the study area, SW 61st Avenue is a two lane roadway with parking on either side. It is classified as a'local roadway. SW 61st Avenue begins at SW 72nd Street (Sunset Drive) on the south and terminates at SW 69th Street on the north. Traffic on SW 61st Avenue is controlled by the following: A southbound stop sign at SW 72nd Street; • Northbound and southbound stop signs at the intersection with SW 70th Street; and, • A northbound stop sign at the intersection with SW 69th Street. SW 70TH STREET SW 70th Street is a two lane roadway with turn lanes at major intersections. Traffic on SW 70th Street is controlled by the following: • A traffic signal at the intersection with US -1; • A traffic signal at the intersection with SW 59th Place; • A traffic signal at the intersection with SW 62nd Avenue; and, • A stop signs at the intersection with SW 63rd Court. SW 70th Street is signed to provide the eastbound Sunset Drive to northbound US -1 left turn movement. SW 72ND STREET (SR 968 /SUNSET DRIVE) Sunset Drive is a state maintained four lane divided roadway with striped median between US -1 and SW 62nd Avenue and a four lane divided roadway with raised median between SW 62nd Avenue and SW 67th Avenue. Turn lanes are provided at the intersection with SW 62nd Avenue. Traffic signals are located at US -1 and SW 62nd Avenue. The posted speed limit is 35 mph. Existing traffic control in the area is graphically summarized in Figure 3. The lane configurations for each of the intersections to be analyzed are shown in Figure 4. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7,2001 ' Page 6 -W W 0 2 f: tl 3 w SUNSET DR SIGNALIZED INTERSECTION STOP SIGN NTS W Q D Z N m> CA SW 70TH ST SUNSET DR 1) NTS 4.2 EXISTING SIGNAL TIMING Existing signal timing data for the signalized intersections to be analyzed was obtained from the Miami -Dade County Traffic Control Center and from measurements in the field. This data was used in the intersection capacity analysis to determine each intersection's level of service (LOS). 4.3 EXISTING TRAFFIC COUNTS There are 3 existing Florida Department of Transportation (FDOT) traffic count locations within the study area. Data for these traffic count locations is summarized in Table 2. TABLE 2 1999 AVERAGE ANNUAL DAILY TRAFFIC (AADT) VOLUMES IN VEHICLES PER DAY (VPD) Source: Florida Department of Transportation, District 6. Turning movement counts were obtained as follows: • At the intersection of SW 62nd Avenue and SW 70th Street on Wednesday, April 25, 2001 between 7:00 AM and 9:00 AM and between 4:00 - 6:00 PM. • At the intersection of SW 62nd Avenue and Sunset Drive on Thursday, April 26, 2001 between 7:00 AM and 9:00 AM and between 4:00 - 6:00 PM. Original 24 Hour machine traffic counts were taken on Wednesday, December 20, 2000 at the following locations: • SW 59th Place between SW 69th Street and SW 70th Street JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 9 • SW 61st Avenue between SW 69th Street and SW 70th Street • SW 62nd Avenue between SW 69th Street and SW 70th Street In addition, original 24 Hour machine traffic counts were taken on Wednesday, April 25, 2001 at the following locations: • SW 69th Street between SW 61st Avenue and SW 62nd Avenue. • SW 70th Street between SW 61st Avenue and SW 62nd Avenue. The count program provided machine traffic counts (without vehicle classifications) summarized every 15 minutes for a 24 -hour period. This traffic count data is summarized in Tables 6, 7, 8, 9, 10, 11, 12, 13 and depicted on Figures 5 thru 9. Axle Adjustment Factors Because the machine traffic counts taken for this study did not include vehicle classifications, the axle adjustment factor applied to raw count data was based upon FDOT data for 1999. The axle adjustment factors used are summarized in Table 3. TABLE 3 AXLE ADJUSTMENT FACTORS Source: Florida Department of Transportation, District 6. Weekly Volume Factors Weekly volume factors to adjust raw count data to Average Annual Daily Traffic (AADT) volumes were obtained from FDOT records for the year 1999. Miami -Dade County South factors were used. These factors are shown in Table 3. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 10 TABLE 4 1999 WEEKLY ADJUSTMENT FACTORS WEEK BEGIN DATE END: DtTE FACTOR, 18 4/25/99 5/1/99 0.98 52 1 12/19/99 12/25/99 1.01 Source: Florida Department of Transportation, District 6. Seasonal Adjustment Factors Seasonal adjustment factors to adjust count data were obtained from FDOT records for the years 1997 through 1999. Consistent with the FDOT 1998 LOS Manual, "the median weekly factor for the thirteen highest consecutive weeks of the year (the peak season) for each of the three years" was determined. The seasonal adjustment factor was determined to be 1.021. These factors are shown in Table 5. TABLE 5 SEASONAL ADJUSTMENT FACTORS JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 11 TABLE 6 EXISTING TRAFFIC S.W. 59th Place Between S.W. 69th Street and S.W 70th Street RAW DATA TOTAL NORTHBOUND SOUTHBOUND ADT 7,213 3,180 4,033 AM PEAK HOUR 547 388 159 MID -DAY PK HR 517 186 331 PM PEAK HOUR 821 258 563 WEEKLY ADJUSTMENT FACTOR 1.01 AXLE ADJUSTMENT FACTOR 0.98 ADJUSTED DATA TOTAL NORTHBOUND SOUTHBOUND AADT 7,100 3,100 4,000 AM PEAK HOUR 540 380 160 MID -DAY PK HR 510 180 330 PM PEAK HOUR 810 260 560 PERCENTAGE OF DAILY TRAFFIC DIRECTIONAL DISTRIBUTION NORTHBOUND SOUTHBOUND AADT NIA 44% 56% AM PEAK HOUR 7.61% 70% 30% MID -DAY PK HR 7.18 % 35% 65% PM PEAK HOUR 11.41% 32% 69% K(100) 11.63% 31.43% ;68.57% RAW DATA TOTAL NORTHBOUND SOUTHBOUND ADT 243 127 116 AM PEAK HOUR 16 7 9 MID -DAY PK HR 23 12 11 PM PEAK HOUR 26 18 8 WEEKLY ADJUSTMENT FACTOR 1.01 AXLE ADJUSTMENT FACTOR 0.98 ADJUSTED DATA TOTAL NORTHBOUND SOUTHBOUND AADT 200 100 100 AM PEAK HOUR 20 10 10 MID -DAY PK HR 20 10 10 PM PEAK HOUR 30 20 10 PERCENTAGE OF DAILY TRAFFIC DIRECTIONAL DISTRIBUTION NORTHBOUND SOUTHBOUND AADT N/A 50% 50% AM PEAK HOUR 10.00% 50% 50% MID -DAY PK HR 10.00% 50% 50% PM PEAK HOUR 15.00% 67% 33% K(100) 10.93% 69.23% 30.77% TABLE 8 EXISTING TRAFFIC S.W. 62nd Avenue Between S.W. 69th Street and S.W 70th Street RAW DATA TOTAL ADT 14,827 AM PEAK HOUR 1,163 MID -DAY PK HR 968 PM PEAK HOUR 1,680 WEEKLY ADJUSTMENT FACTOR AXLE ADJUSTMENT FACTOR ADJUSTED DATA TOTAL AADT 14,700 AM PEAK HOUR 1,150 MID -DAY PK HR 960` PM PEAK HOUR 1,660 880 PERCENTAGE OF DAILY TRAFFIC AADT N/A AM PEAK HOUR 7.82% MID -DAY PK HR 6.53% PM PEAK HOUR 11.29% K(100) 11.57% NORTHBOUND SOUTHBOUND 8,463 6,364 666 497 589 379 890 790 1.01' 0.98 NORTHBOUND SOUTHBOUND 8,400 6,300 660 490 580 380 880 780 DIRECTIONAL DISTRIBUTION NORTHBOUND SOUTHBOUND 57% 43% 57% 43% 60 % 40% 53% 47% 52.98% 47.02% JACKSON M. AHLSTEDT, P.E. ' UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 14 TABLE 9 EXISTING TRAFFIC S.W. 69th Street Between S.W. 61st Avenue and S.W. 62nd Avenue RAW DATA TOTAL EASTBOUND WESTBOUND ADT 1,489 743 746 AM PEAK HOUR 135 80 55 MID -DAY PK HR 119 53 66 PM PEAK HOUR 126 32 94 WEEKLY ADJUSTMENT FACTOR 0,98 AXLE ADJUSTMENT FACTOR 0,98 ADJUSTED DATA TOTAL EASTBOUND WESTBOUND AADT 1,400 700 700 AM PEAK HOUR 130 80 50 MID -DAY PK HR 110 50 60 PM PEAK HOUR 120 30 90 PERCENTAGE OF DAILY TRAFFIC DIRECTIONAL DISTRIBUTION EASTBOUND WESTBOUND AADT N/A 50% 50% AM PEAK HOUR 9.29% 62% 38% MID -DAY PK HR 7.86% 45% 55% PM PEAK HOUR 8.57% 25% 75% K(100) 9.26% 59.26% 40.74% JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 ' Page 15 t TABLE 10 EXISTING TRAFFIC S.W. 70th Street Between S.W. 61st Avenue and S.W. 62nd Avenue RAW DATA TOTAL EASTBOUND WESTBOUND ADT 6,437 3,175 3,262 AM PEAK HOUR 588 449 139 MID -DAY PK HR 451 223 228 PM PEAK HOUR 640 150 490 WEEKLY ADJUSTMENT FACTOR 0.98 AXLE ADJUSTMENT FACTOR 0.98 ADJUSTED DATA TOTAL EASTBOUND WESTBOUND AADT 6,200 3,000 3,100 AM PEAK HOUR 560 430 130 MID -DAY PK HR 430 210 220 " PM PEAK HOUR 610 140 470 PERCENTAGE OF DAILY TRAFFIC DIRECTIONAL DISTRIBUTION EASTBOUND WESTBOUND AADT N/A 48% 50 %'' AM PEAK HOUR 9.03% 77% 23% MID -DAY PK HR 6.94% 49 %' 51% PM PEAK HOUR 9.84% 23% 77 %' K(100) 10.15'% 23,44% 76.56% 4.3.1 PEAK HOURS This section identifies characteristics of existing peak hour traffic in the study area. These characteristics include AM and PM peak hours, Planning Analysis Hour Factor (Kioo) factors and Directional Distribution (D) factors. S.W. 59th Place The peaking characteristics of S.W. 59th Place between S.W. 69th Street and S.W 70th Street are presented graphically in Figure 5. As can be seen from Figure 5, this section of S.W. 59th Place experiences the following peaks. • An AM peak of approximately 7.58% begining at 8:15 am • A mid -day Peak of approximately 7,17% begining at 2:00 pm • A PM Peak of approximately 11.38% begining at 4:30 pm The K,00 for this section of roadway was estimated to be 0.116. The D factor for this section of roadway was estimated to be 68.57 %. S.W. 61st Avenue The peaking characteristics of S.W. 61stAvenue between S.W. 69th Street and S.W 70th Street are presented graphically in Figure 6. As can be seen from Figure 6, this section of S.W. 61st Avenue experiences following peaks. • An AM Peak of approximately 6.58% begining at 7:45 am • A mid -day Peak of approximately 9.47% begining at 11:15 am • A PM Peak of approximately 10.70% begining at 4:15 pm The Kloo for this section of roadway was estimated to be 0.109. The D factor for this section of roadway was estimated to be 69.23 %. S.W. 62nd Avenue The peaking characteristics of S.W. 62nd Avenue between S.W. 69th Street and S.W 70th Street are presented graphically in Figure 7. As can be seen from Figure 7, this section of S.W. 62nd Avenue experiences the following peaks: An AM Peak of approximately 7.84% begining at 7:45 am • A mid -day Peak of approximately 6.53% begining at 11:45 am • A PM Peak of approximately 11.33% begining at 4:45 pm JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 17 The K1oo for this section of roadway was estimated to be 0.116. The D factor for this section of roadway was estimated to be 52.98 %. S.W. 69th Street The peaking characteristics of S.W. 69th, Street between S.W. 61st Avenue and S.W. 62nd Avenue are presented graphically in Figure 8. As can be seen from Figure 8, this section of S.W. 69th Street experiences the following peaks: • An AM Peak of approximately 9.07% begining at 7:45 am • A mid -day Peak of approximately 7.99% begining at 1:30 pm • A PM Peak of approximately 8.46% begining at 4:45 pm The K1oo for this section of roadway was estimated to be 0.093. The D factor for this section of roadway was estimated to be 59.26 %. S.W. 70th Street The peaking characteristics of S.W. 70th Street between S.W. 61st Avenue and S.W. 62nd Avenue are presented graphically in Figure 9. As can be seen from Figure 9, this section of S.W. 70th Street experiences the following peaks: • An AM Peak of approximately 9.13% begining at 7:45 am • A mid -day Peak of approximately 7.01 % begining at 1:00 pm • A PM Peak of approximately 9.94% begining at 4:45 pm The Kim for this section of roadway was estimated to be 0.102. The D factor for this section of roadway was estimated to be 76.56 %. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 ' Page 18 12 1Q00 0 x001 } to 0 W Z W It 40M w a 200lf 0.0011 SW 59TH PLACE BETWEEN SW BOTH & 70TH STREET oox Fill I I � I I I i I ! I I ! I I L15 2:15 4615 a15 415 215 12,15 1415 1415 M5 XI 22:15 HOUR WGINING FIGURE 5 PEAKING CHARACTERISTICS SW 59TH PLACE JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 19 SW 61 ST AVENUE BETWEEN SW 69TH & 70TH STREETS 12ao% i I I' I' I� I i I; �i ► I � i I i i i i I i� I► i I � I I( ( I i; ► i i I L I i I I r I I i I i I i l ► i I I f► I I I I I I! I FL d00% i i I ► LL I i ' a a00% i O � iI c ► a z Z it 400% w d i iI � I i V.W CID 1Q15 11-15 1415 115 1815 2x15 215 HOUR BMINING FIGURE 6 PEAKING CHARACTERISTICS SW 61ST AVENUE JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 20 SW 62ND AVENUE BETWEEN SW 69TH & 70TH STREETS 1200% law% 0 in I L J I I j LL Q00% 0 w U i W I I I a i I I a0ax 05 215 415 815 8:15 1215 1215 1415 1215 18;15 205 2215 HOUR BEGINING FIGURE 7 PEAKING CHARACTERISTICS SW 62ND AVENUE JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 ' Page 21 MOO d.00% U. LL aao% J U. 0 W 4. 0!< Z W U ft W LL � zoox too SW 69TH STREET BETWEEN SW 62ND AVENUE AND SW 61ST AVEN ► I I i i I j i I I t I I i t I I j ► I l i � ► l i l i I I ' I � ►I i t I I I i II Ii iI ;I i I I I i I I I i i I j ' i i 05 215 415 W5 t15 10115 215 14.15 18:15 115 20;15 22:15 HOUR BEGINING SW 70TH STREET W WO SW 02NDAVBUE AND SW 61STAVEN i ► I r I I ' IL a r � IL 0 Z LU j j ► IL I i -� 200% i i a00� I , I -- 0:15 115 415 815 815 1815 12,15 14:15 115 18:15 20:15 215 HOUR BEGINING 4.3.2 PREVAILING TRAFFIC CONDITIONS This section describes the traffic conditions on selected roadways and at selected intersections in the study area. SW 59TH PLACE Traffic flow on SW 59th Place is good. SW 61ST AVENUE With virtually no traffic, traffic flow on 5W 61st Avenue is good. SW 62ND AVENUE Traffic flow on SW 62nd Avenue is generally good. During the PM peak hour queues are created in the right hand lane of southbound SW 62nd Avenue at its intersection with Sunset Drive. These are attributable to the high volume of right turn traffic, disruptions created by the bus stop between Sunset Drive and SW 70th Street, and traffic exiting the 7000 SW 62nd Avenue building. SW 70TH STREET Traffic flow on SW 70th Street is good. Peak hour queues are created at the intersection with US -1. SUNSET DRIVE Traffic flow on Sunset Drive is good. For a short period of time, PM peak hour queues are created in the westbound direction at the intersection with SW 67th Avenue. During the PM peak hour eastbound U -turn traffic represents a high percentage (33 %) of the traffic in the left turn lane. These left turns create operational problems for the eastbound left turns on Sunset Drive and southbound right turns on SW 62nd Avenue. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 24 Q Q D Z 0 U H z w 2 W 0 � Z W Z Q D H H 0 Y Q a Q z P R W Q H Q D I— Z M 0 V M- z W a W 0 N LU Zj � Z m � H � O QY W a a z x W ID a �o a' 0 Z `c m E m 0 z TABLE 13 EXISTING LINK VOLUMES LINK. DHV FACTORS 2041 YEAR AADT K(100) - D ` AAQT DDH�/' SR 959 /RED RD /SW 57 AVE, 200' 1999 22,000 9.05% 52.71% 22,800 1,088 NORTH OF SR 5 /US -1 SR 5 /US -1, 200' SOUTH OF SR 1999 76,500 9.05% 52.71% 79,300 3,783 959 /RED RD /SW 57 AVE SR 986 /SUNSET DR, 200'' WEST 1999 31,000 9.05% 52.71% 32,100 1,531 OF SR5 /US -1 S.W. 59th Place Between S.W. 69th 2000 7,100 11.63% 68.57 % 7,200 574 Street and S.W 70th Street S.W. 61stAvenue Between S.W. 2000 200 10.93% 69.23 % 200 15 69th Street and S.W 70th Street S.W. 62nd Avenue Between S.W. 2000 14,700 11.57% 52.98% ` 15,000 920 69th Street and S.W 70th Street S.W. 69th Street Between S.W. 61st 2001 1,400 9.26% 59.26% 1,400 77 Avenue and S.W. 62nd Avenue S.W. 70th Street Between S.W. 61st 2001 6,200 10.15% 76.56% 6,200 482 Avenue and S.W. 62nd Avenue GROWTH FACTOR 1 1.79 %' JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 26 FIGURE 10 EXISTING YR 2001 AADT JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 ' Page 27 SW 64TH ST Lu czcyy aD NTS N SW 68TH ST .r CL � g ai SW 68TH ST N N SW 69TH ST 1,400 g g 6,200 SW 70TH ST w co m SUNSET DR /32,100 (o FIGURE 10 EXISTING YR 2001 AADT JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 ' Page 27 MetroBus routes 37, 52 and 57 run east/west on SW 70th Street while route 72 runs east/west on SW 72nd Street. 4.5 EXISTING LEVEL OF SERVICE Each of the intersections were analyzed to determine the existing level of service. The methodology used was based upon the Highway Capacity Manual (HCM) 2000 as provided for in Highway Capacity Software, (HCS 2000) Version 4.1. The results are shown in Table 14 and on Figure 11. The intersection level of service analyses are included in Appendix A. TABLE 14 EXISTING INTERSECTION LEVEL OF SERVICE WEEKDAY PEAK HOUR CONDITIONS JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 28 SW 64TH ST w 0 z N m SW 86TH ST J a SW 68TH ST SW 69TH ST E BIB D SW 70TH ST w eo D/E SUNSET DR D w Jy _ 3 D/E INTERSECTION PEAK HOUR LEVEL OF SERVICE AM /PM rD LINK PEAK HOUR LEVEL OF SERVICE :,o, ail D ac Link analysis was also performed on SW 70th Street between SW 61st Avenue and SW 62nd Avenue using the FDOT 1998 Level of Service Handbook, Tables 5 -1 and 5 -4. The results of these analyses are summarized in Table 15. TABLE 15 EXISTING LINK LEVEL OF SERVICE LINK - DDHY LOS ,STANDARDS ; DDHV LOS A B `.G D SR 959 /RED RD /SW 57 AVE, 200' 1150 1625 1720 11,088 C NORTH OF SR 5 /US -1 SR 5 1US -1, 200' SOUTH OF SR 1880 2580 2730 3,783 F 959 /RED RD /SW 57 AVE SR 986 /SUNSET DR, 200' WEST 1150 1625 1720 1,531 D OF SR5 /US -1 S.W. 59th Place Between S.W. 69th 250 560 620 574 E Street and S.W 70th Street S.W. 61 st Avenue Between S.W. STOP SIGN CONTROLLED 15 N/A 69th Street and S.W 70th Street S.W. 62nd Avenue Between S.W. 979 1558 1663 920 C 69th Street and S.W 70th Street S.W. 69th Street Between S.W. 61st STOP SIGN CONTROLLED 77 'N /A Avenue and S.W. 62nd Avenue S.W. 70th Street Between S.W. 61st [2163 588 1651 482 D Avenue and S.W. 62nd Avenue JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 ' Page 30 5.0 TRIP GENERATION The total number of vehicular trips generated by the land uses, apartments and retail space was determined for the PM peak hour using the Institute of Transportation Engineers (!TE), Trip Generation, 6th Edition. The number of vehicular trips generated by the apartments was based on the total number of apartments, using data for ITE Land Use Code 220. The number of trips generated by the medical office space was determined based on the total square footage of medical office space using data for ITE Land Use Code 720. This was done in order to determine the worst case scenario. The results are shown in Table 16. These trips are the total number of vehicular trips generated by the project before adjusting for internal trips and pedestrian and mass transit trips. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 31 TABLE 16 TOTAL PROJECT TRAFFIC TIME VEHICLE TOTALS APARTMENTS MEDICAL OFFICE- ITE (220) . —F:l ITE" 300. - DU ;:.10,000 GSF WEEKDAY IN ` 966 97 1,063 VPD OUT 966 97 1,063 VPD TOTAL 1,932 194 2,126 VPD AM PEAK HOUR OF ADJACENT STREET IN 24 19 44 VPH OUT 128 5 133 VPH TOTAL 152 24 177 VPH PM PEAK HOUR OF ADJACENT STREET IN 121 10 131 VPH OUT 60 27 86 VPH TOTAL j 181 36 218 VPH The first adjustment to the trips shown in Table 16 was made to account for internalization of trips in a mixed use development. Using techniques documented in the ITE publication Trip Generation Handbook, October 1998 it was determined that on a daily basis there would be little or no internalization of trips. For the PM Peak Hour it was determined that less than 1 % of the trips shown in Table 16 would be internal trips. Table 17 summarizes external trips for the project before accounting for modal splits. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 32 TABLE 17 EXTERNAL TRIPS Because of its proximity to MetroRail and MetroBus routes as well as the mixed -use nature of the area, it is anticipated that 5% of person trips will use mass transit or walk. These person trips will not negatively effect the traffic conditions, and therefore, are not included in the vehicle trips distributed throughout the study area. The remaining 95% of the person trips generated by the project were distributed throughout the study area as vehicle trips. Table 18 summarizes external trips for the project after accounting for modal splits JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altennative "A" June 7, 2001 Page 33 TABLE 18 FINAL EXTERNAL PROJECT TRAFFIC TIME .VEHICLE TRIPS : TOTALS .APARTMENTS MEDICAL OFFICE ITE (220) -' ITE (720) ... EXTERNAL` T95/0 EXTERNAL. 95 °f AM PEAK HOUR OF ADJACENT STREET IN 23 18 42 VPD OUT 122 5 126 VPD TOTAL 145 23 167 VPD PM PEAK HOUR OF ADJACENT STREET IN 115 9 124 VPH OUT 57 25 82 VPH TOTAL 171 34 206 1 VPH As can be seen from Table 18, the estimated number of vehicle trips entering the project during the AM peak hour is 42. The estimated number of vehicle trips leaving the project during the AM peak hour is 126. The estimated number of vehicle trips entering the project during the PM peak hour is 124. The estimated number of vehicle trips leaving the project during the PM peak hour is 82. 6.0 TRIP DISTRIBUTION AND TRAFFIC ASSIGNMENT The project site is located in Traffic Analysis Zone (TAZ) 748. The cardinal distribution of the traffic within TAZ 748 was obtained from Miami -Dade County. The distribution is as follows: North - Northeast 22.68% East- Northeast 14.45% East- Southeast 3.00% South- Southeast 3.49% South - Southwest 15.29% West- Southwest 16.91% West- Northwest 9.31 North- Northwest 14.87% The distribution of AM and PM project trips is summarized in Table 19. Based upon this trip distribution, the project trips were assigned to the roadway network. This is shown in Table 20 and Figure 12. 42 TABLE 19 PEAK HOUR PROJECT TRIP DISTRIBUTION JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 35 AM. TRIPS PM TRIPS TOTAL tN . OUT TE1TAt. 167 42 126 206 , , 124= ' 82 NORTH NNW 14.87% 25 6 19 31 18 12 NNE 22.68% 38 9 29 47 28 18 EAST ENE 14.45% 24 6 18 30 18 12 ESE 3.00% 13.49% 5 1 4 6 4 2 SOUTH SSE 6 1 4 7 4 3 SSW 15.29% 26 6 19 31 19 12 WEST WSW 16.91% 28 7 21 35 21 14 WNW 9.31% 16 4 12 19 12 8 TOTAL 100.00% 167 42 126 206 124 82 JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 35 TABLE 20 PEAK HOUR PROJECT TRIP ASSIGNMENT LINK PERCENT AM TRIPS-, PM TRIPS ..`' PROJECT , TRAFFIC ` -TOTAL t(�f OUT ..TOTAE:; OUT . 42 126 206.. .. go 5T' SR 959 /REDRD /SW 57 AVE, 200' NORTH OF SR 5 /US -1 0.00 % 0 0 0 0 0 SR 5 /US -1, 200' SOUTH OF SR 959 /RED RD /SW 57 AVE 0.00 % 0 0 0 0 0 0 SR 986 /SUNSET DR, 200' WEST OF SR5 /US -1 3.49% 6 1 4 6 4 2 S.W. 59th Place Between S.W. 69th Street and S.W 70th Street 0.00% 0 0 0 0 0 0 S.W. 61stAvenue Between S.W. 69th Street and S.W 70th Street 100.00% 168 42 126 181 124 57 S.W. 62nd Avenue Between S.W. 69th Street and S.W 70th 0.00 % 0 0 0 0 0 0 Street S.W. 69th Street Between S.W. 61 st Avenue and S.W. 62nd 19.53% 131 8 25 35 24 11 Avenue S.W. 70th Street Between S.W. 61 st Avenue and S.W. 62nd 36.86° 35 15 19 49 46 3 Avenue JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altern ative "A" June 7, 2001 Page 36 1 SW 64TH ST W Z N 9128 NTS 828 � SW 86TH ST IL I j N 1 29/18 29/18 N SUNSET DR —s 4 9/27 927 t uj 6/19 19/12 4/3 8/19 I LEGEND 1/4 4/3 ° AM/PM PEAK HOUR PROJECT TRIPS 1/4 0 42 u� D: SW 68TH ST 8124 L25/16 SW 69TH ST 8/18 19/12 / 70TH ST F !ySW 15148 18/12 19/12 ac 8/5 m �J 27/18 27/18 N 21 8 L # SUNSET DR —s 4 9/27 927 t uj 6/19 19/12 4/3 8/19 I LEGEND 1/4 4/3 ° AM/PM PEAK HOUR PROJECT TRIPS 1/4 0 42 u� D: � 6 7.0 PROGRAMMED AND PLANNED ROADWAY IMPROVEMENTS Using the Metro-Dade Transportation Improvement Program (TIP), 2001, the programmed and planned improvements in the study area were determined. These improvements are identified in Table 21. TABLE 21 PROGRAMMED AND PLANNED IMPROVEMENTS ROADWAY.. FROM TO' TYPE OF WORK _YEAR(S) Red Road SW 78th Street SW 78th Street Signalization Under Construction 8.0 FUTURE TRAFFIC CONDITIONS Future traffic conditions were analyzed for year 2003. Future traffic without the project was estimated by applying an annual growth factor to existing traffic. Historical FDOT traffic count and City of South Miami data on major committed developments was researched to establish an annual growth rate. The annual growth factor of 1.79% per year was developed based upon the historical traffic count data and committed development traffic shown in Table 22. The growth rate of 1.79% per year was applied to the 1999 FDOT traffic counts and the year 2000 and 2001 traffic volumes in order to achieve 2003 traffic volumes. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 38 TABLE 22 ANNUAL AADT GROWTH RATES VOLUMES IN VEHICLES PER DAY (VPD1 f DOT LOCATION. 1984 1998 1999 :i , COMW.. TOTAL: ": STA AADT:,: AADT = AADT DEVEL. TRAFFIC ,YEARLY RATE TRAFFIC 34 SR 959 /RED RD /SW 20,800 27,500 22,000 2,199 24,199 3.07% 57 AVE, 200' NORTH OF SR 5 /US -1 127 SR 5 /US -1, 200' 79,500 89,000 76,500 2,199 78,699 -0.20% SOUTH OF SR 959 /RED RD /SW 57 AVE 70 SR 986 /SUNSET DR, 23,500 21,800 31,000 11387 32,387 6.63% 200' WEST OF SR5 /US -1 TOTAL 123,800 138,300 129,500 5,785 135, 285 1 1.791 Tables 23, 24 and 25 detail the future traffic volumes without the project and Figure 13 shows the associated link volumes. These volumes were then used to determine intersection and link level of service by using the same software programs and LOS tables as used in the previous analysis of existing conditions. The intersection level of service for the future traffic volumes are shown in Table 26 and on° °Figure 13. Each intersection's level of service were the same as those for the year 2001. The intersection level of service analyses are included in Appendix B. The link level of service analysis for future traffic conditions was performed on the roadway links identified previously. These results are summarized in Table 27. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 39 O �' C � N Z z �:. . o m � o U m , ca W � cn •— U Q Ul _ J L0 (3) _ � 0) Lo V 0 V 0 W N �tf) N co Q Z a . c.. - v '.. Z o ° m ° O o" CD N m 04 �t W W. W J` N OM N co J N � � g � N .J O m > o u v n M N z z d z M _O o N �— cq J _;; in Q W _ c� N } w Q V W }� co V N w ~ D �; W j Z °r° N m w W H � Ln z �? O N 0 C Z` N CEO Z ti to N Lf) N Y = �. Q 0, Y CL m F ~ v co Q a m ~ N N N '.... Q Z' z W (e -i. co �p w } W .w N } n W _ N Lu cn Q m ~ _ < Q U. p D LL. m o z H H Z Q z Q a- w W w W W W ° W Z' XW W Z XW z D wZ D WZ F-> cqQ F-> tnQ G ~ w W UQ Xw NQ Itt =0 ❑� W Q 0 IN 04 N '2� O� z ju, ti cc I• co oti cNO cNC U) NU) co co (4t U) O z JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 40' TABLE 25 FUTURE LINK VOLUMES WITHOUT PROJECT LINK BASE .... DHV FACTORS 2003' YEAR AADT... K(100) D AADT . DDHV SR 959 /RED RD /SW 57 AVE, 200' 1999 22,000 9.05% 52.71% 23,600 1,126 NORTH OF SR 5 /US -1 SR 5 /US -1, 200' SOUTH OF SR 1999 76,500 9.05% 152.71% 82,100 3,916 959 /RED RD /SW 57 AVE SR 986 /SUNSET DR, 200' WEST 1999 31,000 9.05% 52.71% 33,300 1,588 OF SR5 /US -1 S.W. 59th Place Between S.W. 69th 2000 7,100 11.63% 68.57% 7,500 598 Street and S.W 70th Street S.W. 61st Avenue Between S.W. 2000 200 10.93% 69.23% 200 15 69th Street and S.W 70th Street S.W. 62nd Avenue Between S.W. 2000 14,700 11.57% 52.98% 15,500 950 69th Street and S.W 70th Street S.W. 69th Street Between S.W. 61st 2001 1,400 9.26% 59.26% 1,500 82 Avenue and S.W. 62nd Avenue S.W. 70th Street Between S.W. 61st Avenue and S.W. 62nd Avenue 2001 6,200 10.15% 76.56 %d 6,400 498 GROWTH FACTOR 1.79% TABLE 26 FUTURE INTERSECTION LOS W/O PROJECT WEEKDAY PEAK HOUR CONDITIONS JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 41 SW 64TH ST w 0 z N dD NTS 3 N SW NTH ST J a s M 3 SW 66TH ST 1M kE SW 70TH N 1D 3 SUNSET DR D/E p w J`J x p/E INTERSECTION PEAK HOUR LEVEL OF SERVICE AM /PM a LINK PEAK HOUR LEVEL OF SERVICE FIGURE 13 FUTURE LEVELS OF SERVICE W/O PROJECT JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 ' Page 42 TABLE 27 FUTURE LINK LEVEL OF SERVICE W/O PROJECT LINK DDHt/ LOS STANDARDS DDHV LOS A B'. C -.: D.. E SR 959 /RED RD /SW 57 AVE, 200' NORTH OF SR 5 /US -1 0 0 1,150 1,625 1,720 1,126 C ESR 5 /US -1, 200' SOUTH OF SR 959 /RED RD /SW 57 AVE 0 0 1,880 2,580 2,730 3,916 F SR 986 /SUNSET DR, 200' WEST OF SR5 /US -4 0 0 1,150 1,625 1,720 1,588 D S.W. 59th Place Between S.W. 69th Street and S.W 70th Street 0 0 250 560 620 598 E S.W. 61st Avenue Between S.W. 69th Street and S.W 70th Street STOP SIGN CONTROLLED 15 N/A S.W. 62nd Avenue Between S.W. 69th Street and S.W 70th: Street 0 0 979 1,558 1,663 950 C S.W. 69th Street Between S.W. 61st Avenue and S.W. 62nd Avenue STOP SIGN CONTROLLED 82 'N /A S.W. 70th Street Between S.W. 61st Avenue and S.W. 62nd Avenue 0 jOL26,3 5 1651 498 D 9.0 FUTURE TRAFFIC CONDITIONS WITH THE PROJECT Future traffic conditions with the project were analyzed for the year 2003. This was accomplished by using the estimated 2003 future traffic volumes and adding the traffic generated by the project (as shown in Table 18). Tables 28, 29 and 30 detail the future traffic volumes with the project for the AM and PM peak hours. These volumes were used to determine the intersection and link levels of service using the previously identified methodologies. There were no changes between the year 2003 intersection levels of service with and without the project. This is shown in Table 31 and on Figure 14. The intersection level of service analyses are included in Appendix C. The link level of service analysis for future traffic conditions with the project was performed on the previously identified roadway links. These results are summarized in Table 32. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 43 IF- U W O w CL f_- 3 c w J' O co O N F= W U J W m N Fa- W 1- z IX D O 2 Y Q w a Q W F=- W m Z Q 0 z c a� E a� 0 Q z vi W H O z H U W O a t- 3 W M J O z c, O N p W U -j LLI Q m H W H z- fY O 2 Y Q W IL 2 a W IX 1— LL a� Q 0 z c 4) E m 0 Q z 6 W H O z JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 44 TABLE 30 FUTURE LINK VOLUMES WITH PROJECT LINK 2003 PROJECT TRAFFIC]" 2003 WITH PROJECT AM.,, PM " AADT DDHV IN OUT IN OUT DDHV 42 126, 124:. 82 SR 959 /RED RD /SW 57 AVE, 200' NORTH OF SR 5 /US -1 23,600 1,126 0 0 0 0 1,126 SR 5 /US -1, 200' SOUTH OF SR 959 /RED RD /SW 57 AVE 82,100 3,916 0 0 0 0 3,916 SR 986 /SUNSET DR, 200' WEST OF SR5 /US -1 33,300 1,588 1 4 4 2 1,593 S.W. 59th Place Between S.W. 69th Street and S.W 70th Street 7,500 598 0 0 0 0 598 S.W. 61stAvenue Between S.W. 69th Street and S.W 70th Street 200 15' 42 126 124 57 139 S.W. 62nd Avenue Between S.W. 69th Street and S.W 70th Street 15,500 950' 0 0 0 0 950 S.W. 69th Street Between S.W. 61st Avenue and S.W. 62nd Avenue 1,500 82 8 25 24 11' 107 S.W. 70th Street Between S.W. 61st Avenue and S.W. 62nd Avenue 6,400 498 15 19 46 3 501 TABLE 31 FUTURE INTERSECTION LOS WITH PROJECT WEEKDAY PEAK HOUR CONDITIONS INTERSECTION 2000 LOS :. 2002 LOS Wft :2002 LOS' IT . ,.. PROJECT _ PROJECT . SW 70th Street and SW 62nd Avenue B B B VE B B SW 72nd Street and SW 62nd Avenue D E D D E JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 45 FIGURE 14 FUTURE LEVELS OF SERVICE WITH PROJECT JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 46 LINK DDHV LOS STANDARDS"'. DDHV LOS A. 13 C D:> E SR 959 /RED RD /SW 57 AVE, 200' 0 0 1,150 1,625 1,720 1,126 C NORTH OF SR 5 /US -1 SR 5 /US -1, 200' SOUTH OF SR 0 0 1,880 2,580 2,730 3,916 F 959 /RED RD /SW 57 AVE SR 986 /SUNSET DR, 200' WEST 0 0 1,150 1,625 1,720 1,593 D OF SR5 /US -1 S.W. 59th Place Between S.W. 69th 0 0 250 560 620 598 E Street and S.W 70th Street S.W. 61st Avenue Between S.W. STOP SIGN CONTROLLED 139 N/A 69th Street and S.W 70th Street S.W. 62nd Avenue Between S.W. 0 0 979 1,558 1,663 950 C 69th Street and S.W 70th Street S.W. 69th Street Between S.W. 61st STOP SIGN CONTROLLED 107 'N /A Avenue and S.W. 62nd Avenue S.W. 70th Street Between S.W. 61st 0 0 263 588 651 501 D Avenue and S.W. 62nd Avenue 10.0 ON- STREET PARKING There are no metered parking spaces on the north side of SW 70th Street, east side of SW 61st Avenue, or south side of 69th Street adjacent to the site. The project will construct some 575 on -site parking spaces. Parking will be provide for residents, employees and visitors to the site. 11.0 PEDESTRIANS Little pedestrian activity was noted in the immediate vicinity of the site. There are currently no side walks on the east side of SW 61st Avenue or south side of 69th Street adjacent to the site. There is an existing 6' sidewalk along the north side of SW 70th Street, adjacent to the site. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 47 There are pedestrian buttons without pedestrian signals at the intersections of SW 70th Street and SW 62nd Avenue, and SW 70th Street and 59th Place. There are pedestrian buttons with pedestrian signals at the intersection of Sunset Drive and SW 62nd Avenue. 12.0 PROJECT SITE PLAN Traffic and transportation aspects of the proposed site plan were reviewed and analyzed. 12.1 PROJECT DRIVEWAYS The proposed project includes a two -way driveway serving the site. The proposed driveway is located on SW 69th Street. Table 33 summarizes the AM and PM peak hour driveway volumes anticipated at the service points. TABLE 33 AM AND PM PEAK HOUR DRIVEWAY VOLUMES IN VEHICLES PER HOUR (VPH) Queueing analysis was conducted based upon one inbound lane and one outbound lane, with each lane controlled by a coded card reader. Analysis of potential inbound queues for the AM and PM peak hours indicates that there is approximately a 95 % probability that the queue should not exceed 2 vehicles plus the vehicle being served. Analysis of potential outbound queues for the AM and PM peak hours indicates that there is approximately a 95% probability that the queue should not exceed 2 vehicles plus the vehicle being served. 12.2 PEDESTRIAN ACCESS The proposed site plan provides good pedestrian access to SW 70th Street. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Altemative "A" June 7, 2001 Page 48 13.0 NEIGHBORHOOD TRAFFIC ISSUES At the request of City of South Miami Staff, the issue of traffic intrusion into the residential neighborhoods to the west and north of the project was studied. Although, an in depth traffic mitigation plan is far beyond the scope of this traffic impact analysis. Field observations of AM and PM peak hour traffic conditions in the area identified some items which should be considered in the development of a comprehensive neighborhood traffic mitigation plan. With respect to the neighborhood to the west; a preliminary analysis of traffic operations in the area leads to the conclusion that a significant amount of the perceived cut - through traffic on SW 70th Street west of SW 62nd Avenue is traffic associated with the medical office building located at 7000 SW 62nd Avenue and the general office building located in the northwest corner of SW 70th Street and SW 62nd Avenue. During a sampling of data in the AM peak period it was noted that approximately 40% of eastbound traffic on SW 70th Street east of SW 63rd Avenue was destined for either the medical office building located at 7000 SW 62nd Avenue or the office building in the northwest corner of the intersection of SW 70th Street and SW 62nd Avenue. During a sampling of data in the PM peak period it was noted that virtually 100% of the westbound traffic which turned left at the intersection of SW 70th Street and SW 63rd Avenue, made a right turn at the intersection of SW 63rd Avenue and Sunset Drive. An additional problem is created on Sunset Drive where there is a left turn prohibition for northbound; traffic on SW 62nd Place. SW 62nd Place is a major entrance /exit for South Miami Hospital. The turn restriction results in a high percentage of U -turns from the eastbound left turn lane on Sunset Drive at SW 62nd Avenue. Observations during the PM peak period indicate that as much as one -third of the vehicles using this left turn lane are making a U -tum. This situation reduces the effectiveness of the left turn lane, creates a disruption for the southbound SW 62nd Avenue right turn to westbound Sunset Drive movement, and may encourage cut - through traffic in the area While the volume of cut - through traffic using SW 70th Street between SW 62nd Avenue and SW 64th Court should not be taken lightly, it appears that the speed of this traffic may also be of concern. With respect to the neighborhood to the north, it is anticipated that project traffic traveling to and from Red Road north of US -1 will tend to use SW 59th Place and SW 64th Avenue. The estimated project traffic for this movement is: AM peak hour - 9 vph in -bound and 28 vph out - bound. PM peak hour - 29 vph in -bound and 18 vph out- bound. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 49 Because of congestion at the intersection of Red Road and US -1, turn prohibitions and street discontinuities a preliminary review of the traffic operations in this area concluded that there is little likelihood of significantly altering this anticipated routing of project traffic. A comprehensive neighborhood traffic study should be undertaken to: reduce cut- through and speeding on SW 70th Street west of SW 62nd Avenue; improve traffic operations on SW 62nd Avenue between SW 70th Street and Sunset Drive; and, improve traffic operations at the intersection of Sunset Drive and SW 62nd Avenue. In performing the comprehensive neighborhood traffic study consideration should be given to the following: • Traffic mitigation measures such as enforcement, turn restrictions, traffic circles, one -way streets, traffic diverters and street closures. • Reducing the volume of eastbound U -turn traffic at the intersection of Sunset Drive and SW 62nd Avenue. • Improving the southbound SW 62nd Avenue right turn at Sunset Drive. Finally, because at least a part of the traffic. in the area is associated with the Florida Department of Transportation (FDOT) decision to use SW 70th Street between SW 62nd Avenue and US -1 as the left turn for the eastbound Sunset Drive (SR'986) to northbound US -1 (SR -5); consideration should be given to requesting that: FDOT maintain and fund improvements to that section of SW 70th Street; and, participate in and fund all or part of a comprehensive neighborhood traffic study. 14.0 CONCLUSIONS After reviewing the results from the intersection analysis and the roadway link analysis, it can be concluded that by the year 2003, with or without the project, there will be no change in the level of service at the intersections of SW 62nd Avenue and SW 70th Street and SW 62nd Avenue and Sunset Drive. The proposed project does not require any modifications to either of these intersections. JACKSON M. AHLSTEDT, P.E. UNIVERSITY PLACE Alternative "A" June 7, 2001 Page 50 INTERSECTION TIME -2001 2003: LOS:14 2003 LOS =. 2003-LOS WIO WITH W/PROJECT PROJECT PROJECT . �' AND -` MODIFICATIONS SW 70TH STREET AND SW 62ND AVENUE AM B 8 B N/A SW 72ND STREET AND AM B B B N/A SW 62ND AVENUE SW 70TH STREET AND SW 62ND AVENUE PM D D D N/A SW 72ND STREET AND SW 62ND AVENUE PM E E E N/A APPENDIX A Existing Intersection Levels of Service 70S62AEAM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Inter.: SW 70 ST /SW 62 AVE Agency: Date: 5/5/2001 Area Type: All other areas Period: AM PEAK HR Jurisd: Year : SOUTH MIAMI EXISTING Project ID: UNIVERSITY PLACE i L T R E/W St: SW 70TH STREET N/S St: SW 62ND AVE uuraLion U.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A I NB Left P Thru A ► Thru P Right A I Right P Peds ► Peds WB Left A 1 SB Left A P Thru A I Thru A P Right A I Right A P Peds ► Peds NB Right I EB Right SB Right I WB Right Green 15.0 10.0 35.0 Yellow 4.0 3.0 3.0 All Red 0.0 0.0 0.0 Intersection Performance Summary Cycle Length: 70.0 secs Appri Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) V/c 9/C Delay LOS Delay LOS zasLDouna SIGNALIZED INTERSECTION SUMMARY - ► Eastbound i Westbound I Northbound 1 Southbound ► 22.3 ► L T R i i L T R i L T R i L T R No. Lanes ► 1 _1 0 1 1 1 0 1 1 2 0 ► ► 1 2 0 LGConfig I L TR ► L TR I L TR I i L TR Volume 122 67 20 148 37 40 186 442 221 ► 1182 305 52 Lane Width 111.0 11.0 111.0 11.0 111.0 11.0 111.0 11.0 P,TOR Vol 1 0 1 0 1 0 1 0 uuraLion U.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A I NB Left P Thru A ► Thru P Right A I Right P Peds ► Peds WB Left A 1 SB Left A P Thru A I Thru A P Right A I Right A P Peds ► Peds NB Right I EB Right SB Right I WB Right Green 15.0 10.0 35.0 Yellow 4.0 3.0 3.0 All Red 0.0 0.0 0.0 Intersection Performance Summary Cycle Length: 70.0 secs Appri Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) V/c 9/C Delay LOS Delay LOS zasLDouna - L 265 1235 0.11 0.21 22.3 C TR 373 1741 0.34 0.21 23.9 C 23.6 C Westbound L 258 1202 0.32 0.21 23.9 C TR 359 1675 0.31 0.21 23.6 C 23.8 C Northbound L 471 942 0.27 0.50 11.5 B TR 1630 3259 0.46 0.50 12.3 B 12.2 B Southbound L 509 1711 0.40 0.69 5.5 A TR 2289 3338 0.17 0.69 3.9 A 4.5 A Intersection Delay - 11.9 (sec/veh) Intersection LOS = B Page 1 70562AEPM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Agency: Date: 5/5/2001 Period: PM PEAR HR Project ID: UNIVERSITY PLACE E/W St: SW 70TH STREET N/S St SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY I Eastbound I Westbound I Northbound I Southbound I L T R ( L T R ( L T R 1 L T R l No. Lanes ( 1 1 0 1 1 1 d I 1 2 0 1 1 2 0 LGConfig I L TR L TR i L TR I L TR Volume 140 31 41 1184 134 190 141 289 55 161 416 76 Lane Width 111.0 11.0 111.0 11.0 111.0 11.0 111.0 11.0 RTOR- Vol 1 0 1 0 1 0 1 0 Inter.: SW 70 ST /SW 62 AVE Area Type: All other areas Jurisd: SOUTH MIAMI Year : EXISTING Duration 0.25 Area Type: All other areas Signal' Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A I NB Left P Thru A ( Thru P Right A ( Right P Pads 1 Peds WB Left A ( SB Left A P Thru A ( Thru A P Right A ( Right A P Peds ( Peds NB Right { EB 'Right SB Right 1 WB Right Green 20.0 5.0 35.0 Yellow 4.0 3.0 3.0 All Red 0.0 0.0 0.0 Cycle Length: 70.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) Vic g/C Delay LOS Delay LOS Eastbound L 132 463 0.45 0.29 22.9 C TR 474 1659 0.20 0.29 19.2 B 20.6 C Westbound L 357 1250 0.68 0.29 - 27.2 C TR 466 1631 0.86 0.29 38.2 D 34.1 C Northbound L 380 759 0.13 0.50 10.1 B TR 1664 3328 0.24 0.50 10.3 B 10.2 B Southbound L 570 1711 0.15 0.61 5.8 A TR 2055 3346 0.30 0.61 6.4 A 6.4 A Intersection Delay - 17.6 (sec.,veh) Intersection LOS - B Page 1 5D62AEAM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Inter.: SUNSET SR /SW 62 AVE Agency: Area Type: All other areas Date: 5/5/2001 Jurisd: SOUTH MIAMI Period: AM PEAR HR Year : EXISTING Project ID: UNIVERSITY PLACE E/W St: SUNSET DRIVE N/S St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY I Eastbound I Westbound 1 Northbound I Southbound { I L T R I L T R 1 L T R I L T R ) No. Lanes 1 1 2 1 ) 1 2 1 1 1 2 0 1 1 2 0 j LGConfig I L T R I L T R { L TR j L TR { Volume 1453 1235 146 188 476 39 183 230 63 179 222 46 1 Lane Width 111.0 11.0 11.0 111.0 11.0 11.0 111.0 11.0 111.0 11.0 1 RTOR Vol 1 0 1 0 1 0 { 0 1 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4) 5 6 7 8 EB Left A P { NB Left A P Thru P { Thru P Right P ( Right P Peds { Peds WB Left A P ( SB Left A P Thru P 1 Thru P Right P ) Right P Peds I Peds NB Right { EB Right SB Right { WB Right Green 25.0 61.0 9.0 29.0 Yellow 3.0 4.0 3.0 4.0 All Red 0.0 1.0 0.0 1.0 Cycle Length: 140.0 secs Intersection Performance Summary Appr / Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) V/c g/C Delay LOS Delay LOS Eastbound L 569 T 1491 R 667 Westbound L 369 T 1491 R 667 Northbound L 266 TR 686 Southbound L 250 TR 687 1711 0.86 0.64 28.1 C 3421 0.66 0.44 42.5 D 37.4 D 1531 0.28 0.44 26.4 C 1711 0.34 0.64 24.0 C 3421 0.40 0.44 27.9 C 26.9 C 1531 0.08 0.44 23.3 C 1711 0.45 0.29 39.4 D 3311 0.51 0.21 51.9 D 1711 0.39 0.29 38.8 D 3317 0.45 0.21 50.7 D 48.7 D 47.8 D Intersection Delay - 37.8 (sec/veh) Intersection LOS - D Page 1 �Ec M. tXt S �4A HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Agency: Date: 5/5/2001 Period: PM PEAK HR Project ID: UNIVERSITY PLACE Inter.: SUNSET SR/SW 62 AVE Area Type: All other areas Jurisd: SOUTH MIAMI Year : EXISTING E/W St: SUNSET DRIVE NIS St: SW 62ND AVE No. Lanes LGConfig Volume Lane Width RTOR Vol Eastbound L T R IGNALIZED INTERSECTION SUMMARY } Westbound I Northbound I Southbound I I L T R I L T R I L T R 1 1 2 1 1 1 2 1 1 1 2 0 I 1 2 0 i L T R i L T R L TR 1 L TR 213 708 104 1145 1301 25 1234 216 50 163 280 323 1 11.0 11.0 11.0 1 0 11.0 11.0 11.0 111.0 11.0 111.0 11.0 0 0.51 1 0 1 0 1 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A P I NB Left P P Thru P 1 Thru P Right P i Right P Peds I Peds WB Left A P i SB Left P P Thru P ( Thru P Right P I Right P Peds 1 Peds NB<t Right 1 EB Right SB Right ( WB Right Green 9.0 71.0 11.0 33.0 Yellow 3.0 4.0 3.0 4.0 All Red 0.0 1.0 0 0 1 0 Appri Lane Lane Group Grp Capacity Cycle Length: 140.0 Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate (s) Vic g/C Delay LOS Delay LOS Lastbound L 185 1711 1.19 0.59 166.1 F' T 1735 3421 0.44 0.51 22.7 C 50.2 D R 776 1531 0.19 0.51 19.4 B Westbound L 371 1711 0.44 0.59 15.6 B T 1735 3421 0.81 0.51 32.9 C 30.8 C R 776 1531 0.04 0.51 17.5 B Northbound L 199 1711 1.45 0.34 279.3 F TR 777 3297 0.40 0.24 46.7 D 158.9 F Southbound L 323 1711 0.22 0.34 34.2 C TR 744 3155 0.91 0.24 69.2 E 65.9 E Intersection Delay - 61.5 (sec/veh) Intersection LOS - E 7 Page 1 secs APPENDIX B Future Intersection Levels of Service Without Project 70S62AFAM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Inter.: SW 70 ST/SW 62 AVE Agency: Area Type: All other areas Date: 5/5/2001 Jurisd: SOUIH MIAMI Period: AM PEAK HR Year : FUIURE W/O PROJECT Project ID: UNIVERSITY PLACE E/W St: SW 70TH STREET NIS St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A { NB Left P Thru A 1 Thru P Right A ( Right P Peds { Peds WB Left A 1 SB Left A P Thru A 1 Thru A P Right A 1 Right A P Peds 1 Peds NB Right 1 EB Right SB Right 1 WB Right Green 15.0 10.0 35.0 Yellow 4.0 3.D 3.0 All Red 0.0 0.0 0.0 i Eastbound I Westbound I Northbound { Southbound Cycle 1 L T R I L T R { L T R { L T R { No. Lanes 1 1 1 0 1 1 1 0 1 1 2 0 I { 1 2 0 i LGConfig I L TR { L TR I L TR 1 L TR Volume 123 69 21 150 38 41 189 458 229 1189 316 54 1 Lane Width 111.0 11.0 111.0 11.0 111.0 11.0 111.0 11.0 { RTOR Vol 1 0 1 0 1 0 1 0 I Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A { NB Left P Thru A 1 Thru P Right A ( Right P Peds { Peds WB Left A 1 SB Left A P Thru A 1 Thru A P Right A 1 Right A P Peds 1 Peds NB Right 1 EB Right SB Right 1 WB Right Green 15.0 10.0 35.0 Yellow 4.0 3.D 3.0 All Red 0.0 0.0 0.0 Page 1 Cycle Length: 70.0 secs Intersection Performance Summary Appri Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) Vic g/C Delay LOS Delay LOS Eastbound L 264 1233 0.11 0.21 22.3 C TR 373 1739 0.35 0.21 23.9 C 23.6 C Westbound L 254 1186 0.34 0.21 24.1 C TR 359 1675 0.31 0.21 23.7 C 23.8 C Northbound L 465 929 0.28 0.50 11.6 B TR 1630 3259 0.48 0.50 12.5 B 12.4 B Southbound L 498 1711 0.43 0.69 5.7 A TR 2289 3338 0.18 0.69 4.0 A 4.6 A Intersection Delay - 12.0 (sec /veh) Intersection LOS - B Page 1 70S62AFPM.txt SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound I Northbound I Southbound L T R L T R ( L T R L T R No. Lanes 1 1 0 1 1 0 1 2 0 1 2 0 LGConfig I L TR L TR L TR L TR Volume 141 32 42 1191 139 197 142 299 57 163 431 79 Lane Width 111.0 11.0 111.0 11.0 111.0 11.0 111.0 11.0 RTOR Vol 1 0 1 0 1 0 1 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left P Thru A Thru P Right A Right P Peds Peds WB Left A SB Left A P Thru A Thru A P Right A Right A P Peds Peds NB Right EB Right SB Right WB Right Green 20.0 5.0 35.0 Yellow 4.0 3.0 3.0 All Red 0.0 0.0 0.0 Cycle Length: 70.0 Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Inter.: SW 70 ST/SW 62 AVE Agency: TR 474 Area Type; All other areas Date: 5/5/2001 19.2 Jurisd: SOUTH MIAMI Period: PM PEAK HR Year : FUTURE W/O PROJECT Project ID: UNIVERSITY PLACE E/1 St: SW 70TH STREET N/S St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound I Northbound I Southbound L T R L T R ( L T R L T R No. Lanes 1 1 0 1 1 0 1 2 0 1 2 0 LGConfig I L TR L TR L TR L TR Volume 141 32 42 1191 139 197 142 299 57 163 431 79 Lane Width 111.0 11.0 111.0 11.0 111.0 11.0 111.0 11.0 RTOR Vol 1 0 1 0 1 0 1 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A NB Left P Thru A Thru P Right A Right P Peds Peds WB Left A SB Left A P Thru A Thru A P Right A Right A P Peds Peds NB Right EB Right SB Right WB Right Green 20.0 5.0 35.0 Yellow 4.0 3.0 3.0 All Red 0.0 0.0 0.0 Cycle Length: 70.0 Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 122 427 0.49 0.29 23.9 C TR 474 1660 0.21 0.29 19.2 B 21.0 C Westbound L 356 1247 0.71 0.29 28.6 C TR 466 1631 0.89 0.29 42.2 D 37.0 D Northbound L 371 742 0.14 0.50 10.2 B TR 1665 3329 0.24 0.50 10.3 B 10.3 B Southbound L 562 1711 0.16 0.61 5.8 A TR 2055 3346 0.31 0.61 6.5 A 6.4 A Intersection Delay = 18.6 (sec /veh) Intersection LOS - B Page 1 secs SD62AFAM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Inter.: SUNSET SR/SW 62 AVE Agency: Area Type: All other areas Date 5/5/2001 Jurisd: SOUTH MIAMI Period: AM PEAK HR Year : FUTURE W/O PROJECT Project ID: UNIVERSITY PLACE EiW St: SUNSET DRIVE NIS St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY Eastbound I Westbound Northbound Southbound L T R I L T R L T R L T R No. Lanes 1 1 2 1 1 1 2 1 j 1 2 0 1 2 0 LGConfig I L T R I L T R L TR L TR Volume 1469 1280 151 191 493 40 186 238 65 182 230 46 Lane Width 111.0 11.0 11.0 1.11.0 11.0 11.0 111.0 11.0 111.0 11.0 RTOR Vol 1 0 1 0 1 0 1 0 Duration 0.25 Area Type: All other areas Signal Operations 1711 0.90 Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A P NB Left A P Thru P 1531 Thru 0.44 P Right P Right P Pads ( Pads L 369 WB Left A P SB Left A P Thru P 3421 Thru 0.44 P Right P C Right 1531 P Pads 23.3 C Pads Northbound NB Right EB Right SB Right L 261 WB Right 0.29 39.7 Green 25.0 61.0 TR 686 9.0 29.0 Yellow 3.0 4.0 D 49.0 3.0 4.0 All Red 0.0 1.0 0.0 1.0 L 246 1711 0.41 Cycle Length: 140.0 secs D Intersection Performance Summary TR 667 Appri Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Intersection Delay 39.7 (seciveh) Intersection Grp Capacity (s) vic g/C Delay LOS Delay LOS Eastbound L 560 1711 0.90 0.64 34.1 C T 1491 3421 0.89 0.44 45.1 D 40.6 D R 667 1531 0.29 0.44 26.6 C Westbound L 369 1711 0.35 0.64 25.4 C T 1491 3421 0.42 0.44 28.1 C 27.4 C R 667 1531 0.08 0.44 23.3 C Northbound L 261 1711 0.48 0.29 39.7 D TR 686 3311 0.52 0.21 52.2 D 49.0 D Southbound L 246 1711 0.41 0.29 39.0 D TR 667 3316 0.47 0.21 51.0 D 48.2 D Intersection Delay 39.7 (seciveh) Intersection LOS D Page 1 SD62AFPM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Agency: Date 5/5/2001 Period: PM PEAK HR Project ID: UNIVERSITY PLACE E/W St: SUNSET DRIVE No. Lanes LGConfig Volume Lane Width RTOR Vol Eastbound L T R Inter.: SUNSET SR/SW 62 AVE Area Type: All other areas Jurisd: SOUTH MIAMI Year : FUTURE W/O PROJECT N/S St: SW 62ND AVE IGNALIZED INTERSECTION SUMMARY I Westbound 1 Northbound I Southbound 1 I L T R 1 L T R I L T R 1 2 1 I 1 2 1 I 1 2 0 I 1 2 0 I L T R I L T R I L TR I L TR- I 221 734 108 1150 1348 26 1242 224 52 165 290 335 11.0 11.0 11.0 0 11.0 11.0 11.0 111.0 11.0 111.0 11.0 0 1 0 1 0 I Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A P I NB Left P P Thru P I Thru P Right P I Right P Peds I Peds WB Left A P ( SB Left P P Thru P 1 Thru P Right P I Right P Peds Peds NB Right I EB Right SB Right I WB Right Green 9..0 71.0 11.0 33.0 Yellow 3.0 4.0 3.0 4.0 All Red 0.0 1.0 0.0 1.0 Cycle Length: 140.0 secs Intersection Performance Summary Appr / Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound 0.59 217.7 L 174 1711 T 1735 3421 R 776 1531 Westbound 0.59 16.0 L 360 1711 T 1735 3421 R 776 1531 Northbound 0.34 298.0 L 199 1711 TR 777 3297 1.31 0.59 217.7 F 0.45 0.51 23.0 C 60.4 E 0.20 0.51 19.5 B 0.47 0.59 16.0 B 0.84 0.51 34.4 C 32.2 C 0.04 0.51 17.5 B 1.50 0.34 298.0 F 0.41 0.24 46.9 D 168.0 F Southbound L 319 1711 0.23 TR 744 3155 0.94 Intersection Delay =, 67.0 0.34 34.4 C 0.24 74.1 E 70.4 E (sec /veh) Intersection LOS = E Page'1 APPENDIX C Future Intersection Levels of Service With Project P b 70S62APAM.txt a Page 1 HCS2000: Signalized Intersections Release 4.1 Analyst: J. Agency: AHLSTEDT Inter.: SW 70 ST/SW 62 AVE Date: Area Type: All other areas Period: AM M PEAK P PEAK HR Jurisd: SOUTH MIAMI Project ID: Year : FUTURE WITH PROJECT UNIVERSITY PLACE - ALTERNATIVE "A" E/W St: SW 70TH STREET NIS St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY LEastT undR ( Westbound ( Northbound I Southbound I L T R I L T R I L T R No. Lanes 1 1 1 0 1 1 0 I I LGConfig ( L TR I 1 2 0 j 1 2 0 I L TR Volume Lane Width 123 69 21 111.0 11.0 ( L TR I L TR 169 38 41 I 111.0 11.0 X89 458 244 1189 316 54 RTOR Vol 1 0 111.0 11.0 111.0 11.0 I 1 0 O 0 Duration 0.25 Area Type: All other areas Phase Combination 1 2 Signal Operations EB Left A 4 I NB Left 5 6 7 B Right A I Thru P Peds I Right p WB Left A I Peds Thru A I SB Left A P Right A I Thru A P Peds I Right A P NB Right I Peds SB Right I EB Right Green Yellow 15.0 1 WB Right 10.0 35.0 4.0 All Red 0.0 3.0 3.0 0.0 0.0 Appri Lane Intersection Performance Summaryycle Length: 70.0 secs Adj Sat Lane Group Flow Rate Ratios Lane Grou A P pproach Grp Capacity (s) Vic 9/C Delay LOS Delay LOS Eastbound L 264 TR 373 1233 0.11 0.21 22.3 C 1739 0.35 0.21 23.9 C 23.6 C Westbound L 254 TR 359 1186 0.47 0.21 25.4 C 1675 0.31 0.21 23.7 C 24.5 C Northbound L 465 929 TR 1626 3252 0.28 0.50 11.6 B 0.49 0.50 12.6 B 12.5 B Southbound L 492 TR 2289 1711 3338 0.43 0.69 5.8 A 0.18 0.69 4.0 A 4.6 A Intersection Delay - 12.4 (sec /veh) Intersection LOS - B a Page 1 is Analyst Agency: Date: Period: Project E/W St: 70562APPM.txt HCS2000: Signalized Intersections Release 4.1 J. AHLSTEDT Inter.: SW 70 ST /SW 62 AVE Area Type: All other areas 5/5/2001 Jurisd: SOUTH MIAMI PM PEAK HR Year : FUTURE WITH PROJECT ID: UNIVERSITY PLACE - AALTERNATIVE "A SW 70TH STREET NIS St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY I Eastbound ( Westbound ( Northbound { Southbound { I L T R { L T R J L T R I L T R No. Lanes 1 1 1 0 { 1 1 0 {, 1 2 0 { 1 2 0 I LGConfig I L TR I L TR I L TR ( L TR { Volume - 141 32 42 1203 141 200 142 299 103 163 431 79 1 Lane Width 111.0 11.0 111.0 11.0 111.0 11.0 111.0 11.0 1 RTOR Vol 1 0 1 0 1 0 1 0 1 Duration 0.25 Area Type: All Signal Phase Combination 1 2 3 EB Left A Thru A Right A Peds WB Left A Thru A Right A Peds NB Right SB Right other areas 20.0 5.0 Operations Yellow 4.0 4{ 5 6 7 8 I NB Left 0.0 P I Thru 0.50 P { Right TR 2055 P { Peds A Appri { SB Left A P { Thru A P { Right A P { Peds Delay LOS { EB Right { WB Right Green 20.0 5.0 35.0 Yellow 4.0 3.0 3.0 All Red 0.0 0.0 0.0 Southbound 0.50 Cycle Length: 70.0 TR 2055 Intersection Performance Summary A Appri Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) Vic g/C Delay LOS Delay LOS Eastbound L 117 409 0.51 0.29 24.7 C TR 474 1660 0.21 0.29 19.2 B 21.3 C Westbound 0.29 L 356 1247 TR 466 1632 Northbound D 39.4 D L 371 742 TR 1638 3275 Southbound 0.50 L 528 1711 TR 2055 3346 0.75 0.29 31.3 C 0.90 0.29 44.5 D 39.4 D 0.14 0.50 10.2 B 0.28 0.50 10.6 B 10.6 B 0.17 0.61 5.9 A 0.31 0.61 6.5 A 6.4 A Intersection Delay - 19.5 (sec/veh) Intersection LOS - B I Page 1 secs is 5D62APAM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Inter.: SUNSET SR/SW 62 AVE Agency: Area Type: All other areas Date: 5/5/2001 Jurisd: SOUTH MIAMI Period: AM PEAR HR Year : FUTURE WITH PROJECT Project ID: UNIVERSITY PLACE - ALTERNATIVE "A" 1 1 2 0 E/W St: SUNSET DRIVE N/S St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY ( Eastbound I Westbound ( Northbound ( Southbound ( L T R I L T R I L T R I L T R No. Lanes 1 1 2 1 1 1 2 1 ( 1 2 0 1 1 2 0 LGConfig I L T R I L T R ( L TR ( L TR i Volume 1478 1280 151 191 520 40 186 244 65 182 249 48 1 Lane Width 111.0 11.0 11.0 111.0 11.0 11.0 111.0 11.0 111.0 11.0 1 RTOR Vol 1 0 1 0 1 0 1 0 I Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A P I NB Left A P Thru P J Thru P Right P I Right P Peds I Peds WB Left A P I SB Left A P Thru P I Thru P Right P i Right P Peds } Peds NB Right I EB Right SB Right I WB Right Green 25.0 61.0 9.0 29.0 Yellow 3.0 4.0 3.0 4.0 All Red 0.0 1.0 0.0 1.0 Cycle Length: 140.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) Vic g/C Delay LOS Delay LOS Eastbound L 546 1711 0.94 0.64 42.9 D T 1491 3421 0.89 0.44 45.1 D 42.8 D R 667 1531 0.29 0.44 26.6 C Westbound L 369 1711 0.35 0.64 25.4 C T 1491 3421 0.44 0.44 28.5 C 27.7 C R 667 1531 0.08 0.44 23.3 C Northbound L 253 1711 0.49 0.29 39.9 D TR 686 3314 0.53 0.21 52.5 D 49.3 D Southbound L 243 1711 0.42 0.29 39.1 D- TR 688 3322 0.50 0.21 51.6 D 48.8 D Intersection Delay = 41.0 (sec/veh) Intersection LOS D Page 1 r 1 SD62APPM.txt HCS2000: Signalized Intersections Release 4.1 Analyst: J. AHLSTEDT Inter.: SUNSET SR/SW 62 AVE Agency: Area Type: All other areas Date: 5/5/2001 Jurisd: SOUTH MIAMI Period: PM PEAK HR Year : FUTURE WITH PROJECT Project ID: UNIVERSITY PLACE`- ALTERNATIVE "A E/Wd St: SUNSET DRIVE NIS St: SW 62ND AVE SIGNALIZED INTERSECTION SUMMARY 1 Eastbound 1 Westbound I Northbound 1 Southbound 1 L T R 1 L T R 1 L T R 1 L T R 1 No. Lanes 1 1 2 1" 1 1 2 1 1 1 2 0 1 1 2 0 LGConfig I L T R ( L T R 1 L TR 1 L TR Volume 148 734 108 1150 1366 26 1242 243 52 165 302 335 Lane Width 111.0 11.0 11.0 111.0 11.0 11.0 111.0 11.0 111.0 11.0 RTOR Vol 1 0 1 0 1 0 1 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A P I NB Left P P Thru P 1 Thru P Right P 1 Right P Peds 1 Peds WB Left A P 1 SB Left P P Thru P 1 Thru P Right P 1 Right P Peds 1 Peds NB Right 1 EB Right SB Right i WB Right Green 9.0 71.0 11.0 33.0 Yellow 3.0 4.0 3.0 4.0 All Red 0.0 1.0 0.0 1.0 Cycle Length: 140.0 Intersection Performance Summary Appri Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) Vic g/C Delay LOS Delay LOS Eastbound L 174 1711 0.28 0.59 24.1 C T 1735 3421 0.45 0.51 23.0 C 22.5 C R 776 1531 0.20 0.51 19.5 B Westbound L 360 1711 0.47 0.59 16.0 B T 1735 3421 0.85 0.51 35.1 D 32.8 C R 776 1531 0.04 0.51 17.5 B Northbound L 199 1711 1.50 0.34 296.4 F TR 779 3304 0.44 0.24 47.4 D 163.6 F Southbound L 309 1711 0.24 0.34 34.6 C TR 745 3160 0.96 0.24 77.3 E 73.4 E Intersection Delay - 58.6 (secrveh) Intersection LOS E secs Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Major Date: July 24, 2001 and City commission From: Charles D. Scurr City Manager RE: Agenda Item # Comprehensive Plan Text Amendment Conservation/Recreation Element Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City has been applying for grants to assist in the funding of acquisition costs for the "Hammock House park facility. One of the grant applications is to the Florida Communities Trust (FCT), an important land acquisition program administered by the Florida Department of Community Affairs. The application to the FCT is a competitive application, with many municipalities throughout the State competing for a limited amount of funding each year. Each FCT application is scored according to several criteria. Cities can score up to 50 additional points on the application by having certain goals, objectives and policies in place within their Comprehensive Plans. These policies encourage cities to seek funding for conservation, recreation and open space purposes, to cooperate with other agencies in the funding of such facilities, to preserve and protect native species, and to encourage the creation of greenways and trails. Comp Plan Text Amendment Conservation/Recreation & Open Space July 242001 Page 2 The Administration believes that an amendment to the text of the City of South Miami Comprehensive Plan, adding and improving the appropriate objectives and policies, would help the City to score much higher on these competitive applications. The proposed policies would be of an advisory nature, encouraging the City to acquire recreation and open space facilities in future, but not mandating or requiring specific action. LOCAL PLANNING AGENCY (PLANNING BOARD) RECOMMENDATION The Planning Board, acting in its capacity as the Local Planning Agency, at its July 10, 2001 meeting recommended approval of the proposed amendment. The motion to approve was made by Mr. Liddy and seconded by Mr. Illas. The motion was adopted by a vote of S ayes 0 nays. RECOMMENDATION It is recommended that the proposed ordinance be approved on first reading. Attachments: Proposed Ordinance City Commission Resolution 75 -01 -11223 ( initiating amendment) Florida Communities Trust Application Material Planning Board Minutes 7 -10 -01 Public notices kL CS /RGL /SAYS'° D: \Comm Items \2001 \7 -24 -01 \Comp Plan amend Conser open space report.doc 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN 6 IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION 7 ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES 8 ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, 9 GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR 10 RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER 11 SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING 12 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 13 FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the City has completed the acquisition of Open Space Park, and contemplates the 16 acqusition of Hammock House, and, in the future, may desire to acquire additional park and recreational 17 land, and 18 19 WHEREAS, grant programs from the State of Florida, such as the Florida Communities Trust, and 20 Land and Water Conservation Program, have requirements that municipalities that apply for grants have 21 certain goals, objectives and policies contained within their Comprehensive Plans regarding land 22 acquisition for park and recreational facilities, greenways and trails, and protection of native species, and 23 24 WHEREAS, the City's Comprehensive Plan currently contains only limited reference to some of 25 the items which are used as grant scoring criteria, and the City wishes to add policies to the Comprehensive 26 Plan which will help South Miami's grant applications score higher on these competitive applications, and 27 28 WHEREAS, the proposed amendments to the text of the Conservation Element and the Recreation 29 and Open Space Element of the Comprehensive Plan are of an advisory nature, encouraging the City to 30 acquire recreation and open space facilities in future, but not mandating or requiring specific action; and 31 32 WHEREAS, on July 10, 2001, after Public Hearing regarding the subject Comprehensive Plan 33 amendment the Planning Board, acting in its capacity as the Local Planning Agency, voted 5 -0 to approve 34 the amendment and to transmit it to the City Commission for their adoption, and 35 36 WHEREAS, the City Commission desires to accept the recommendations of the Planning Board 37 acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE 40 CITY OF SOUTH MIAMI, FLORIDA: 41 42 43 Section 1. That the Conservation Element of the City of South Miami Comprehensive Plan is hereby 44 amended to read as follows: 45 46 47 CONSERVATION ELEMENT 48 GOALS, OBJECTIVES AND POLICIES 49 50 51 Goal 1 To preserve and enhance the significant natural features in South Miami. 52 I Objective LI In order to help achieve compliance with State Departmental Environmental 2 Regulations on air quality, include appropriate landscaping provisions in a 3 revised development code, and include public landscaping and bikeway 4 improvements, in the general fund. 5 6 Policy 1.1.1 Continue to both require landscaping as a part of new private development and 7 landscape public areas in order to minimize air pollution. 8 9 Policy 1.1.2 The Traffic Element emphasizes use of expressways by commuters in order to 10 minimize traffic idling on streets within South Miami; work with the Metropolitan 11 Planning Organization [MPOJ in this regard. 12 13 Policy 1.1.3 Continue to encourage the use of Metrorail, bicycles and other alternatives to the 14 automobile through capital improvements. 15 16 Objective 1.2 Utilize drainage practices to minimize water pollution particularly in the Snapper 17 Creek Canal and Orr wellfield cone of influence; supplement with improvement 18 projects. 19 20 Policy 1,2.1 The City's review of development applications (and any City drainage projects) 21 shall use retention and, subsurface drains, that are acceptable to the South Florida 22 Water Management District and the Dade County Department of Environmental 23 Resources and Management. 24 25 Policy 1.2.2 The City shall cooperate with State and County agencies in protecting the wellfield 26 that abuts the City's western boundary; include in revised development code as 27 necessary, including hazardous waste controls. (See Land Use Plan and 28 Infrastructure Elements.) 29 30 Policy 1.2.3 The City shall cooperate with the Miami -Dade Water and Sewer Department in the 31 extension of sanitary sewer lines in order to replace septic tank usage (particularly 32 in the Brewer Canal corridor). 33 34 Policy 1.2.4 Cooperate with the Dade County DERM to eliminate any future leaking 35 underground tanks or clean -up sites. 36 37 Policy 1.2.5 The City shall continue to preserve its natural areas and open space to ensure the 38 protection and enhancement of Groundwater quality. 39 40 Objective 1.3 Continue to protect, restore and enhance remaining tree stands, natural plant 41 communities, and other significant vegetation and wild life habitats. 42 43 Policy 1.3.1 The City's Environmental Review and Preservation Board will continue to monitor 44 and preserve vegetative communities and the natural functioning of the City's soils, 45 canals and wild life habitat. 46 47 Policy 1.3.2 Retain the natural features character of Fuchs, Dante Fascell and Brewer parks. 48 49 Polio The City shall explore, where feasible, the acquisition of natural areas and open 50 space, using a variety grant funding methods, and, when possible, in 51 coordination with Federal, State and Countv agencies and nonprofit organizations. 52 I Objective 1.4 Assist the County in implementation of its proposed water conservation program. 2 3 Policy 1.4.1 The City shall assist the County in its proposed waster conservation program 4 through plumbing requirements, and xeriscape plant materials in medians and 5 parks. 6 7 Note: Policies 9J- 5.013(2)(c) 5, 6, 8 and 9 are not applicable due to the very limited amount of 8 natural water bodies, vegetation and wildlife. 9 10 Section 2. That the Recreation and Open Space Element of the City of South Miami Comprehensive Plan 11 is hereby amended to read as follows: 12 13 RECREATION AND OPEN SPACE ELEMENT 14 GOALS, OBJECTIVES AND POLICIES 15 16 Goal 1 To ensure the availability of adequate park facilities and open space for the 17 citizens of South Miami. 18 19 Objective 1.1 Operate a City park facilities system of at least 31 acres. 20 21 Policy 1.1.1 Retain the existing park* acreage and facilities, thereby providing a level of 22 service standard of 4 acres per 1,000 population. See Table 6 -3 for facility 23 standard guidelines. *Includes City and School Board recreation acreage. 24 25 Policy 1.1.2 Continue the recent budget emphasis upon park facility maintenance plus 26 enhancement projects such as lighting and rest rooms; continue to explore, when 27 feasible, additional acquisition of property for recreation and open space, in 28 conjunction with a variety of available grant funding options. no additional 29 aer-eage is needed or Fecommended due to stable populatio 30 31 Policy 1.1.3 Monitor citizen views on park facility needs and usage as a basis for facility and 32 program planning. 33 34 Policy 1.1.4 Although current services exceed national standards, the community via the 35 Hometown Too Charrette process has shown a strong desire for additional services 36 and a Community facility to provide for a variety of recreational and social 37 programs within the community. Provide new facility by the year 2001. 38 39 Objective 1.2 Through coordination with public and private agencies, the City shall make 40 certain that the six supplemental recreational and open space facilities in the City 41 plus two nearby County parks remain available at reasonable hours and 42 conditions. 43 44 Policy 1.2.1 The City shall work with County school and park officials to assure that their 45 recreation facilities continue to help meet South Miami citizen needs. 46 47 Policy 1.2.2 The City Recreation Department shall continue to coordinate its programming with 48 such quasi- public facilities as the YMCA. 49 50 Policy 1.2.3 Continue to explore opportunities for greenways and trails, in conjunction with 51 State, County, and other local government jurisdictions. 52 1 2 3 4 5 6 7 8 9 10 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 42 43 44 45 46 47 48 49 50 51 Objective 1.3 To retain public access to all seven City parks plus the community center (including shoreline access at the three canal front parks). Policy 1.3.1 The City shall continue to assure full public access to its parks, park shore lines along the canals and (at appropriate hours) the community center. Also, provide for a new community center by 2001. Continue to explore opportunities for additional waterfront recreation facilities. Policy 1.3.1 The City shall assist the Metropolitan Dade County Department of Environmental Resource Management in the protection and preservation of the Girl Scout Park as a "natural forest community ", for as long as the park is designated by DERM as a "natural forest community." Section 3. Any sections or parts of sections of this ordinance may be renumbered and/or combined with other sections or parts of sections of the City of South Miami Comprehensive Plan and any amendments thereto, as is necessary to ensure the continuity and consistency within and between the various elements of the City of South Miami Comprehensive Plan. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall take effect in accordance with the provisions set forth in § 163.3189(2)(a), Florida Statutes. PASSED AND ADOPTED this ATTEST: CITY CLERK day of 52001 APPROVED: MAYOR Commission Vote: READ AND APPROVED AS TO FORM: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: CITY ATTORNEY NOTE: New wording underlined; wording to be removed indicated by strike - through. RESOLUTION NO. 75 -01 -11223 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE TEXT OF THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN RELATED TO LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has completed the acquisition of Open Space Park, and contemplates the acquisition of Hammock House, and, in future, may desire to acquire additional park and recreational land, and WHEREAS, grant programs from the State of Florida, such as the Florida Communities Trust, and Land and Water Conservation Program, have requirements that municipalities that apply for grants have certain goals, objectives and policies contained within their Comprehensive Plans regarding land acquisition for park and recreational facilities, greenways and trails, and protection of native species, and WHEREAS, the City's Comprehensive Plan currently contains only limited reference to some of the items which are used as grant scoring criteria, and the City wishes to add policies to the Comprehensive Plan which will help South Miami's grant applications score higher on these competitive applications, and WHEREAS, the proposed amendments to the text of the Conservation Element and the Recreation and Open Space Element of the Comprehensive Plan are of an advisory nature, encouraging the City to acquire recreation and open space facilities in future, but not mandating or requiring specific a ,tion, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. An amendment to the text of the City of South Miami Comprehensive Plan, adding and improving objectives and policies regarding land acquisition for park and recreational facilities, greenways and trails, and protection of native species, shall be brought forward to the Planning Board and to the City Commission, for transmittal to the Florida Department of Community Affairs. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5h day of June, 2001 ATTEST: APPROVED- CITY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 4AR1 NEY Mayor Robaina: Yea Vice -Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea (3) COMMUNITY PLANNING SECTION (a) Comprehensive Plan Implementation For each of the following criteria that are furthered by the local comprehensive plan, cite no more than five (5) relevant objectives or policies in each response. If the response to a criterion is 'No' move to the next question. If the response to a criterion is "Yes' cite the objective or policy number and paraphrase the plan directive, provide a brief discussion of how acquiring the site will further the cited objective or policy and include a copy of the objective or Policy in Exhibit A. If a copy of the entire objective or policy that is cited in response to a criterion is not included in Exhibit 'A or amendments are not provided in Exhibit B, that objective or policy will not be evaluated and points will not be awarded. If a criterion addresses specific resources or facilities, these must be present on the project site in order for points to be awarded. If the project site is located entirely in one local government jurisdiction, the local comprehensive plan of the jurisdiction within which the project site is located shall be evaluated for scoring purposes. If the project site is located in two or more jurisdictions, the local comprehensive plan of each jurisdiction shall be compared for compatibility and evaluated for scoring purposes. 1. Will the project provide acreage or outdoor recreational facilities necessary to maintain or Yes No improve adopted levels of service standards established in the comprehensive plan for outdoor recreation? (5 points) Numeric citation and summary of objectivet or policies: Summary of how the pr %ctYurthers the objectives or policies: Forth FF -1 (Effective 05 -29 -2001) _ y— • " uIC pIVJCtil IUIl11C1 1.V111PICI Sol Sol VC NI v,OcuuvCJ 4tidl u(ISure acquitiam, VI Ilctluidl areas,."' n or open space though public' acquisition? ;: 5Ye (i?oints). -- -- Numerrc citation ands ,� nary of objectives or • ,:. • -z Summary of how the project furthers the objectives or policies: 3. Will the project further comprehensive plan directives'to provide new or enhanced public = - Yes : No access to water bodies and saltwater beaches? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 4. Will the project further future land use designations or comprehensive plan directives that Yes No provide for creating new or enhanced greenways or recreational trail systems? (5 points)' Numeric citation and summary of objectives or policies Summary of how the project furthers the objectives or policies: 5. Will the project further comprehensive plan directives that ensure the preservation of natural Yes No communities or listed animal species habitat? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: e. Will the project further comprehensive plan directives that provide for coordination among Yes No federal, state and local agencies or nonprofit organizations acquiring or managing natural' areas or open space for outdoor recreation? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 7. Will the project further comprehensive plan directives to restore or enhance degraded natural Yes No areas such as, restoration of natural communities, restoration of natural hydrology or removal of non - native vegetation? (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the,o,bjectives or policies: Form FF -1 (Effective 05 -29 -2001) Page 12 d. .r eo i.tice en Ct� sv�tiE;��;KCB w tJ N�a� v��c�uvC� t(ldi Ensure ine rocecuon or c . ,I enhancement g' " Y� F� ®f surface or groundwate�'quality? P (S poi Nu _ t 1 3_s: �.� nts ; rieric crta r n andsum � "} - �' ��-�• •' . . y of objectnres or polices: - Summary of how the project furthers the objectives or policies: No_ s. Will the project further comprehensive - plan "directives that ensure the preservation of historical, cultural or 'archaeological features? Note: The site must contain a feature or have Yes No ` a high probability that a feature is present on the site. (5 points) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: 10 Will the project further comprehensive plan directives that direct development to a locally Yes No designated urban infill, urban redevelopment or downtown revitalization area? (5 poirits) Numeric citation and summary of objectives or policies: Summary of how the project furthers the objectives or policies: I 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 performed roll call Board members present constituting a quorum: Mr. Liddy, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Juan Comendeiro. Board member absent: Mr. Mann. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Local Planning Agency Public Hearings LPA -01 -001 Applicant: Shoal Creek Properties L.L.C. Request :CONSIDERATION OF AN APPLICATION TO AMEND THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL (FOUR -STORY HEIGHT) CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY (FLEXIBLE HEIGHT UP TO 8 STORIES) ON A 2.8 ACRE VACANT SITE, SAID PROPERTY BEING LEGALLY DESCRIBED AS LOTS l THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70" STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. THE PURPOSE OF THE APPLICATION IS TO ALLOW FOR THE FUTURE CONSTRUCTION OF A RENTAL APARTMENT BUILDING Planning Board Meeting July 10, 2001 Action: Mr. Illas read the request into the record and Mr. Lorber presented a summary of the request where the applicant is requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential apartment building, designed to cater to the University of Miami students and young professionals who would welcome the convenience of the easy access to Metro -Rail and to most necessities within walking distance. The above - referenced amendment will change the site's Future Land Use Map category to the " Transit - Oriented Development District (TODD)" category. The main factor in this would be a switch from a primarily office /commercial designation to a residential designation, Mr. Lorber added. Also, the proposed amendment is consistent with important goals and policies of the City, such as: assuring availability of affordable housing; encouraging mixed -use residential multi- family projects in the Rapid Transit Zone; as well as discouraging urban commercial sprawl by promoting growth in the area surrounding the Metrorail transit station. The Board expressed some concern about setting a precedent with the expansion of the TODD zone, but staff explained that the Zoning Task Force has been discussing this issue in recent meetings, looking at the TODD in general, and is planning on recommending a moderate expansion in that district. It was also clarified by staff that this hearing was for the purpose of considering a: map change only, not for considering specific site development regulations. The Board and staff also discussed the amount of stories that should be allowed, as well as the traffic issue. Mr. Lorber noted that a detailed traffic study had been submitted by the applicant. Applicants: Joseph Goldstein, James Harris, Michael Getz (Shoal Creek Properties) Mr. Goldstein provided a detailed visual / verbal presentation of the proposal. The Board inquired about which lot size measurement (gross or net area) is used to determine F.A.R (floor -area ratio). Mr. Goldstein referred to the City's zoning code for explanation. The Board inquired as to the square footage- size of the dwelling units. The applicant's representative responded that the average size will be 930 s.£ with the highest being 1,130 s.f. (for the 3- bedroom unit). Mr. Lorber emphasized that all those details will be covered in the zoning application. The Board also raised concern regarding the height of the building which appears to them to exceed the maximum height allowed by code. Staff explained that some ornamentation above the roof may give the appearance of a higher structure but it is not counted as part of the height. Mr. Lorber informed the Board that the applicant would be required to go before the Environmental Review & Preservation Board (ERPB) for the ornamentation phase of the project. The Board expressed concern regarding this project as it would contribute to consume the valuable resources of the few vacant land existing in the City, and the fact that no provision was being made to provide affordable housing. Staff noted that renting is much more affordable than purchasing and a large scale of the population could benefit from the proj ect. 2 Planning Board Meeting July 10, 2001 The Board further inquired about the relatively small percentage of space designated for retail presented with the proposal. The applicant's representative noted that there were various issues involved such as security issues, possible lack of tenants, and that they would be bringing more information on this issue at their next presentation. Before opening the public hearing the attorney noted there was no need for the speakers to be sworn in since the following would not be a quasi - judicial hearing. Speakers: (residents in support of the proposal): Cal Rosenbaum, 6101 Sunset PI Joe C. Michael Miller, 6796 SW 62nd St Bill Enright, South Miami Hospital Christopher Cook- Yarborogh, 6800 SW 64tH Ave Luciana Barreto, 5959 SW 71" St Charles Fostini, 5900 SW 82nd Dick Ward, 8325 SW 62 °d Ct David Tucker, Sr., 2556 SW 78th Ter Roxanne Scalia, 6925 SW 63`d Ct Al Elias, 7150 SW 62"d Ave Greg Oravec, CRA Director (residents against the proposal): Walter Harris, 7100 SW 64th Ct Francis Meltzer, 8340 SW 60' Ave Dean Witman, 6259 SW 70th St Mark Radosevich, 5703 SW 83`d St Mario J Salazar, 7030 SW 63`d Ct Ida Harris, 7100 SW 64th Ct Gus Williams, 7000 SW 63rd Ct In summary, residents who spoke in support of the proposal, felt that the construction of a primarily residential apartment building would be beneficial to the City, since it would enhance the area, create a safer environment, particularly at night, and definitely be much better than having an office building. They also favor the idea of having accessible retail in the proposed area. For those residents who spoke against of the proposal, the majority expressed concern about over development within the City, and also preferred a four -story as opposed to a six -story building. Mr. Goldstein returned to the floor and recapped his presentation, assuring those present that the applicant will be working with the City with the details of the proposal as part of the rezoning process, which should be back before the Planning Board at its August 14th, 2001 meeting. Motion: Mr. Comendeiro moved and Ms. Gibson seconded the motion to approve the request to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the Future Land Use Category from the Mixed -Use Commercial Residential (four -story height) category to the TODD, Transit Oriented Development District category (flexible height up to 8 stories); the approval to be subject to the following staff recommended conditions: 3 Planning Board Meeting July 10, 2001 Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: • maximum number of dwelling units 300; • maximum height of structures on the site —6 stories (60 feet); • maximum floor -area -ratio -2.25; • minimum of 10,000 sq. ft. of retail / commercial space to be located along the ground floor of the S.W. 59th Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading (final adoption) of this Comprehensive Plan Land Use Amendment. the approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. Vote: Approved 5 Opposed 0 LPA -01 -002 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff presented the item emphasizing the need for this amendment which will help the City to score much higher on competitive applications for grants that will be used in the acquisition of recreation and open space facilities, preserve and protect native species, and encourage the creation of greenways and trails. Speakers: Joe C. Jay Beckman The Board and staff briefly discussed the request. Staff advised that time is of the essence on the proposed amendment due to a deadline in November of this year in order to qualify for the competition of these grants offered by the State. Staff also explained that these amendments are not intended to revise the entire element. The Conservation and Recreation elements are revised once every five years and the process is called EAR (Evaluation and Appraisal Report). 4 Planning Board Meeting July 10, 2001 Mr. Beckman addressed the Board and staff that during research for the previous LPA -01- 001, he found discrepancies in the Comprehensive Plan having to do with public facilities, etc. Mr. Lorber accepted his suggestions stating that these will be addressed at a later date. Motion: Mr. Comendeiro moved for approval of the request and Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 At this point Mr. Morton closed the Local Planning Agency agenda and called the Planning Board to order. IV. Planning Board : Public Hearings Mr. Morton announced that item PB -01 -011 (Corporate Property Services) on the agenda would be deferred at the request of the applicant. PR -M _n1 n Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON US I (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item. Speakers: David Tucker, Sr. Ricky Warman The Board and staff discussed the proposed amendment. Mr. Lorber explained there is a provision of the City Code which requires a minimum distance between an establishment selling alcoholic beverages and residential property, churches, and schools. The distance is five hundred feet. However, this provision also exempts restaurants facing Bird Road. The amendment would extend this exemption for all restaurants located on properties facing US L The issue of setting a precedent as for other fast food establishments to sell alcoholic beverages was also discussed. Motion: Mr. Morton moved approval of the request subject to the inclusion of wording limiting this exemption only to restaurants with consumption on the premises. Mr. Liddy seconded the motion. Vote: Approved 5 Opposed 0 5 Planning Board Meeting July 10, 2001 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of May 29, 2001 with an amendment to item PB -01 -004 (AT &T Wireless Services). See attached Revised Page 2 of May 29, 2001 minutes. Vote: Approved 5 Opposed 0 VI. Discussion Items There were no discussion items. i j VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:.30 PM. i RGL /mmm K: \PB \PB Minutes\2001 Minutes\MINS 07- 10- 01.doc 6 Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PP'. PUBLIC / INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, due to the above concerns, staff had recommended denial of the request. The revised plans submitted by the applicant show a reduct*`oti an the Height of the pole to 75 feet, also showi.ng.removal of the barbed: wire frorn the screen fencing around the Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman - (Lotterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal. The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for a five - minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42nd Terrace Martha Cruz, 5801 SW 42nd Terrace Manuel Lopez, 5990 SW 44th Terrace Speaker: (for YMCA) Mark Thompson 2 (Revised) NOTE: New wording underlined F SATURDAY, JULY 14, X2001 The Herald CITY OF SOUTH MIAMI NOTICE OF COMPREHENSIVE PLAN AMENDMENTS NOTICE OF PUBLIC HEARING All in persons are hereby notified that the City Commission of the City of South Miami will conduct a public heanng4, 2001 regular nnClat Commission meetinscheduled for Tuesday, July ZZ eg 9 Com PM in the Cifav Commission Chamber cittyy Hall 6130 Sunset Drive, to cons) er the following descrbed: ordinance(s): (A) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT IQ. THE FU ,T,UREDLe NRVUr ANG OF THE FUTURE LAND LAND MIAMI USE 25, Bl. BOUN BY SV ON TI APPLI OFAI P f BY SW 61 ST IS TO ALLOW f APARTMENT BU 70IH 51Htt FH BY SW 69 NUE. THE Pt HE FUTURE G. Location Map: Proposed Amendment (B) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE FLAN IN ORDER TO UPDATE ELEMENTS RECREATION THE AND OPEN BY ADDING AND CONSERVATION OBJECTIVES E ALOAL SEEN FFOR AND RECCRAT ONFCIIT EGRNWAYS AD ENBEROACDOBINA'E'TOVIFG RUMINGNDAR COMTIONPARSOTHIIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCE IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concernin this item should be directed to the Planning Department at 305 -63 -6326. All interested parties are invited to attend. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 296.10105, 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 U rri of the ❑roceedinas is de which record includes the testimony and evidence upon Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager a f, Date: July 24 2001 RE: Agenda Item # City Code Amendment Alcoholic Beverages Distance Separation Request • AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON US I (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City Code provides a minimum distance requirement between an establishment selling alcoholic beverages and residential property, churches, and schools. The distance is five hundred (500) feet. In 1998, the City adopted an ordinance amendment to make a special exception to the distance requirement from residential property for restaurants located on Bird Road that serve beer and wine. This was due to the commercial characteristics of Bird Road and its immediate location adjacent to residential areas. The same situation exists on a portion of US 1 (South Dixie Highway). All properties within the Hometown District on South Dixie Highway, are currently exempt from the residential distance requirement. Properties located between SW 80 Street and approximately SW 73 Street which are zoned GR and also face South Dixie Highway could similarly be exempt. The attached ordinance provides the exemption. City Code Amendment Alcohol Distance Separation July 24, 2001 Page 2 The exemption is only for restaurants that serve beer and wine; liquor is not included in the exemption. Establishments under this provision must be an approved restaurant use where no bar is provided, where food is served in conjunction with alcoholic beverages, and where a permanent, opaque buffer is provided between the premises and any and all adjoining properties which are zoned residential. Note that distance requirements from churches and schools shall continue to be observed. It is anticipated that a restaurant such as "Schlotsky's Deli" could utilize such a provision to serve beer and wine. Service of beer and wine would be only be permitted for patrons in conjunction with purchasing food. PLANNING BOARD RECOMMENDATION The Planning Board at its July 10, 2001 meeting adopted a motion recommending approval of the proposed amendment, with amendatory wording to clearly indicate that this exemption was only applicable to establishments serving food inside the restaurant. The motion to approve was made by Mr. Morton and seconded by Mr. Liddy. The motion was adopted by a vote of 5 ayes and 0 nays. RECOMMENDATION It is recommended that the proposed amendment be approved on first reading. Attachments: Proposed Ordinance Section 4 -2 of Code of Ordinances Planning Board Minutes 7 -10 -01 Public notices IRL CS /RGL /SAY D: \Comm Items \2001 \7 -24 -01 \City Code Amend Liquor Exemp report.doc 2 3 4 5 6 7 8 9 10 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 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1 (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Ordinance 3 -98 -1651 on February 3, 1998, which ordinance amended Chapter 4 of the City's Code of Ordinances, entitled "Alcoholic Beverages," by providing a special exception for restaurants located on Bird Road to serve wine and beer, not withstanding the distance requirement from residential properties; and WHEREAS, the City Commission, at its meeting of June 5, 2001, at the request of Vice -Mayor Horace Feliu, directed that an amendment to Section 4- 2(A)(4) of the City's Code of Ordinances, entitled "Alcoholic Beverages: Distance Requirements," which would permit restaurants located on U.S. 1 (South Dixie Highway) to serve wine and beer subject to the same special exception provided for restaurants in the Bird Road area, should be forwarded to the Planning Board for review and recommendation; and WHEREAS, a public hearing regarding the proposed amendment was held by the Planning Board on July 10, 2001, at which time the Planning Board voted 5 to 0 to recommend approval of the proposed amendment to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That Chapter 4, "Alcoholic Beverages," and more specifically, Section 4- 2(A)(4) entitled "Distance Requirements," of the City's Code of Ordinances, is hereby amended to read as follows: Alcoholic Beverages Section 4- 2(A)(4): Distance Requirements. "(4) Exceptions from the aforementioned distance requirements from residential. Premises located in zoning districts which permit restaurants and which are located along Bird Road and U.S.I (South Dixie Highway) may serve wine and beer as part of an approved restaurant use where no bar is provided, where food is served in conjunction with alcoholic beverages within the restaurant, and where a permanent, opaque buffer is provided between the premises and any and all adjoining properties which are zoned residential. Distance requirements from churches and schools shall be observed for all properties along Bird Road and U.S.1 (South Dixie Highway)." 1 2 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 3 hereby repealed. 4 5 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid 6 or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 7 remaining portions of this ordinance. 8 9 Section 4. This ordinance shall take effect immediately at the time of its passage. 10 11 12 13 14 PASSED AND ADOPTED this 15 16 17 18 19 20 ATTEST: 21 22 23 day of , 2001 24 CITY CLERK 25 26 27 1St Reading- 28 2" a Reading - 29 30 31 READ AND APPROVED AS TO FORM: 32 33 34 35 36 CITY ATTORNEY 37 38 39 40 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 41 NOTE: New wording underlined; wording to be removed indicated by strike - through. 42 43 44 45 46 47 48 49 50 2 ..,, r Chapter 4 ALCOHOLIC BEVERAGES* Art. I. In General, H 4 -1 -4.8 Art. II. Licenses, H 4- 9 -4 -13 ARTICLE I. IN GENERAL Sec. 4.1. Manufacture, sale, distribution governed by pro - visions of this chapter. No person, corporation, or other entity shall engage in the man- ufacture, sale or distribution of alcoholic beverages, except strictly under the terms and provisions of this chapter. (Ord. No. 128, § 1, 9- 24 -40; Ord. No. 1448, § 1, 6- 12 -90) Sec. ' 4.2. Distance requirements; nonconforming use; ` cer- tificate of occupancy. (a) Distance requirements. (1) Distance from a church, school, or residential property shall be measured by following a straight horizontal line from the nearest point of the property line of the property on which the proposed licensed establishment is to be located to the nearest point of the property line of a church, school or residential property. (2) In all other cases, distance shall be measured by following a straight horizontal line from the nearest point of the perimeter wall of the proposed establishment to the nearest point of the perimeter wall of the existing establishment. (3) No premises shall be used for the sale of alcoholic Bever - ages where the proposed licensed establishment is located less than the distance in feet from another use as indicated in the following chart: *Cross reference - Consumption of alcoholic beverages in public and private places, § 15 -74. State law reference — Alcoholic beverage laws, Chs. 561, 567, 568, and 569, Florida Statutes. Supp. No. 48 47 ( 4-2 ALCOHOLIC BEVERAGES § 4.2 (4) Exceptions from the aforementioned distance require- ments from residential. Premises located in zoning dis- tricts which permit restaurants and which are located along Bird Road may serve wine and beer as part of an approved restaurant use where no bar is provided, where food is served in conjunction with alcoholic beverages, and where a permanent, opaque buffer is provided be- tween the premises and any and all adjoining properties which are zoned residential. Distance requirements from churches and schools shall be observed for all properties along Bird Road. (b) Compliance prerequisite to issuance of licenses, permits certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements of subsection (a) of this section. (c) Violating uses, declared nonconforming, abandonment. The uses referred to in subsection (a) of this section that are in violation of the provisions thereof shall be deemed to be noncon- forming, and as such may continue until there is an abandonment thereof. Once a nonconforming use is abandoned it shall not be reestablished unless it can conform to the requirements of this chapter. Abandonment shall consist of a change of use or of a suspension of active business with the public for a period of six (6) months, or prior to the end of the period, on a written declaration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner. (d) Sketch indicating location. For the purpose of establishing the distance between alcoholic beverage uses and any other use, the applicant for such use shall furnish a certified survey. Such survey shall indicate the distance in feet between the proposed place and any other use. (e) Reserved. (f) Reserved. (g) Reserved. Supp. No. 55 49 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 10, 2001 City Commission Chambers 7:30 P.M. L 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 performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Illas, Mr. Morton, Ms. Gibson and Mr. Juan Comendeiro. Board member absent: Mr. Mann. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M. Menendez (Board Secretary). III. Local Planning Agency : Public Hearings LPA -01 -001 Applicant: Shoal Creek Properties L.L.C. Request :CONSIDERATION OF AN APPLICATION TO AMEND THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE MIXED -USE COMMERCIAL RESIDENTIAL (FOUR -STORY HEIGHT) CATEGORY TO THE TODD, TRANSIT ORIENTED DEVELOPMENT DISTRICT CATEGORY (FLEXIBLE HEIGHT UP TO 8 STORIES) ON A 2.8 ACRE VACANT SITE, SAID PROPERTY BEING LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION. THE SITE IS BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE. THE PURPOSE OF THE APPLICATION IS TO ALLOW FOR THE FUTURE CONSTRUCTION OF A RENTAL APARTMENT BUILDING. Planning Board Meeting July 10, 2001 Action: Mr. Illas read the request into the record and Mr. Lorber presented a summary of the request where the applicant is requesting a Comprehensive Plan Future Land Use Map amendment in order to construct a residential apartment building, designed to cater to the University of Miami students and young professionals who would welcome the convenience of the easy access to Metro -Rail and to most necessities within walking distance. The above- referenced amendment will change the site's Future Land Use Map category to the "Transit- Oriented Development District (TODD) category. The main factor in this would be a switch from a primarily office /commercial designation to a residential designation, Mr. Lorber added. Also, the proposed amendment is consistent with important goals and policies of the City, such as: assuring availability of affordable housing; encouraging mixed -use residential multi - family projects in the Rapid Transit Zone; as well as discouraging urban commercial, sprawl by promoting growth in the area surrounding the Metrorail transit station. The Board expressed some concern about setting a precedent with the expansion of the TODD zone, but staff explained that the Zoning Task Force has been discussing this issue in recent meetings, looking at the TODD in general, and is planning on recommending a moderate expansion in that district. It was also clarified by staff that this hearing was for the purpose of considering a map change only, not for considering specific site development regulations. The Board and staff also discussed the amount of stories that should be allowed, as well as the traffic issue. Mr. Lorber noted that a detailed traffic study had been submitted by the applicant. Applicants: Joseph Goldstein, James Harris, Michael Getz (Shoal Creek Properties) Mr. Goldstein provided a detailed visual / verbal presentation of the proposal. The Board inquired about which lot size measurement (gross or net area) is used to determine F.A.R (floor -area ratio). Mr. Goldstein referred to the City's zoning code for explanation. The Board inquired as to the square footage size of the dwelling units. The applicant's representative responded that the average size will be 930 s.f. with the highest being 1,130 s.f. (for the 3- bedroom unit). Mr. Lorber emphasized that all those details will be covered in the zoning application. The Board also raised concern regarding the height of the building which appears to them to exceed the maximum height allowed by code. Staff explained that some ornamentation above the roof may give the appearance of a higher structure but it is not counted as part of the height. Mr. Lorber informed the Board that the applicant would be required to go before the Environmental Review & Preservation Board (ERPB) for the ornamentation phase of the project. The Board expressed concern regarding this project as it would contribute to consume the valuable resources of the few vacant land existing in the City, and the fact that no provision was being made to provide affordable housing. Staff noted that renting is much more affordable than purchasing and a large scale of the population could benefit from the proj ect. 2 Planning Board Meeting July 10, 2001 The Board further inquired about the relatively small percentage of space designated for retail presented with the proposal. The applicant's representative noted that there were various issues involved such as security issues, possible lack of tenants, and that they would be bringing more information on this issue at their next presentation. Before opening the public hearing the attorney noted there was no need for the speakers to be sworn in since the following would not be a quasi-judicial hearing. Speakers: (residents in support of the proposal): Cal Rosenbaum, 6101 Sunset PI Joe C. Michael Miller, 6796 SW 62nd St Bill Enright, South Miami Hospital Christopher Cook - Yarborogh, 6800 SW 64`" Ave Luciana Barreto, 5959 SW 71" St Charles Fostini, 5900 SW 82nd Dick Ward, 8325 SW 62 °d Ct David Tucker, Sr., 2556 SW 78`" Ter Roxanne Scalia, 6925 SW 63`d Ct Al Elias, 7150 SW 62nd Ave Greg Oravec, CRA Director (residents against the proposal): Walter Harris, 7100 SW 64`" Ct Francis Meltzer, 8340 SW 60`" Ave Dean Witman, 6259 SW 70`" St Mark Radosevich, 5703 SW 83`d St Mario J Salazar, 7030 SW 63`d Ct Ida Harris, 7100 SW 64`h Ct Gus Williams, 7000 SW 63rd Ct In summary, residents who spoke in support of the proposal, felt that the construction of a primarily residential apartment building would be beneficial to the City, since it would enhance the area, create a safer environment, particularly at night, and definitely be much better than having an office building. They also favor the idea of having accessible retail in the proposed area: For those residents who spoke against of the proposal, the majority expressed concern about over development within the City, and also preferred a four -story as opposed to a six -story building. Mr. Goldstein returned to the floor and recapped his presentation, assuring those present that the applicant will be working with the City with the details of the proposal as part of the rezoning process, which should be back before the Planning Board at its August 141", 2001 meeting. Motion: Mr. Comendeiro moved and Ms. Gibson seconded the motion to approve the request to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the Future Land Use Category from the Mixed -Use Commercial Residential (four -story height) category to the TODD, Transit Oriented Development District category (flexible height up to 8 stories); the approval to be subject to the following staff recommended conditions: Planning Board Meeting July 10, 2001 Applicant shall submit a rezoning application, with detailed site plans, which are restricted to the following development parameters: • maximum number of dwelling units 300; • maximum height of structures on the site —6 stories (60 feet); • maximum floor - area -ratio —2.25; • minimum of 10,000 sq. ft. of retail / commercial space to be located along the ground floor of the S.W. 59`h Place frontage. The rezoning application shall be reviewed and approved by the City Commission prior to the second reading (final adoption) of this Comprehensive Plan Land Use Amendment. the approval of the Plan amendment and the rezoning application would then occur simultaneously at the City Commission level. Voter Approved 5 Opposed 0 LPA -01 -002 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ADOPTED SOUTH MIAMI COMPREHENSIVE PLAN IN ORDER TO UPDATE THE RECREATION AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE PLAN, BY ADDING AND REVISING OBJECTIVES AND POLICIES ENCOURAGING LAND ACQUISITION FOR PARK AND RECREATIONAL FACILITIES, GREENWAYS AND TRAILS, AND PROTECTION OF NATIVE SPECIES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record. Staff presented the item emphasizing the need for this amendment which will help the City to score much higher on competitive applications for grants that will be used in the acquisition of recreation and open space facilities, preserve and protect native species, and encourage the creation of greenways and trails. Speakers: Joe C. Jay Beckman The Board and staff briefly discussed the request. Staff advised that time is of the essence on the proposed amendment due to a deadline in November of this year in order to qualify for the competition of these grants offered by the State. Staff also explained that these amendments are not intended to revise the entire element. The Conservation and Recreation elements are revised once every five years and the process is called EAR (Evaluation and Appraisal Report), E Planning Board Meeting July 10, 2001 Mr. Beckman addressed the Board and staff that during research for the previous LPA -01- 001, he found discrepancies in the Comprehensive Plan having to do with public facilities, etc. Mr. Lorber accepted his suggestions stating that these will be addressed at a later date. Motion: Mr. Comendeiro moved for approval of the request and Mr. Illas seconded the motion. Vote: Approved 5 Opposed 0 At this point Mr. Morton closed the Local Planning Agency agenda and called the Planning Board to order. IV. Planning Board : Public Hearings Mr. Morton announced that item PB -01 -011 (Corporate Properly Services) on the agenda would be deferred at the request of the applicant. PR- (11 -fl1 n Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON US 1 (SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item. Speakers: David Tucker, Sr. Ricky Warman The Board and staff discussed the proposed amendment. Mr. Lorber explained there is a provision of the City Code which requires a minimum distance between an establishment selling alcoholic beverages and residential property, churches, and schools. The distance is five hundred feet. However, this provision also exempts restaurants facing Bird Road. The amendment would extend this exemption for all restaurants located on properties facing US L The issue of setting a precedent as for other fast food establishments to sell alcoholic beverages was also discussed. Motion: Mr. Morton moved approval of the request subject to the inclusion of wording limiting this exemption only to restaurants with consumption on the premises. Mr. Liddy seconded the motion. Vote: Approved 5 Opposed 0 5 Planning Board Meeting July 10, 2001 . V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of May 29, 2001 with an amendment "to item PB -01 -004 (AT &T Wireless Services). See attached Revised Page 2 of May 29, 2001 minutes. Vote: Approved 5 Opposed 0 VI. Discussion Items There were no discussion items. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:30 PM. RGL /mmm K: \PB\PB Minutes\2001 Minutes\MINS 07- 10- 01.doc 0 Planning Board Meeting May 29, 2001 COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PI PUBLIC / INSTITUTIONAL ZONING DISTRICT, Action: Ms. Chimelis read the request into the record and staff presented the request, giving an overview of the proposal, indicating that the present request is a revision of the original proposal. The applicant's original submission showed the height of the flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the antenna was excessive and could not be screened from view by existing trees. In addition, staff was also concerned about the electrical equipment building with a barbed wire topped screen fence located within a few feet of recreational facilities for children. Therefore, due to the above concerns, staff had recommended denial of the request. The revised plans submitted by the applicanr show reduct.oii in the Height of the pole to 75 feet, also showing removal of the barbed wire flm ,the screen fencing around the electrical equipmentuFlding„ Tn addition, the 'applicant has carried out a line -of -sight study from severs locators �x ,the surrounding residential neighborhoods. The results indicate that the flagpo ?e will not be visible from most of these locations. The applicant is also proposing to plant heavy vegetation with 12 feet high trees which is in addition to the existing 60 -80 feet high trees between the flagpole and the residences which will contribute to significantly screen the tower. Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman (Lotterman Development Corporation) Felix Bravo, (AT &T Wireless) The Board, staff and representatives discussed the proposal. The particular design of the tower was discussed. In addition, the Board inquired whether the applicant had pursued other locations prior to selecting the YMCA site. The Board also raised the health issue. The City Attorney informed the Board that the Telecommunications Act of 1996 specifically precludes municipalities and local governments from considering any environmental health issues, therefore, that could not be considered evidence that can be weighed in the determination of granting or denying the application. At 8:30 PM Mr. Morton called for five- minute recess to allow those present to examine the graphics and photographs brought by the applicant with respect to the proposed telecommunication tower. The meeting was reconvened at 8:35 PM. Speakers: (residents against proposal): Ana M. Rabel, 5876 SW 42 °d Terrace Martha Cruz, 5801 SW 42nd Terrace Manuel Lopez, 5990 SW 44th Terrace Speaker: (for YMCA) Mark Thompson 2 (Revised) NOTE: New wording underlined