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09-18-015 South Miami r tit4 5 Yip:: ' ^� .%p •:� f M V { AZ All -AM Ca C CITY COMMISSION AGENDA City Commission Meeting Meeting date: September 18, 2001 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: October 2, 2001 Phones (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 - September 18, 9001 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - Regular Meeting July 31, 2001 2. City Manager's Report Discussion of Assumption of SPG Lease by Mark Richman 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR $7,272.00 FROM ACCOUNT NUMBER 001 - 0000 -15 -7020, "FRDAP GRANT - MURRAY PARK ", TO KOMPAN SOUTHWEST, INC., FOR THE PURCHASE AND INSTALLATION OF TWO SETS OF SWINGS FOR TODDLERS AND SCHOOL AGED CHILDREN. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 'SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NELSON'S TREE SERVICE, FOR REMOVAL OF ALL EVASIVE SPECIES, AND TRIMMING AND LIFTING TREES LOCATED AT MURRAY PARK FOR $8,100.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 0000- 115 - 7020, "FRDAP GRANT - MURRAY PARK." 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CONTRACT CONNECTION INC., FOR $8,882.13 TO PLACE AMENITIES AT MURRAY PARK, AND TO DISPENSE FUNDS FROM ACCOUNT NUMBER 001 - 0000 - 115 -7020 "FRDAP GRANT -- MURRAY PARK." 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 TOTAL SUM OF $5,940.00 TO J&M ATHLETIC WEAR, INC., FOR PURCHASING CHEERLEADING UNIFORMS, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -5631, "CHEERLEADING." 8. 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 $18,206.65; CHARGING $2,261.75 TO ACCOUNT NO. 1500- 514 -3435, REAL REGULAR CITY COMMISSION 2 AGENDA - September 18,'2001 -- ����- „— �, -�.` -- �.w_ .- �- �- �„�,.,. ,•. _ ,;-�� -,:,, ate,: - L- �--- �-.�:, w- s•,�y�,- �a�v.. �r.�� ��r...�, PROPERTY /FORECLOSURE; CHARGING $13,847.04 TO ACCOUNT NO. 150.0- 514 - 3410, LEGAL SERVICES, NON - RETAINER; AND CHARGING $2,097.86 TO ACCOUNT NO. 608 -- 1910 -521- 3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTIONS) /PUBLIC HEARING(S) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT 111909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD. 4/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20-8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) - PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3)' MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE',SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH; BY SW 69TH STREET, AND AN THE WEST BY SW 61s' AVENUE; AND PROVIDING AN EFFECTIVE DATE. 4/5 RESOLUTION (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; LIMITING PRESENTATIONS AT TWO (2) FOR ALL CITY COMMISSION MEETINGS; PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Wiscombe) ORDINANCE (S) FIRST READING /PUBLIC HEARING(S) REGULAR CITY COMMISSION 3 AGENDA - September 18, 2001 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE ", SECTION 20- 3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX, SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 13. 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 THE PERMITTED SIGN SCHEDULE. CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 14. AN ORDINANCE OF THE MAYOR AND CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.6(H) (2) IN` ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE.' PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND - DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMI'TTED USE SCHEDULE ", SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER' MAKE TECHNICAL CORRECTIONS THAT 'WOULD ALLOW THE CONTINUATION' OF EXISTING PERMITTED INDUSTRIAL 'USES IN THE " TODD- (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 REGULAR CITY COMMISSION 4 AGENDA - September 15; 2001 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE ZONING USE DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5), FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4'/5 ORDINANCE (S) FIRST READING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY- OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF ORDINANCES, ENTITLED "ELECTIONS" TO CREATE SECTION 9 -12, ENTITLED "DISCLOSURE OF PRIOR FELONY CONVICTIONS, OR PLEAS OF GUILTY AND NO CONTEST "; PROVIDING EXCEPTIONS, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE 3/5 (Vice Mayor Feliu, Commissioners Wiscombe & Bethel) SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL' IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." 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 5 AGENDA - September 18, 2001 INTER- OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles D. Scurr City Manager fa441 REQUEST DATE: September 13, 2001 SUBJECT: J CT. Agenda Commission Meeting September 18, 2001 Swing Sets Kompan Southeast Inc. The purpose of this memorandum is to recommend the approval of the attached resolution to purchase and install two swing sets at Murray Park. BACKGROUND & ANALYSIS The renaissance continues as the City of S :utii ivdain, Parks & Recreation develops various Tot Lots in the City of Pleasant Living. With the completion of the Hope Butler Center and the new Tot Lot, swings will enhance these established amenities. The addition of swings will be geared to toddlers and school aged children. Residents have requested the installation of swings at Murray Park. The swings will compliment the existing Tot Lot and provide for additional recreational opportunity The Parks & Recreation Department will be working with Kompan Southeast Inc., who has provided materials, and services to the City of South 'Miami in the past. Their materials, customer service and professionalism have been outstanding. The Parks & Recreation Department will utilize a State Bid # 650- 001 -01 -1, "Park & Playground Equipment and Surfacing which has been established for this vendor. Disbursement of funds will be taken out of account number 001 -0000 -115 -7020, "FRDAP Grant- Murray Park ". Approximate available balance is $52,018.00. RECOMMENDATION Approval is recommended. Swings Murray Park Kompan Inc 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 V 50 Resolution No. A RESOLUTION OF ' THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR $7,272.00 FROM ACCOUNT NUMBER'001-0000-115-7020, "FRDAP GRANT- MURRAY PARK ", TO KOMPAN SOUTHWEST INC., FOR THE PURCHASE AND INSTALLATION OF TWO SETS OF SWINGS FOR TODDLERS AND SCHOOL AGED CHILDREN. WHEREAS, Pursuant to Article 111, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, The renaissance of the City of South Miami Parks continues, and WHEREAS, The addition of swings for toddlers and school age children will enhance the wonderful Tot Lot that has already been placed; and WHEREAS, The residents have requested the installation of swings; and WHEREAS, The swings will compliment the existing Tot Lot and provide for additional recreational opportunities. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is awarded to Kompton Southwest Inc., for the amount of $7,272.00 for the purchase and installation of swings at Murray Park, and charging account number 001-0000 - 115 -7020, "FRDAP Grant- Murray Park". 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 M.-yP.kSw.VK-P.W01 day of September 2001 FR a MA s. ..EP- 11- _- ,001 n±:sn PIa'Za a0� tea-+ 51 . _.. 1 7 F 0 .c3 OTNIPAN Southeast, Inc. PROPOSAL P.O. Box 1217 Geneva, FL 32732 ! DATE PROPOSAL # 800 -4,S3 -75291 407 -349 -5160 /FAX 407- 349 -5117: 917/01 � 1424 CLIENT ( ADDRESS i- City of S. Miami Rec. & Parks Dept 6130 Sunset Dnve South 'NSiami. FL 33143 PROJECT. Recreahon &- Parks Department QTY ;<TE)vl DES!CRIMON' - -- _ S EACH EXTENDED 1 52 -8 8' Double Bay Swings 1,185.00 1,185.00 1 85 -011 Tnf= Seats "217, set of MV 140 -00 140.00 41 150 -00001 FunTimbers, 4" wide x 4'4" long molded Polyethylene overlap-link 29.00 1,159,00 modular system with 30" long 3/4" diameter button head spike anchors 1 Z r Lot, 50 c.y W aodarpet engineered wood fibe r 750,00 750.00 4 Dymamat 1) macushion Mats, 4'xGx 1 -1/4" (for placement under swing seats) 149.00 596.00 Disc- State Contract Discount - 193.00 - 193.00 Freight FPFIGHT & HA- NDLLNG 2;172.00 2,172.00 Installation GUTRIGHF LNSTALLATTON 1,433.00 1,433.00 1 (=L-� Ir is responsible for locating all underground o6srrucYi.,m, i,r- electrical, telephone, sewer, etc. and identifying and marking them Wore iztst2ll2tiotl 2. By signing this agreement, purchaser acknovi4edges responsibility to provide resilient surfacing for play equipment in compliance with USCPSC guidelines and ASrNI standards for public playgrounds (P rNided up m request). 3. All permits, if necessary and any costs related to the permitting process, to be paid for by client- It is the client's responsibility to inform us of local building, codes Specific to play equipment. 4. Site preparation will be completed by others unless contracted for throuzh Kompan Southeast, Inc, Site to lie level and free from debris. 5. No resilient surfacing or drainage swne v011 be put in place prior to Play equipment installation 6. Kompan Southeast, Inc. will have full access to the site, Le. fencing and all landsc�g should be completed after installation of play ea uipwent. 7. All preliminary work that relates to the play egWpmera installation should be completed one week prior to the plait equipment installation schedule to assure work can be performed according to the installation Proposal goad for 90 days..__ For KONTAN SOUTBEAST, INC. by TOTS Act ?rAYCE OF PROPC&U.- Thc!>mm, Tecffix=i= sad cmdiu=b a -- pr ,F E SIGN AND RETURN t!KIGINAL -- I s2tiefadary and amhavby =Ved You �c "thm. -led to do the waBC as speeded. 'i Pa jmmt vatTi be made as ouitint�i besEin IF PROPOSAL IS MORE THkN ONE ?AGF, PLEA- ST-DATE & SIGNEACE PAGE. DATE OF ACCEFrA.NCE SIGNATURE Page 1 1-1 09:511 P I AZZA ISoutheast, Inc. P.O. Box 1217 Geneva, FL 32732 800 -453- 7529141x7- 349 -5150 11 FAX 4m-349-51 17 CLIENT / ADDRESS - CitY Of S. Miami F I Dpt. i �arRec, �k 6130 Sunset Dive South M FL 33-143 407 :345 5117 F. 0:3ZO3 PROPOSAL DATE PROPOSAL # ------------------- L 917/01 1424 PROJECT RQcreafion & Parks Department QTY lum DESCRIMON $ EACH EXTENDED time line. Client agrees to pay additional travel expenus and/or storage charges that MY result from changes in schedule due to improperly prepand or unprepared si* s), .8. All mweriai parante. ,ed to be as specified. All %urk to be completed in a wmkmanae manner =Ording to standard practice3. Alteration or deviation from above spt, ,cfficatiotLs InvoiNing extra costs will be executed only upon wiinen ordeers, and will become an exi:ra charge over and above the estimate. All agreements contingent upon strikes, =idents or delays beyond ow control. O%Mer to carry fire, tornado ;d cther r°cassan ir.�%rmcc- CMG r workers IJJOU Client agrees to pay 1-5% fm2nce charge an outstanding balances due per terns on all irwoicln& TERMS DOP PAYMENT TO BE MADE AS FOLLOWS: Depmit cf $976.00 or Mastercard/Visa Credit Card informahon with ret= of signed contract. Balance due in fuU within 30 days of substantial receipt of materials and/or services. Purchaser responsible for all aWlxable. taxes. Plezme provide copy of tax exempt certificate if applicable, (Check payable to KOIWAIN SOU 7H—r—�ksTjNC.) Proposal good for 90 days. 'For KOINTAN SOUTHEAST, LTC. by TOTAL $7,272.00 1ACcmYrAxcEoFFRoPosAL! The Pdc- COUCin Md cmdiEaw bvein a,, PLEASE SIGN AND RE— 7 saki =d atshereby -=pt*& Y- -0 M.1h(ri=d to do the i%&, as T.,je�,j TURN ORIGINA-L ?aymmt vM be ma4- as owEucd hcr=, IF PROPOSAL IS MORE THAN ONE PAGE, PLEAS!; DATE& EGNEACHFAGE. DATE OF ACC EWA.,;C.E SIGNATURE Pafje 2 F- �FT 7 T -7 SEP-12-2001 10:52 PJA77A Kompari Southeast, Inc. P.O. Box 1217, Geueva, n 32732 Ph. 80045.3 -75,29 / 407-349-51601 Fax 407,349-5117 FAX TO: Doug Baker Fes: 30-5-669-1266 From Uyis OUTOU Pages: — 2 Date: 19IJ 2/01 Ll� UlVmt ZFr Or R iev ❑ Please Rely Plea-SO COnta'M me if 'you need further assistance. T hxil-s 407 349 5117 P-01/02 Time Far 75 7'u7l 7 Orme k' ,ea,nr ....a., P I A?ZA `SEP -12 -2001 10-52 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES JEB BUSi-1 Go. ve=rr)er Secretary -� ` � jWlvFlor?d2. ram srarg Purchasng Suite __50 ; passe Florida 1h39-P-0950 pp Telephone: ��pp 850 - „! 88 -8440 Fax., 850- 414 -6122 Internet: 0 w1v,trlyFior,Ida,coal May S, -2001 Ms. M. Nlai'y Plazzi Kompan Southeast, Inc- Post Offie, Box 1217 G e.ncva. Florida 32-1 32-1 ,17 Dt ar Ms. Piazzu: 40-1 49 E: 11 7 F 1 �_ : F-1 2 Suite 315 Enclosed is Your copy of the executed 'fernz Contract and User Fee form establishing an agreemeIlt between the State of Florida and your firm for the purchase of Park and Playground Equipment and Surfacing, (650- 001.01 -1). Please go to the website (llttp: / /fcn_.statc.fl.tts /s[ contracts 1 to view a copy of the contract and print a hard copy it you so desire. If you are a manufacturer who bids naming statewide distributor's. it is yourresponsibiliiy to make sure a copy of this contract is available to each of the distributors. I Ou are reminded the Special Conditions titled "Surcharge User Fco Lind Summary of Total Sales” stlpulates tha[ a surcharge fee of !%. wilt be due oil all sales made under this contract, shall be payable to the State of Florida Ott the end of each contract c;t;,xrr _ << ;r 7-1 7'R of sales made under this contract 7m r; }^a ;inQ`, stipulated below; Quarter 1- iumver Re orting Period Dates Report Due Date 1 st Quaner 2f1d, Q Tauter 3`� C`)uar se 4-h Quarter l guar er 2`'` Quarter 3 r•3 Qual-ti.r [h 4 Quart34 04/01/01 — 06/30/01 07130101 x� 07/01/01 — 091130/01 10130/101 10 /Q 1 /01 — 12/311x11. 01/3110. 01/01102 - 03"1/02 0 4 %ji /{�? 04/0110?— 06r30/02 0/t30/02 01 /0 111), - 091/301/0.2 1(1;3.1111(}2 itiitii:')2 — 12/31/022 0 /31/0 -3 01 /01/03 -- 03/31/03 04/31103 Should you make no sales during the quarter, a negative report must be submitted. Quarterly sales reports must include all :sales made in accordance with this contract. These reports are to include all information stated in the Simi nary of Total Stiles paragraph, Special Conditions. Any other information you wish to submit will be appreciated. :L) TOTH'_ P. 02 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission DATE: September 15, 2000 FROM: Charles D. Scurr SUB3ECT: Agenda # r City Manager Commission Meeting September 18, 2001 Nelson's Tree Service REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to have Nelson's Tree Service remove all evasive species around the perimeter of the park, and trim and lift all other tress in the park. BACKGROUND & ANALYSIS The renaissance of the City of South Miami Parks continues! Murray Park is still continuing to be up- graded. Tree removal of evasive species is highly recommended and the trimming and lifting of all other trees including the alley way is extremely important and necessary. The Parks & Recreation Department has received the following bids: Nelson's Tree Service $ 8,100.00 Preferred Maintenance, Inc. $ 12,000.00 Bret Newcomb Tree & Landscaping Service, Inc. $ 15,675.00 Native Tree Service $ 8,700.00 Lowest bidder is Nelson Tree Service. Disbursement of funds will be taken out of account number 001- 0000- 115- 7020, "FRDAP Grant - Murray Park". Approximate available balance is $60,118.00. RECOMMENDATION Approval is recommended. Conuniesimi NtiW Tire 9uvice 8-2001 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 CONTRACT WITH NELSON'S TREE SERVICE, FOR REMOVAL OF ALL EVASIVE SPECIES, AND TRIMMING AND LIFTING TREES LOCATED AT MURRAY PARK FOR $8,100.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 0000 -115- 7020, "FRDAP GRANT - MURRAY PARK. WHEREAS, pursuant to Article III, Section 5 H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, We continue the development and enhancement of all City parks: and WHEREAS, Removal of evasive species around the perimeter of Murray Park, and trimming and lifting all other trees around the park is essential; and WHEREAS, The above mentioned will enhance the park. 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 Nelson's Tree Service, in the amount of $8,100.00 for the above mentioned. Section 2. Charging the disbursement to account number, 001 - 0000 -115 -7020, "FRDAP Grant = Murray Park" Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September 2001. ATTEST: APPROVED: CITY CLERK MAYOR CITY ATTORNEY NdaoWsTm 3ev 2001 MuAW Pak `iE -SON'S TREE SERVICF. 1 )02 S.iJ, 17:? ST _FE:L' t-tIAMI. F1, 3 3 J 7b 305 _ 305- 305- 1 Service: 248• -1684 Beeper; 784 -1795 ( P Fax. 598 - -1762 Date Pioposal Submitted To Work To Bi,- PerIyrcMed At i t4ame— .� _ ert .� - _.. Street City Stat'A.— Date of Plans Telephone Number. We hereby propose to furnish the materials and perform the labor (Wcessary for the completion of L -- tl� } r —_�... f --- ___ — _ - -� --- - -- - -- _ — All materal is guar .Inteed to be as specified,} and the above work, to be performed in accordance with the dray.•iflo 3rcf . soecificalfions submitted t r above /work and completed in a substantial workmanlike manner for the ;Ltm of v.`jth oaiments _ e mat! I] loll ws I Any ai,eiaZrc,1 & sieviaticn from 1bo�s specific: tipny irNoWing Extra costs R? s •ei"tfuil submitted �-- V411 bq Q,recutct] d f 4r Y upgn Wrdt�;rt order, antl wilt GeSC?,'rtse an extt3 Chard'. nt titxf above the tStil taie. A71.fy_raen eats co.>tir�wn! utx_+n suikeS. arc + - l Cfs,13, Of dei3l3 b2;XjfVJ rAJr <_'ontrrY. - Per_^ i Note — This Pi`Cp3f; ll may be wl',Mtawn _- - by us if : rST - At`rPr%!�ri within is _ ACC F-P ANCE OF PROPOSAL The above priers, Specif cations arty conditions are satisfactory and are hereby accepted. You are authorized tp do the work as snacifierd. Poyrr r t °_ will l; made as outtin�d alt ?ova. Date _ . ture 6•_4 -° -L °.D� IN tJst, T _i 71S,7�,� W� Home Office: 305 -238 -1178 Toll Freer 1- 888- 99ARBOR SUBMITTED TO I % • UNIT PRICE AMOUNT � / J � C1 ! ����'�l� J "�IJt-� STREET �r��./ CITY STATE ARCHITE ANAGEMENT OR OWNER ' tJ 5 Specializing in: • Proper Pruning • Restoration Pruning • Dangerous Trees • Disaster Cleanup •'Tree & Debris Removal • Stump Removal PHONE y— -- ; DATE JOB NAME JOB LOCATION JOB PHONE q QTY DESCRIPTION UNIT PRICE AMOUNT ,` � � r ? 2°t °- d ! f G "�C''�'` S � i. tom-✓ �+' �l'�`'_ PLEASE PAY FROM THIS INVOICE TOTAL P7a), WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: dollars (S 7(9 y ) Pa ment to be made as follows: The above prices, specifications and conditions are satisfactory and are hereby accepted. You area tho- rized to do the work specified. Payment will be made as outlined above. Payment due upon performance of services. Any monies not paid will bear Interest at I'/,% per month, annual rate 18 %. In the event that col- lection becomes necessary, the customer shall become responsible for all costs of collection. including rea- sonable attorney's fees, Contractor is not responsible for unintentional damage to landscape, lawn, Signature: Date pavement or sprinklers which results form the use of specialized tree equipment WHITE COPT - CUSTOMER YELLOW COPY - JOB COPT' PINK COPY - OFFICE FILE Preferred Maintenance, Tar.c, 1381 S.W. 1516-t Terrace Sundse, F1 33326 Pb. 305-691-8775 TO 33 IV3 \�V PROPOSAL , 1 1.1— 1 UATF JMNAME)LOCA 70N WOSIN"UN1.3-SR Ile r86Y s0bl I It S056fl, at ions an (e8tl—,Tl-tes for Ile" 1 //Ze r4.7e IF f Te—pr-0p060'h--wt;by Iv fk;rr;:Iuh MWwl;W and jaijur - k;UjT ir) a(=rdaric;c will'i the boye OF, the Sum of: ell I/mG,"ItTo be Marla esfoilows; 51'X is guaranteed to bt as spLc=je—' I - 'Drdlnr , d: All Wark to be c,rnplilt,d in EtwcrRnnamlji;,a rrj,34jt�, to aranCISM practice-1, Any Aker"Wrl Or r;MLtion ffi.;im jljovn gpnci:r,.rtianr irvolving Wl will br gxr!cuti!cj o:,.Jy u;)Qr, wrilterl orders, 2nd w•;l iiawr(Le all cxtra ortarge oval tho us'imntv. All 8rareAm6nts* 3tri' 5nl, Wident5 Cr delay, beyona control. Property owngr to Carry firR, Tornado zinc.-1 other inr'ur;lnq.(7.. Our warkcm fully c0v9rsd by Workman's Compensation Insurance. NoTa; Tiis propon; rilly bg wim""23-ml L'y us i. not jo 1. m -- August 24, 2001 City of South (,,Lami c/0 Doug Baker (305) 6-63 -6319 office +;305) 750-0428 pager (305) 282 -0235 mobile (305) 669 -1266 fax RE: MURRAY PARK 6701 SW 58 PLACE MIAMI, FL near Plr, Baker, O1e are pleased to submit this proposal for the following tree services, as outlined below. After your review, if you have any questions or comments, please do not hesitate to call me at Remove trees & debris on South fence line r Trim (1) Ficus on 5outn \"Mast ro; :er r Side-t, iii tr-eF c,, ' Top trees LO fc:iZCe ,.' u :C,;, Ncmr -'h East corner alley) -tree Service Total: $12,675.00 Hauling /Dumping Debris Total: 53,000.00 Total: $15,675.00 We appreciate your consideration and look for'Nard to serving you in the near future. Ape President If approving proposal, please read the following, sign and return proposal to our office for F scheduling; TERMS: Full payment due upon receipt of services; A service charge of 15 %a per month will be charged on { any unpaid balance Should it become necessary to collect an unpaid balance, we will be entitled to collect l all reasonable costs of collection, court and attorney's fees. Date: _ i I Authorized Signature: Print Name & Title:. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: September 13, 2001 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager Commission Meeting September 18, 2001 Contract Connection Inc. REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to establish a purchase order with Contract Connection Inc., in the amount of $5,742.65 for new amenities for Murray Park. BACKGROUND & ANALYSIS Contract Connection has been in business in the State of Florida for over 31 years. They currently have contracts with Miami -Dade County, Orange County and Palm Beach County. Murray Park is still under development and new amenities will enhance the existing Tot Lot along with the Hope Butler Center. The Parks & Recreation Department has acquired three bids for the following purchases: 10 32 gallon Dome Top lids 10 32 gallon free standing receptacles 6 Prestige 6' benches with backs 7 Signature Series 8' Picnic Tables 3 Signature Series 8' Picnic Tables - Handicap The three bids received were: Contract Connection Inc. $ 8,882.13 Upbeat Inc. $12,182.00 Summit Supply $10,950.00 The lowest bidder was Contract Connection Inc. Disbursement of funds will be taken out of account number 001- 0000 -115 -7020, "FRDAP Grant- Murray Park". Approximate available balance is $ 69,000.00. 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 45 46 47 48 49 50 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 CONTRACT WITH CONTRACT CONNECTION INC., FOR $8,882.13 TO PLACE AMENITIES AT MURRAY PARK, AND TO DISPENSE FUNDS FROM ACCOUNT NUMBER 001- 0000 -115 -7020 "FRDAP GRANT - MURRAY PARK ". WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, Contract Connections has been in business in the State of Florida for over 30 years, and; WHEREAS, Murray Park is still under development, and new amenities will enhance the existing Tot Lot and Murray Park —Hope Butler Center; and WHEREAS, Ten (10) 32 gallon Dome Top lid with chain assembly (Black), ten (10) 32 gallon free standing receptacles, six (6) Prestige 6' Bench with back, seven (7) Signature Series 8' Picnic Table- Portable- (Green/Black), three (3) Signature Series 8' Picnic Table - Handicap (Green/Black), will be purchased; and WHEREAS, The these new amenities will add to the beautification of this site; and WHEREAS, The Parks & Recreation Department has received three bids: Contract Connection Inc. $ 8,882.13 Upbeat Inc. $12,182.00 Summit Supply $10,950.00 WHEREAS, The lowest bid was Contract Connection Inc. 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 Contract Connection Inc., for $8,882.13 and charging the amount to account number 001 - 0000 -115 -7020, "FRDAP Grant Murray Park ". Section 2. This resolution shall take effect immediately upon approval. 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 W� PASSED AND ADOPTED this day of September 2001. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY C-t.d Co mectimtnc A— .WMoUWft c 200) —� _.,�, -r t Contract Connection inc. Quote Quote No,, 200002144 PO E30X 848264 Version Quote e at Quote Date 09/12/2001 J' Pembroke Pines, Florida 33084-0254 Today's ate 09/1 Date 09/1212001 Voice: 9.54-925-2800 Fax: 964-925-0800 Salesperson Scoff Krohn Entered By Scott E3 504 South 2nd Street Ship Via Yellow Freight I Jacksonville Beach, Florida 32250 Factory_ Wabash Valley Voice: 904-249-5353 Fax: 904-249-8177 QUOTE rO: JOB NAME., City of South Miami City of South Miami Parks & Recreation City of South Miami City Hall I 76130Stinset 6130 Sunset Drive r ortvg South Miami, FL U143 Attn: Ana Garcia South Miami, FL 33143 Phone: 306-683-6319 Attn: Doug Baker Phone: Fax: 305-869-1266 lendor Catalog Description V1l -DTL32 32 gallon Dome Top lid W/ Chain assembly Quantity Unit Price Amount (Slack) W-LRD322 32 Gallon Free Standing Receptacle 10 $62.11 $621.10 W-P2516 Prestige 6' Bench wlSack- fnground 10 $15263 $41,526.30 VV - Iq 111 SignatUrr, ' 8696 ..s F" Picnic Table - Portablc? 6 $287'.37 $1,724,22 7 529-47 Signature Series 6 Picnic Table - Handicap `2 (Gresmm) $4931 68 $1,4814.()4 OLOR Hiuntar ;fin plastj '01 with Black domes and frames. All items uglify for the quick ship PrOgrarn If order Wfthin the color requirg"nts and i1i ship OAA Wh-hin 10 days from rgcgipf of order, -her C is 4-5 weeks. PdOing based on WrO-Nde Bid 4907-2JO3-OTR- -Diom ftndard Load Tim* for Pt*-'Qs CIO not Include: irist4liation and assembly, inside d4livery and 'ROading, finchoring hardware, storage of n1aterlats. Lice: SR Tax Exempt: Yes Credit RePort Required, No ayrmnt Terrns; Prepayment With Order Material Subtotal: $8,882.13 Tax: $0.00 installation Chrgs- $0.00 Freight: $0.00 Other. Total=$8,882,13 P m remit ,Ali P omen 4— Pembr lie lain s Of L Pre2a rMen 13 I i �n the first day of each month, Invoices Over 31 days old W9 subject to a service chargq of 1 1/2% per month. SignIng and accepting the Quotation above 11130 acknowl 1�1.992ptanceofthlstsftrest. iproval and acceptance of this proposal may b8 executed by signing low and faxing track #o the Office Chocked abQve, r) Mpany:' iW (Issuing Date:-- i'horized Purchaser; ---------- Title; Ofikes in: Jacksonvih Beach, R, Laudep$A, Tamps, � OdandD, pen SWW07W'� �,Adan�t.� %ft�rm an�dWosf Parm 8W'h MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ----------------------------------------------------------------------------- BPO ID: ABCW0100480 PRINT DATE: 02/28/2001 PAGE: - 02 ------------------------------------------------------------------------------ AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: PR****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER TERMS: COSTS OF MANDATORY RANDOM AUDIT BY THE INSPECTOR GENERAL ARE INCORPORATED INTO THIS CONTRACT AS 1/4 OF 1% OF THE CONTRACT PRICE. THIS IS A BLANKET PURCHASE ORDER COVERING PERIOD FROM 03/01/01 TO 02/28/03 DELIVERIES AGAINST THIS PURCHASE ORDER SHALL BE MADE IN QUANTITIES AND TIMES AS REQUESTED BY THE DEPARTMENT DURING SAID PERIOD. INVOICING SHALL BE ON A PER ORDER (DELIVERY) BASIS OR ON A MONTHLY INVOICE BASIS. ALL ITEMS IN ACCORDANCE WITH BID PROVISIONS AND SPECIFICATIONS. ESTIMATED QUANTITIES AND/OR DOLLARS ARE FOR RECORD PURPOSES ONLY. , NO GUARANTEE IS EXPRESSED OR IMPLIED AS TO QUANTITIES AND/OR DOLLARS THAT WILL ACTUALLY BE PURCASED. THE VENDOR ACCEPTS ALL RISKS ASSOCIATED WITH USING THIS INFORMATION. JTHORIZED SIGNATURE: LAST PAGE DATE: 2=; MIAMI -DADS COUNTY BLANKET PURCHASE ORDER ------------------------ - - - - -- - -- - - - - -- -- -- -- --- - - - - -- B20 ID: ABCW0100480 PRINT DATE: 02/2 200 O AGE: 01 VENDOR ID: * * * * * * * * ** ���v MULTI - VENDOR BPO e?IAR 5 ` °0 BYC= PRIME VENDOR SET ASIDE : SUBVENDOR GOAL : 00% PRIME VENDOR COMMITMENT: 00% SHIP T0: ?S SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER TO: INNISS, EDGAR M. LTB ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT ----------------------------------- 02/28/2003 - - - - -- ------------------------------------ 9,290, 000.00 3ID NUMBER 1_907 -2/03 9 ?RE- QUALIFIED VEND R_, FOR M L '? -' .i,D,, -) F "TENDOR ID SFX VENDOR NAME: DISCOUNT TERMS -)10668607 01 HUNTER KNEPSHIELD COMPANY 2 %20NET30 -)50108496 01 CONTRACT CONNECTION INC 2 %20NET30 -)50170950 01 LEADEX CORP 2 %20NET30 20768130 01 NO FAULT INDUSTRIES INC 2 %20NET30 ,j TEM COMMODITY ID U/M UNIT COST 1 650 -12 EA -)'LIMBERS, PLAYGROUND 2 650 -18 LO OMBINATION SETS, PLAYGROUND ------------------------ - - - - -- END OF ITEM LIST 1 MIAMI DADE COUNTY BID NO. 4907-2/03- OTR -SW BID PROPOSAL FOR: PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) =IRM NAME: Gtr Y)'fwik� C.f�•ll�.�QL�T L C� 1�.L1 1 h•�.C. :tem Description OPTION B: INFRASTRUCTURE (CONTINUED) 11) Excavation ( per cubic yd, including removal and disposal) $e /Cu. Yd. VARIANCES: State any Variances, however slight, to the listed options. OPTION C:. FiN "� Rental of 6' High Fencing - Installed including grounding and posts. j 1) Up to 100 lineal feet fencing, one order $ /Lin. Ft. 2) 101 lineal Feet to 1000 lineal feet one order $_ ?�.Q_ /Lin.Ft. 3 101 Lineal Feet to 5000 linear feet one order $ /Li n. Ft . Rental of 6' high gates- Double Swing Installed Including gate posts, brace assemblies, and grounding. 1) 12 Ft. wide gate opening d b $ 64 /Each. Page 29 1222 SE 9t Terrace Cape Coral, Fl. 33990 (888) 886.3757 (941) 772 -8496 FAX" To: _ _Doug 'Baker City of South Miami Telephone: _ Facsimile: 305 -669- 1266 OMMSMMEMMEAMNOM From: 13rianna Russell Date. $115/01 Number of Pages: 2 inoludin cover page)____ vo N 0 EP. 11 "2001 10: CIPAN ':-::UMN! T DUPPLY FAX (970) 247-1371 SUPPLY CORPORATION OF ICIOLORADO 5092 Co. Rd 302• Durango, 00 81301 (970) 241 -8858• (800) 526.0116 - PHONE /`To Ago U r 4 jjjj f3 2 .0 C _L IC-1. Proposal ,ECIFICATIONS Q C$TLMAT;L__ plopcsaU NQ 03197 agn No '11, 1-51 RE ET _CITY, STATE AND ZIP' —CODE JOB LOCATION 331 r r— ) 3— SHIP TO-, jJOSPHONE 411CHITECT lown tnlc 1jerehy prop6�j2 to - U4N DESCRIPTION I EACH AIVI 0 U N T T Co. ta, 0 JIM I A le J_ MAI 010S6 IN —7, A-5 AJ L SALES TAX I WE PROPO$E nerdy to furnish mawlal and 1,,tby - complem in iccorciance wit, abnoig t;paciiicp.II0n3, fpc -r.L L Of. EstiM'A1 1�eliveEl tiMG—% �0— ( Mli (V i attar receipt of order. KE3 Factor I re $1 addod proo—ai rep-Or-1, f _ k A1 d !Q to At ePGVW. All WG-j to aciriololad in a avLe;cm1ai — Misr A 1�t",-=;6�,.�"'; 'r�', , ;,�� TERMS 3 FrLptld or, fLl!l YooltI7 the order. (No addn- charges) ARE;U 50% with the order - balance COD (RequitCS COD ChS,90) will bb U o� WN IIHN (;F13E2k2 and will bo�ctj a an Ma ana above NjOW.1maic. This ,,,I Net 30 days wiO c�.,,znj and ail o,a., -sli b ,cro.m.1red Jr rcr.::ordancla yo,"'� ih,� Am, of ho ��aio of CIum= Oaria oa irrevocable bank letter of credit _hT '..Ai il !hc S*t ljf 17%lomda. Plact, tj y9o%A in al to Lit Polio �a ,jmy, C.1c,adQ, Tha or w binK figel, lor all cufP­1 I '4,j pee month asm @ssed Qrl annouills Over. 30 days. ri?,;VcII11Q party 11 f:114'0jll azVCl am'], clt; *-Iliflad la roaddor*ls 0;Ic,:ncy': tow ircurr-31 In corm -eekmN'ijll Aild aallor. Not-, This VOPOW-1 May hO Auttlortized xx vilthdreAln'bY VP It 1`101 aCtepted within— —days, (NI'lls'. bc it 1c Oy a.0 -,pane ott,carl CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: September 13, 2001 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager Commission Meeting September 18, 2001 J & M Athletic Wear Inc. REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to disburse the total sum of $5,940.00 to J & M Athletic Wear, Inc. BACKGROUND & ANALYSIS Each year the success of the Cheerleading Program has brought more young girls to participate with the City of South Miami Parks & Recreation Department's activities. 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. J & M Athletic Wear, Inc., is a company that is providing the Parks & Recreation Department; Cheerleading program with uniforms. We have purchased a total of 72 uniforms at a cost of $5,940.00. The first order of 60 uniforms cost $4,950.00. This amount did not warrant a resolution. The City's Charter states that any items costing $5,000.00 or more, needs approval from City Commission. The above mentioned was less then $5,000.00. The second order for 10 extra uniforms equaled $825.00. This figure brought the total amount of expenses with this company, above the $5,000.00 mark. The purchase of $825.00 exceeded the $5,000.00 amount by $775.00. A resolution was passed on the 241' day of July 2001, (Resolution # 97- 01- 11245), for the above - mentioned amount of $825.00. As the second order was being completed, two other uniforms were made due to the fact that two other children had registered for Cheerleading. The amount for the two added uniforms ($82.50 X 2 = $165.00), was charged to the $4,950.00 purchase; bringing the total to $5,115.00. Two purchase orders were established through the Finance Department, one on 7/9/01 (purchase order number 004597) for $4,950.00, and another on 8/16/01 (purchase order number 004673) for $825.00. With this resolution, disbursement of all monies spent on this vendor, J & M Athletic Wear, Inc., in the amount of $5,940.00 for the entire year, as specified by the Finance Department Director, would be released by the City Manager, through the authority of the Mayor and City Commission. As previously noted under Resolution # 97 -01- 11245, passed on the 24th of July 2001, the following three bids were received. The total cost amounts reflect a total of 72 uniforms ordered: J & M Athletic Wear, Inc. Team Cheer Kings Bay Athletics $ 5,940.00 ($82.50 X 72) $ 8,254.80 ($114.65 X 72) $ 9,108.00 ($126.50 X 72) The lowest bidder is J & M Athletic Wear, Inc. Funds will be disbursed from account number 001 - 2000 - 572.5631, "Cheerleading ". Available funds $6,226.00. RECOMMENDATION Approval is recommended. Commission «her Cheedeed ngUrdo mB 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE TOTAL SUM OF $5,940.00 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 first order of 60 uniforms cost $4,950.00, and this amount did not warrant a resolution according to the Charter; and WHEREAS, The second order for 10 extra uniforms equaling $825.00 exceeded the $5,000.00 amount by $775.00; and WHEREAS, A resolution was passed on the 24th of July 2001 (Resolution #97-01 - 11245) for $825.00; and WHEREAS, Two purchase orders were assigned by the Finance Department; one on 7/9/01 (Purchase Order # 004597) for $4,950.00, and 8/16/01 (purchase order # 004673 for $825.00); and WHEREAS, The second order was being completed, two other uniforms were made due to the fact that two other children had registered for Cheerleading; and WHEREAS, This additional purchase ($82.50 X 2 = $165.00) was charged to $4,950.00 the first order, and creating this order to go above the $5,000.00; and WHEREAS, This resolution covers disbursement of all monies spent on this vendor, J &M Athletic Wear, Inc., in the amount of $5,940.00 for the entire year, as specified by the Finance Department Director; and WHEREAS, The Parks & Recreation Department received three bids: J & M Athletic Wear, Inc. $5,940.00 (82.50 X 72 (total uniforms)) Team Cheer $8,254.80 ($114.65 X 72 (total informs)) Kings Bay Athletics $9,108.00 ($126.50 X 72 (total uniforms)) WHEREAS, The lowest bidder is J& M Athletic Wear, Inc; and 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 WHEREAS, It has been over five years that new uniforms have been purchased and the existing ones are old and faded. Some of them have been ripped and are mended by hand. 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 $5,940.00 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. PASSED AND ADOPTED this day of September 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY More Cheedeadhig Uniforms RM2001 APPROVED: MAYOR `�n-3 �c- ) - i z �; s' a_� J & M ATHLETIC WEAR, INC. qk_6� 4471 NW 36 ST. SUITE 253 MIAMI FL. 33166 -T r, / (305) 218 -9885 DATE 49--Z4--8f BILL TO CITY OF SOUTH MIANII P.O.NO. TERMS START DATE DUE DATE ITENI DESCRIPTION CHEER UNIFORM IF PREPAY 5 % DISCOUNT QTY PRICE ANIOUNT 70 $fit) $36931 Sub -Total &540+ft Tat Shipping Total S56ft90 `' C �(/ / � � Deposit Title Balance NO CANCELLATION AFTER 48 HOURS OF THE ORDER BEING IN PROCESS. DUE TO MATERIALS. TRIMMINGS. LETTERS AND OTHER UNFORSEEN EVENTS INVOLVED IN MANUFACTURING.. SOMETIMES DUE DATES ARE DELAYED BECAUSE OF DELAYS OUT OF OUR CONTROL. ALL OUR WORK IS UNCONDITIONALLY GUARANTEED.ALL CUSTOMERS HAVE 14 DAYS TO MAKE ANY REPAIRS OR EXCHANGES ONCE ORDER IS DELIVERED. WE WILL REPLACE OR REPAIR ANY GARMENT IMMEDIATELY UPON REQUEST WITHIN THOSE 14 WORKING DAYS ONLY NO EXCEPTIONS. DUE DATE STARTS WHEN SEVENTY FIVE PERCENT DEPOSIT OR PURCHASE ORDI IS RECEIVED. BALANCE DUE ON DAY OF DELIVERY. PERSON WHOSE SIGNATURE APPEARS ABOVE IS RESPONSIBLE FOR PAYMENT. NO MERCHANDISE WILL BE DELIVERED WITHOUT FINAL PAYMENT. NO EXCEPTIONS. 131 MAIN STREET * GENESEO, NY 14454 " (8WP50-1562 (715)243 -?841 - (710)2*5265 (FAX) - VNWTEAMCHEERCOM Fnaimile Jr TO From m: rcx-. Pases Phone, OU —3 Vr9ent ❑ For Review Cl Please CommentO Please Reply D Please Recycle PO # Message; V Gre� 6�OST5 - estir.)10,te O"A - f rui ust orhW . W�I -I;r rnr O"r C � S. cc eff- I'l Ae rk T (' KINGS BAY ATHLETICS J 14465 S. Di RAIAM I . NAME JAD.DRESS FLORI (305) 23! `•/ER NO. PHONE 4jj SOLD BY CASH C.O.D. � CHARGE ON ACCT. MDSE. RET'D. PAID OUT I I I f—)Ty DESCRIPTION PRICE AMC'_' °.T I 1 I I RECEIVED BY i B PRODUCT 610 26173 I 2 50,) I I t TAX l TOTAL All claims and returned goods must be accompanied by this bill. CITY OF SOUTH MIAMI To: Mayor and Commission Date: September 18, 2001 From: Earl G. Gallop Agenda Item S7 City Attorney Commission Meeting August 21, 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 August 31, 2001 in the total amount of $18,206.65. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 3,000.00 $ 2,261.76 Account # 1500- 514 -3435 Professional Services - $ 5,000.00 $ 2.097.86 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 $ 7,000.00 $ Legal Services Non Retainer $ 20,000;00 $ 13,847.04 Account # 1500 -3410 3 A detailed Billing Statement is attached South Miami F 1 o r l d a 2001 CITY OF SOUTH MIAMI To: Mayor and Commission Date: September 18, 2001 From: Earl G. Gallop Agenda Item S7 City Attorney Commission Meeting August 21, 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 August 31, 2001 in the total amount of $18,206.65. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 3,000.00 $ 2,261.76 Account # 1500- 514 -3435 Professional Services - $ 5,000.00 $ 2.097.86 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 $ 7,000.00 $ Legal Services Non Retainer $ 20,000;00 $ 13,847.04 Account # 1500 -3410 3 A detailed Billing Statement is attached I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 5 FEES APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 6 FIGUEREDO, P.A. IN THE AMOUNT OF $18,206.65; CHARGING 7 $2,261.75 TO ACCOUNT NO. 1500 - 514 -3435, REAL 8 PROPERTY /FORECLOSURE; CHARGING $13,847.04 TO ACCOUNT 9 NO. 1500- 514 - 3410, LEGAL SERVICES, NON- RETAINER; AND 10 CHARGING $2,097.86 TO ACCOUNT NO. 608 -1910 -521- 3100, 11 PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN 12 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, authorizing 16 payment of City Attorney non - retainer attorneys' fees and costs; and, 17 18 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for 19 legal services rendered, and costs advanced, for the period ending 20 August 31, 2001, in the amount of $18,206.65; and, 21 22 WHEREAS, the City Attorney recommends payment of the attached invoices. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. The invoices for attorneys' fees and costs received from Nagin 28 Gallop Figueredo, P.A., in the total amount of $18,206.65, are approved for payment and 29 charging $2,261.75 to account no. 1500 -514 -3435, real estate /foreclosure; charging 30 $13,847.04 to account no. 1500- 514- 3410, legal, non- retainer; and charging $2,097.86 to 31 account no. 608 -1910- 521 -3100, forfeitures. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 Additions shown by underlinin and deletions shown by ever- 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 PASSED AND ADOPTED this day of September, 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: \ \Dell_6100 \Documents \City of South Miami \0022 - 001\1 1245.doc Additions shown by underlining and deletions shown by e ,eY ng. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 68 Date: September 14, 2001 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 5 Real Estate /Foreclosure 1500 -514 -3435 2,261.75 2,261.75 2 7 Legal, Non - Retainer 1500- 514 -3410 13,847.04 13,847.04 3 6 Forfeitures 608- 1910- 521 -3100 2,097.86 2,097.86 TOTAL $18,206.65 Purchase Order No. I Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager rt 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 September 1, 2001 Matter ID: 0022 -002 Real Estate Statement No. 9911 Hours Amount 8/1/2001 EGG Reviewed July 30 letter from Mr. Donet, attorney for 79th Street 0.50 87.50 Corp., regarding revisions to memorandum of understanding concerning constructing parking improvements to property at 5700 SW. 41 st Street; reviewed revisions to MOU prepared by Mr. Lorber and transmitted same to Mr. Donet. Total Professional Services 87.50 Rate Summary Earl G. Gallop 0.50 hours at $175.00/hr 87.50 Total hours: 0.50 Payments 8/8/2001 Payment Ck#33424 350.00 8/8/2001 Payment Ck #33422 2,625.00 Sub -total Payments: 2,975.00 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. 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. 87.50 0.00 87.50 3,416.97 2,975.00 529.47 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 FIGUEREDO P.A. Attorneys &Comms«lwrs 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 ' Telephone: C3O5\854-5353 Facsimile: 8O6\854-5351 HakaomOoh|kova �^�� September —''~~~' Finance Director Matter ID: 0022-003 x of8o��Miami City Miami V0lUan�nonF�recoaupe ' 6130 Sunset Drive Statement No. 9R12 City of South Miami, FL 33143 Payment is due upon receipt. 10 days of receipt of any questions you hoxe regarding this invoice. Interest at rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 8/2/2001 EAB Finalized 1.00 15000 to the motion, and began drafting attorney's fees affidavit in which ~~ provide actual time expenditures. 8/2/2001 EGG Reviewed time invoices for motion for award of attorneys' 1.00 175.00 fees. 8/3/2001 EAB Provided guidance and assistance to Ms. Jester jn finalizing costs 0.30 45.00 and attorney's fees affidavits. 8/6/3001 EAB Finalized affidavits fo Ms. Rono\a execution, and finalized motion 0.50 75.00 for summary judgment. 8/7/3001 EAB Telephone conference with Ms. Room regarding contents cf her 0.30 45.00 affidavit m support of summary final judgment for foreclosure. 8/8/2001 EAB Continued bo finalize documents for final summary judgment. 0.30 45.00 8/812001 REC Picked up affidavit from Da|kag|oho'soffioe. 0.75 15.00 8/9/2001 EAB Completed final last minute revisions and executed all documents 0.30 45.00 in support of hearing on final summary judgment. 8/24/2001 EAB. Telephone ' 0.60 90.00 regarding Perry's request for extension and issue of proper notice of CEB orders and liens to owners of property; conducted legal research of Chapter 162, Fla. Stat., and CSM prior code sections on CEB procedures; and 1995-6 property appraiser records on ownership of property. 8/28/2001 EAB Prepared 0.60 90.00 for summary judgment; organized file in preparation for hearing; revised final judgement order. 8/28/2001 REC Delivered documents bo Judge Simon. 0.50 10.00 8/28/2001 EAB Prepared for a d attended final summary judgment on 3.50 525.00 foreclosure; telephone conference with Mr. Scurr proposed tngnoferofpropedvtoMob|�tforMurnan'~'–�~ned auction sale date. Payment is due upon receipt. 10 days of receipt of any questions you hoxe regarding this invoice. Interest at rate of 1.5% per month will be charged if payment is not received within 30 days. 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 1D: 0022 -003 Statement No.: 9912 Page: 2 8/30/2001 EAB Telephone conference with Mr. Scurr, Mr. Oravec and Mr. Gallop 0.50 75.00 regarding finalizing ownership interest in the property and possible transfers of property to third persons. Total Professional Services 1,385.00 Rate Summary Eve A. Boutsis 7.90 hours at $150.00 /hr 1,185.00 , Rose E. Cadenhead 1.25 hours at $ 20.00 /hr 25.00 Earl G. Gallop 1.00 hours at $175.00/hr 175.00 Total hours: 10.15 Expenses Parking Charge 8.25 Courier charge 43.25 Photocopies 384.00 Sub- total Expenses: 435.50 Payments 8/8/2001 Payment Ck#33422 487.25 8/8/2001 Payment Ck#33424 2,678.37 Sub -total Payments: 3,165.62 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 Matter ID: 0022 -003 Statement No.: 9912 Page: 3 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. 1,385.00 435.50 1,820.50 3,523.12 3,165.62 2,178.00 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. r a 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 September 1, 2001 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 9913 City of South Miami, FL 33143 Total Professional Services 3,745.00 Rate Summary Luis R. Figueredo 19.40 hours at $175.00/hr 3,395.00 Earl G. Gallop 2.00 hours at $175.00/hr 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. Hours Amount 8/2/2001 EGG Prepared for meeting with city representatives on project options 0.50 87.50 involving Mr. Mark Rickmond and telephone call to bond counsel. 8/2/2001 EGG Attended meeting with Messieurs Scurr, Basu and Figueredo 1.50 262.50 regarding financing options for garage and structure of agreement with Mr. Richmond. 8/8/2001 LRF Meeting with Mr. Scurr regarding SPG. 1.30 227.50 8/13/2001 LRF Researched and worked on financial projections. 3.50 612.50 8/15/2001 LRF Researched and worked on financial projections. 3.50 612.50 8/16/2001 LRF Researched and worked on financial projections. 3.50 612.50 8/1712001 LRF Meeting with George McCardle; worked on financial projections. 3.00 525.00 8/24/2001 LRF Telephone conference with George McCardle. 0.50 87.50 8/27/2001 LRF Meeting with George McCardle. 1.00 175.00 8/27/2001 LRF Meeting with Mr. Scurr and Mr. Gallop; reviewed and revised 2.30 402.50 financial projections. 8/28/2001 LRF Telephone conference with Charles Scurr regarding project 0.30 52.50 developments. 8/29/2001 LRF Conference with Mr. Gallop; telephone conference with Mr. Scurr 0.50 87.50 regarding meetings with City Commissioners. Total Professional Services 3,745.00 Rate Summary Luis R. Figueredo 19.40 hours at $175.00/hr 3,395.00 Earl G. Gallop 2.00 hours at $175.00/hr 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. S e Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 9913 Page: 2 Total hours: 21.40 Payments 8/8/2001 Payment Ck#33424 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you 175.00 Sub -total Payments: 175.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 3,745.00 0.00 3,745.00 612.50 175.00 4,182.50 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 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 September 1, 2001 Matter ID: 0022 -027 Bruce v. Code Enforcement Statement No. 9914 Hours 8/16/2001 EAB Telephone conference with Mayor J. Robaina regarding continued 0.30 violations by Mr. Bruce, and requested assistance from CEOs and Assistant Chief Feldman. Total Professional Services Rate Summary Eve A. Boutsis 0.30 hours at $150.00 /hr 45.00 Total hours: 0.30 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. Amount 45.00 45.00 45.00 0.00 45.00 9.50 0.00 54.50 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 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 September 1, 2001 Matter ID: 0022 -034 CSM v. Third Group Mortage, Statement No. 9915 Hours Amount 8/7/2001 EAB Prepared motion to strike affirmative defenses. 0.20 30.00 8/8/2001 REC Filed Pleading and delivered copies to Judge Gordon. 0.50 10.00 8/17/2001 EAB Telephone conference with Jericho's counsel's office regarding his 0.20 30.00 notice of change of address and request to change hearing date on motion to strike affirmative defenses; agreed to change hearing date due to counsel's unavailability. 8/28/2001 EAB Analyzed documents produced by opposing counsel and 0.40 60.00 determined that hearing on motion to compel /strike should be cancelled, telephone conference with Sam of Max Spiegelman's office regarding document production by Jericho. Total Professional Services 130.00 Rate Summary Eve A. Boutsis 0.80 hours at $150.00 /hr 120.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Expenses Total hours: 1.30 Mileage 11.00 Parking Charge 4.50 Sub- total Expenses: 15.50 Payments 8/8/2001 Payment Ck#33422 185.00 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. 5 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 9915 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 185.00 130.00 15.50 145.50 185.00 185.00 Total Due 145.50 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. �_— 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 September 1, 2001 Matter ID: 0022 -046 Merrick v. City of South Miami Statement No. 9916 Hours Amount 8/1/2001 EGG Communications with Capt. Ross and Mr. McDuff regarding IA's 1.50 262.50 and AI's concerning Merrick; reviewed documents; telephone conferences with Mr. McDuff regarding responding to trial judge's order to respond to offensive motion by request court to allow documents to be filed under seal. 8/22/2001 EGG Reviewed order granting part of plaintiffs motion to compel 0.40 production of IA files, and reviewed motion to compel discovery and to extend discovery deadline. 8/27/2001 EGG Telephone conference with Mr. McDuff regarding status of court 0.30 proceedings and discipline proceedings regarding ofcr. Merrick and further handling needs. 8/27/2001 EGG Reviewed documents transmitted to opposing counsel regarding 0.20 completed Administrative Investigation of complaint against ofcr. Merrick. Rate Summary Earl G. Gallop Payments 8/8/2001 Payment 8/8/2001 Payment Total Professional Services 2.40 hours at $175.00/hr 420.00 Total hours: 2.40 Ck#33424 1,087.45 Ck #33422 106.50 Sub -total Payments: 1,193.95 70.00 52.50 35.00 420.00 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 Matter ID: 0022 -046 Statement No.: 9916 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 420.00 0.00 420.00 1,701.45 1,193.95 Total Due 927.50 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. u 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 September 1, 2001 Hakeem Oshikoya Matter ID: 0022 -061 Finance Director City of South Miami NRA, et al. vs. City of South 6130 Sunset Drive Statement No. 9917 City of South Miami, FL 33143 Hours Amount 8/22/2001 EGG Reviewed NRA reply brief and request for oral argument. 1.00 175.00 Total Professional Services 175.00 Rate Summary Earl G. Gallop Expenses Payments 8/8/2001 Total hours: Courier charge Legal research Payment Ck #33422 1.00 hours at $175.00/hr 1.00 175.00 15.20 242.81 Sub -total Expenses: 258.01 572.50 Sub -total Payments: 572.50 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. A CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 9917 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. 175.00 258.01 433.01 10,164.96 572.50 10,025.47 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 FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 1, 2001 Hakeem Oshikoya Finance Director Matter ID: 0022 -063 City of South Miami City Hall Project 6130 Sunset Drive Statement No. 9918 City of South Miami, FL 33143 Payments 8/8/2001 Payment Ck#33424 70.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 70.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 70.00 70.00 a 2l 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 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 September 1, 2001 Matter ID: 0022 -068 Telecommunications Contracts Statement No. 9919 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 875.00 0.00 875.00 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 Miami, Florida 33133 Facsimile (305) 854 -5351 September 1, 2001 Matter ID: 0022 -072 Forfeiture of 1995 Plymouth 2 Statement No. 9920 Payments 8/8/2001 Payment Ck#33424 12.50 Sub -total Payments: 12.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 12.50 Payments - Thank you 12.50 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. 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 September 1, 2001 Matter ID: 0022.075 Forfeiture of 2000 Audi Coupe Statement No. 9921 Hours Amount 8/10/2001 EAB Telephone conference with Mr. Rubino regarding settlement, 0.30 30.00 prepared offer of settlement; prepared memorandum to file providing Rate Summary Eve A. Boutsis Michael D. Spivack Total hours: Payments 8/8/2001 Payment Ck#33424 0.30 update on status of litigation. 8/20/2001 EAB Began initial draft of witness and exhibit lists per court order. 8/21 /2001 EAB Telephone conference with Mr. Rubino who again offered to settle litigation, and conveyed offer to AC Feldman. 8/22/2001 EAB Meeting with Mr. Michael Spivack and telephone conference with AC Feldman regarding proposed offer; prepared letter to Frank Rubino conveying ,City's counter offer; telephone conference with Mr. Rubino regarding his counter -offer, and telephone conference with AC Feldman discussing rejected counter -offer and authorization to proceed to trial. 8/22/2001 MDS Reviewed witness and exhibit list. 8/24/2001 EAB Telephone conference with AC Feldman in which City agreed to accept offer of settlement; prepared settlement agreement and coordinated release of Audi; and telephone conference with Mr. Rubino to coordinate release of vehicle. Rate Summary Eve A. Boutsis Michael D. Spivack Total hours: Payments 8/8/2001 Payment Ck#33424 0.30 30.00 0.20 20.00 0.50 50.00 0.10 17.50 0.70 70.00 Total Professional Services 2.00 hours at $100.00 /hr 200.00 0.10 hours at $175.00/hr 17.50 2.10 33.00 217.50 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. 8/8/2001 Payment CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -076 Statement No.: 9921 Page: 2 Ck#33422 30.00 Sub -total Payments: 63.00 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. 217.50 0.00 217.50 63.00 63.00 217.50 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 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 September 1, 2001 Matter ID: 0022 -079 Forfeiture of 1992 Blue Acura Statement No. 9922 Payments 8/8/2001 Payment Ck#33424 29.00 Sub -total Payments: 29.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 29.00 Payments - Thank you 29.00 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 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 1, 2001 Hakeem Oshikoya Matter ID: 0022 -080 Finance Director City of South Miami Forfeiture of $5,000 US Currency 6130 Sunset Drive Statement No. 9923 City of South Miami, FL 33143 Payments 8/8/2001 Payment Ck#33424 41.00 Sub - total Payments: 41.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 41.00 Payments - Thank you 41.00 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 September 1, 2001 Matter ID: 0022 -082 Canal Maintenance Agreement Statement No. 9924 Payments 8/8/2001 ` Payment Ck#33424 350.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 350.00 0.00 350.00 350.00 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 September 1, 2001 Matter ID: 0022 -083 Zoning Task Force - Amending Statement No. 10019 Hours Amount 8/27/2001 LRF Reviewed agenda items for the August 28, 2001 Planning Board 3.00 525.00 Meeting. Total Professional Services Rate Summary Luis R. Figueredo 3.00 hours at $175.00/hr Total hours: 3.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 525.00 To be properly credited, please indicate Statement Number on your remittance check. 525.00 525.00 0.00 525.00 1,085.00 0.00 1,610.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at rate of 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUEREDOP.A. 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 September 1, 2001 Matter i D: 0022 -084 Forfeiture of 1993 White Chevy Statement No. 9926 Hours Amount 8/10/2001 EAB Telephone conferences with Mr. Rubino and AC Feldman regarding 0.50 50.00 settlement; prepared general release and letter to counsel requesting payment to be made to CSM PD's directly and prepared notice of voluntary dismissal. Rate Summary Eve A. Boutsis Payments 8/8/2001 8/8/2001 Payment Payment Total Professional Services 50.00 0.50 hours at $100.00 /hr Total hours: 0.50 Ck#33422 Ck #33424 Sub -total Payments: 50.00 73.00 198.50 271.50 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. -:,"' �— ,�:— <,,...- -,-. -- r.',. -.-" `emu -�-m,— s .rte, o — ',-° - ,''F^ ,X » I — _ � , r Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -084 Statement No.: 9926 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. 50.00 0.00 50.00 301.50 271.50 80.00 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 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 1, 2001 Matter ID: 0022 -085 Yvonne Beckman v. The City of Statement No. 9927 Payments 8/8/2001 Payment Ck #33424 1,187.50 8/8/2001 Payment Ck #33422 114.65 Sub -total Payments: 1,302.15 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,302.15 Payments - Thank you 1,302.15 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 %o per month will be charged if payment is not received within 30 days. .... , 777 I CONFIDENTIAL'- ATTORNEY /CLIENT PRIVILEGED e 4 NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya September 1, 2001 Matter ID: 0022 -086 Finance Director Forfeiture of 1993 Gold Nissan City of South Miami 6130 Sunset Drive Statement No. 9928 City of South Miami, FL 33143 Hours Amount 8/2/2001 EAB Letter to Judge Donner regarding entry of two orders on probable 0.20 20.00 cause (judge entered three orders finding probable cause). 8/8/2001 EAB Telephone conference with Mr. Montanez regarding status of 0.10 10.00 execution of settlement agreement. 8/10/2001 EAB Follow up with Mr. Montanez on execution of settlement 0.10 10.00 agreement. 8/14/2001 EAB Prepared motion and order for final judgment. 0.30 30.00 8/14/2001 REC Filed Ex Parte Motion and delivered copies to Judge Donner. 0.75 15.00 8/16/2001 EAB Finalized motion for and proposed order on final judgment. 0.30 30.00' 8/30/2001 REC Recording Dept to get certified copy of final judgment and delivered 0.75 15.00 document to Asst Chief Feldman. Total Professional Services 130.00 Rate Summary Eve A. Boutsis 1.00 hours at $100.00 /hr 100.00 Rose E. Cadenhead 1.50 hours at $ 20.00 /hr 30.00 Total hours: 2.50 Expenses Parking Charge 11.50 Mileage 3.00 8/16/2001 Service of Process 30.00 8131/2001 Certified Copy 2.00 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. Payments 8/8/2001 Payment CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -086 Statement No.: 9928 Page: 2 Sub -total Expenses: 46.50 Ck #33424 110.00 Sub -total Payments: 110.00 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. 130.00 46.50 176.50 1,160.50 110.00 1,227.00 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 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 1, 2001 Matter ID: 0022 -088 Forfeiture of 1998 Black Chevy Statement No. 9929 Payments 8/8/2001 Payment Ck #33424 260.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 260.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. I e 0.00 260.00 260.00 MILI 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 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 September 1, 2001 Matter ID: 0022 -090 Forfeiture of 1990 Jaguar Gray Statement No. 9930 Hours Amount 8/7/2001 EAB Prepared ex parte motion for default against claimant, and provided 0.30 30.00 cover letter to judge enclosing motion and order. 8/8/2001 REC Filed Motion. 0.50 10.00 8/9/2001 EAB Telephone conference with Mr. Efthimiou regarding entry of default 0.30 30.00 and his motion to dismiss; and analyzed motion to dismiss and communication with AC Feldman providing him with update. 8/10/2001 EAB Telephone conference with Mr. Efthimiou; analyzed agreed order to 0.30 30.00 vacate default; and prepared noticed of jury trial 8/20/2001 EAB Analyzed motion to dismiss and began preparing for hearing on 0.60 60.00 Defendant's motion to dismiss. 8/21/2001 EAB Did legal research on issue of striking pleadings based upon 2.50 250.00 "scandalous" and "repetitive" allegations; completed research on opposition to motion to dismiss; and attended hearing on these issues; ultimately entered order allowing City to revise and amend complaint - as to delineate the various theories of liability and forfeiture; prepared detailed follow -up request to City on litigation matters. 8/22/2001 EAB Meeting with Mr. Michael Spivack to discuss trial strategy, 0.50 50.00 telephone conference with AC Feldman to discuss settlement issues; prepared letter to Mr. Efthimiou regarding proposed settlement offer. 8/22/2001 MDS Reviewed facts and law with Ms. Boutsis. 0.50 87.50 8/30/2001 EAB Telephone conference with Mr. Efthimiou regarding settlement, and 0.30 30.00 conveyed tentative acceptance of settlement offer to AC Feldman. Total Professional Services 577.50 Rate Summary Eve A. Boutsis 4.80 hours at $100.00/hr 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. a Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -090 Statement No.: 9930 Page: 2 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Michael D. Spivack 0.50 hours at $175.00/hr 87.50 Total hours: 5.80 Expenses Legal research 10.86 Parking Charge 9.00 Sub -total Expenses: 19.86 Payments 8/8/2001 Payment Ck#33422 90.00 Sub -total Payments: 90.00 For Professional Services 577.50 For Disbursements incurred 19.86 Current Balance: 597.36 Previous Balance: 2,095.50 Payments - Thank you 90.00 Total Due 2,602.86 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 September 1, 2001 Hakeem Oshikoya Matter ID: 0022 -091 Finance Director City of South Miami Professional Management vs 6130 Sunset Drive Statement No. 9931 City of South Miami, FIL 33143 Payments 8/8/2001 Payment Ck#33422 120.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 120.00 0.00 0.00 0.00 120.00 120.00 _ 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 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 1, 2001 Hakeem Oshikoya Matter ID: 0022 -092 Finance Director City of South Miami CSM Police Vehicle Accident 6130 Sunset Drive Statement No. 9932 City of South Miami, FL 33143 Payments 8/8/2001 Payment Ck #33422 30.00 Sub -total Payments: 30.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 30.00 Payments - Thank you 30.00 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 Miami, Florida 33133 Telephoner (305) 854 -5353 Facsimile: (305) 854 -5351 September 1, 2001 Hakeem Oshikoya Matter ID: ' 0022 -093 Finance Director City of South Miami Forfeiture of 1993 Jeep 6130 Sunset Drive Statement No. 9933 City of South Miami, FL 33143 Hours Amount 8/3/2001 EAB Telephone conference with opposing counsel Mr. Gaviria, and 0.30 30.00 telephone conference with AC Feldman regarding offer of settlement and proposed counter offer. 8/6/2001 EAB Telephone conferences with Mr. Gaviria, counsel for claimant, 0.60 60.00 telephone conference with AC Feldman and Detective Barrio on the offer, counter offer and settlement; prepared settlement agreement; and forwarded same to Mr. Gaviria who had his client execute the agreement. 8/10/2001 EAB Received order granting approval of settlement agreement, and 0.20 20.00 prepared notice of voluntary dismissal. 8/14/2001 EAB Prepared notice of voluntary dismissal and final documents to close 0.30 30.00 litigation. Total Professional Services 140.00 Rate Summary Eve A. Boutsis 1.40 hours at $100.00 /hr 140.00 Total hours: 1.40 Expenses Courier charge 13.70 Legal research 17.55 Sub -total Expenses: 31.25 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. d r Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -093 Statement No.: 9933 Page: 2 For Professional Services 140.00 For Disbursements Incurred 31.25 Current Balance: 171.25 Previous Balance: 1,252.46 Payments - Thank you 0.00 Total Due 1,423.71 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 September 1, 2001 Hakeem Oshikoya Matter ID: 0022 -094 Finance Director City of South Miami Officer Darby Wagner Arbitration 6130 Sunset Drive Statement No. 9934 City of South Miami, FL 33143 Hours Amount 8/1/2001 MDS Researched internet for possible mediator. Prepared letter to Mr. 1.00 150.00 Crow advising of five,possible mediators to preside over this matter. 8/6/2001 MDS Telephone conference with Captain Ross in reference to two new 0.30 45.00 Wagner matters. Rate Summary Michael D. Spivack Total hours For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 195.00 1.30 hours at $150.00 /hr 195.00 1.30 195.00 0.00 195.00 345.00 [r10] Total Due 540.00 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 Facsimile: (305) 854 -5351 Hakeem Oshikoya September 14, 2001 Matter ID: 0022 -095 Finance Director Lazaro D. Tabares - EEOC City of South Miami, 6130 Sunset Drive Statement No. 10021 City of South Miami,, FL 33143 Hours Amount 7/9/2001 EGG Attention to EEOC discrimination claims by Mr. Lazaro Tabares 0.50 87.50 and former police officer Darby Wagner. 8/7/2001 EAB Legal research on 1983 action and ADA claims. 1.00 150.00 8/8/2001 EAB Began revising Ms. J. Navarro's response to Mr. Lazaro Tabares' 1.20 180.00 ADA/Dade County Equal Employment charge; meeting with Ms. Navarro to discuss status of response and update on information obtained regarding Tabares' claim. 8/9/2001- EAB Email communications with Ms. Navarro regarding factual history of 4.00 600.00 Mr. Tabares' claim; analysis of Ms. Navarro's exhibits; completed legal research on ADA claims; revised Ms. Navarro's response, and began draft of legal analysis and counsel's response to claim. 8/10/2001 EAB Continued drafting response to ADA charge of discrimination. 3.00 450.00 8/13/2001 EAB Analysis of Miami -Dade County Code of Ordinances, Chapter 11A; 3.00 450.00 and continued to draft city attorney's response to disability discrimination claim. 8/14/2001 EAB Continued to update and revised counsel's response, addressing 0.40 60.00 Mr. Tabares's Chapter 11A claims. 8/15/2001 EAB Completed legal research on "reasonable accommodation" and 4.00 600.00 revised City Attorney's response, J. Navarro's response and affidavit of Mr. Rudy de la Torre (immediate supervisor) of Mr. Tabares. 8/16/2001 EAB Meeting with Mr. Michael Spivack in which we analyzed draft 0.20 30.00 response to Mr. Tabares ADA complaint; forwarded draft to Ms. Navarro for her review. 8/16/2001 MDS Reviewed three documents in reference to Mr. Lazaro D. Tabares' 0.50 75.00 complaint brought against' the City pursuant to Miami -Dade County's Code Chapter 11A and Title i of the American with Disabilities Act. Those documents were a letter addressed to Mr. Marcos Regalado from Mr. Gallop, a letter addressed to Mr. Marcos Regalado from Ms. Jeanette Navarro, and an affidavit by Mr. Rudy de la Torre.' 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. Y: 8/21/2001 EAB Prepared letter asking for last extension of time to respond to 0.20 30.00 charges of discrimination. 8/29/2001 EAB Meeting with Mr. Gallop regarding response to Mr. Tabares' ADA 1.50 225.00 charge of discrimination; and revised proposed response. 8/30/2001 EAB Prepared exhibits and finalized Ms. Navarro's and City Attorney's 2.50 375.00 response to ADA charge of discrimination. 8/31/2001 EAB Telephone conferences with Mr. de la Torre and Ms. Navarro, 4.00 600.00 revised their responses, and City Attorney's response. Rate Summary Eve A. Boutsis Earl G. Gallop Michael D. Spivack Total Professional Services Discount: 25.00 hours at $150.00 /hr 0.50 hours at $175.00/hr 0.50 hours at $150.00 /hr Total hours: 26.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 3,750.00 87.50 75.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 3,912.50 - 586.90 3,325.60 0.00 3,325.60 480.00 0.00 3,805.60 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED t 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 September 14, 2001 Matter ID: 0022 -096 Darby L. Wagner - EEOC Claim Statement No. 10020 Hours Amount 8/1/2001 EAB Telephone conference with Captain Salerno, and Captain Ross 3.00 450.00 regarding Officer Darby Wagner's EEOC Charge of racial discrimination, and his allegations regarding the Explorer Advisor position; and continued analysis of documents for racial breakdown and disciplinary actions. 8/2/2001 EAB 8/3/2001 EAB 8/6/2001 8/7/2001 EAB EAB Continued to revise Chief Watson's response to Officer Wagner's EEOC charge of discrimination; telephone conference with Captain Ross and AC Feldman regarding specific allegations in charging documents. Organized documents to be produced, including documents received from Captain Ross, AC Feldman and Captain. Salerno; finalized Chiefs response. Prepared city attorney response to charge of discrimination; organized documents for exhibits, bates numbering and indexing; telephone conference with Commander Ross, City Manager Scurr, and Human Resource Director J. Navarro regarding all personnel files on Officer Wagner and any possible complaints he may have made of discrimination; and analyzed ratio of discipline amongst the various officers - based on race. Telephone conferences with Chief Watson, AC Feldman regarding further discovered documents, chronology of events, and Mr. Wagner's specific claims of discrimination; telephone conference with Mr. McDufrs office to request copy of Wagner transcript in Merrick litigation; email communication with Captain Ross on outstanding statistical information and chronology of events; prepared City Attorney's response to Wagner's two EEOC charges of discrimination. 2.00 300.00 6.00 900.00 5.00 3.00 750.00 450.00 8/8/2001 EAB Meeting with AC Feldman, Captain Ross and Chief Watson 4.00 600.00 regarding Wagner EEOC charges - requested information and background history ' on certain comments made by Officer Wagner; and continued to revise Chiefs response and the City Attorney's response to EEOC charges. 8/9/2001 EAB Revised City's position statement as to retaliatory discharge claim; 1.40 210.00 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. 8 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -096 Statement No.: 10020 Pager 2 prepared memorandum to Mr. Spivack and Commander Ross Total hours: 3610 Expenses 8/28/2001 Federal express 8/29/2001 Outside copy job 11.96 512.22 Sub- total Expenses: 524.18 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. requesting the remaining closed lAs and Als not included in document production. 8/13/2001 MDS Reviewed initial drafts of letters to Mr. Juan Gonzalez from Mr. 1.50 225.00 Gallop and Chief of Police Watson. 8/21/2001 EAB Prepared letter asking for last extension of time to respond to 0.20 30.00 charges of discrimination. 8/21/2001 EAB Telephone conference with Chief Watson regarding revisions to his 0.40 60.00 response to Officer Wagner's charges of discrimination. 8/22/2001 EAB ,Telephone conference with Chief Watson and Captain Ross 1.00 150.00 regarding final revisions to Chiefs response; and revised details as to termination procedures implemented against Officer Wagner in compliance with CSMPD procedures. 8/28/2001 EAB Telephone conference with Juan Gonzalez regarding status of 0.20 30.00 responses to EEOC charges of discrimination, prepared memorandum to file. 8/29/2001 EAB Meeting with Mr. Gallop regarding response to EEOC CHarge of 1.50 225.00 discrimination and revised proposed, response. 8/30/2001 EAB Revised Chiefs response and city attorney's response to charge of 2.50 375.00 discrimination. 8/31/2001 EAB Telephone conference with Chief Watson, revised and finalized 5.00 750.00 documents for filing with EEOC. Total Professional Services 5,505.00 Discount: - 825.75 Rate Summary Eve A. Boutsis 35.20 hours at $150.00 /hr 5,280.00 Michael D. Spivack 1.50 hours of $150.00 /hr 225.00 Total hours: 3610 Expenses 8/28/2001 Federal express 8/29/2001 Outside copy job 11.96 512.22 Sub- total Expenses: 524.18 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 F Matter ID: 0022 -096 Statement No.: 10020 Page: 3 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments- Thank you 4,679.25 524.18 5,203.43 2,820.00 0.00 Total Due 8,023.43 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. b 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 September 1, 2001 Hakeem Oshikoya Matter ID: 0022 -097 Finance Director Equicredit v. Miranda City of South Miami 6130 Sunset Drive Statement No. 9937 City of South Miami, FL 33143 Hours Amount 8/10/2001 EAB, Analysis of Code Enforcement file, review of documents, including 0.30 45.00 orders of violation and liens; prepared short memorandum to file; telephone conference with Ms. Rosenthal, counsel for Equicredit. 8/13/2001 EAB Prepared letter to opposing counsel requesting -10 -day extension of 0.50 75.00 time as City dust received attachments to complaint; began drafting City's answer; analysis of mortgage and note held by plaintiff. 8/14/2001 EAB Prepared agreed order denying motion to dismiss (missing 0.20 30.00 documents) as moot, and granting 10 -day extension to file responsive pleading, 8/22/2001 REC Filed pleading. 0.25 5.00 Total Professional Services 155.00 Rate Summary Eve A. Boutsis 1.00 hours at $150.00 1hr 150.00 Rose E. Cadenhead 0.25 hours at $ 20.00 /hr 5.00 Total hours: 1.25 Expenses Mileage 7.00 Parking Charge 1.25 Sub -total Expenses: 8.25 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 -097 Statement No.: 9937 Page: 2 For Professional Services 155.00 For Disbursements Incurred 8.25 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 163.25 60.00 0.00 223.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at rate of 1.5% per month will be charged if payment is not received within 30 days. ll CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 August 31, 2001 Hakeem Oshikoya Matter ID: 0022 -098 Finance Director forfeiture of 1997 Ford F -150 City of South Miami 6130 Sunset Drive Statement No. 10015 City of South Miami, FL 33143 Hours Amount 8/8/2001 EAB Telephone conferences with AC Feldman and Detective Barrio 0.40 40.00 regarding new forfeiture action; received and analyzed police report, criminal histories of claimants, and registration, and prepared notice of seizure. 8/9/2001 EAB Meeting with Detectives Duran and Scott on the new forfeiture 1.00 100.00 matter. 8/17/2001 EAB Prepared initial draft of complaint, affidavit in support of probable 4.00 400.00 cause, motion for probable cause, initial interrogatories and production requests; analysis of police report and criminal history of claimant. 8/21/2001 EAB Telephone conference with and meeting with Officer Velez 0.30 30.00 regarding contents of his affidavit; and revised affidavit and analyzed evidence in this matter in preparation for possible pc hearing. 8/28/2001 EAB Telephone conference with Opposing Counsel and prepared two 0.60 60.00 letter to counsel: rejecting settlement offer; attempted to coordinate probable cause hearing and requested counsel to accept service of process on his client's behalf, telephone conference with AC Feldman regarding offer and counter offer; and finalized documents for filing and made minor editorial revisions to all pleadings. 8/28/2001 REC Filed complaint. 0.50 10.00 8/29/2001 EAB Telephone conference with opposing counsel in which he agreed to 0.30 30.00 accept service on behalf of his client, coordinated mutually acceptable hearing date; and prepared letter to judge requesting adversarial preliminary hearing. Total Professional Services 670.00 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 w ill be charged if payment is not received w ithin 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -098 Statement No.: 10015 Page: 2 Rate Summary Eve A. Boutsis 6.60 hours at $100.00 /hr 660.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 7.10 Expenses Filing fee 210.00 Mileage 3.00 Parking Charge 2.25 Sub -total Expenses: 215.25 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you 670.00 215.25 885.25 0.00 0.00 Total Due 885.25 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 % per month w ill be charged if payment is not received w ithin 30 days. "ate o u t7 "{ INCORPORATED 1927 0RX10 P Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission From: Charles D. Scurr City Manager Date: September 18, 2001 Re: Agenda Item # Special Use Approval 5714 Bird Rd. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD. APPLICANT'S REQUEST: The applicant is requesting a Special Use Approval to expand the use of the general restaurant, the "1909 Cafe ", at the above referenced location. The proposed area for expansion will be 600 square feet in addition to the existing 600 square feet, located at the ground floor, of an existing one -story building. It will occupy a total of 1,200 square feet, and will be a casual gourmet sandwich shop in a quaint atmosphere, offering soups, salads, i baked breads, and premium meats and cheeses. The restaurant serves approximately 200 -300 sandwiches per day, during the hours of operation from 8 :00 a.m. to 8:00 p.m. daily. SPECIAL CONDITIONS APPLICABLE: Section 20- 3.4(B)(4)(b) of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. In addition, special uses may also be required to comply with the additional requirements, which are set forth in this section. In the case of a general restaurant the following supplemental requirements are listed: i. All such establishments shall provide only inside or patio services on private property. Public streets, right -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No service of a drive -in or of a fast food nature shall be permitted. Special Use Approval 5714 Bird Rd. September 18, 2001 Page 2 of 3 iii. The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. STAFF ANALYSIS: The proposed use is located in the "GR" General Retail District. The existing restaurant may expand its operation as permitted with a Special Use Approval. The proposed use must meet the requirements for special uses contained under Section 20- 3.4(13)(4)(b) General Restaurant and Section 20 -5.8 Special Use Approval of the LDC. The expansion, with the new production line (large counter) will provide a faster and efficient take out service.. For deliveries and the trash collection, the applicant has a service door located at the back of the restaurant with access to the rear parking lot. All deliveries and trash collecting will take place by the back door. The parking requirement for a restaurant is 1 space for every 100 square feet; the 1,200 square foot expanded restaurant requires a total of 12 parking spaces. The existing shopping currently has a total of 103 parking spaces. Additionally, the City,; in conjunction with the shopping center's property owner (through the execution of a perpetual easement), is constructing approximately thirty -two (3 2) parking spaces at the rear of the property along 41 St Street, twenty- three (23) of which count towards the shopping center's parking requirements. Adding the total number of parking spaces in the parking lot ,(103) and the spaces on 41St Street (23), the total number of available parking spaces is one hundred and twenty six (126.) Including the expanded restaurant, the total number of required spaces for the all the existing uses in shopping center is one hundred and five (105) parking spaces.' Therefore, adequate parking is available for the expansion of the restaurant. The requested, special use complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the proposed use meets the conditional requirements set forth in Section 20- 5.8 in that the use: 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. The applicant needs approval from the outside agencies, such as the Miami -Dade Water and Sewer Department and the Miami -Dade County Fire Department. This application does not conflict with the Comprehensive Plan. PLANNING BOARD RECOMMENDATION: The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment with following conditions: (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Special Use Approval 5714 Bird Rd. September 18, 2001 Page 3 of 3 The motion to approve was made by Mr. Mann and seconded by Ms. Gibson. The motion was adopted by a vote of 7 ayes and 0 nays. RECOMMENDATION: It is recommended that the special use request be approved with conditions as recommended by the Planning Board, as specified above, and subject to the final execution by the City and the subject property owner, of the perpetual easement for the 41St Street parking area. Attachments: Draft Resolution Letter of intent/ application Letter in reference to lease agreement Property survey Site and floor plans Copies of Public notices Planning Board Minutes 8 -14 -01 911-1- CS /RGL /SAY D: (Comm ItemA200h9 -18- 0115214 Bird Rd Rest Report.doc n ,;, 1 2 RESOLUTION NO: 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST 5 PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND 6 DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO 7 LOCATE A GENERAL RESTAURANT "1909 CAFE -IN THE "GR" 8 GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY 9 LOCATED AT 5714 BIRD ROAD. 10 11 12 WHEREAS, the 1909 Caf6, Inc. has submitted an application for a special use to allow a general 13 restaurant to be located in the "GR" General Retail zoning use district specifically at 5214 Bird Rd; and 14 15 16 WHEREAS, a general restaurant is allowed as a special use in the "GR" General Retail zoning 17 use district subject to meeting certain conditions specified in the Land Development Code Section 20- 18 3.4(B)(4)(b) ;and 19 20 21 WHEREAS, the approval of a special use requires a recommendation from the Planning Board 22 and the approval of the City Commission after a public hearing and 23 24 25 WHEREAS, on August 14, 2001 the Planning Board, after public hearing, voted ° (7 -0 ) to 26 recommend approval with conditions 6f:the special use request; and 27 28 29 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 30 recommendation of the Planning Board. 31 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 34 THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 37 Section 1: That an application for special use to allow a general restaurant to allow a general restaurant to 38 be located in the "GR" General Retail zoning use district specifically at 5214 Bird Rd is hereby approved 39 subject to the following conditions: 40 41 1) that the trash be removed through the rear door and collected as frequently as necessary; 42 2) that the trash from the dumpsters be picked up twice a week; 43 3) that no overflowing dumpsters will be permitted. 44 4) final execution by the City and the subject property owner of the perpetual easement for the 45 41St Street parking area. 46 47 Section 2: This resolution shall be effective immediately after the adoption hereof. 48 49 1 2 3 (2) 4 5 PASSED AND ADOPTED this , day of , 2001. 6 7 9 ATTEST: APPROVED: 10 1l 12 CITY CLERK MAYOR 13 14 Commission Vote: 15 READ AND APPROVED AS TO FORM: Mayor Robaina:- 16 Vice Mayor Feliu 17 Commissioner Bethel: 18 Commissioner Russell 19 Commissioner Wiscombe: 20 CITY ATTORNEY 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1-1 City of South Miami Planning Board, 1909 Cafe Inc. at 5710 Bird Rd. graciously seeks your approval of our request for expansion. The cafe was granted its approval for "Special Use" as a restaurant a little over 5 years ago. During that time we have successfully out -grown our current (15'x40')600 sq. ft. location. As a result, we are attempting to expand our operations into 5714 Bird Rd. an adjacent space of (15'x40') 600 sq. ft. . 1909 Cafe is a gourmet sandwich shop offering soups, salads, and sandwiches. Our unique combination of flavored gourmet spreads, fresh baked breads, and premium meats & cheeses has made 1909 Cafe the best gourmet sandwich in town. Our client base consists of area professionals and families who seek a gourmet sandwich in a quaint cafe atmosphere. The Cafd operates from 8:00 am to 8:00pm. serving 200 -300 sandwiches per day in a 450 sq. ft. work area. The cafe is in desperate need of additional seating and production space. Our current location has 150 sq. ft. of bathroom space, ,180 sq. ft. of dining area, and 270 sq. ft. of work area. We wish to double all of these areas. As a result of our expansion, we will be increasing our ADA approved restrooms to 300 sq. ft. or 25 % of our leased space. The dining area will be expanded to approximately 350 sq. ft. or 30% of our leased space; and our work area will be 550 sq. ft. or 45% of leased space. The 1909 Cafe menu does not require a traditional kitchen with a;hood exhaust system. We operate mainly with a meat slicer, refrigerated sandwich stations, a convection oven, and an electric hot plate. Our customers enjoy the healthy fresh approach the menu offers. (See attached menu.) 1909's sales are derived 30 %from deliveries, 25 % from take -out, and 45% from dine -in. The fastest growing segment of our business is delivery. , As a result of the increasing demand for our sandwiches, 1909 seeks to expand. Our expansion plans include new larger ADA approved bathrooms, 5 two person tables inside, and a new production line. The new store layout will allow us to have our new production line dedicated to dine-in & take -out customers; while the existing production line caters to pick -up, delivery, and catering orders. The result is increased production capacity and improved customer service. The expansion project will allow 1909 to better serve its customer base by offering faster service and allow the business to grow. The expansion will force us to bring our bathrooms up to current ADA standards. As a result two new bathrooms will be built. The remaining expansion work will consist of flooring, paint, expanded electrical panel capacity, furnishings, refrigeration coolers, A/C cooling, new store -front, and lighting. The cafe has been a wonderful contributor to South Miami's dining choices. We are charitable contributors to area schools and recently sponsored South Miami's City trip to Atlanta for the awards presentation. 1909 Cafe is operated as a clean family restaurant. Unlike many fast food operations we pay our people well; all employee's make over $6.50 an hour. We currently have a staff of six full time, and our expansion will create 3 new full -time positions. 1909 is an exemplary business in South Miami. We humbly request that the City of South Miami Planning Board allow 1909 Cafe to continue its growth by unanimously approving our request for expansion. Sincerely, Mario Trevilla President- 1909 Cafe Inc. �_. - 79 St. Corporation c/o F. R. Batista- President 535 Vittorio Ave. Coral Gables, Fla. 33146 July 16, 2001 Dear City of South Miami Planning Board, As president of 79 St. Corporation I have authorized Mario Trevilla president of 1909 Cafe Inc to seek planning approval for a business expansion. 1909 Cafe Inc. currently occupies 5710 Bird Rd. and is looking to expand into 5714 Bird Rd.. 79 St. Corporation is eager to support 1909 Cafe Inc. in its endeavor to seek planning approval for their business expansion. We hope the City of South Miami is able to assist 1909 Cafe in realizing its expansion plans. Sincerely, /2 F.R. Batista- President 79 St. Corporation Ph. (305)'665 -8915 ,,...7;.. a. .� I.e. oe n` m.4° P curh lGud,br', `f ILLL -, yN� �Qw y� D : 1 O k' O fl b r i =L $t ,I 6 Y Wt i CQ y `� �� i a � �� y`� ,355;, '�"�f • •� � �±i � �jl }. ' Nw E f }�. � • 9 In , SS ,�-r � d � 5 . * i a b T � � + }sl`� ` d � � 3 •+� � i � � ( ���Yb t�: • ® 4 I,I � ,rib* �.. �. Yka go Ln • � 1 r �f � �' i8 � t 5 l S n O toy:\ i! s t .kP h : m: J.. Q +_ I - r7•o�"• �-�1'I TiJ. An).—A' //i!4 5$ (r�k. i - ^s y + a.P -—,-, H�.,Q' I.e. oe n` m.4° P curh lGud,br', `f ILLL -, yN� �Qw y� D : 1 O k' O fl b r i =L $t ,I 6 Y Wt i CQ y `� �� i a � �� y`� ,355;, '�"�f • •� � �±i � �jl }. ' Nw E f }�. � • 9 In , SS ,�-r � d � 5 . * i a b T � � + }sl`� ` d � � 3 •+� � i � � ( ���Yb t�: • ® 4 I,I � ,rib* �.. �. Yka go Ln • � 1 r �f � �' i8 � t 5 l S n O toy:\ i! s t .kP h : m: J.. Q +_ I - r7•o�"• �-�1'I TiJ. An).—A' //i!4 5$ (r�k. i E , The HerA1d ' _ SUNDAY, 'AUGUST 5, 2001 . CO URTESY,-SUMMARY NOTICE �■�, CITY MIAMI r ; .'s,6UTH . . Planning and Zoning Departmenf 6130 Sunset Drive, South Miami, Florida 33143 Phone: (305) 663 -6326; Fax: (305) 666 -4591 On Tuesday, August 14, 2001, at 7:311 P0,6 City of south Miami Planning Board. "f will conduct Public Hearings. in the City commission Chambers at the: above r address on the following'items , r AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI D FLOR A, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND) DEVELOPMENT CODE BY REVISING :SECTION 20 -2.3` ENTITLED'"DEFINITION9' ANDS; SECTION 20 (20) ENTITLED '.'MOBILE AUTOMOBILE•WASHMAX SERVICE" IN;ORDER ' _ -3.4 TO PROVIDE FOR= DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OFh, ; MOBILE CAR WASH ACTIVITIES;'PROVIDING FOR SEVERABILITY PROVIDING fOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. " 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 THE PERMITTED SIGN SCHEDULE CONTAINEDWITHIN SECTION 20- 4.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FORA FREE STANDING: MENU BOARD; PROVIDING.: FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. } RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH] MIAMI FLORIDA, RELATING T.0 A REQUEST•_PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT 'CODE ;FORA SPECIAL USE APPROVAL TO LOCATE A GENERAL"' RESTAURANT "1909 CAFE " = IN THE _`GR" GENERAL I RETAIL. ZONING USE DISTRICT;,,-, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. ` AN ORDINANCE OF THEMAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,?; FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND' DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED: "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7: ENTITLED "LIGHT INDUSTRIAL USE ", 'IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES-IR.', THE "TODD (LI -4)" TRANSIT' ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) 1 I ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.= AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH `MIA MI „` FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND ti DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED "PHYSICAL' BARRIERS- HEIGHT LIMITS” TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES' USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. For more, information regarding these applications or any matter, please call (305) ` j 663-6326. All interested parties are urged to- attend. Objections or expressions. of,. approval may be made in person at the hearing or filed in writing prior to or at-the hearing. The Planning Board reserves the right to recommend to the City, Commission whatever the board considers in the best interest for the area involved. interested ' parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any- person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a ; record of the proceedings, and for such "purpose 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 basedA`SMPT9 D5} _'_Refer to writa}�i aib y heri making any inquiry:. I MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that sheds the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING 8/14/01 PB -01 -012 APPLICANT: CITY OF SOUTH MIAMI, ETC. in XXXX Court, was published in said newspaper in the issues of 08/03/2001 Affiant further says that the said Miami Daily Business Review is a newspaper: published; at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has r e-, er p id nor promised any person, firm or corporation any iscount rebate; commission or refund for the purpose of 1 hi ave isomentior publication inthe said new p Sworn to and subscrib before me this 03 dayof AU - _� (SEAL) IANhI I LLr-KzllF SOOKIE WILLIAMS personally tYcco KmLIC'STATEOF FLORIDA MISSION NO. CC 912958 MISSION EXP . NE 712 S NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI' PLANNING AND ZONING DEPARTMENT 6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143 PHONE- (30S) 663.6326; FAX #: (30S) 666,4591 On Tuesday, August 14, 2001, at 7:30 P.M. the City of South Miami Planning Board will conduct Public Hearings In the City Commis- sion Chambers at the above address on the following Items: PB -01 -012 Applicant: , City of South Miami Request. .:.AN ORDINANCE OF THE MAYOR AND CITY COMMIS - -SION OF-THE-CiTY- OPSOUTH MIAMI; FLORIDA, RELATING-TO A RE- QUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOP - MENT CODE BY REVISING SECTION 20 -2,3 ENTITLED ''DEFINI- TTIONS" AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASHANAX'SERVICE" IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC. STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVID- ING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC- TIVE DATE. PB -01 -013 Applicant: Corporate Property Services (McDonald's Corporation) Request: - AN ORDINANCE OF THE MAYOR AND CITY COMMIS- SION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RE- QUEST TO AMEND THE CITY 'OF'SOUTH MIAMI. LAND DEVELOP - MENT CODE BYREVISING THE PERMITTED SIGN SCHEDULE CON - TAINED WITHIN SECTION 20.4.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM` ALLOWABLE' SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI- NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. PB -01 -014 Applicant: 1909 Cafe, Inc. Request: . RESOLUTION OF THE MAYOR AND CITY COMMIS- SION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A RE- QUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DE- VELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL', RESTAURANT 1909 CAFE" IN THE' "GR GENERAL RE- TAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE: PB -01. 017 Applicant: City of South Miami Request: " AN ORDINANCE OF THE MAYOR AND CITY :COMMIS- SION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY1 REVISING SECTION 20-2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKETECHNICAL CORRECTIONS THAT WOULD ALLOW THE CON - TINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE 'TODD (LI -4)" TRANSIT ORIENTED ' DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEV- ERABILITY; PROVIDING . FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. PB -01 -018' Applicant:,,, City of South Miami Request: f AN ORDINANCE OF THE MAYOR AND CITY COMMIS- SION OF THE CITY OF SOUTHMIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY 'REVISING SECTION 20.3.6(H)(2) ENTITLED "PHYSICAL BARRIORS- HEIGHT LIMITS "SO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. For more information regarding these applications or any matter, please call, (305) 663.6326 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or tiled in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writ- ing to the address indicated above. You are hereby advised that if any person desires to appeal any deci- sion made with respect any matter considered at this meeting or hear- ing, such person will need a record of the proceedings, and for such pur- pose 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 (F.S. 286.0105). Refer to hearing number when making any inquiry. 8/3 01- 3- 68/186022M ■ CITYOFSOUTHV11AM1 NOTICE OF PIIB NGS NOTICE IS HEREBY gniert that the Ctty Commissron Gtly of wtT tx>nduct Putillc Hearings at its regular City Commisstat tiled meeting sche forT" 18,2001 beginning at 7:30 p.m., to the Cit c4inmiWon Chambers, 6t30 Suns t Dn e, fo cor der the thlla+tii AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OIF CfIY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITYOF SOUTH MIAMI LAND DEVELOPMENT CODE BY AEVISING . ., SECTION 20.3.3(D) ENTITLED °PERMITTED'USE SCHEDULE° SECTION, 203.4 (B),(5) -, ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION20.3.4 (l3)(20) ENTITLED °MOBILE AUTOMOBILE WASHIWAX SERVICE" IN ORDERTO PAOVIDETHE LOCATIONS AND SPECIFIC 1. STANDARDS FOR DIFFERENT TYPES `OF CAR WASH, ACTIVITIES PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT •AND PROVIDING AN EFFECTIVE DATE. A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI, ff FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20.4.3(1)(5) IN ORDER TO, INCREASE JHE MAXIMUM ALLOWABLE SIZE" FOR "A FREESTANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY'COMMISSION OF THE CITY OF SOUTH MIAMI,' RELATING TO A REQUEST PURSUANT .TO SECTION 20- 3(B)(4)(b) OF THE LAND ? DEVELOPMENT CODE FOR A SPECIAL- USE APPROVAL TO LOCATE A GENERAL ,RESTAURANT. "1909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE. DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD. y , AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND 1 DEVELOPMENT CODE BY CHANGING THE ZONING USE` DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE DISTRICT TO ,"17ODD;(MU -5) ". TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. PROVIDING FOR SEVERABILITY; F PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, a FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20.8.9(8) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE `TODD (MU -5) ', TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE ATOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT -SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY' DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOR AN EFFECTIVE DATE. {{ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20.2.3 ENTITLED 'PERMITTED USE SCHEDULE ", SECTION 20 -8.5 r ENTITLED "COMMERCIAL USE", AND SECTION 20-8.7 ENTITLED "LIGHT INDUSTRIAL USE". IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "T0DD- (L1.4)" TRANSIT ORIENTED DEVELOPMENT- DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR p SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;' AND PROVIDING AN . EFFECTIVE DATE, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, y FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING , p SECTION 20.3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES 3a USED AS FENCING, SCREENING OR LANDSCAPING, PROVIDING FOR AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY;; PROVIDING FOR ORDINANCES IN CONFLICT; AND M PROVIDING AN EFFECTIVE DATE. - Said ordinance can be inspected at 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: m ALL interested parties are invited to attend and will be heard. RonettaTaylor, CMC City Clerk o 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 Canmission with respect to any matter considered at is meeting or hear ng, he or she w ll need a record of the procee IJings, ar d that for such purpose, the affected person mmaad� need to ensure that a verbatim record of the proceedings is made which record includes the testimony an d evidence upon which the appealis to be based. j —�;�., - •"- �t:..�- ;..,�,., �, ., cam;- .�,r- ��- s rs- MM M . CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14, 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 7:37 P.M. Action: The Pledge of Allegiance was recited in unison, II. Roll Call. Action: Mr. Morton performed roll call. Ms. Brenda J. Yates was sworn in as a new Planning Board member. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -012 APPLICANT: City of South Miami 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 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow the existing permitted use to be located in several of the office and commercial zoning districts, and in the SR Specialty Retail "Hometown" zoning district. Planning Board: Meeting August 14, 2001 Speakers (Residents): David Tucker, Sr., Douglas Adams and George David. The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance. Several concerns were raised by the Board , and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns: running soapy water out of the establishments and down the streets; the impact on stormwater facilities resulting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100 - 200 ft); the operational hours and days; introduction of transient population into the neighborhood; the noise originated by the air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The Board questioned whether the ordinance could self - destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible amendments to the proposed- ordinance (with regard to the mobile vendors), which included hours of operation from 9:00 AM to 5 :00 PM twice a week including Saturdays; Sundays prohibited; a clause to clarify that the provisions of this ordinance would not apply to residential areas, however, car wash operations only be for the benefit of the occupant of the property. Motion: Mr. Morton moved to defer the request in order for staff to rework on the proposed ordinance as per the discussions and suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) 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 THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq. ft. to 44 sq. Ft. Staff noted that the proposed 2 Planning Board Meeting August 14, 2001 changes will have a citywide impact. Staff clarified that the existing 7.5 feet in height would not change. Applicant present: David J. Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers.. The speakers also questioned the possibility of additional increase in the size of the sign in the future. The applicant explained the importance of this ordinance which will allow them to introduce an improved type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new ;sign will greatly improve communication in processing the drive -thru orders, reducing the need for the use of the loud speaker, and making the entire process much more effective. Motion: Mr. Mann moved for approval of the request and Ms. Yates seconded the motion: Vote: Ayes 5 Nays 2- (Mr. Mann and Mr. Illas) PB -01 -014 APPLICANT: 1909 Cafe, Inc. REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mi. Mann read the request into the record and staff presented the item relating to a request pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code for a Special Use approval to locate a general restaurant "1909 Cafe" in the "GR" General Retail Zoning Use District. The above - referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces and trash collection. The applicant emphasized that the restaurant strictly serves cold sandwiches with no 'cooking involved, therefore the trash' generated from the establishment mainly consists of disposable dinnerware. 3 Planning Board Meeting August 14, 2001 Motion: Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms. Gibson seconded the motion. Voter Ayes 7 Nays 0 PB -01 -017 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 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE' AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL4) ZONING DISTRICT PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami Land Development Code (LDC) in order to make technical corrections that would allow the continuation of existing permitted industrial uses in the "TODD- (LI -4)" Transit Oriented Development District (Light Industrial =4). With the adoption of an amendment to the LDC in 1997 which established a new zoning district (TODD), a number of light industrial_ uses were eliminated from locating in any zoning district within the City. Staff noted that the City Commission by Resolution No. 105-01 - 11253 dated July 24, 200 1, requested the Planning Board to consider amending the LDC in order to reinstate the light industrial uses as permitted uses in the TODD (LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same recommendation as proposed by staff. Speaker: David Tucker, Sr. The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below) recommended for reinstatement, specifically those that use chemicals. 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 Radio and television repair shop Automobile repair and body shop Re- upholstery and furniture repair services Automobile upholstery and top shop ` Taxidermist 2 Planning Board Meeting August 14,2001' Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet cleaning service Contractor plant and storage Lawn maintenance services Motion: Mr. Comendeiro moved approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Illas requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the original motion to approve the staff s recommendation. Vote: Ayes 4 Nays -3 (Mr.. Liddy, Mr. Mann and Mr. Illas). PB-01 -018 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 OF THE CITY OF SOUTH MIAMI' LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED "PHYSICAL BARRIERS HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES ' IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Liddy read the request into the record and staff presented the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing g for ornamental vegetation to extend over six (6) feet in height above grade in any required yard. The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing-the hedges to grow to an unlimited height, specifically along the front line of the property. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker: David Tucker, Sr. Motion: Mr. Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2) no limit on the height of the hedges for the rear and the sides of the property.' Mr. Illas seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Liddy) Planning Board Meeting August 14, 2001 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of July 10, 2001. Voter Ayes 7 Nays 0 VI. Discussion Items The Chairman announced that the next Plannina Board meetings are scheduled for August 28th and September I Ith, 2001. Staff noted that the September l Ith meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25`h is the tentative date; for the joint Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission. VII. Adjournment Action: There beina no 'further business before the Board, Mr. Morton adjourned the meeting at approximately 10.25 PM. R L/mmm K:\PB\PB Mi6utesC2001 Minutes` riNS 08- 14- Ol.doc 6 M W�� i Zz —°o S. Qm UI i. 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X mm N A OZ O ttj 0� D � ym m �'°Kgc4g „e- ,n�.:;,.,� � >, ti .;.., .- -�'_�. ,..,,- ^a -v�"" .--^"`-;-- �:�- „--- �.�,..- .- r- �-- �t.i,;., :.,,, _ .-;fir ,s.�, e,�, -�- ,�r-•• ��5'�� -,- Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor And City Commission From: Charles D. Scurr City Manager Date: September 18, 2001 fcooRe: Agenda Item #/ Special Exception Approval Large Scale Project in TODD Shoal Creek Properties Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ",TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15 LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. SUMMARY OF REQUEST The applicant, Shoal Creek Properties, is requesting approval to construct a large scale development on property in a TODD zoning district. The site is a 2.81 acre property as legally described above. The proposed development consists of a six story residential apartment building with 294 dwelling units and 6,812 square !feet of commercial space. In addition to the large scale development use approval the applicant is also requesting two special exceptions to modify regulations pertaining to parking spaces and building setback. A separate application requesting a rezoning to the TODD (MU -5) district addressed how the proposed development responds to the standards (density, site plan, design) in the Code. APPLICABLE REGULATIONS A special exception section in the TODD regulations (Sec.20 -8.9) requires that any new development built in the zoning district which exceeds 40,000 square feet must be reviewed by the Planning Board and I LDC Special Exception Shoal Creek Properties September 18 2001 Page 2 of 3 City Commission using the special use approval process. The special exception application procedure also allows for consideration of modifications (exceptions) to the standards specified in the TODD district. REQUESTED SPECIAL EXCEPTIONS Required parking special exception. The applicant is providing 550 total parking spaces, which includes 526 spaces in an attached six story garage, and 24 spaces located on street. The current TODD district parking requirement for this project (including a bonus reduction for providing arcade space), is 585 spaces. The applicant is requesting that a modification to allow for 550 spaces to be approved, or a variance 'of 35 spaces or 6 percent. It is important to note that under previous regulations, developments within 1,500 feet of the MetroRail Station were able to reduce required parking by up to fifty percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities. While the City has been in the process of examining and modifying this provision of the LDC, it is clear that the proposed development is the type of transit oriented facility envisaged by the Metrorail parking provisions, and that a credit for proximity to Metrorail is appropriate. Previous credit could have been up to 50 percent; the request here is for only 6 percent, which we believe is fully justified. Note also that the City's Zoning Task Force is recommending that parking requirements for each type of multifamily dwelling unit in the TODD district should be reduced in order to reflect close access to and potential utilization of the Metro -Rail. The revision, reducing the parking requirement for efficiency and' one bedroom units to one space, is the same adjustment also recommended for the Hometown zoning, district. If that reduction was in effect, the developer in this case would be required to provide a total of 519 parking spaces for residential and commercial uses, which is less than the amount being proposed. It'' would appear that modification request of the applicant is reasonable and should be supported. Building Setback at Fifth and Sixth Floors: The applicant is requesting a waiver of the current TODD. Regulating plan provision requiring a 20' set back for the upper levels of any building, 5t" floor level and above. This is done for design and visual compatibility purposes, and is very appropriate for high rise buildings. The applicant has stated that this setback seriously impacts residential construction which' utilizes vertical chases for utility lines and connections. In that the height of the applicant's building has; been limited to 6 stories, the request for the setback waiver is supportable PLANNING BOARD RECOMMENDATION The Planning Board at its August 28 2001 meeting adopted a motion recommending approval of the special exception application. The motion to approve was made by Mr. Comendeiro and seconded by Ms. Yates. The motion was adopted by a vote of 4 ayes and I nay (Mr. Liddy). RECOMMENDATION It is recommended that the application requesting special exception approval: 1) to construct a large scale development: t use in a TODD district; 2) to allow a total of 550 required parking spaces and 3) to waive the 20' building line setback at the 5"' and 6th floors; be approved. LDC Special Exception Shoal Creek Properties September 18, 2001 Page 3 of 3 Attachments: Proposed Resolution Application Letter of Intent Location map Copies of Public Notices Citizen Comment Letter (1) Planning Board Minutes 8 -28 -01 CS /RGL /SAY D: \Comm Items\200 1\9-18-0 1 \Special Excep Shoal Creek Report.doc I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST 6 PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT 7 CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A 8 LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ", 9 TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); 10 (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL 11 OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT 12 SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE 13 BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE 14 FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY 15 LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, 16 LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED 17 ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH 18 PLACE, ON THE NORTH BY SW 69TH STREET, AND ON THE WEST 19 BY SW 61ST AVENUE. 20 21 22 WHEREAS, Application No. PB -00 -016 was submitted to the Planning and Zoning 23 Department by Shoal Creek Properties L.L.C., said application requesting approval to construct a 24 large scale development on property in a TODD zoning district and two special exceptions to 25 modify regulations pertaining to parking spaces and building setback for property legally described 26 as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded on the south 27 by S.W.. 70t1i Street, on the east by S.W. 59t" Place, on the north by S.W. 69th Street, and on the 28 west by S.W. 61St Avenue 29 30 WHEREAS, the purpose of the special exception request is to permit the development 31 of a six story residential apartment building with 294 dwelling units and 6,812 square feet of 32 commercial space on a site with 122,610 square feet; and 33 34 WHEREAS, the proposed development is located in a "TODD (MU -5) ", Transit 35 Oriented Development District (Mixed -Use 5) Use District; and Land Development Code Section 36 20- 8.9(B) requires that any project on a site larger than 40,000 square feet in a TODD zoning 37 district is considered a large scale development and must be reviewed by the Planning Board /City 38 Commission via the special use permit process; and 39 40 WHEREAS, the special exception application procedure also allows for 41 consideration of modifications (exceptions) to the standards specified in the TODD district; 42 and 43 44 WHEREAS, the applicant is requesting the following special exceptions: (l) provide 45 550 required parking spaces where a total of 585 spaces are required; (2) maintain a 0 (zero) front 46 setback for the fifth and sixth floors of the building where a 20 (twenty) foot setback from the face 47 of the building is required; and 48 49 WHEREAS, after review and consideration, the Planning and Zoning 50 Department recommended approval of the application; and 51 52 53 I 2 (2) 3 4 WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed 5 special exception application , the Planning Board recommended approval by a vote of (4 -1); 6 and 7 8 WHEREAS, the City Commission desires to accept the recommendation of the 9 Planning Board and enact the aforesaid amendment. 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 12 COMMISSION OF THE' CITY OF SOUTH MIAMI, FLORIDA: 13 14 Section 1. That the subject application submitted by Shoal Creek Properties L.L.C., requesting 15 approval to construct a large scale development on property in a TODD zoning district and legally 16 described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, said site being bounded 17 on the south by S.W.. 70th Street, on the east by S.W. 59th Place, on the north by S.W. 69th Street, 18 and on the west by S.W. 61St Avenue, is hereby approved. 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. That special exception requests to (1) provide 550 required parking spaces where a total of 585 spaces are required; and (2)to maintain a 0 (zero) front setback for the fifth and sixth floors of the building where a 20 (twenty) foot setback from the face of the building is required; all for the above described project are hereby approved. Section 3 This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of , 2001. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY u El • Commission Vote: Mayor Robaina: Vice Mayor Feliu Commissioner Bethel: Commissioner Russell Commissioner Wiscombe: ,,,,. 4 City of South Miami: Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 - 6326; Fax: (305) 6664591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: S.W. 70!n Street & 61 Ave. Lot(s) 1 -25 Block 15 Subdivision Larkin Townsite PB 2-105 Meets & Bounds: See Attached Exhibit "A" Applicant: Shoal Creek Properties, LLC Phone: (305) 859 -8420 Representative: Joseph G. Goldstein, Esq. Organization: Akerman, Senterfitt & Edison, P.A. Address: One S.E. 3rd Street, 28th Fl. Phone: (305) 755 -5855 Miami, Florida 33133 Property Owner: See Attached Exhibit "B° Signature: Mailing Address: 2665 S. Bayshore Drive, 702 Phone: (305) 859 -8420 Coconut Grove, Fl. 33133 Architect/Engineer: Mouriz, Salazar & Assoc, Inc. Phone: (305) 273 -9911 Miami, Florida 33156 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: X 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 X Letter of intent V X Zoning Map Amendment _Special Use X Justifications for change t/ _ PUD'Approval _Special Exception _Statement of hardship _ PUD Major Change _Other X Proof of ownership or lVer from owner _ Power of attorney Briefly explain application and cite specific Code sections: X Contract to purchase v X Current survey (I original sealed and V Zoning Amendment from Medium Intesity Office (MO) to Transit- Oriented Development District (TODD) Mu -5 Designation. signed /1 reduced copy @ 11" x 17') X 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" X 20% Property owner signatures' Section: 20 Subsection: 5_7 Page #: 110 Amended Date: April 2000 X Mailing labels 3 sets V 9 ( )and map X Required Fee(s) e un ersigned has this completed application and represents that the information and all submitted materials are true and correct o the best f plicant's knowledge qnd belief. Ut A- July 13 2001 • licant's Signature and title Date �•�,�. 1%f•%s /�/l �, Upon receipt, appplications and all submitted materials will be reviewed for compliance with the Land Development Code an ther 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 U Method of Payment 8/2/00 MW AKERMAN SENTERFITT ATTORNEYS AT LAW SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE, 2sTH FLOOR MIAMI, FLORIDA 33131-1714 PHONE (305) 374 -5600 • FAX (305) 374 -5095 bttp://www.akerman.com Joseph G. Goldstein (305) 755 -5855 www Jgoldstein @akerman.com VIA HAND DELIVERY AND FAX Mr. Richard Lorber Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: August 13, 2001 Shoal Creek Properties, L.L.C. ( "Shoal Creek') / First Amendment to Letter of Intent and Filing of Application to Transit - Oriented Development District (TODD) MU -5 and Request for Special Exception Approval Dear Mr. Lorber: This constitutes the first amendment and supplement to the letter of intent of Shoal Creek, which was filed in conjunction with the filing of applications to rezone the 2.8 net acre vacant and generally unimproved property located at the northwest comer formed by the intersection of S.W. 59" Place and S.W. 70`h Street, which is legally described in Exhibit A of the previously filed application (the "Property"), from MO to TODD MU -5 and seeking an associated Special Exception approval as required pursuant to section 20 -8.9 of the City of South Miami ` (the "City") Land Development Code. Shoal Creek's requests arise in light of the its plans to develop a 294 dwelling unit multi - family apartment building at an floor area ratio of 2.53. It should be noted that revised plans have already been submitted to the City under separate cover. These revised plans differ from those originally submitted in several favorable respects: 1. The total number of dwelling units has been reduced from 314, as proposed on the originally submitted plans, to 294 on these plans. 2. The height of the structure has been clarified on the plans to reflect the height to the top of the roof (58f feet) and to the top of parapet (62f feet). f MI679267 ;3 } AKERMAN, SENTERFITT & EIDSON, P.A. FORT LAUDERDALE JACKSONVILLE ORLANDO TALLAHASSEE TAMPA WEST PALM BEACH Mr. Richard Lorber 8/13/01 Page 2 3. Notwithstanding that there is no floor area ratio requirement in the TODD district regulations, an FAR of 2.53 is reflected on these plans, which is a reduction from the 2.55 FAR proposed on the original plans. 4. The commercial/office space proposed, including arcade area, is 9,409± square feet. 5. The proposed construction materials are shown on drawings A -5 through A-7. 6. A landscape plan has been provided as sheet L -1 within the submittal package. 7. The 5 foot right of way dedications along S.W. 61St Avenue, S.W.69th Street, and S.W. 59' Place are shown' on the plans. 8. The garage element, which may accessed at three locations (in the center and at each end), has been clarified by showing the ,gate and card reader as fixed elements, the ramp elevation, and handicapped accessible spaces. We maintain the garage in the originally proposed' location in order to ensure the ultimate functionality of the units, proximity to commercial/office uses, and preserving the most recreational amenities, while attempting to keep the garage elevation as residential in appearance in order for it to be compatible with nearby residential uses. 9. Trash recepticais and chutes are common in such structures. Containers will be wheeled out at time of pickup. 10. The continuous sidewalk is shown on sheets A -1 and L -1. The separation between the units and sidewalk are shown on sheets L -1 and A -7. Courtyard areas are shown on sheet L -1. 11. To the extent appropriate at the time of development, tree removal permit applications will be provided to and processed with all agencies with jurisdiction over the project. Two elements of the plan bear additional discussion. Based on certain interpretations of City Land Development Code requirements, without bonus reductions based on multiple uses, the project is required to contain 585 parking spaces, while the plans reflect that 550 are provided.' In addition, while the City's TODD regulations do not specify setback requirements, the Regulating Plan (which does not include the subject property) contained in section 20 -8.17 of It should be noted that the TODD district regulations provide for a 20 % reduction from on -site parking requirements where more than three uses are located within the site. It is the opinion of Shoal Creek that more than " three uses are proposed within the project, to wit: multi - family residential, numerous office uses, storefront retail uses, convenience facilities and others. However, the City staff has opined that this project does not qualify for.this bonus. Shoal Creek is proceeding with this request to have the City acknowledge that the bonus is available for it to use, but is also requesting a special exception as suggested by the City staff without waiving its claim that this bonus is available for its use. (M1679267;3) Mr. Richard Lorber 8/13/01 Page 3 the City Code alludes to the fact that uses above four stories may be required to have their facades setback 20 feet from the front face of the building and buildings should be setback 20 feet from the rear property line. In fact, the fifth and sixth floors of the proposed structure do not setback. Moreover, the project is designed such that it occupies an entire City block and treats each side as a building front. Instead, the building's design has provided significant variations in its dimensions along the horizontal line instead of the vertical elements on all sides, which privides a greater sense of pedestrian scale at the street level. City staff has indicated that the special exception being sought for this project can address the parking and setback related matters. As noted, it is unclear whether the Code actually imposes a setback within the TODD district being requested. Moreover, the parking requested will more than adequately serve the proposed project, in light of the proximity of the property to the South Miami MetroRail Station.' However, the special exception section cited does recognize that a special exception is required if there is no setback provided from the property line. Therefore, we are requesting this special exception in an abundance of caution This application requested the rezoning of the Property and approval of a special exception. Please note that Section 20 -8.9 of the City's Land Development Code requires that the special exception be processed through the Planning Board as if it were a Special Use Permit application. We believe that a "Special Use Permit is not required, but rather that the process must merely be followed in order to obtain Special Exception approval. Please note that this letter is a supplement to the original letter of intent provided with the applications for rezoning and special exception in this matter. All of that letter and the justifications in support of the application contained therein are incorporated here by reference. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for rezoning of the Property to TODD MU -5 and the approval of the requested special exception. We stand ready to address' any of y comments and concerns. Sincere , cc: Mr. Michael Getz Mr. J.W. Harris Ines Marrero- Priegues,'Esq. z Please note that section 20- 4.4(H) of the City Land Development Code authorizes a reduction of up to 50 percent of required parking for projects within 1500 feet of MetroRail. This project is well within that radius and is seeking a mere 5.98% reduction from its required parking. However, the City advises that the Special Exception referenced in section 20 -8.9 of the City Land Development Code is the appropriate vehicle for seeking approval of the necessary reduction. Therefore, we will not seek this special parking permit at this time, though reserve the right to do so at a later date. Still, the proximity of the Property to the MetroRail Station clearly supports a reduction of the required parking. {M1679267;3) SUBJECT PROPERTY 4TH GT I N 100 0 100 200 300 400 500 600 700 800 900 1000 Feet _ — — _ W E S MIAMI DAILY BUSINESS REVIE Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who onoath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING AUG. 28, 2001 - PB -01- 015 & PB -01 -016 in the XXXX Court, was published in said newspaper in the issues of 08/17/2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously, published in said Miami -.Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this ad rtiseme r pu ication in the said newspaper. el S om to a subscribed' or ethis 1 d of U A. 00 (SEAL) O.V. FERBEYRE per ' na bgown to mer.,FIA r f,> SA i f:IY CG ur , �;CIJ # CC 635640 o- EXPIRES: klarch 4, 2004 Bonded Thru notary Public underwntoro ar S �y( NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department W 6130 Sunset Drive; South Miami, Florida 33143 -7 Phone: (305) 663 -6326; Fax #: (305) 666 -4591 On Tuesday, August 28 2001, at 7:30 P.M. the City of South Miami Planning Board will conduct Public Hearings in the City Commission Chambers at the above address on the following items: i PB -01 -015 Applicant: Shoat Creek Properties L.L.C. j Request:. AN ORDINANCE OF THE MAYOR AND CITY COM- MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, i RELATING TO A REQUEST TO AMEND THE OFFI- CIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE ZONING USE DISTRICT. FROM THE 'MO', MEDIUM- INTENSITY OFFICE DISTRICT TO ' TODD( MU =5)', TRANSIT ORIENTED DEVELOP- MENT DISTRICT (MIXED USE 5) FOR PROPERTY LE- GALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR ORDINANCES IN CON - FLICT; AND PROVIDING AN EFFECTIVE DATE, PB -01 -016 Applicant: Shoal Creek Properties L.L.C. Request: A RESOLUTION OF. THE 'MAYOR AND CITY COMMIS- SION OF THE CITY OF SOUTH MIAMI, FLORIDA, RE- LATING'TO A' REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1)'LOCATE' A LARGE SCALE DEVELOPMENT USE IN THE'TODD 1. (MU -5)', TRANSITI, ORIENTED DEVELOPMENT DIS- TRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED ' PARKING SPACES WHERE A TOTAL OF 585 SPAC- ES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH'. FLOORS OF THE BUILDING WHERE A 20 (TWENTY)' FOOT SETBACK FROM THE FACE OF THE BUILD- ING: IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BE ING 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 61 ST AVENUE; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR ORDINANCES IN CON FLICT; AND PROVIDING AN EFFECTIVE DATE. For more information regarding these applications or any matter, please call (305) 663 -6326 Al interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing priorto or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved; Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writ- ing to the address indicated above.' You are hereby advised that if any person desires to appeal any deci- . sion madq, with respect to any matter considered at this meeting or hear- ing, such person will need a record of the proceedings, and for such pur- pose map need to ensure that a verbatim record of the proceedings is i made _ -�hich record includes the testimony and evidence upon which the appeal` is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry: 8/17 01- 3- 73/189942M = COURTESY SUMMARY NOTICE "..CITY, OF.SOUTH MIAMI it Planning and Zonmg Department 6130 Sunset Drive, South Mlamf;'Florida 33143 Phone: (305) 663 -6326, Fax #: (305) 6664591 On Tuesday August 28 2001, at 7.30 P.M. the City of South Miami Planning Board will conduct Public Hearings In the City Commission Chambers at the above address on the following' ltems:. . AN ORDINANCE OF.THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA; RELATING TO A REQUESTTO AMEND THE OFFICIAL ZONING MAP OFTHE_CR)(' ". OF SOUTH MIAMI BY CHANGING THE ZONING.USE DISTRICT FROM THE 'MO'; MEDIUM-.' INTENSITY OFFICE DISTRICT TO'TODD(MU -5)', TRANSIT ORIENTED. DEVELOPMENT: DISTRICT (MIXED USED 5) FOR.PROPERTY LEGALLY DESCRIBED As LOTS v'THHOUGH" 25, BLOCK 15, LARKINSTOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED-ON THE SOUTH BY S.W. 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BYSW' 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; PROVIDING FOR SEVERABILrry- PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY -OF SOUTH-MIAMI;, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION. 20-8.9(8) QF,THE -LAND DEVELOPMENT;CODE FOR A SPECIAL EXCEPTION APPROVAL (1){OCATE A LARGE SCALE DEVELOPMENT USE IN THE' TODD'( MU =5) ", TRANSIT.;ORIENTED DEVELOPMENT_ DISTRICT (MIXED USE 5):(2) PROVIDE.550 REQUIRED PARKING SPACES.WHERE.ATOTAC OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A,0 (ZERO) FRONT` SETBACK. FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT. SETBACK' FROM THE FACE OF THE BUILDING'S REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINSTOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOR;SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.. For more information regarding these applications or any matter, please call (305) 663.6326. All interested parties are urged to attend, Objections or. expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommended to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing,, such person will need a. record of the proceedings, and for such purpose 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 (F.S.2N.0105). CITY OF SOUTH MIAMI NOTICE OF PUBLIC-HEARINGS NOTICE IS HEREBY given that the City Commission of the City of Swtl1 Miarru, Florida will conduct Public Hearings at regular City Commission meeting scheduled for Tues* September 18, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to ' rudder the following: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20.3.3(D) ENTITLED "PERMITTED USE SCHEDULE'. SECTION 20-3.4 (B) (5) ENTITLED °GASOLINE SERVICE STATIONS AND SECTION 20.3.4 (5)(20) ENTITLED "MOBILE AUTOMOBILE WASHNVAXSERVICE" IN ORDER TO PROVIDE THE LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES.' PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT' AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 204.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES' IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL. USE APPROVAL TO LOCATE 'A GENERAL RESTAURANT "1909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO", MEDIUM - INTENSITY OFFICE DISTRICT TO 'TODD (MU-5)'. TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1; THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. PROVIDING FOR SEVERABILTTY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' RELATING TO A REQUEST PURSUANT TO SECTION 20.8.9(8) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE 'TODD (MU -5 },TRANSIT ORIENTED DEVELOPMENT OISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE ATOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) `FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOR AN EFFECTIVE DATE,' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE, SECTION 20 -8.5 ENTITLED'COMMERCIAL USE", AND SECTION 20-8.7 ENTITLED LIGHT INDUSTRIAL USE. IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOWTHE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD- (Lf -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL-4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20.3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Said ordinance can be inspected at 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 and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Slatules 286.0105, the City hereby advises the public that it a person deodes to appeal any decision made try this Board, Agency or Commission wit respect to any matter considered at its meeting or hearng, he or she will a record of the proceedings, and Nat for such purpose, the affeC,ed person mar need to ensure that a \efbatim record of the probeedirgs is made which record includes the test", and evidence upon which the appea is to be based. 11 n --r 2 C CA rA 0 n -c M .II rM m 3 m 0 0 R JJ SOUTH MIAMI HOMEOWNERS ASSOCIATION August 22, 2001 South Miami Planning Board Richard Lorber City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Planning Board, This letter concerns a request for a special exception approval for property legally described as lots 1 through 25, block 15, Larkins townsite subdivision to provide 550 regt ±irec parking saaces where a total of 585 spaces are required; and maintain a 0 (zero) front se'Lback for the fifth and sixth' floors of the building where a 20 (twenty) foot setback from the face of the building is required. Both requested exceptions raise concern. It appears that the exceptions being prcpoced are based on what the developer wants to provide rather than on what was previously determined in the TODD regulations to be good practice. It is also disturbing that the Zoning Task Force is recommending changes in the TODD regulations to placate this developer. Planning Board and Zoning Task Force, please explain yourHc.ior +s! While it is .understood that the city government is desperate to get this project done to supply funding for the Community Redevelopment Agency(CRA), the quality of the development and the physical environment of the area should not be compromised. The proposed building will be here for a long time - much longer than the CRA. We request that best practices and guidelines be maintained to ensure the long-term success of the area. Sincerely, Francis Meltzer (President) SMHA, P.O. Box 432756, South Miami, FL 33143 DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 28, 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 7:38 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. Morton, Mr. Juan Comendeiro and Ms. Yates: , Board members absent: Mr. Illas and Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Gremaf Reyes (Video Technician) ` and Maria M. Menendez (Board Secretary).` 1II. Public Hearings PB =01 -015 APPLICANT: -'Shoal Creek Properties L.L.C. Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO", MEDIUM- INTENSITY OFFICE DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH ,25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. - �­ = Planning Board Meeting August 28, 2001 Page 2 of 5 Action: Mr. Liddy read the item into the record. Mr. Morton explained that both items pertaining to Shoal Creek Properties were interelated, therefore they would be discussed simultaneously and will be voting on them separately. Mr. Lorber presented a summary of the request for the rezoning of the above - described property, from "MO" Medium- Intensity Office Use District, to the proposed zoning, the "TODD (MU -5)," Transit Oriented Development District (Mixed -Use 5) Use District. A Comprehensive Plan, Future Land Map Amendment for this project received a Planning Board recommendation of approval at its July 10, 2001 meeting and subsequently went before the City Commission where it received first reading approval at its July 24, 2001 meeting. The applicant is constructing a residential building with limited commercial uses on the ground floor facing SW 59th Place. Applicants: Ines Marrero - Priegues, Esq., James Harris, Michael Getz, (Shoal Creek Properties). Mark Pollack, Rob Curtis, Ed Llorca Ms. Marrero opened the presentation summarizing the proposal, and Mr. Curtis conducted a visual presentation. Inquiries and concerns of the Board included, but were not limited to: whether access to the garage from SW 69th Street is the best location; the Board did not feel that the three- foot setback for the garage was reflected on the site plan; how the commercial section will be serviced; types of amenities; types of retail price range of residential units; per -unit occupancy; and whether or not the proposed Mediterranean design; of the building would blend in with the rest of the City. Mr. Harris stated that SW 691h Street would be the most preferable access to the garage because it is closer to the retail spaces. The applicant explained and reaffirmed to the Board that the three -foot setback for the garage has been stipulated in the revised plan. The commercial areaa will be serviced after hours. As for the exterior design of the building it is required that the applicant bring the request to the Environmental Review & Preservation Board (ERPB). The rental cost of the units will range between $800 41,800. Ms. Marrero responded to a question on occupancy per unit that the owner will need to comply with current HUD guidelines. Speakers (residents): Cal Rosenbaum, 6101 Sunset PI Yvonne Beckman, South Miami Homeowners' Assoc; Craig Sherar Michele Hebert, 7000 SW 60 Ct Walter Harris, 7100 SW 60 Ct Michael Miller, 6796 SW 62 "d St Dean Witman, 6259 SW 70th St David Tucker, Sr., 2556 SW 78 th Ter Planning Board Meeting August 28 2001 Page 3 of 5 Bexie Schwartz 6931 SW 62 "d Ct Roxanne Scalia, 6925 SW 63`d Ct Catherine Goe 6241 SW SW 68th Street, 4210 David Landoe 6926 SW 62 °a Ct Al Elias, 7150 SW 62 "a Ave Greg Oravec, CRA Director Concerns expressed by those speakers against the proposal, included but were not limited to: increase in traffic congestion; security; insufficient parking spaces; school crowding; loosing the green space; price range of rentals might be too high; management; size of building; appropriate dumpsters location. Those speakers in favor of the proposal believed that such project will help revitalize the area. Motion: Mr. Comendeiro moved for approval of the request and Ms. Yates seconded the motion with the following conditions: (1) the applicant shall provide a minimum three - foot setback between the garage (north side) and the sidewalk; (2) applicant to redesign the proposed streetscape elements in order to conform to the Community Redevelopment Area Streetscape Plans for the area; (3) entrance to the parking garage should be moved to the west and, (4) storefront delivery / service, to comply with City ordinances. Vote: Ayes 5 Nays 0 PB -01 -016 APPLICAINT: Shoal Creek Properties L.L.C. Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. Action: Mr; Mann read the item into the record and staff presented the request, consisting of a Special Exception Approval (1) to locate a large scale project in the "TODD (MU -5)" section; (2) provide 550 required parking spaces where a total of 585 spaces are required; and (3) maintain a 0 (zero) foot building line front set back where a 20 (twenty) foot th building line setback above the 4floor of the building is required. Planning Board Meeting August 28, 2001 Page 4 of 5 At this point, the Board, staff and the applicant discussed the above proposal.. Applicants: (Same as listed under PB 01 -015 above). Speakers (Residents): (Same as listed under PB 01 -015 above). Motion: Mr. Comendeiro moved to approve the special exceptions: (1) to construct a large scale development use in a TODD district; (2) to allow a total of 550 required parking spaces; and (3) to waive the 20' building line setback at the 5th and 6`h floors. Ms. Yates seconded the motion. Vote: Ayes 4 Nays 1 (Mr. Liddy) PB -01 -012 APPLICANT: City of South Miami 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 ",SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE,WASH/WAX SERVICE IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. At this point, Mr. Comendeiro requested that the item be deferred. Motion: Mr..-Comendeiro moved to defer the request and Mr. Man seconded the motion. Vote: Ayes 2 Nays 3 (Mr. Liddy, Mr. Morton and Ms. Yates) Action: The motion to defer this item failed, therefore the Board proceeded to discuss the proposal, which will place the appropriate restrictions and requirements on various types of car wash activity. On July 24, 2001, the City Commission initiated the process, directing staff to prepare a draft ordinance for review by the Planning Board and the City Commission. Speakers: Marcia Tabares and Don Smith, Wash World Robert Shapiro, Esq. Planning Board Meeting August 28, 2001 Page 5 of 5 The Board, staff and the speakers briefly discussed the proposed ordinance, -which has been revised as per the Planning Board recommendations at its meeting of August 14, 2001, addressing mobile car wash services as permitted and special uses in the appropriate zoning districts, and setting additional conditions of operation. Motion: Mr. Mann moved to approve the request and Mr. Liddy seconded the motion. Vote: Ayes 5 Nays 0 Mr. Lorber reminded Mr. Shapiro that since acting as a lobbyist he needs to register with the City Clerk as soon as possible. V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of August 14, 2001. Vote: Ayes 5 Nays 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 11 :06 PM. RGL /mmm K: \PB \PB Minutes\2001 Minutes\MINS 08- 28- 01.doc i. f Z I tea ;w ga f Lu -2 I i V.- 4n C3 tl cK 16 a ycr 43 IL D7 tD iR 01.01 I ng% I rtmmv—i�-- (Crvo zi cl:� N r9`=IA)Zj - 4S; Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: September 18, 2001 and City Commission From: Charles Scurr `� Re: Agenda Item City Manager Putting a limitation of two items on the presentation portion of the Agenda. REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; LIMITING PRESENTATIONS AT TWO (2) FOR ALL CITY COMMISSION MEETINGS; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Commissioner Wiscombe provides that scheduled presentations for the City Commission meetings shall be limited to two (2). 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 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; LIMITING PRESENTATIONS AT TWO (2) FOR ALL CITY COMMISSION MEETINGS; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission of the City of South Miami recognize that in its continuing effort to establish and foster positive community relations by and between the City of South Miami and its citizens it is imperative that the City's business commence promptly at 7:30 p.m., as prescribed in the South Miami City Code of Ordinances; and WHEREAS, in the framework of this affirmative and positive action a limitation is hereby being imposed restricting awards, recognition and acknowledgement presentations scheduled before the City commission at two (2) for all City Commission meetings; and WHEREAS, it should be noted that it is the intent of this Body to cultivate pro- active relationships with its constituents by not having presentations interfere with the City's business at hand. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That a limitation is hereby imposed limiting scheduled awards, recognition and acknowledgement presentations at two (2) for all City Commission meetings. Section 2. 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 ever - striking. MEMORANDUM To: Honorable Mayor, Vice Mayor & Date: September 18, 2001 and City Commission From: Charles D. Scurr / )W) City Manager RE: Agenda Item #_LL— LDC Text Amendment Car Wash Regulations 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 ",SECTION 20.3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR 'SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND 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 place the appropriate restrictions and requirements on various types of car wash activity. On July 24, 2001, the City Commission initiated the process, directing staff to prepare a draft ordinance for review by the Planning Board and the City Commission. ANALYSIS Current LDC zoning regulations Currently, the LDC makes a provision for "Mobile Automobile Wash /Wax Services," permitting this use in several of the office and commercial zoning districts (but not the SR Specialty Retail "Hometown" LDC Amendment Car Wash Zoning Regulations September 18, 2001 Page 2 zoning district.) The mobile car wash use is permitted as a Special Use, requiring a full public hearing in front of the Planning Board and the City Commission. The definition of Mobile automobile wash/wax service is specified as "a motorized vehicle equipped to provide a self - contained facility for washing, waxing, and otherwise cleaning or "detailing" automobiles." Additionally, the LDC contains the following specific conditions that apply to these establishments. • 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. • 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. • No mobile service vendor shall remain in any one site longer than sixty (60) minutes. • Mobile service vendors must operate from four -wheel motorized vehicles registered in the State of Florida. • No steam - cleaning, solvents, detergents and /or degreasers may be used. • No run -off into catch basins is permitted. • If soap is used, any run -off must be negligible and contained on private property. As stated above, the existing regulations apply to a specific type of service only, the mobile car wash service, which utilizes a specially designed truck to carry a water tank and associated equipment (see photo.) Permanent Automobile Washing /Detailing Operations are most closely associated with either a main use commercial car wash establishment, or as an accessory use to an existing gas station. These installations are heavily regulated by County (DERM) environmental regulations, as well as State and Federal environmental laws. LDC Amendment Car Wash Zoning Regulations September 18, 2001 , Page 3 Mobile Car Wash services located at permanent locations may use similar equipment to the mobile car washes described above, but locate themselves in a permanent location to solicit customers. Examples of such a use may be located is parking garage structures associated with shopping malls or hospitals. Proposed zoning regulations Permanent Car Wash Installations Current regulations only permit permanent, main use, car wash installations in the TODD Light Industrial zoning district (see PB -01 -017 for explanation of TODD -LI permitted uses.) It is proposed that the Section 20- 3.4(B)(5), which regulates gasoline service stations, be amended to include the provision that automobile washing/detailing operations may be permitted as an accessory use. This will address both the permanent car wash facilities at gas stations and the crews of workers, sometimes used for washing or detailing. It is important to note that new gas stations are only permitted in the GR General Retail zoning district, as a special use requiring a public hearing. Mobile Car Wash Services As stated above, the LDC currently addresses the mobile car wash services. Planning Department staff has found that the requirement for Special Use approval for mobile car wash services is impractical. Staff believes that the current conditions for these mobile services are adequate from an environmental standpoint. As long as these conditions are followed by the mobile services, an occupational license should be able to be issued. Further, the prohibition on these services in the SR Specialty Retail (Hometown) and the TODD -PI Public Institutional zoning districts seems over - regulatory. If these vehicles can service parking lots in the TODD or GR districts, it would seem to make sense to permit them in the First National Bank or City Hall parking lot, for example. However, there have been complaints in the past from nearby residents that the mobile services create too much noise and are disruptive. Therefore, Planning Department staff suggests the restriction that no mobile service could locate less than 100 feet from an adjacent residential zoning district. This should serve to protect residential areas from intrusion. Additionally, Planning Department staff suggests that the current condition that no mobile service stay in one place longer that sixty minutes (1 hour) is too restrictive. A typical service may wash several cars in one parking lot. Two hours would be a more realistic timeframe for these services. Note that the mobile service is only permitted on private property; use of the public right of way for these services remains prohibited. Mobile Car Wash services located at permanent locations These car wash services share many of the same characteristics of mobile car wash services, and should be subject to the same set of conditions as detailed above. However, the restriction on the number of hours that a mobile service may remain in one place has effectively prohibited these operations from being permitted. It is proposed that the LDC provide that an exception is made for mobile services which locate permanently within approved parking structures such as the Shops of Sunset Place garage, or at South Miami hospital's garage. The important consideration for these establishments is whether the operation is compatible with surrounding uses and the neighborhood in general. For instance, within a parking structure in a commercial district, with no exterior signage, this type of service is acceptable. However, a similar car wash operation, setting up permanent operations in a commercial parking lot in the Hometown District or other commercial or office districts, is clearly incompatible with the intended uses of the district, especially if outdoor signage is permitted. Therefore, the Planning Department suggests that these uses LDC Amendment Car Wash Zoning Regulations September 18, 2001 Page 4 be limited to within parking structures in zoning districts which permit them, and no exterior signage should be permitted. PLANNING BOARD ACTIONS This item was reviewed by the Board at its August 14, 2001 meeting at which time a number of revisions were suggested and incorporated into the proposed ordinance. The item was deferred at that time. The Planning Board at its August 28, 2001 meeting adopted a motion recommending approval of the proposed ordinance.. The motion to approve was made by Mr. Mann 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 the Land Development Code, addressing mobile car wash services as permitted and special uses in the appropriate zoning districts, and setting additional conditions of operation, be approved. Attachments: Proposed Ordinance City Commission Resolution No. 104 -01 -11252 PlanninZ Board Minutes 8 -28 -01 CS4ULL/ /S-AY D: \Comm Items\2001 \9- 18- 01 \LDC Amend -Car Wash report.doc RESOLUTION NO. 104-01-11252 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 ` I'vlobile Car w'a'sh 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 Cit }- 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: APPROVED: Cl Y CLERK f MAYOR READ AND APPROVED AS TO FORM: CO�IiMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice -Mayor Feliu:- Yea ---- '� Commissioner Russell: Yea Commissioner Bethel: Yea CITY ATTORNEY Commissioner Wiscombe: Yea >... DRAFT CITY OF SOUTH MIAMI PLANMNG BOARD Regular Meeting Action Summary Minutes Tuesday, August 28, 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 7:38 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. Morton, Mr. Juan Comendeiro and Ms. Yates. Board members absent: Mr. Illas and Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Gremaf Reyes (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -015 APPLICANT: Shoal Creek Properties L.L.C. Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING, TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO ", MEDIUM - INTENSITY OFFICE DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, 'LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; 'PROVIDING FOE SEVERABILITY; - PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting August 28, 2001 Page 2 of 5 Action: Mr. Liddy read the item into the record. Mr. Morton explained that both items pertaining to Shoal Creek Properties were interelated, therefore they would be discussed simultaneously and will be voting on them separately. ` Mr. Lorber presented a summary of the request for the rezoning of the above- described property, from "MO" Medium- Intensity Office Use District, to the proposed zoning, the "TODD (MU -5), Transit Oriented Development District (Mixed -Use 5) Use District. A Comprehensive Plan, Future Land Map Amendment for this project received a Planning Board recommendation of approval at its July 10, 2001 meeting and subsequently went before the City Commission where it received first reading approval at its July 24, 2001 meeting. The applicant is constructing a residential building with limited commercial uses on the ground floor facing SW 59th Place. Applicants: Ines Marrero - Priegues, Esq. , James Harris, Michael Getz, (Shoal Creek Properties). Mark Pollack, Rob Curtis, Ed Llorca Ms. Marrero opened the presentation summarizing the proposal, and Mr. Curtis conducted a visual presentation. Inquiries and concerns of the Board included, but were not limited to: whether access to the garage from SW 691h Street; is the best location; the Board did not feel that the three- foot setback for the garage was reflected on the site plan; how the commercial section will be serviced; types of amenities; types of retail price range of residential units; per -unit occupancy; and whether or not the proposed Mediterranean` design of the building would blend in with the rest of the City. Mr. Harris stated that SW 691h Street would be the most preferable access to the garage because it is closer to the retail spaces. The applicant explained and reaffirmed to the Board that the three -foot setback for the garage has been stipulated in the revised plan. The commercial areaa will be serviced after hours. As for the exterior design of the building it is required that the applicant bring the request to the Environmental Review & Preservation Board (ERPB). The rental cost of the units will range between $800 41,800. Ms. Marrero responded to a question on occupancy per unit that the owner will need to comply with current HUD guidelines. Speakers (residents): Cal Rosenbaum, 6101 Sunset PI Yvonne Beckman, South Miami Homeowners' Assoc. Craig Sherar Michele Hebert, 7000 SW 60 Ct Walter Harris, 7100 SW 64th Ct Michael Miller, 6796 SW 62 °d St Dean Witman, 6259 SW 70th St David Tucker, Sr., 2556 SW 78 th Ter Planning Board Meeting August 28, 2001 Page ,3 of 5 Bexie Schwartz 6931 SW 62nd Ct Roxanne Scalia, 6925 SW 63d Ct Catherine Goe 6241 SW SW 68th Street, #210 David Landoe 6926 SW 62nd Ct Al Elias, 7150 SW 62 "d Ave Greg Oravec, CRA Director Concerns expressed by those speakers against the proposal, included but were not limited to: increase in traffic congestion; security; insufficient parking spaces; school crowding; loosing the green space price range of rentals might be too high; management; size of building; appropriate dumpsters location. Those speakers in favor of the proposal believed that such project will help revitalize the area, Motion: Mr. Comendeiro moved for approval of the request and Ms. Yates seconded the motion with the following conditions: (1) the applicant shall provide a minimum three - foot setback between the garage (north side) and the sidewalk; (2) applicant to redesign the proposed streetscape elements in order to conform to the Community Redevelopment Area Streetscape Plans for the area; (3) entrance to the parking garage should be moved to the west; and, (4) storefront delivery /service, to comply with City ordinances. Vote: Ayes 5 Nays 0 PB -01 -016 APPLICANT: Shoal Creek Properties L.L.C. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A .REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU-5)", TRANSIT ORIENTED DEVELOPMENT 'DISTRICT (MIXED USE 5) (2) .... __ PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING 'IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. Action: Mr. Mann read the item into the record and staff presented the request, consisting of a Special Exception Approval (1) to locate a large scale project in the "TODD (MU -5)" section; (2) provide 550 required parking spaces where a total of 585 spaces are required; and (3) maintain a 0 (zero) foot building line front set back where ;a 20 (twenty) foot building line setback above the 4th floor of the building is required. ­, Planning Board Meeting August 28, 2001 Page 4 of 5 At this point, the Board, staff and the applicant discussed the above proposal. Applicants: (Same as listed under PB 01 -015 above). Speakers (Residents) (Same as listed under PB 01 -015 above). Motion: Mr. Comendeiro moved to approve the special exceptions: (1) to construct a large scale development use in a TODD district; (2) to allow a total of 550 required parking spaces; and (3) to waive the 20' building line setback at the 51h and 6`h floors. Ms. Yates seconded the motion. Vote: Ayes 4 Nays 1 (Mr. Liddy) PB -01 -012 APPLICANT: City of South Miami 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(1)) ENTITLED "PERMITTED USE SCHEDULE ",SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(13)(20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX` SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS'' FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Action: Mr. Morton read the item into the record. At this point, Mr. Comendeiro requested that the item be deferred. Motion: Mr. Comendeiro moved to defer the request and Mr. Man seconded the motion. Vote: Ayes 2 Nays 3 (Mr. Liddy, Mr. Morton and Ms. Yates) Action: The motion to defer this item failed, therefore the Board proceeded to discuss the proposal, which will place the appropriate restrictions and requirements on various types of car wash activity. On July 24, 2001, the City Commission initiated the process, directing staff to prepare a draft ordinance for review by the Planning Board and the City Commission. Speakers: Marcia Tabares and Don Smith, Wash World Robert Shapiro, Esq. Planning Board Meeting August 28, 2001 Page 5 of 5 The Board, staff and the speakers briefly discussed the proposed ordinance, which has been revised as per the Planning Board recommendations at its meeting of August 14, 2001, addressing mobile car wash services as permitted and special uses in the appropriate zoning districts, and setting additional conditions of operation. Motion: Mr. Mann moved to approve the request and Mr. Liddy seconded the motion. Vote: - Ayes 5 Nays 0 Mr. Lorber reminded Mr. Shapiro that since acting as a lobbyist he needs to register with the City Clerk as soon as possible. V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of August 14, 2001. Vote: Ayes 5 Nays 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 11:06 PM. RGL /mmm K: \PB \PB Minutes\2001 MinutesWNI S 08- 28- Ol.doc a — ..,„,, , ,�e,:- rr�- -�-,.- F,.: --- , . -- _ - , „- .^�c-- �'- �s,�� --;-� 4. ^s.- £- rf-r,. ='.- _ ,,„, v-•=' ..--- x',�- zs.•:^'.�':- ,ev -a-' ^n ` , vi IT --m 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 46 0/a ORDINANCE NO. 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` ;SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Mobile Car Wash Services," and, WHEREAS, the current regulations can be improved to address the various types of car wash businesses that are being proposed within the City, and, WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution No. 104 -01 -11252 directing the preparation of an amendment to the text of the City of South Miami Land Development Code, which would clarify the different types of car wash enterprises, and place the appropriate restrictions and requirements on car wash activity, and further directing that the amendment 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 August 28, 2001, at which time the Planning Board voted 5 -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: I 2 Section 1. That Section 20- 3.3(D) entitled "Permitted Use Schedule," of the City's Land 3 Development Code, is hereby amended to read as follows: 4 USE TYPE ZONING DISTRICT R L M N S G T T T T T H P P C P 0 0 0 R R R 0 0 0 0 O I R 0 A 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 Mobile Automobile S S S S S S S S S S S 2 N/ Wash/Wax Service 0 A 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 Section 2. That Section 20- 3.4(B) entitled "Special Requirements," of the City's Land Development Code, is hereby amended to read as follows: (5) GASOLINE SERVICE STATION (f) Ancillary Uses. Vi. Automobile Washing/Detailing Operations may be permitted as an accessory use in the GR General Retail Zoning District. (20) MOBILE AUTOMOBILE WASH /WAX SERVICE (a) Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday through Saturday only. 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. No mobile service vendor shall station itself within 100 feet of a residential zoning district, however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents 2 4`„ 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 (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 ven property owner may permit mobile carwash services to operate on their property longer than sixty (tirn minutes two (2) hours, or operate on site more than two (2) times per week. (d) No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below. (e) With special use approval, exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures. No exterior signage visible from a public street shall be permitted for locations within parking structures. (f) 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. 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 take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2001 3 APPROVED: MAYOR 1 2 3 1" Reading- 4 2nd Reading - 5 6 7 READ AND APPROVED AS TO FORM: 8 9 10 11 12 CITY ATTORNEY 13 COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 14 15 NOTE: New wording underlined; wording to be removed indicated by strike- through. 16 17 4 f To: Honorable Mayor, Vice Mayor Date: September 18, 2001 and City Commission From: Charles D. Scurr Re: Agenda Item # City Manager LDC Amendment: Menu Board Signage 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 THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION- 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Corporate Property Services , representing the McDonald's Corporation, is requesting the City to amend Section 20 -4.3 (Sign regulations) of the Land Development Code in order to increase the maximum allowable size of free standing menu board signs from 35 sq.ft. to 44 sq. ft. The application is a result of the company's desire to replace its current menu board sign at its restaurant located at 6150 South Dixie Highway. If the proposed amendment is approved, it would be applicable to all new free standing menu board signs. STAFF ANALYIS (1) The applicant initially applied for a sign variance to permit a new menu board sign to be installed at its S. Dixie Highway restaurant. The item was schedule for public hearing at the Planning Board's July 10, 2001 meeting. The applicant pointed out initially that their request was necessitated because of new state of the art technology (menu board with a video screen), The applicant later advised that there was also a need for more space due to an expanding choice of food items. Prior to the Planning Board meeting staff advised the applicant that it would be more appropriate for the City to consider this request in the form of a text amendment to the sign regulations, instead of as a site specific variance request. (2) The City's current regulations applicable to free standing menu broad signs is as follows: Section 20- 4.3(I)(5) FREE STANDING MENU BOARD: One (1) MENU BOARD SIGN shall be permitted at a licensed RESTAURANT, not to exceed thirty -five (35) square feet in area nor seven and one -half (7.5) feet in height. Direct illumination is permitted. Sign may be detached LDC Amendment Menu Board Signs September 18, 2001 (2) (3). It is important to note that the City's Zoning Task Force has completed its review of sign regulations, and adopted a revised chapter entitled Article V Sign Regulations. The new chapter contains a number of adjustments to existing standards for specific sign types. The Task Force did not recommend any change to the maximum allowable size of menu board signs, however, it was recommended that the wording ".....shall be permitted at each drive - through to a licensed..." be added. The purpose of the revision was to clearly indicate that this type of sign was limited to restaurants with drive through facilities. (4) The applicant's proposed increase of 26 % in the size of the sign would have minimal impact if the sign is not visible from a public street; or if visible, screening or landscaping be provided up to the height of the sign. Menu boards for drive through facilities are internal to the site and are generally not visible from a public street. SPECIFIC AMENDMENT Based upon the conditions specified above the following amendment should be considered in lieu of the request of the applicant to allow an additional 9 square feet in size. The amendment includes the additional wording proposed by the Zoning Task Force. Section 20- 4.3(I)(5) FREE STANDING MENU BOARD: One (1) MENU BOARD SIGN shall be permitted at each drive - through to a licensed RESTAURANT, not to exceed thirty - five (35) square feet in area nor seven and one -half (7.5) feet in height. A menu board slo may exceed the maximum allowable square footyge by up to 10 sq. ft. if the facade of he sijzn is not significantly visible from a public street, or if visible, screening or landscaping acceptable to the City's ERPB be provided up to the heiF,ht of the son. Direct illumination is permitted. Sign may be detached PLANNING BOARD RECOMMENDATION The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment The motion to approve was made by Mr. Mann and seconded by Ms. Yates The motion was adopted by a vote of 5 ayes (Mr. Liddy, Mr. Morton, Ms. Gibson, Mr. Comendeiro, Ms. Yates) and 2 nays (Mr. Mann, Mr. Illas). RECOMMENDATION: It is recommended that the amendment as proposed above and in the attached draft ordinance be approved on first reading. Attachments: Draft ordinance Application Letter oflntent /Justification Public notices Planning Board Minutes 8 -14 -01 L CS/R L /SAY D: \Comm Items \2001 \9 -18 -01 \LDC Amend Menu Bd Report.doc I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITYOF SOUTH ` MIAMI, FLORIDA RELATING TO A 5 REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND 6 DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN 7 SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN 8 ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR 9 A FREE STANDING MENU BOARD; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Application No.PB -01 -013 submitted by Corporate Property Services , representing the 15 McDonald's Corporation, is requesting the City to amend Section 20 -4.3 (Sign regulations) of the Land 16 Development Code in order to increase the maximum allowable size of free standing menu board signs 17 from 35 sq.ft. to 44 sq. ft; and 18 19 WHEREAS, the Planning Department has determined that the applicant's proposed increase of 20 26% in the size of the sign would have minimal impact if the sign is not visible from a public street; or if 21 visible, screening or landscaping be provided up to the height of the sign; and 22 23 WHEREAS, the Planning Department has prepared an ordinance amending the maximum allowable 24 size of a free standing menu board sign with the condition that screening or landscaping be provided up to 25 the height of the sign if it is visible from a public street; and 26 27 WHEREAS, the Planning Department has added additional wording recommended by the Zoning 28 Task Force in order to clearly indicate that a free standing menu board sign was limited to restaurants 29 with drive through facilities; and 30 31, WHEREAS, on August 14,2001, after a public hearing regarding the proposed amendment to 32 Section 20- 4.3(l)(5) of the Land Development Code, the Planning Board approved a motion by a vote of 33 5 2 recommending approval of the proposed amendment; and 34 35 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and 36 enact the aforesaid amendment. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF 39 THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section 1 That the subparagraph entitled, "Free Standing Menu Board Signs" of Section 20- 4.3(1)(5) 42 entitled, "(Signs) All Other Zoning Districts" of the South Miami Land Development Code is hereby 43 amended to read as follows: 44 45_ Section 20- 4.3(I)(5) 46 FREE STANDING MENU BOARD: One (1) MENU BOARD SIGN shall 47 be permitted at each drive - through to a licensed RESTAURANT, not to exceed 48 thirty -five (35) square feet in area nor seven and one -half (7.5) feet in height. A 49 menu board sign may exceed the maximum allowable square footagebyup to 50 10 sq. ft. if the facade of the sign is not siznificantly visible from a public 51 street, or if visible: screening orlandscapinz acceptable to the QU s ERPB 52 be provided up to the height of the sign. Direct illumination is permitted. 53 Sign may be detached 54 1 (2) 2 3 4 5 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this 6 ordinance are hereby repealed. 7 8 Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held 9 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 10 validity of the remaining portions of this ordinance. 11 12 Section 4. This ordinance shall be effective immediately after the adoption hereof. 13 14 15 16 PASSED AND ADOPTED this day of 2001' 17 ATTEST: APPROVED: 18 19 20 21 CITY CLERK MAYOR 22 23 1St Reading - 24 2nd Reading - 25 COMMISSION VOTE: 26 READ AND APPROVED AS TO FORM: Mayor Robaina: 27 Vice Mayor Felieu 28 Commissioner Russell 29 Commissioner Bethel: 30 Commissioner :Wiscombe 31 CITY ATTORNEY 32 33 34 35 36 (Note; New wording underlined; wording being removed indicated by strike- through) EQ V E :k City -of South Miami -- PIanning & Zoning Department JUL ? 3 2�0 v City Hall, 6130 Sunset Drive, South Miami, Florida 331143 Telephone; (305) 663 - 6326; Fax: (305) 666-4591 Plannini Dapartment Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Subdivision T•arkin Pines pB 24-p. 20 Meets & Bounds: — Applicant: Phone: Corporate Property Services, Inc. (954) 426 -5144 Representative: David J. Felton Organization: Corporate Property Services, Inc. Address: 600 Fairway Drive, Suite 104 Phone: ( 54) 426 -5 44 Deerfield Beach FL 33441 i �` Property Owner` McDonald's Corporation Signature: Mailing Address: 5200 Town Center Circle, ;Suite 609hone: (1�1) 391 8003 Boca Raton FL 33486 Architect/Engineer: Phone: " James H. Pohl, P.E. (954)_421 -0997 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner %Owner's Representative _Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Z Text Amendment to LDC _Variance % Letter of intent —Zoning Map (Amendment _Special Use _ Justifications for change _ PUD Approval _Special Exception Statement of hardship _ PUD Major Change _Other _ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase Current survey (1 original sealed and Text jAmendment to amend the Land Development signed /1 reduced copy @ 11" x 17 ") 15 copies of Site Plan and Floor Plans Code Section 20– 4.3 (I) (3) (c) 1 reduced copy @ 11 "x 17" in order to permit a 44 s. f. menuboard sign. _ 20% Property owner signatures Section:_- Subsection: Page #: Amended Date: _ Mailing labels (3 sets) and map Required Fee(s) Th undersigned read this completed application and represents that the information and all submitted materials are true and ect tot e b st f the applicant's l:now•ledge and belief. Applicant's i ature and title David J. 'elton D to Upon receipt, appilications and all submitted materials will be reviewed for com liance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected an returned to the applicant. OFFICE USE ONLY: Date' Filed 11 Date of PS Hearing Date of Commission Petition Required Petition Accepted Method of Pa merit 8/2/00 CORPORATE PROPERTY SERVICES.-;A C 600 FAIRWAY. jDRIVE • SUITE 104 • DEERFIELD BEACH, FLORIDA '33441 July 12, '2001 Mr. Richard G. Lorber, AICP �I U Planning Director LW The City of South Miami JUL ) 3 2W1 6130 Sunset Drive South Miami, FL 33143 Plann ng D8Partfhent RE: Code Text Amendment McDonald's - 6150 S. Dixie Highway Dear Mr. Lorber: On behalf of McDonald's Corporation and in accordance with the provisions set for in the Land Development Code Sections 20 -5.2, 20 -5.3, and 20 -5.4, I would like to respectfully request a Text Amendment to Section 20- 4.3(I)(3)(c) of the City of South Miami Land Development Code. The current code permits fast food restaurants to install one menu board sign, not to exceed 35 square feet in area or 7.5 feet in height. The requested amendment would a! llow fast food restaurants; to install one menu board sign, not to exceed 44 square feet in area or 7.5 feet in height. Due to market demands, McDonald's Corporation is upgrading its existing menu board to W nclude the larger variety of menu board items, which are offered to the drive -thru customer. McDonald's new freestanding menu board sign consists of four panels displaying the selection of menu items, along with a separate customer order display pedestal. Fast food restaurants today are being developed to meet the changing needs of society. As a result of today's hectic lifestyles, current market demands necessitate convenient and economical places to eat. McDonald "s national average of drive -thru visits has increased over the years and constitutes approximately 50% of their daily business. For example, McDonald's reports that its store located at 6150 S. Dixie Highway averages approximately 80 cars per hour at its drive -thru, during peak hours.. Generally, a customer's continued patronage depends upon the quality of customer service provided at the drive -thru lane. Amending the Code will enable McDonald's to maintain a competitive level of business as well as a high level of customer satisfaction. A Thank you for consideration of this request. If you require any further information, please call our office. A atricialy, M nahan Project Coordinator cc: Rosangela DeMello McDonald's Corporation (954) 426 -5144 + FAX (954) 570 -3391 DEVELOPMENT ADMINISTRATION - REGULATORY LANO USE CONSULTANT - LICENSEO REAL ESTATE BROKER CERTIFIED GENERAL CONTRACTOR CGC 044277 -� ,. MIAMI DAILY BUSINESS REVIE Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper,' published at Miami to Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI — PUBLIC HEARING 8/14/01 PB -01 -012 APPLICANT: CITY OF SOUTH MIAMI, ETC. in the XXXX Court, was published in said newspaper in the issues of 08/03/2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has er p id nor promised any person, firm or corporation any Iscount rebate, commission or refund for the purpose ' of s urin his adverjistmient for pubiicatiomin the said 'D9 JIF Sworn to and subscrib before me this 03- dayof AUX , W. P4 NOTICE OF PUBLIC HEARING , CITY OF SOUTH MIAMI W PLANNING AND ZONING DEPARTMENT 6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143 ' PHONE: (305) 663. 6326; FAX #: (305) 666"4591 On Tuesday, August 14, 2001, at 7:30 P.M. the City of South Miami Planning Board will conduct Public Hearings In the City Commis - sion Chambers at the above address on the following items: PB -01 -012 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS- `SIONOF-THE-CITYOFSOUTH MIAMt- FLORIDA, RELATING -TO A RE- QUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOP- MENT CODE BY REVISING SECTION 20 -2.3 ENTITLED_'DEFINI- TIONS" AND SECTION 20- 3.4(20) ENTITLED 'MOBILE AUTOMOBILE WASHMPAX' SERVICE' IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC: STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVID- ING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC- TIVE DATE. PB- 01.013 Applicant: Corporate Property Services (McDonald's Corporation) Request:' AN ORDINANCE OF THE MAYOR AND CITY COMMIS - SION OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO A RE- QUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOP - MENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CON - TAINED WITHIN SECTION 20-4.3(l)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY;. PROVIDING FOR ORDI- NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. PB -01 -014 Applicant: 1909 Cafe, ,Inc. Request: RESOLUTION OF THE MAYOR AND CITY COMMIS- SION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO A RE- QUEST PURSUANT TO SECTION'20- 3.4(B)(4)(b) OF THE LAND DE- VELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT '1909 CAFt" IN THE "GR" GENERAL RE- TAIL ZONING USE DISTRICT,' SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE: PB -01 -017 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS- SION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OFTHE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED 'PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED 'COMMERCIAL USE', AND SECTION 20 -8.7 ENTITLED 'LIGHT INDUSTRIAL USE', IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CON- TINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE *TODD: TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT, INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND - PROVIDING AN EFFECTIVE DATE. (SEAL) OFFICIAL NOTARY RY SE PB -01 -018 LLERENA SOOKIE WILLIAMS personally WCTMZf MLIC STATE OF FLORfDA Applicant: City of South Miami COMMISSION NO. CC 912953 Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS - SION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN MY COMMISSION EXP. JUNE 232004 AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED 'PHYSICAL 13AR8I6RS- HEIGHT LIMITS' TO PERMIT ADDITIONAL HEIGHT FOR HEDGES' AND VINES USED AS LANDSCAPING; PROVIDING` FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. For more information regarding these applications or any matter, please call (305) 663 -6326 All interested parties are urged to attend. Objections or expressions of approval maybe made in person at the hearing or riled in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City, Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663.6326 or writ- ing to the address indicated above. You are hereby advised that if any person desires to appeal any deci- sion made with respect to any matter considered at this meeting or hear- ing, such person will need a record of the proceedings, and for such pur- pose 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 (F.S'. 286.0105). Refer to hearing number when making any inquiry. 8/3 01-3-68/186022M s E The Herald' SUNDAY, AUGUST 5, 2001 6 COURTESYr SUMMARY NOTICE . CITY,OF-.SOUTH MIAML Planning and Zoning Department ' r 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663 -6326; Fax: (305) 666 -4591 � ^' On Tuesda%August 14, 2001; at7:30 P.M., the City of South Miami Planning Boaid� will conduct Public Hearings. in the City Commission Chambers at the above address on the following items., .' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MUiMi FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND . . DEVELOPMENT CODE BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS "WAND SECTION 20 -3.4 (20) ENTITLED !:MOBILE AUTOMOBILE•WASHIWAX SERVICE" IN ORDER", TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF,; MOBILE CAR. WASH` ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING ORDINANCES ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. 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 THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN . SECTION 20- 4.3(1)(5} IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD - PROVIDING FOR SEVERABILITY, PROVIDING: FOR' ORDINANCES IN CONFLICT; AND PROVIDING `AN EFFECTIVE DATE.. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REQUEST PURSUANT TO SECTION 20- 3.4(8)(4)(b) OF THE LAND ' DEVELOPMENT CODE .FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND. DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ",, AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE', IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN "TODD t THE (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT-AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE 'CITY OF SOUTH MIAMI LAND. DEVELOPMENT' CODE, BY REVISING SECTION 20- 3.6(H)(2)` ENTITLED "PHYSICAL BARRIERS- HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE' DATE. For more, information regarding these applications or any matter, please call (305) 663 -6326. All interested, parties are urged to attend. Objections or expressions.of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission' whatever the board considers in the best interest for the area involved. interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with y respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim - record of the proceedings is made, which record includes the testimony and evidence upon king which ny the appeal is to be based (ES. -286 0105) Refer toltearirrg nutribe uyhen a CITY OF SOUTH MIAMI NOTICE OF PUBLIC- HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Worn Florida yvill conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 18, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the bIlowtng: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20.3.3(D) ENTITLED 'PERMITTED USE SCHEDULE". SECTION 20.3.4 (B) (5) ENTITLED `GASOLINE SERVICE STATIONS" AND SECTION 20.3.4 (6)(20) ENTITLED - MOBILE AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDETHE LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH' ACTIVITIES. PROVIDING FOR SEVERASILITY: PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION20d.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20.3(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT `1909 CAFE" IN THE "GR"'GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO '; MEDIUM - INTENSITY OFFICE DISTRICT TO -TODD (MU -5)': TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20.8.9(8) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE `TODD (MU•5.) ", TRANSIT ORIENTED DEVELOPMENT' DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE ATOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 70th STREET, ON THE EAST BY SW 59th PLACE, ON THE NORTH BY SW 691h STREET, AND ON THE WEST BY SW 61st AVENUE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE, SECTION 20 -8.5 ENTITLED "COMMERCIAL USE, AND SECTION 20.8.7 ENTITLED WIGHT INDUSTRIAL USE. IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE -TODD- (Li -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20.3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Said ordinance an he inspected at the City CleNs 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 and will be heard. RonettaTaybr; CMC City Clerk City of South Miami Pursuant to Florida Statutes 28fi.0tGS, the City hereby advises the public that if a person dedCes to ,Feel any decision made by this Beard, Agency or Commission with respect to any matter considered at Is meaning or hearg, he or she ,Feel a record of thz psoceed�mggs, and that tar such purpose, the affected person ma need to ensure that a verbafim record et the pmeeedrcVs is made xhich record indudes the testimony and evidence upon which the appeal is to be based. f r x C x v D 0 rn m 3 v m x ry 0 0 C ^h'i:4 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14 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 7:37 P.M. Action: The Pledge,of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Ms. Brenda J. Yates was sworn in as a new Planning Board member. Board members present constituting a quorum: Mr. Liddy, Mr. Mann,' Mr. Illas, Mr. Morton, Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -012 APPLICANT: City of South Miami 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 -2.3 ENTITLED "DEFINITIONS AND SECTION 20 -3.4 (20). ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow the existing permitted use to be located in several of the office and commercial zoning districts, and in the SR Specialty Retail "Hometown" zoning district. Planning Board Meeting August 14, 2001 David Tucker, Sr., Douglas Adams and George David. Speakers (Residents): The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance. Several concerns were raised by the Board and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns: running soapy water out of the establishments and down the streets; the impact on stormwater facilities resu?tting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100 - 200 ft); the operational hours and days; introduction of transient population into the neighborhood; the noise originated by the air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The Board questioned whether the ordinance could self - destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible amendments to the ,proposed ordinance (with regard to the mobile vendors), which included: hours of operation from 9:00 AM to 5:00 PM; twice a week including Saturdays; Sundays prohibited; a clause to clarify that the provisions of this ordinance would not apply to residential areas, however, car wash operations only be for the benefit of the occupant of the property. Motion Mr. Morton moved to defer the ,request in order for staff to rework on the proposed ordinance as per the discussions and suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) 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 THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(i)(5) IN ORDER TO INCREASE THE MAXINIUM ALLOWABLE SIZE FOR FREESTANDING MENU BOARD PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq. ft. to 44 sq. Ft. Staff noted that the proposed 2 Planning Board Meeting August 14, 2001 changes will have a citywide impact would not change. Staff clarified that the existing 7.5 feet in height Applicant present: David J. Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers. The speakers also questioned the possibility of additional increase in the size of the sign in the future. The applicant explained the importance of this ordinance which will allow them to introduce an improved' type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new sign will greatly improve communication in processing the drive =thru orders, reducing the need for the use of the loudspeaker, and making the entire process much more effective. Motion: Mr. Mann moved for approval of the request and Ms. Yates seconded the motion. Vote: Ayes 5 Nays 2 (Mr. Mann and Mr. Illas) PB -01 -014 APPLICANT: 1909- Cafe,`Inc. REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GW' GENERAL RETAIL ZONING USE DISTRICT, ' SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mr. Mann read the request into the record and staff presented the item relating to a request pursuant to Section 20- 3,4(B)(4)(b) of the Land Development Code for a Special Use approval to locate a general restaurant "1909 Cafe" in "GR" General Retail Zoning Use District. The above- referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces and trash collection. The applicant emphasized that the restaurant strictly serves cold sandwiches with no cooking involved, therefore the trash generated fro_ m the establishment mainly consists of disposable dinnerware. 3 TO Motion; Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms..Gibson seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -017 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 OF THE CITY OF SOUTH MIAMI LAND "DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami Land Development Code (LDC). in order to make technical corrections that would allow the continuation of existing permitted industrial uses in the "TODD- (LI -4)" Transit Oriented Development District (Light 'Industrial -4). With the adoption of an amendment to the LDC in 1997 which established .a new zoning district (TODD), a number of light industrial uses were eliminated from locating in any zoning district within the City. Staff noted that the City Commission by Resolution No. 105-01 - 11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC in order to reinstate the light industrial uses as permitted uses in the TODD '(LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same recommendation as proposed by staff. Speaker: David Tucker, Sr. The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below) recommended for reinstatement, specifically those that use chemicals. Below is a list of 13 uses which are listed in the City's Permitted Use Schedule, however the schedule shows that they cannot be located in any zoning district. Automobile rental agency Radio and television repair shop Automobile repair and body shop Re- upholstery and furniture repair -services Automobile upholstery and top shop Taxidermist 4 Planting Board Meeting August 14, 2001 Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet cleaning service Contractor plant and storage Lawn maintenance services a� Motion: Mr. Comendeiro moved approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Illas requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the ;original motion to approve the staffs recommendation. Vote: Ayes 4 Nays 3 (Mr. Liddy, Mr. Mann and Mr. Illas). PB-01 -018 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 OF THE CITY OF SOUTH MIAMI'LAND DEVELOPMENT CODE, BY REVISING SECTION 20 3.6(H)(2) ENTITLED "PHYSICAL: BARRIERS- HEIGHT LIMITS" TO PERiMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING. FOR _SEVERABILITY; PROVIDING FOR ORDINANCES IN IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Liddy read the request into the record and staff presented the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing for ornamental vegetation to extend` over six (6) feet in height above grade in any required yard. The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing -the hedges to grow to an unlimited height, specifically along the front line of the property. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker: David Tucker, Sr. Motion: Mr. Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2) no limit on the height of the hedges for the rear and the sides of the property. Mr. Illas seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Liddy) 5 Planning Board Meeting August 14, 2001 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of July 10, 2001. Vote: Ayes 7 Nays 0 VI. Discussion Items` The Chairman announced that the next Planning Board meetings are scheduled for August 28th and September I Ith, 2001. Staff noted that the September 11"' meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25th is the tentative date for the joint Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:25 PM. R L/mmm K:\PB\PB Minutes\2001 Minutes`uv11N9S 08- 14- 0L.doc i 6 SOU7, • INCORPORATED 1 927 FOR -V� Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor& Dater September 18, 2001 and City Commission Agenda Item # 14- A From: Charles D. Scurr RE: ��,� g City Manager LDC Text Amendment Height of Hedges Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE. PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 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 that 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. SPECIFIC AMENDMENT A draft ordinance, amending Section 20- 3.6(H) of the LDC, was prepared by Planning Department staff, and reviewed by the Planning Board. The proposal would have the following results: r F, LDC- Amendment Height of hedges September 18, 2001 Page 2 1) By removing the word "hedges" the restriction on physical barriers over four (4) or six (6) feet in height, as applicable, hedges used as physical barriers along side and rear property lines could exceed then the current height limit. 2) Repeal of the existing prohibition on ornamental vegetation extending over six (6) feet in height above grade in any required yard. 3) Hedges and vines used as a physical barrier on front property lines would also be permitted to exceed the current four (4) feet height limit. However, the intent of this provision of the code is to prevent the front property line from being overwhelmed by a completely opaque situation, which would completely obstruct visibility of the house itself. Some level of visibility from the front property line is desirable, both from an neighborhood aesthetic perspective, and from a public safety standpoint. Therefore, the Planning Board proposed that the regulations allow hedges only up to six (6) feet high on the front property frontage. Exception to the six foot high limit would be made for ornamental entranceways in the hedges, which could be higher. 4) No height limit would be imposed "for hedges and vines on side and rear property lines, but they would still have to be properly trimmed and maintained. Planning Department staff believes that natural, growing plants form a more desirable physical barrier than wood fences or concrete walls. The Department recommends that the current regulations for fences and walls be retained, as excessively high wood or concrete barriers have proven to be aesthetically damaging to surrounding neighborhoods. However, high hedges of the type envisaged by the proposed ordinance, do not produce the same negative effect as oversized walls or fences. To the contrary, attractively manicured hedges can produce an extremely desirable effect on the landscape and the surrounding neighborhood, and should be permitted. PLANNING BOARD RECOMMENDATION The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment. The motion to approve was made by Mr. Comendeiro and seconded by Mr. Illas The motion was adopted by a vote of 6 ayes and 1 nay (Mr. Liddy). RECOMMENDATION Approval Attachments: Draft Ordinance City Commission Resolution No.106 -01 ' -11254 (authorizing initiation of amendment) LDC Sections 20- 3.6(H) Public Notices CS/RG SAY D: \Comm Items\2001\9 -18 -01 \LDC Amend Hedges Report.doc I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO AN 6 AMENDMENT TO THE CITY OF SOUTH MIAMI LAND 7 DEVELOPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN 8 ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND 9 VINES USED AS FENCING, SCREENING OR LANDSCAPING; 10 PROVIDING FOR AN EFFECTIVE DATE. PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, The City's Land Development 'Code (Section 20- 3(H)(2) sets forth height 15 limitations on fences, walls, gates, and trellises in residential areas. which regulations are also 16 applicable to "hedges, vines and other natural vegetation "; and 17 18 WHEREAS, property owners who have hedges, ornamental vegetation, or landscaping 19 exceeding these maximum heights are subject to code enforcement action including fines and 20 penalties; an: d 21 22 WHEREAS, it is appropriate for the height limitations on "natural" vegetation to be 23 reconsidered in the light of the importance of landscaping in environmental issues and in the 24 beautification of neighborhoods; and 25 ii 26 WHEREAS, the use of vegetation or landscaping; as a screening mechanism to block 27 views of cars, boats; satellite dishes should be encouraged as an alternative to a wall or fence; 28 and 29 30 WHEREAS, the City Commission, at its meeting of July 24, 2001, adopted Resolution 31 No. 106 -01- 11254 directing the preparation of an amendment to the text of the City of South 32 Miami Land Development Code, which would adjust the height of hedges in the front, side and 33 rear yards of property, and further directing that the amendment should be forwarded to the 34 Planning Board for review and recommendation; and 35 36 WHEREAS, a public hearing regarding the proposed amendment was held by the 37 Planning Board on August 14, 2001, 2001, at which time the Planning Board voted 6 ayes and 1 38 nay to'recommend approval of the proposed amendment to the City Commission; and 39 40 WHEREAS, the City Commission desires to accept the recommendations of the Planning 41 Board and enact the aforesaid amendment. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 44 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 1 2 3 Section 1 That Section 20- 3.6(H), entitled, "Physical Barriers" of the South Miami Land 4 Development Code is hereby amended to read as follows: 5 6 20 -3.6 Supplemental regulations. 7 8 9 (H) Physical Barriers. 10 11 12 (2) Height limit, 13 14 Residential: 15 16 17 (b) In required yards not adjacent to a right -of -way, fences, walls, and trellises and 18 hedges shall not exceed six (6) feet in height above grade. 19 20 (c) In required yards; adjacent to a right -of- way, fences, walls, trellises, and gates and 21, hedges shall not exceed four (4) feet in height above grade. Fences and walls may be increased 22 by two (2) feet in height above' grade,' and gates may be increased by three (3) feet ,above grade, 23 provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of 24 the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60)' 25 percent open area. 26; 27 28 (iii) Trellises and hedge cannot exceed four (4) feet in height along rights -of -way. 29 Freestanding trellises not located along property lines and not installed to create a physical 30 barrier may extend up to six (6) feet in height above grade in any required yard. Omamental 31 vegetation and landseaping not 32 . , yard. Tree species 33 included in the Official Tree List of the City of South Miami shall not be considered as physical 34 barriers 35 36 (iv) ' " Vines, as defined under Section 20 -2.3 may be permitted on any physical barrier_ 37 Vines and hedges are limited to six (6) feet in height along front property lines, with exception 38 made for an ornamental entranceway. Vines and hedges along side and rear property lines may 39 exceed six feet `in height, but must be maintained and trimmed regularly. L, but in He ease shat 40 vine be allowed te erea4e a one hundfed per-eent epaoity situation for- that poi4ion of a physieal 41 ' in ne 42 All hedges and vines 43 located along property lines abutting a right -of -way, must be in conformity with the triangle of 44 visibility regulations as set forth in Section 20 -3.6 (G) 45 46 2 l 2 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this 3 ordinance are hereby repealed. 4 5 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason 6 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 7 the validity of the 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 day of , 2001 15 16 17 18 19 20 ATTEST: APPROVED: 21 22 23 24 CITY CLERK MAYOR 25' 26 27 1$t Reading- 28 2nd Reading 29 30 COMMISSION VOTE: 31 READ AND APPROVED AS TO FORM: Mayor Robaina: 32 Vice Mayor Felieu: 33 Commissioner Russell: 34 Commissioner Bethel: 35 Commissioner Wiscombe: 36 CITY ATTORNEY 37 38 39 40 41 42 43 44 NOTE; New wording underlined; wording to be removed indicated by strike - through. 45 3 -ter- -; 7i -, . ws: RESOLUTION NO. nAa —;-T 2 5 4 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. WHEREAS, The City's Land Development Code (Section 20- 3(H)(2) ) sets forth height limitations on fences, walls, gates, and trellises in residential areas. which regulations are also applicable to "hedges, vines and other natural vegetation"; and WHEREAS, property , owners who have hedges, ornamental vegetation, or landscaping exceeding these maximum heights are subject to code enforcement action including fines and penalties; and WHEREAS, it is 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; and WHEREAS, 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; and 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 LDC pertaining to the permitted height of hedges, vines and vegetation in residential areas shall be prepared by City staff and brought' forward to the Planning Board and the City Commission for review and consideration.. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24`h day of July, 2001, ATTEST: - APPROVED: r CITY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 Mayor Robaina: Vice -Mayor Feliu: Yea Yea pp Commissioner Russell: Yea Commissioner Bethel: Yea CITY ATTORNEY Commissioner Wiscombe: Yea -- M (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. grails. 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(M(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 4 (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 I 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. CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 18, 2001 beginning at 7:30 p.m., in the City Commission Chambers; 6130 Sunset Drive, to consider the following: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20.3.3(D) ENTITLED 'PERMITTED USE SCHEDULE. SECTION 20.3.4 (B) (5) ENTITLED" GASOLINE SERVICE STATIONS' AND SECTION 20-3.4 (B)(20) ENTITLED WOBILE AUTOMOBILE WASHMAX SERVICE' IN ORDER TO PROVIDE THE LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES. PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20. 4.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES 1N CONFLICT; AND PROVIDING AN EFFECTIVE DATE.' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3(8)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A < SPECIAL, USE APPROVAL TO LOCATE A GENERAL RESTAURANT '1909 CAFE' IN THE 'GR" GENERAL RETAIL ZONING USE DISTRICT,:' SPECIFICALLY LOCATED AT 5714 BIRD ROAD. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE -MO-, MEDIUM - INTENSITY OFFICE DISTRICT TO ' TODD (MU-5)', TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 700 STREET, ON THE EAST BY SW 59th PLACE, ON THE NORTH BY SW 69tH STREET, AND ON THE WEST BY SW 81st AVENUE. PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, , FLORIDA; RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(8) OF THE LAND DEVELOPMENT CODE FOR ASPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE `TODD (MU-5)',;TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED 'PERMITTED USE SCHEDULE, SECTION 20 -8.5 ENTITLED 'COMMERCIAL USE, AND SECTION 20.8.7 ENTITLED 'LIGHT INDUSTRIAL USE. IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE 'TODD- (Lt -4)" TRANSIT' ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES iN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY 'OFSOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20.3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Said ordinance can be inspected at 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 and will be heard. TaonettaTaybr, CMC City Clerk City of South Miami 1 n C a M M M m F. C3 M w °o r Pursuant to Florida Statutes 286.0105, the City hereby advises the public that 0 a person decides to r al any decision made by this Board, j Agency or Commission YON respect to any matter donstdered at its meeting or heaong, he or she Wnl need a record of the proceedings, and , Nat for such purpose. the affected person may need to ensure that a verbatim reconl of the proceedings is made which recc includes the N testmony and evidence upon which the appeal is to be based. CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14, 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 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Ms. Brenda J. Yates was sworn in as anew Planning Board member. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary): 1I1. Public Hearings PB -01 -012 APPLICANT: City of South Miami 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 -23 ENTITLED "DEFINITIONS AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow the existing' permitted use to be located in several of the office and commercial zoning districts, and in the SR Specialty Retail "Hometown" zoning district. Planning Board Meeting August 14, 2001 Speakers (Residents): David Tucker, Sr., Douglas Adams and George David The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance. Several concerns were raised by the Board and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns: running soapy water out of the establishments and down the streets; the impact on stormwater facilities resulting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100 200 ft); the operational hours and days; introduction of transient population into the neighborhood the noise originated by the air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The Board questioned whether the ordinance could self- destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible ° amendments to the proposed ordinance (with regard to the mobile vendors), which included: hours of operation from 9:00 AM to 5:00 PM; twice a week including Saturdays Sundays prohibited; a clause; to clarify that the provisions of this ordinance would not apply to residential areas, however, car wash operations only be for the benefit of the occupant of the property. Motion: Mr. Morton moved to defer the request in >order for staff to rework on the proposed ordinance as per the discussions and 'suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) 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 THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq. ft. to 44 sq. Ft. Staff noted that the proposed 2 f. Planning Board Meeting August 14,200i changes will have a citywide impact. would not change. Staff clarified that the existing 7.5 feet in height Applicant present: David J. Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers. The speakers also questioned the possibility of additional increase in the size of the sign in the future. The applicant explained the importance of this ordinance which will allow them to introduce an improved type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new sign will greatly improve communication in processing the drive -thru orders, reducing the need for the use of the loud speaker, and making the entire process much more effective. Motion: Mr. Mann moved for approval of the request and Ms. Yates seconded the motion Vote: Ayes 5 Nays 2 (Mr. Mann and Mr. Tllas) PB -01 -014 APPLICANT: 1909 Cafe, Inc. REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mr. Mann read the request into the record and staff presented the item relating to a request pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code for a Special Use approval to locate a general restaurant "1909 Cafe" in the "GR" General Retail Zoning Use District. The above - referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces -and trash collection. The applicant emphasized that the restaurant strictly serves cold sandwiches with no cooking involved, therefore the trash generated from the establishment mainly consists of disposable dinnerware. 3 Motion: Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2), that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms. Gibson seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -017 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 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL. CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT ; (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action; -Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami, Land Development Code (LDC) in order to make technical corrections that would allow the continuation of existing` permitted industrial uses in the "TODD- (LI -4)" Transit Oriented Development District (Light Industrial -4). With the adoption of an amendment to the LDC in 1997 which established a new zoning district (TODD), a number of light industrial uses were eliminated from locating in any zoning district within the City. Staff noted that the City Commission by Resolution No. 105 -01- 11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC in order to reinstate the light industrial uses as permitted uses in the TODD (LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same recommendation as proposed by staff. Speaker: David Tucker, Sr The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below) recommended for reinstatement, specifically those that use chemicals. 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 Radio and television repair shop Automobile repair and body shop Re- upholstery and furniture repair services Automobile upholstery and top shop Taxidermist 4 Planning Board Meeting August 14,`2001 Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet cleaning service Contractor plant and storage Lawn maintenance services Motion: Mr. Comendeiro moved approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Illas requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the original motion to approve the staffs recommendation. Vote Ayes 4 Nays 3 (Mr. Liddy, Mr. Mann and Mr. Illas). PB 01 -018 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 OF THE CITY OF SOUTH MIAMI'LAND DEVELOPMENT CODE, BY REVISING` SECTION 20- 3.6(H)(2) ENTITLED "PHYSICAL BARRIERS HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES 'AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING ' FOR ORDINANCES' IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Liddy read the request into the record and staff presented the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing for ornamental vegetation to extend over six (6) feet in height above grade in any required yard The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing the hedges to grow to an unlimited height, specifically along the front line of the property. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker: David Tucker, Sr. Motion: Mr. Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2) no limit on the height of the hedges for the rear and the sides of the property. ' Mr. Illas seconded the motion. Vote: Ayes 6; Nays 1 (Mr. Liddy) 5 Planning Board Meeting August 14, 2001 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of July 10, 2001. Vote: Ayes 7 Nays 0 VI. Discussion Items The Chairman announced that the next Planning Board meetings are scheduled for August 28th and September 11`", 2001. Staff noted that the September 11`x' meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25`' is the "tentative date for the joint Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10 :25 PM. R Llmmm K:\PB\PB Minutes12001 MinutesWNS 08- 14 -0Ldoc 6 'Excellence, Integrity; Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor & Date: September 18, 2001 and City Commission 40 From: Charles D. Scurr RE: Agenda Item # City Manager LDC Text Amendment TODD LI4 Uses Reguest: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA RELATING TO ANAMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE ", SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD- (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City Commission at its July 24, 2001 meeting adopted Resolution No. 105 -01 -11253 requesting the Planning Board to consider amending the LDC in order to reinstate certain light industrial uses as permitted uses in the TODD (Light Industrial —4) zoning district. 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. LDC Amendment TODD Permitted Uses September 18, 2001 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 , 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 appropriate that the LDC be amended as soon as possible. The attached draft ordinance contains the two amendments necessary to correct the situation as described above. The first is an amendment to the Permitted Use Schedule( Section 20- 3.3(D) in order to show that each of the 13 light industrial uses will be permitted in the TODD (LI -4) Zoning District. A second,amendment is proposed for the TODD Zoning district regulations (Sections 20 -8.5, and 20 -8.7). This would remove the reference which eliminates these uses from locating anywhere in a TODD district. The Planning Board at its August 14, 2001 meeting adopted a motion recommending approval of the proposed amendment. The motion to approve was made by Mr. Comendeiro and seconded by Mr. Ti Morton. The motion was adopted by a vote of 4 ayes and nays (Mr. Liddy, Mr. Mann and Mr. Illas). It is recommended that the attached draft ordinance be approved. on first reading. Draft ordinance Resolution; No. 105 -01 -11253 Public notices Planning Board Minutes, 8 -14 -01 CS /R& /SAY 18- 01\LDC Amend -TODD LI4 report.doe �� �. I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF 5 SOUTH MIAMI, FLORIDA RELATING TO ANAMENDMENT OF THE CITY OF 6 SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 (D) 7 ENTITLED "PERMITTED USE SCHEDULE " , SECTION 20 -8.5 ENTITLED 8 "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL 9 USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE 10 CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD- 11 (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) 12 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR 13 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the Planning and Zoning Department in conjunction with the Zoning Task Force 17 has initiated a program to update, clarify, and improve the provisions of the City's Land Development 18 Code and 19 20 WHEREAS, in 1997 the City adopted an amendment Section 20 -8 of the Land development 21 Code which established a new zoning district entitled "TODD ", Transit Oriented Development District; 22 and 23 24 WHEREAS, a section of the TODD regulations contains a description of the uses allowed 25 within TODD commercial areas and a reference to certain light industrial uses which would not be 26 allowed, however, the regulations did not provide that these industrial uses could continue to be located in 27 the new industrial zone, now called the TODD- (LI -4); and 28 29 WHEREAS, this oversight has effectively eliminated a number of light industrial uses from 30 locating in any zoning district within the City; and 31 32 WHEREAS, these eliminated uses, prior to the 1997 TODD Ordinance, were previously listed 33 as permitted uses in the same industrial area and some of these uses are currently existing , resulting in a 34 severe hardship for property owners and business owners who want to expand, renovate or renew their 35 licenses and certificates of use.; and 36 37 WHEREAS, based upon the hardships involved and the fact that this is a technical 38 correction, the Planning and Zoning Department and the Zoning Task Force have. recommended 39 that the LDC be amended by the initiation of an ordinance specifically amending the 40 TODD regulations and the Permitted Use Schedule; and 41 42 WHEREAS, the City Commission at its July 24, 2001 meeting adopted Resolution No. 105 - 43 01 -11253 directing the preparation and consideration of an appropriate amendment to the Land 44 Development Code; and 45 46 WHEREAS, on August 14, 2001, after Public Hearing regarding the proposed amendments to 47 Section 20- 3.3(D), Section 20 -8.5, and Section 20 -8.7 of the Land Development Code, the Planning 48 Board adopted a motion by a vote of 4 ayes and 3 nays recommending approval of the proposed 49 amendment; and 50 51 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board 52 and enact the aforesaid amendment. 1 (2) 2 3 4 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 6 7 Section 1 Section 20- 3.3(D), entitled, "Permitted Uses," of the South Miami Land 8 Development Code is hereby amended to read 9 10 Section 20 -3.3 (D) Permitted Use Schedule 11 BUSINESS AND PROFESSIONAL SERVICES Automobile rental agency ZONING DISTRICT 11 R L M N S G T T T T T H P P C P 11 0 0 0 R R R 0 O 0 O 0 I R O A 11 Automobile washing /detailing operations D D D D D N R USE TYPE Billiard parlor D D D D D D K 11 Carpet cleaning service M M L P P 11 Lawn maintenance services U, U I I R 11 Radio and television repair shop 4 5 4 P 11 BUSINESS AND PROFESSIONAL SERVICES Automobile rental agency P 11 Automobile repair & Body shop P 11 Automobile upholstery and top shop P 11 Automobile washing /detailing operations S 10 11 Billiard parlor P 11 Carpet cleaning service P 11 Lawn maintenance services P 11 Radio and television repair shop P 11 Re- upholstery and furniture repair services P 12 Taxidermist P 11 Pest control services P 11 Contractor plant and storage P 14 12 13 RETAIL AND WHOLESALE TRADE 1 _._ Used Merchandise Store: Vehicle Parts S 6 11 1 (3) 2 3 Section 2 Section 20 -8.5, entitled "(TODD) Commercial use of the South 4 Miami Land Development Code is hereby amended to read 5 6 20 -8.5 Commercial use. 7 8 The following classifications, uses, and corresponding parking requirements shall be permitted with the T.O.D.D.: 9 10 (A) Storefront uses, as indicated in section 20- 7.12. 11 12 (B) Office uses, as indicated in section 20 -7.12 and all uses in the Business and Professional Services Group as 13 indicated in section 20 -3.3, except the following uses shall not be permitted: 14 15 16 17 L.2. Bowling alley or skating rink. 18 19 20 Section 3 Section 20 -87, entitled "( TODD) Light industrial use" of the South Miami 21 Land Development Code is hereby amended to read 22 23 24 20 -8.7 Light industrial use. 25 26 The following uses are permitted in this category along with the required parking: 27 28 ` (A) All retail and wholesale trade uses as indicated in section 20 -3.3, except the following uses: 29 30 (1) Automobile dealers. 31 32 (2) Boat dealers. 33 34 (3) Gasoline service stations. 35 36 (4) Recreational vehicle dealer. 37 38 (5) Convenience store. 39 40 (6) Use merchandise, 41 42 (B) Manufacturing and intensive uses, as indicated in section 20 -3.3. 43 44 (C) Special conditions. Industrial uses are limited to the first floor only, but no higher than 20 feet. 45 46 47 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any 48 reason held invalid or unconstitutional by ,a court of competent jurisdiction; this holding shall not 49 affect the validity of the remaining portions of this ordinance. 50 51 Section .5 All ordinances or parts of ordinances in conflict with the provisions 52 of this ordinance are hereby repealed. 53 54 1 (4) 2 3 Section 6 This ordinance shall be effective immediately after adoption hereof. 4 5 6 PASSED AND ADOPTED this day of , 2001 7 8 ATTEST: APPROVED: 9 10 Tl 12 CITY CLERK MAYOR 13 14 COMMISSION VOTE: 15 READ AND APPROVED AS TO FORM: Mayor Robaina: 16 Vice Mayor Feliu: 17 Commissioner Russell: 18 Commissioner Bethel: 19 Commissioner Wiscombe: 20 CITY ATTORNEY 21 22 23 NOTE`: New wording underlined; wording to be removed indicated by strike - through 24 25 26 27 28 29 30 31 32 33 34 35 36 38 39 40 41 42 43 44 45 f i t RESOLUTION NO. 105 -01 -11253 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. WHEREAS, in 1997 the Cite adopted an amendment Section 20 -8 of the Land development Code which established a new zoning district entitled "TODD ", Transit Oriented Development District; and WHEREAS, a section of the TODD 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. however the regulations did not provide that these uses could continue to be located in the new industrial zone. now called the TODD- (LI -4); and WHEREAS. this oversight has effectively eliminated a number of light industrial uses from locating in any zoning district within the City; and WHEREAS. these eliminated uses, prior to the 1997 TODD Ordinance, were previously listed as permitted uses in the same industrial area and some of these uses are currently existing . resulting in a severe hardship for property owners and business owners who want to expand, renovate or renew- their licenses and certificates of use.; and WHEREAS, 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 of the TODD regulations and the Permitted Use Schedule. NOW, THEREFORE, BE iT RESOLVED BY THE MAYOR AND CITE` CO1LvI%­lISSION OF THE CITY OF SOUTH MI AN11. FLORIDA: Section 1. A draft ordinance, amending the Land Development Code of the City of South Miami, in order to make certain technical corrections to the TODD zoning district and to the Permitted Use Schedule, 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. Page 2 of Res. No. 105 -01 -11253 (2) ATTEST: APPROVED: r CITY CLERK r' MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice - Mayor Feliu: Yea ����- Commissioner Russell: Commissioner Yea • CITY ATTORNEY Bethel: Commissioner W°iscombe: Yea t"y l:L. r v E . The Herald SUNDAY, AUGUST 5, 2001 .. V COURTESY SUMMARY NOTICE CITY;OF.SOUTH MIAMI Planning and Zoning Department 6130. Sunset Drive, South Miami, Florida 33143 t Phone: (305) 663- 6326; Fax: (305) 666 -4591 On Tuesdax August 14,2001; at 7:30 P.M., the City of South Miami Ptannmg Boats will conduct Public Hearings_ in the City Commission Chambers at the above address on the following items. • ". 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 -2.3 ENTITLED "DEFINITIONS": AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE-WASH/WAX SERVICE." IN ORDER W. TO PROVIDE FOR DEFINITIONS AND SPECIFIC' STANDARDS FOR DIFFERENT TYPES OF.; MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; .PROVIDING -FOIT ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. " 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 THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN'.' SECTION 20- 4.3(1)(5} IN ORDER TO` INCREASE -THE MAXIMUM ALLOWABLE SIZE FOR A` FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY PROVIDING FOR't. ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ". RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,' FLORIDA, RELATING T.0 A REQUEST. PURSUANT TO SECTION .20- 3.4(B)(4)(b) OF THE IAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL' RESTAURANT "1909 CAFE" IN THE "GR" GENERAL =RETAIL ZONING USE 'DISTRICT; . SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. " AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF'SOUTH -MIAMI LAND`. DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3- ENTITLED' USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 r ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER IO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES.IN THE -TODD PROVIDING RIE N L ZONI GD STRICT; FORSEVERABILITY;PROVIDING FOR ORDINANCES IN { CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,' _ FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED "PHYSICAL' BARRIERS- HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. For more, information regarding these applications or any matter, please call (305) 663 -6326. All interested parties are urged to attend. Objections or expressions.of, approval may made in person at the hearing or filed in writing prior to .or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (FS 286:0105)'Refert6- ,b - -jng ntnitb'eF hen making any inquiry. , AM S NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI MIAMI DAILY BUSINESS REVIEW PLANNING AND ZONING DEPARTMENT 6130 SUNSET DRIVE; Published Daily except HoSaturday, id Sunday and SOUTH MIAMI, FLORIDA .33143 Legal Holidays Miami, Miami -Dade County, Florida PHONE: (305) 6634326;. FAX #:. (305) 66613591 STATE OF FLORIDA On Tuesday, August 14, 2001, at 7 :36 P.M. the City of South Miami COUNTY OFMIAMI -OADE: Planning Board will conduct Public Hearings in the City Commis- Before the undersigned author( sion Chambers at the above address on the following Items: g authority personally appeared SOOKIE WILLIAMS, who on oath says that she is the PB -01 -012 VICE PRESIDENT, Legal Notices of the Miami Daily Business Applicant:. City of South Miami Review f/Wa Miami Review, a daily (except Saturday, Sunday Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS. and Legal Holidays) newspaper, published at Miami In Miami -Dade -SIOt`tOFTHE-CITYflFSOUTH MIAMI; FLORIDA, RELATINGTO A RE- County, Florida; that the attached copy of advertisement, QUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOP- being a Legal' Advertisement of Notice in the matter of MENT CODE BY REVISING SECTION 20.2.3 ENTITLED 'DEFINI- TIONS" AND SECTION 20 -3.4 (20) ENTITLED "MOBILE AUTOMOBILE WASHIWAX SERVICE' IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR' WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVID- ING 'FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC- TIVE DATE. PB -01 -012 APPLICANT: CITY OF SOUTH MIAMI, ETC. PB -01 -013 Applicant: Corporate Property Services (McDonald's Corporation) in the XXXX Court, Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS - was published in said newspaper in the issues of SION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A RE- QUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOP- 08/03/2001 MENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CON- TAINED WITHIN SECTION 20= 4.3(I)(5)IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD;' PROVIDING FOR 'SEVERABILITY; PROVIDING FOR ORDI- Affiant further says that the said Miami Daily Business NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has PB -01 -014 heretofore been continuously published in said Miami- Dade County, Applicant: 1909 Cafe, Inc. r Florida, each day (except Saturday, Sunday and Legal Holidays) Request: RESOLUTION OF THE MAYOR AND CITY COMMIS- and has been entered as second class mail matter at the post SION OF THE CITYOF SOUTH MIAMI, FLORIDA, RELATING TO A RE- office in Miami in said Miami -Dade County, Florida, for a :QUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DE- period of one year next preceding the first publication of the VELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A attached copy of advertisement; and affiant further says that she GENERAL RESTAURANT '1909 CAFE " IN THE 'GR" GENERAL RE - as n ' er id nor promised an TAIL ZONING USE (DISTRICT, SPECIFICALLY LOCATED AT 5714 p p y person, firm or corporation BIRD ROAD DRIVE. any isco int rebate, commission or refund for the purpose O's uriiI nis adver iseiltent for publication in the said PB -01 -017 new ap .. Applicant: City of South Miami " Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS- SION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED 'PERMITTED USE Sworn to and subscrib before me this SCHEDULE SECTION 20.8.5 ENTITLED 'COMMERCIAL USE', AND SECTION' 20 -8.7 ENTITLED 'LIGHT INDUSTRIAL USE ", IN ORDER 03 da of AU 1 MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CON - TINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI.4)' TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT' INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND (SEAL) PROVIDING AN EFFECTIVE DATE. OFFICIAL NOTARY SEAL JANETL' LLERENA PB -01 -018 SOOKIE WILLIAMS personally Applicant: City of South Miami �Ri f}1tR1nIflJi3L1CSTATEOFFLORIDA Request: AN ORDINANCE OF THE MAYOR AND CITY COMMIS - COMMISSION NO. CC 912958 SION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN MY COMMISSION FXP. JUNE 24,2004 AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.6(H)(2) ENTITLED 'PHYSICAL BARRIORS- HEIGHT LIMITS" TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. For more information regarding these applications or any matter, _ please: call (305) 663.6326 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writ - ing to the address indicated above. You are hereby advised that if any person desires to appeal any deci- sion made with respect to any matter considered at this meeting or hear- ing, such person will need a record of the proceedings, and for such pur- pose 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 IRS: 286.0105). Refer to hearing number when making any inquiry. 4 01- 3- 68/186022M CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the C4 of South Viank Florida will conduct Public Hearings at its regular City Commission meeting scheduled forTuesday, September 18, 2001 beginning at 7:30 p.m., i in the City Commission Chambers, 6130 Sunset Drive, to consider the following: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20.3.3(D) ENTITLED 'PERMITTED USE SCHEDULE. SECTION 20 -3.4 (B) (5) ENTITLED 'GASOLINE SERVICE STATIONS' AND SECTION 20.3.4 (8)(20) ENTITLED "MOBILE AUTOMOBILE WASHIWAX SERVICE" IN ORDER TO PROVIDE THE LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES. PROVIDING FOR SEVERABILMY. PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 204.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20•3(B)(4)(b)`OF THE LAND DEVELOPMENT CODE FOR A SPECIAL. USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE IN THE "GR' GENERAL RETAIL ZONING" USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND p DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE DISTRICT TO "TODD (MU -5) -. ` TRANSIT 'ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1'i THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION; SAID SITE BEING 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. PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20-8.9(B) OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE A LARGE SCALE DEVELOPMENT USE IN THE 'TODD (MU-5)', TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKNG SPACES WHERE 'A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK FOR THE AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15; LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOR AN EFFECTIVE DATE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20.2.3 ENTITLED "PERMITTED USE SCHEDULE", SECTION 20 -8.5 ENTITLED "COMMERCIAL USE", AND SECTION 20-8.7 ENTITLED 1IGHT INDUSTRIAL USE". IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE 'TODD- (Lt -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING' AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20- 3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES USED AS FENCING, SCREENING OR LANDSCAPING, PROVIDING. FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Said ordinance can be inspected at the City Clerk's Office, Monday - Fnday 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 and will be heard: Ronetta Taylor, CIVIC City Clerk N 1 I f� 1 C S rn m M rn m m ro 0 oty of South Miami ° Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person deddes to appeal any dedsjon made by this Board, j Agency or Commission with respect to any matter considered at its meeting or hearing, he or she wi need a record of the proceedings, and , w that for such purpose; the affected person ma need to ensure that a �rballm record of the proceedings is made which record indudas the N tesimorry and. evidence upon which the appeal is to be based.. CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 14 2001 City ty 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 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Ms. Brenda J. Yates was sworn in as a new Planning Board member. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. `Morton, Ms. Gibson, Mr. Juan Comendeiro and Ms. Yates. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -012 APPLICANT: City, of South Miami 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 -2.3 ENTITLED "DEFINITIONS AND SECTION 2014 (20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and Mr. Lorber presented the item noting that the adoption of the proposed ordinance would allow the existing permitted use to be located in several of the office and commercial zoning districts, and in the SR Specialty Retail "Hometown" zoning district. Planning Board Meeting August 14, 2001 Speakers (Residents): David Tucker, Sr., Douglas Adams and George David. The Board and staff discussed the proposed ordinance. Several speakers expressed their opinion in opposition to certain aspects of the proposed ordinance. Several concerns were raised by the Board and the speakers regarding the proposed ordinance, mainly relating to the impact of the mobile operation. The following are some of the expressed concerns: running soapy water out of the establishments and down the streets; the impact on stormwater facilities resulting in a financial burden on residents and business owners of the City; the distance from an adjacent residential zoning district, (100- 200; ft); the operational hours and days; introduction of transient population into the neighborhood; the noise originated by the air compressors; the operation possibly becoming an accessory to small businesses; ability of the City to enforce the ordinance; control over the different vendors in each establishment. The Board questioned whether the ordinance could self- :destruct after one year. Staff explained that an ordinance cannot "sunset ", however, reconsideration of that section could be accomplished through proper zoning amendment procedure. The Board and staff discussed possible amendments to the proposed ordinance (with regard to the mobile vendors), which included: hours of operation from 9:00 AM to 5:00 PM; twice a week including Saturdays; Sundays prohibited; a clause to clarify that the provisions of this ordinance would not apply to residential areas, however, car wash operations only be for the benefit of the occupant of the property: Motion: Mr. Morton moved to defer he request in order for staff to rework on the proposed ordinance as per the discussions and suggestions expressed during this meeting. Mr. Comendeiro seconded the motion. Vote: Ayes 7 Nays 0 PB -01 -013 APPLICANT: Corporate Property Services (McDonald's Corporation) 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 THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20- 4.3(I)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the item, explaining the purpose of the proposed ordinance is to increase the maximum allowable size of free standing menu board signs from 35 sq. ft. to 44 sq. Ft. Staff noted that the proposed 2 Planning Board Meeting August 14, 2001 changes will have a, citywide impact. Staff clarified that the existing 7.5. in height would not change. Applicant present: David J. Felton, representing McDonald's Corporation. Speaker: David Tucker, Sr. and Douglas Adams. The Board and staff discussed the proposed ordinance. The speakers expressed concern as to whether the increase in the size of the sign will result in a similar increase in the volume of the speakers. The speakers also questioned the possibility of additional increase in the size of the sign in the future. The applicant explained the importance of this ordinance which will allow them to introduce an improved type of sign bearing all the advantages of the latest technology in the field. The applicant also stated that the new sign will not have the volume of the speakers increased. The applicant noted that the new sign will greatly improve communication in processing the drive -thru orders, reducing the need for the use of the loud speaker, and making the entire process much more effective. Motion: Mr. Mann moved for 'approval of the request and Ms. Yates seconded the motion. Vote: Ayes 5 Nays 2 (Mr. Mann and Mr. Illas)` PB -01 -014 APPLICANT: 1909 Cafe, Inc. REQUEST: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN ` THE "GR GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action: Mr. Mann read the request into the record and staff presented the item relating to a request pursuant to. Section 20- 3.4(B)(4)(b) of the Land Development Code for a Special Use approval to locate a general restaurant "1909 Cafe" in the "GR" General Retail Zoning Use District. The above- referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. Applicant present: Mario Trevilla, 1909 Cafe, Inc. The Board and staff discussed the proposed application. Among the issues discussed were parking spaces and trash collection. The applicant emphasized that the restaurant strictly serves cold sandwiches with no cooking involved, therefore the trash generated from the establishment mainly consists of disposable dinnerware. Planning Board Meetina August 14, 2001 Motion Mr. Mann moved approval of the request with the following conditions (1) that the trash be removed through the rear door and collected as frequently as necessary; (2) that the trash from the dumpsters be picked up twice a week; and, (3) that no overflowing dumpsters will be permitted. Ms. Gibson seconded the motion. Vote: Ayes _7 Nays 0 PB -01 -017 APPLICANT: City of South Miami REQUEST: AN ORDNANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20 -8.5 ENTITLED "COMMERCIAL USE ", AND SECTION 20 -8.7 ENTITLED "LIGHT INDUSTRIAL USE ", IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES N THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL-4) ZONING DISTRICT; PROVIDNG FOR SEVERABILITY; PROVIDING'FOR ORDINANCES N CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the request into the record and staff presented the item to amend the City of South Miami Land Development Code ,(LDC) in order to make technical corrections that would allow the continuation of existing permitted industrial uses in the "TODD- (LI -4)" Transit Oriented Development District (Light Industrial -4). With the adoption of an amendment to the LDC in 1997 which established a new zoning district (TODD), a number of Iight industrial uses were eliminated from locating in any zoning district within the City. Staff noted that the City Commission by Resolution No. 105-01 - 11253 dated July 24, 2001, requested the Planning Board to consider amending the LDC'in order to reinstate the light industrial uses as permitted uses in the TODD (LI -4) zoning district. Also, a subcommittee of the City's Zoning Task Force has also endorsed the same CP recommendation as proposed by staff. Speaker: David Tucker, Sr. The Board and staff discussed the proposed ordinance. The Board expressed concerns regarding some of the 13 uses (listed below) recommended for reinstatement, specifically those that use chemicals.' 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 Radio and television repair shop Re- upholstery and furniture repair services Taxidermist 4 Planning Board Meeting August 14, 2001 Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store: vehicle parts Carpet cleaning service Contractor plant and storage Lawn maintenance services Motion: Mr. Comendeiro moved approval of the request. Mr. Mann seconded the motion. After some discussion on the motion, Mr. Mann moved to withdraw his second to the motion. Mr. Illas requested an amendment to include the following as Special Uses: (1) Taxidermist; and (2) Pest control services. Mr. Comendeiro did not accept the amendment. Mr. Morton then seconded the original motion to _approve the staffs recommendation. Votes Ayes 4 Nays 3 (Mr. Liddy, Mr. Mann and Mr. Illas). PB- 01 -018 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 OF THE CITY OF SOUTH MIAMI °LAND DEVELOPMENT CODE, BY REVISING: SECTION 20 3.6(H)(2) ENTITLED "PHYSICAL BARRIERS- HEIGHT LIMITS TO PERiMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING;- PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE' DATE. Actions Mr. Liddy read the request into the record and staff presented the item, which will eliminate the height limit of the hedges surrounding the property line; and allowing for ornamental vegetation to extend over six (6) feet in height above grade in any required yard. The Board and staff discussed the proposed ordinance. The Board was not in favor of the idea of allowing -the hedges to grow to an unlimited height, specifically along the front line of the propert y. The Board felt that the overgrown hedges would not be aesthetically pleasing, and would promote isolation among the neighbors. Speaker: David Tucker, Sr. A/lotion: Mr. Comendeiro moved approval of the ordinance with the following changes: (1) limit the height of hedges to six feet along the full (100 %) of the front line of the property, with an exception for an ornamental entranceway; and, (2), no limit on the height of the hedges for the rear and the sides of the property. Mr. Illas seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Liddy) 5 Planning Board Meeting August 14, 2041 V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of July 10, 2001. Vote: Ayes 7 Nays 0 VI. Discussion Items The Chairman announced that the next Planning Board meetings are scheduled for August 28`h and September I Ith, -2001. Staff noted that the September 11`x' meeting might need to be cancelled due to a conflict with the budget hearing. It was also noted that September 25`h is the tentative date for the joint Zoning Task Force workshop with the Planning Board, Environmental Review and Preservation Board, Historic Preservation Board, and including members of the City Commission VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 10:25 PM. h R LLmmm K:TB\PB Minutes\2001 MinuteS`AlW 08- 14- 01:doc 6 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: September 18, 2001 and City Commission From: Charles D. Scurr Re: Agenda Item #"'' City Manager Poo LDC Rezoning: MO to TODD(MU -5) Shoal Creek Properties Request AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO", MEDIUM- INTENSITY OFFICE DISTRICT TO "TODD(MU -5)' , TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant is requesting a rezoning of a 2.81 acre property as legally described above in order to construct a six story residential apartment building with 294 dwelling units and 6,812 square feet of commercial space. According to the information submitted with the application, the floor area ratio (FAR) for the proposed project will be 2.53. The apartment building, to be called "University Place at South Miami ", is designed to cater to graduate and married students of the University of Miami and you professionals who are looking for the convenience of the Metro- Rail and have easy access to most necessities within walking distance. The current zoning on the subject property is "MO" Medium- Intensity Office Use District, which allows office development up to a maximum of four (4) stories, with a "1.6 floor area ratio. In order to develop the property as described above, the applicant is requesting a zone change LDC Rezoning Shoal Creek Properties September 18, 2001 Page 2 of 8 for the property to the "TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District. The current TODD(MU -5) Zoning District permits residential and commercial uses, allows up to eight stories in height (by bonus) and does not limit development with a maximum floor area ratio or units per acre formula. COMPREHENSIVE PLAN AMENDMENT STATUS Prior to this rezoning request, the applicant was required to initiate the process to amend the Future Land Use category for the site. This separate action was necessary due to the 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. The height and density restrictions of that category mandated a change to the Transit Oriented Development District Future Land Use Category. The applicant did submit the appropriate Comprehensive Plan amendment in June, 2001. The Planning Board, acting in its capacity as the Local Planning Agency, conducted a public hearing on the application at its July 10, 2001 meeting. At that time the Board recommended approval (5 -0) of the application with the following condition: "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. 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. " The City Commission held a public hearing on the proposed amendment at its July 24, 2001 meeting. At that time, the Commission voted to approve the application on first reading and accepted that portion of the Board's recommendation calling for the rezoning application to be processed prior to the final adoption of the Comprehensive Plan amendment. In order to provide the City with a maximum opportunity to review the project in detail, it was felt that the final reading and approval of the Comprehensive Plan amendment should be held until the rezoning application could be reviewed. The rezoning process and the review of a submitted detailed site plan is the appropriate mechanism to place limitations or conditions on a development project. During the zoning district change process 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. LDC Rezoning Shoal Creek Properties September 18, 2001 Page 3 of 8 SITE ANALYIS 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 61" 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. Surroundiniz Parcels APPLICABLE REGULATIONS The proposed project is subject to standards specifically set forth in the "TODD (MU -5)" Transit Oriented Development District (Mixed Use -5) zoning district, LDC Sections 20 -8.1 through 20- 8.17 These include uses permitted' height, density, dwelling unit size (minimum), off- street parking, setbacks, public spaces, arcades, architectural, and landscaping. In addition, a special exception provision in the TODD regulations also requires that any new development built in the zoning district exceeding 40,000 square feet must be reviewed by the Planning Board and City Commission using .the special use approval process. The special exception is considered a separate application (PB- 01.016) which should be reviewed simultaneously with this rezoning application. The special exception application procedure also allows for consideration of modifications (exceptions) to the standards specified in the TODD district. The applicant is requesting two minor modifications which are explained in the site plan analysis following and in the separate application for special exception approval DEVELOPMENT / SITE PLAN ANALYSIS 1. Uses Permitted: The applicant is building a residential building with limited commercial uses on the ground floor facing SW59th Place. The TODD (MU -5) permits commercial and residential uses. Comprehensive Plan 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 ermitted Mostly 4 stories West Mixed Use Commercial/ IF Hospital/ height compatible Hospital parking lot Residential w/ surrounding area APPLICABLE REGULATIONS The proposed project is subject to standards specifically set forth in the "TODD (MU -5)" Transit Oriented Development District (Mixed Use -5) zoning district, LDC Sections 20 -8.1 through 20- 8.17 These include uses permitted' height, density, dwelling unit size (minimum), off- street parking, setbacks, public spaces, arcades, architectural, and landscaping. In addition, a special exception provision in the TODD regulations also requires that any new development built in the zoning district exceeding 40,000 square feet must be reviewed by the Planning Board and City Commission using .the special use approval process. The special exception is considered a separate application (PB- 01.016) which should be reviewed simultaneously with this rezoning application. The special exception application procedure also allows for consideration of modifications (exceptions) to the standards specified in the TODD district. The applicant is requesting two minor modifications which are explained in the site plan analysis following and in the separate application for special exception approval DEVELOPMENT / SITE PLAN ANALYSIS 1. Uses Permitted: The applicant is building a residential building with limited commercial uses on the ground floor facing SW59th Place. The TODD (MU -5) permits commercial and residential uses. LDC Rezoning Shoal Creek Properties September 18, 2001 Page 4 of 8 2. Density- Number of Dwelling Units: The proposed development will have 294 dwelling units or a density of 104 dwelling units per acre. The TODD (MU -5) regulations specify that any number of units may be permitted as long as parking is provided. In previous reports the staff has maintained that it is important to ensure that the ultimate residential density for the site does not become excessive. Residential infill projects 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. In fact, the number of units being proposed is less than the maximum development parameter of 300 total units set forth by the Planning Board during the Comprehensive Plan review (July). 3. Density- Floor Area Ratio: The applicant's proposed floor area ratio is 2.53 The TODD (MU -5) regulations does not specify a maximum FAR. It is important to note that after considerable study ` the City's Zoning Task Force recommended the use of the floor area ratios in TODD as the primary method to limit density. The recommended formula is based upon the height district in which a site is located; 3 story height districts -1.6 FAR; , 6 story (4 +2) height districts- 2.5 FAR; 8 (4+4): story height districts 3.0 FAR. Although this change in the regulations is yet to be adopted by the City, the developer's proposal is in line with the recommendations that will be considered. 4. Dwelling Units- Minimum Floor Area: _The applicant's proposal indicates a range of dwelling unit types, including 28 efficiency /studio units (Type E); 65 one- bedroom units; 165 two - bedroom units; and 36 three - bedroom units. The TODD regulations (Sec. 20 -8.4) currently mandate that apartment units must have a minimum floor area (efficiency /studio- 400sq.ft.; one bedroom -550 sq. ft.; two bedroom -700 sq. ft; three bedroom -850 sq'. ft.). All of the proposed units exceed the minimum required square footage. 5. Dwelling Units Minimum ..Average Size The applicant's proposal provides that the average size for all of the dwelling units is 870 square feet. The TODD district regulations do not require a minimum average size for dwelling units. During its most recent deliberations City's Task Force recommended that residential developments in the TODD district must maintain a minimum average dwelling unit size of 800 square feet. It was felt that this standard would assure a quality level of dwelling units in residential projects. 6. Building Height The applicant is proposing to build a six (6) story building. The TODD (MU -5) limits building: heights in this district to four stories plus up to four additional stories if certain development actions or design standards are met (Sec. 20- 8.10). A developer may gain a bonus of one additional floor of residential uses for every floor of residential uses proposed. The University Place project, as proposed, could utilize a bonus of four additional floors, allowing for an 8 -story building, however, the current application is limited to six stories. The maximum' height of six stories (4 + 2 bonus stories) for this block is one of the modifications being recommended for the TODD district by the Zoning Task Force. In addition, the Planning Board as part of its Comprehensive Plan review, also LDC Rezoning Shoal Creek Properties September 18, 2001 Page 5 of 8 set six stories as a development parameter for this site. 7. Parking Requirements -The ' applicant is providing 550 total parking spaces, which includes 526 spaces in an attached six story garage, and 24 spaces located on street. The current TODD district parking requirement for this project (including a bonus reduction for providing arcade space), is 585) spaces. The applicant is requesting, as part of the separate special exception application, that a modification of the parking requirement be approved. (See PB-0 1 -0 16) 8. Building Placement (Setbacks, Lot Coverage) The applicant's proposed building covers the entire site; ground level setbacks are zero are on SW 61s' Ave. and SW 59th Pl., I'l F' on SW 70th Street, 7'2" on the west portion of SW 69h Street and 0' on the east portion of SW 691h Street (garage).The TODD district (Sec. 20-8.17 —Regulating Plan) allows for 100% lot coverage and "0 "setback on the front or street side section of a building. The staff is concerned that the garage portion of the building lacks appropriate buffering which could be achieved through additional setback, landscaping or other design features. (See Staff Observations) The regulations also require a 20-foot building line setback beginning on the 5th floor and above. The applicant's plans do not reflect this setback. 'The applicant is requesting, as part of the separate special exception application, that this requirement waived. (See PB-0 1 -0 16) 9. Building Design: The applicant is proposing a building, which will occupy the full site (block), with internal courtyards providing amenities for the residents of the building. The entrance lobby and commercial first floor spaces are appropriately located. A pedestrian arcade on the 59th Place street frontage is proposed.. The six story garage with an exit/entrance on 69th Street, is located facing the low-rise residential community to the north. 10. Architectural Standards: The proposed building is designed in the Mediterranean Architectural style, containing typical elements such as arcades, decorative stucco trim, Spanish roof tile, decorative roof features, balconies, etc. Basic construction materials are identified in the site plan. The project will be reviewed by the City's ERPB for compliance with architectural standards required in the TODD district.. 11. Landscaping/ Streetscape The applicant has submitted the required Planting/Landscaping Plan and a Drainage/Stormwater Plan as part of the submitted Site Plan. The internal landscaping features and the exterior landscaping proposed at ground level in front of the residential units is appropriate and will add to the attractiveness of the building. The applicant, as part of a streetscape plan, is proposing special triangular street curbing, which will provide tree planting space and delineate on street parking. The Department is concerned that the streetscape proposed by developer does not conform to the recently adopted Community Redevelopment Area Streetscape Standards. (See Staff Observations) LDC Rezoning Shoal Creek Properties September 18, 2001 Page 6 of 8 STAFF OBSERVATIONS 1. The proposed rezoning will City's Comprehensive Plan. be consistent with and supports the goals and policies of the 2. 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. 3. The property is located in the Community Redevelopment Area. The rezoning is consistent with the goals and objectives of the CRA Board. 4. The proposed rezoning is consistent with the recommendations of the Zoning Task Force for this site. The Task Force's subcommittee on TODD has carried out considerable study on the district that will be presented to the City Commission at a workshop in September. The applicant's proposal is consistent with the following Task Force policy recommendations: a) This block be included in the TODD land use category and TODD zoning district; b) The subject block shall be included in a maximum six story height district allowing for 4 stories plus 2 stories earned as a bonus; c) All new residential multi- family buildings shall maintain an average dwelling unit size of 870 square feet; d) The floor area ratio in a TODD six story height district shall be 2.5. 5. The six story parking garage with an exit/entrance on SW 69th Street, is located facing the low -rise residential community to the north. The staff is concerned that the garage portion of the building lacks appropriate buffering which could be achieved through additional setback, landscaping or other design features. 6. The applicant, as part of a streetscape plan, is proposing special triangular street curbing, which will provide tree planting space and delineate on street parking spaces. The staff is concerned that the streetscape proposed by developer does not conform to the recently adopted Community Redevelopment Area Streetscape Standards. 7. The applicant is required via a separate application process to obtain special exception approval to construct a large scale development in a TODD zoning district. As part of that application the applicant is requesting 2 special exceptions to modify regulations pertaining to parking spaces and building setback. These requests are reviewed in separate report. (PB- 01 -016) on this agenda. PLANNING BOARD RECOMMENDATION The Planning Board at its August 28, 2001 meeting adopted a motion recommending approval of the proposed rezoning with following conditions: 1) the applicant shall provide a minimum three -foot buffer between the garage (north side) and the sidewalk; (2) applicant to redesign the LDC Rezoning Shoal Creek Properties September 18, 2001 Page 7 of 8 proposed streetscape elements in order to conform to the Community Redevelopment Area Streetscape Plans for the area; (3) the entrance to the parking garage to be moved to the west; and, (4) storefront delivery /service, to comply with City ordinances. The motion to approve was made by Mr. Comendeiro and seconded by Ms. Yates. The motion was adopted by a vote of 5 ayes and 0 nays. RECOMMENDATION It is recommended that the proposed rezoning request from "MO" to "TODD MU -5)" be approved on first reading subject to the following conditions, as set forth by the Planning Board and the City Administration: (l) The proposed development shall be as shown on the submitted Site Plan, dated August 10, 2001, as may be'modified by revisions required by conditions set forth in this section; (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth in the Land Development Code; (3) Applicant to submit a Unity of Title document as required by LDC Section 20 -8.16; (4) Applicant shall provide a minimum three -foot buffer between the garage (north side) and the sidewalk; (5) The entrance to the parking garage to be moved as far to the west as possible; (6) Storefront delivery / service, to comply with City ordinances. (7) Applicant to redesign the proposed streetscape elements in order to conform to the City's street tree requirements and the Community Redevelopment Area Streetscape Plans for the area, as follows: • Along SW 59th Place, SW 69th Street, and SW 61St Avenue, the triangular "bulbouts" containing street trees shall be squared off or rounded, and either redesigned to incorporate continuous curb and gutters; or, alternatively, a covenant must be executed by the property owner to maintain in perpetuity the gutter area between the existing curbing and the self - contained landscape islands. • For the portion of 70t" Street between SW 61St Avenue and the building entrance, the above referenced plan for bulbout landscape islands shall be incorporated, thus providing additional on- street parking and the required street trees. • For the portion of 70th Street between the building entrance and SW 59th Place, the sidewalk shall be widened to provide eight (8) feet of sidewalk, said sidewalk to incorporate street trees in tree grates, thereby providing the street trees required by the Land Development Code wile allowing a minimum five (5) foot unobstructed pedestrian passageway as required by the Americans with Disabilities Act (ADA). o ,� 1 �rf x, dy, v t t•ry n a ixi^.. _ i " LDC Rezoning Shoal Creek Properties September 18, 2001 Page 8 of 8 The second reading of this rezoning ordinance will be scheduled to follow second final reading of the Comprehensive plan Future Land Use Map Amendment for the same project and site. Attachments: Proposed ordinance Application Letter oflntent Location map Property Owner Consent Forms Site plan Survey (6- -1 -01) Copies of Public Notices (3) Planning Board Minutes 8 -28 -01 CSIra (— USAY KAComm Items\200 1 \9- 18-0 1 \Rezoning Shoal Creek Report.doc 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 6 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH 7 MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING 8 USE DISTRICT FROM THE "MO ", MEDIUM- INTENSITY OFFICE 9 DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT 10 DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS 11 LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE 12 SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W. 13 70TH STREET, ON THE EAST BY SW 59TH PLACE, ON THE NORTH BY 14 SW 69TH STREET, AND ON THE WEST BY SW 61ST AVENUE; 15 PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN 16 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 17 18 19 WHEREAS, Application No. PB -00 -015 was submitted to the Planning and Zoning Department 20 by Shoal Creek Properties L.L.C., said application requesting to amend the official zoning map of the 21 City of South Miami by changing the zoning use district for property legally described as Lots l through 22 25 Block 15, Larkins Townsite Subdivision, said site being bounded on the south by S.W.. 70th Street, on 23 the east by S.W. 59`' Place, on the north by S.W. 69th Street, and on the west by S.W. 61St Avenue from 24 "MO" Medium - Intensity Office Use District to "TODD (MU -5) ", Transit Oriented Development 25 District (Mixed -Use 5) Use District.; and 26 27 WHEREAS, the purpose of the change of zoning is to permit the construction of a six 28 story residential apartment building with 294 dwelling units and 6,812 square feet of commercial 29 space; and 30 31 WHEREAS, the proposed rezoning is consistent with the Amended Future Land Use Map of the 32 City of South Miami Comprehensive Plan; and 33 34 WHEREAS, after review and consideration, the Planning and Zoning Department recommended 35 approval of the application with conditions; and 36 37 WHEREAS, on August 28, 2001, after Public Hearing regarding the proposed rezoning 38 application, the Planning Board recommended approval with conditions by a vote of (5 -0); and 39 40 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board 41 and enact the aforesaid amendment. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 44 OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 Section I That the City's Official Zoning Map shall be amended by changing the zoning on 47 properties for property legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, 48 said site being bounded on the south by S.W.. 70th Street, on the east by S.W. 59t1' Place, on the north by 49 S.W. 69"' Street, and on the west by S.W. 61st Avenue from "MO" Medium- Intensity Office Use District 50 to "TODD (MU -5) ", Transit Oriented Development District (Mixed -Use 5) Use District, said rezoning to 51 be subject to the conditions specified in Section 2 of this ordinance. 52 2 1 Section 2 That the above change of zoning is subject to the following conditions: 2 3 (1) The proposed development shall be as shown on the submitted Site Plan, dated August 10, 4 2001, as may be modified by revisions required by conditions set forth in this section; 5 6 (2) Applicant shall submit a mitigation plan for tree removal and canopy replacement as set forth 7 in the Land Development Code; 8 9 (3) Applicant to submit a Unity of Title document as required by LDC Section 20 -8.16; 10 11 (4) Applicant shall provide a minimum three -foot buffer between the garage (north side) and the 12 sidewalk; 13 14 (5) The entrance to the parking garage to be moved as far to the west as possible; 15 16 (6) Storefront delivery / service, to comply with City ordinances. 17 18 (7) Applicant to redesign the proposed streetscape, elements in order to conform to the City's 19 street tree requirements and the Community Redevelopment Area Streetscape Plans for the 20 area, as follows: 21 22 • Along SW 59th Place, SW 69th Street, and SW 61St Avenue, the triangular "bulbouts" 23 containing street trees shall be squared off or rounded, and either redesigned to 24 incorporate continuous curb and gutters; or, alternatively, a covenant must,be executed by 25 the property owner to maintain in perpetuity the gutter area between the existing curbing 26 and the self - contained landscape islands. 27 • For the portion of 70th Street between SW 61st Avenue and the building entrance, the 28 above referenced plan for bulbout landscape islands shall be incorporated, thus providing 29 additional on- street parking and the required street trees. 30 • For the portion of 70th Street between the building entrance and SW 59th Place, the 31 sidewalk shall be widened to provide eight (8) feet of sidewalk, said sidewalk to 32 incorporate street trees in tree grates, thereby providing the street trees required by the 33 Land Development Code while allowing a minimum five (5) foot unobstructed pedestrian 34 passageway as required by the Americans'with Disabilities Act (ADA). 35 36 37 Section 3 The change of zoning adopted by this ordinance shall be reflected on all Regulating 38 Plan Graphic illustrations contained in Section 20 -8.17 of the Land Development Code. 39 40 41 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held 42 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 43 the remaining portions of this ordinance. 44 45 46 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance 47 are hereby repealed. 48 49 50 1 2 3 Section 6 This ordinance shall be effective immediately after the adoption hereof. 4 5 6 7 PASSED AND ADOPTED this day of , 2001 8 9 10 11 ATTEST: 12 13 14 15 CITY CLERK 16 17 1" Reading — 18 2nd Reading — 19 20 READ AND APPROVED AS TO FORM: 21 22 23 24 25 CITY ATTORNEY 26 27 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 3 City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida' 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: S.W. 7e Street & 61 Ave. Lot(s) 1 -25 Block 15 Subdivision Larkin Townsite PB 2-105 Meets & Bounds: See Attached Exhibit "A" Applicant: Shoal Creek Properties, LLC "Phone: (305):859 -8420 Representative: Joseph G. Goldstein, Esq. Organization: Akerman, Senterfitt & Edison, P.A. Address: One S.E. P Street, 2e Fl. Phone: (305) 755 -5855 Miami, Florida 33133 Property Owner: See Attached Exhibit "B" Signature: Mailing Address: 2665 S. Bayshore Drive, 702 Phone: (305) 859 -8420 Coconut Grove, Fl. 33133 Architect/Engineer: Mouriz, Salazar & Assoc, Inc. Phone: (305) 273 -9911 Miami, Florida 33156 AS THE APPLICANT, PLEASE INDICATE YOUR' RELATIONSHIP TO THIS PROJECT: X 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 X Letter of intent, _ Zoning Map Amendment ,Special Use X Justifications for change✓ PUD Approval XSpecial Exception _ Statement of hardship _ PUD Major Change _Other X Proof of ownership or �fter from owner Power of attorney Briefly explain application and cite specific Code sections: X Contract to purchase ✓ X Current survey (1 original sealed and✓ In accordance with section 20- 8.9'(B) 1. this development is in excess of 40,000 square feet and qualifies as a large scale use that requires' review by the Planning Board via thespecial permit process. i nedf1 reduced co 11" x 1 T s copy g @ ) d X 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" X 20% Property owner signatures r/ Section: 20 Subsection: 5_8 Page #: 111 Amended Date: April 2000 X Mailing labels (3 sets) and map X Required Fee(s) e dersigneg his completed application and represents that the information and all submitted materials are true and correc to the blicant's know ledge and belief. July 13, 2001 plicant's Signature and title U Date Upon receipt, applications 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 AKERMAN SENTERFITT ATTORNEYS AT LAW SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE, 2811+ 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 July 13, 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") / Letter of Intent and Filing of Application to Transit- Oriented Development District (TODD) MU -5 and Request for Special Exception Approval Dear Mr. Lorber This constitutes letter of intent of Shoal Creek accompaning the filing of an application to rezone the ` 2.8 net acre vacant and unimproved property located at the northwest corner formed by the intersection of S.W. 59`" Place and S.W. 70"' Street, which is legally described in Exhibit A (the "Property "), from MO to TODD MU -5 and seeking an associated Special Exception approval as required pursuant to section 20 -8.9 of the City of South Miami Land Development Code. As you may be aware, Shoal Creek has filed an application to amend the City's Comprehensive Plan / Future Land Use Map as it affects the Property from Mixed Use Commercial/Residential to 'TODD. That application was recently heard and unanimously recommended for approval by the City's Planning Board., and will be considered by the City Commission for the first time on July 24, 2001. Shoal Creek has spent over a year and a half assembling parcels of land and has, at this time, either acquired or has contracts to purchase the entire City block ' - - Its intent is to develop the property with a mixed -use structure containing approximately 31 residential dwelling units, 7,056 square feet of retail and office space and a 537 space parking structure. This application is being provided with the intent that it too will be considered by the Planning Board in due course and will be heard on second reading simultaneously with the second reading of the pending Comprehensive Plan amendment. 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 its parking lot to the west; a condominium development (Lee Park) to the north; and the 117 room {M1679267;2) AKERMAN, SENTERFITT & EIDSON, P.A. FORT LAUDERDALE JACKSONVILLE • ORLANDO • TALLAHASSEE TAMPA WEST PALM BEACH Mr. Richard Lorber 7/13/2001 Page 2 Hotel Vila and its service area and garage to the south. The Property is also located within a few short blocks of the University of Miami campus. The Property is also located within the heart of the City's Community Redevelopment Area and Urban Infill Area. It is also located well within the Miami -Dade County Urban Infill Area. Shoal Creek believes that this location is perfectly situated for a principally residential facility, 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. Thus, the facility will feature ample recreation and service areas including a swimming pool, sand volleyball court, club room or clubhouse area, exercise room, a billiard/game room and a small business center. The local geography uniquely qualifies the Property for designation 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 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 Property in early transit committee meetings. Also, recent discussions within various City subcomittees have also indicated support for a TODD designation on the Property. In addition, the facility _proposed for the 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 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 due to limited parking resources within the University. 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 a high 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, which was provided to the City as part of the pending Comprehensive Plan application. This report shows that the impacts of this intended use is significantly lower that the already approved office zoning for the Property. Moreover, the traffic generated by this proposed project will not only be lower than (M1679267;21 Mr. Richard Lorber 7/13/2001 Page 3 that of an office (particularly a medical office) but it will also generate a different distribution away from currently impacted residential areas to the south and west. This application, as noted above, requests the rezoning of the property and approval of a special exception. Please note that Section 20 -8.9 of the City's Land Development Code requires that the special exception be processed through the Planning Board as if it were a Special Use Permit application. We believe that a "Special Use Permit" is not required, but rather that the process must merely be followed in order to obtain Special Exception approval. To that end and based on the foregoing, Shoal Creek respectfully requests your favorable recommendation of this request for rezoning of the Property to TODD MU -5 and the approval of the requested special exception. We stand ready to address any of your comments and concerns. Sncerel f J eph G. 0oldstein attachments cc: Mr. Michael Getz Mr. J.W. Harris Mr. Tony White Ines Marrero- Priegues Esq. MIAMI/JAMESS /I 155116/ r @k011.DOG7 /13/01 (MI679267;2) UNIVERSITY PLACE AT SOUTH MIAMI Special Exceptions / Rezoning from MO [Medium- intensity Office use] to TODD (MU -5) [Transit Oriented Development District (Mixed Use - 5)] UNIVERSITY PLACE AT SOUTH MIAMI Special Exceptions / Rezoning from MO [Medium-intensity Office use] to TODD (MU -5) [Transit Oriented Development District (Mixed Use - -5)] PROPERTY OWNER'S SWORN TO CONSENT 1, James W. Harris, as Owner of the property legally described in the attached Exhibit "A," and which is the subject of the proposed Rezoing, 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 kS day of wA�A , 2001. WITN SSES: ES HARRIS Signatu Print Name: IL , Signature Print Name: MIAMIhAMESSI120032 111 ?.ix0I IDOC1711 2!01 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 Rezoning, 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 0- day of �L� , 2001. DENTAL PROF NAL GROUP, INC., By: Print Name: �aNp 5��tz Address: 74 7 WESSES; d.uCi l Signature 7 PrintName V .RbJrj0Jue2 Signature Print Name: M I A%11 /JAM @SS/ 1206317 /i)q'.stO I L DOC /7/ 12/61 EXHIBIT A - THE LAND Lots 1 & 2, Block 15, TOWNSITE OF LARKINS, Plat Book 2, at Page 105, City of South Miami, Miami -Dade County, Florida. IM1574-938 91EXHIBIT S-- SURVEYOR'S CERTIFICATE Page 1 �F FROM ELIPS PHONE NO. 305 661 5791 Jun. 08 2001 02:27PM F1 PROPERTY OWN VS SWORN TO CONSEN-T We, George Elias, Jr., Richard A. Elias and G. M. Elias, as Owam of the property legally described in the attarJiJ Exhibit "A," and which is the subject of the proposed Comprehensive Plan Amendment. do hereby grant convent to Shoal Creek Properties, L.L.C., to file this application for a public hearing. Dated at Miami -Dario County, Florida, this _11day of 2001. SES; ' - �.'`s3� 4EOLtGE EL , lit. Print Name--e—'A Sigq� uxe S 71 T L&� ' 2 ,,J RrcllDzas Signature �� Print W=0: �..� ---1 r't =�m L i i Print _ O, m. ELIAS Stgttatuse -r Print Nano: r- S' a ?EG1,�ylllhpSiS({�tZtjMs CZ'�OG7NU/0< i CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida w111 conduct Public Hearings at t regular City Commission meeting scheduled l"Tuesday September 18; 2001 beginning of 7:30 p.m., in the City Commission Chambers, 6130 SunsetDrNe, to consider the fallowing: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BYAEVISING SECTION 20.3.3(D) ENTITLED 'PERMITTED USE SCHEDULE". SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS' AND SECTION 20,3.4 (B)(20) ENTITLED MOBILE AUTOMOBILE WASH/WAX SERVICE" IN ORDER TO PROVIDE THE LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES. PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20,4.3(1)(5) IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3(B)(4)(6) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE" IN THE 'GR' GENERAL RETAIL ZONING USE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT' FROM THE 'MO", MEDIUM- INTENSITY OFFICE DISTRICT TO `TODD (MU -5)'. TRANSIT' ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; RELATING TO A REQUEST PURSUANT TO SECTION 20.8.9(6) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: LOCATE (1) A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5)', TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) PROVIDE 550 REQUIRED PARKING SPACES WHERE ATOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A0 (ZERO) FRONT SETBACK FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING BOUNDED ON THE SOUTH BY S.W.70th STREET, ON THE EAST BY SW 59th PLACE, ON THE NORTH BY i SW 69th STREET, AND ON THE WEST BY SW 61st AVENUE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; i li FLORIDA AMENDING OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "PERMITTED USE SCHEDULE", SECTION 20-8.5 ENTITLED "COMMERCIAL USE", AND SECTION 20.8.7 ENTITLED "LIGHT INDUSTRIAL USE". IN ORDER TO MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD-(L1.4)' TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT;`, PROVIDING FOR p, SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE: —r x AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING CIO p SECTION 20- 3.6(H)(2) IN ORDER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND VINES D USED AS FENCING, SCREENING OR LANDSCAPING, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES 1N CONFLICT; AND m PROVIDING AN EFFECTIVE DATE. v Said ordinance can be inspected at the City Clerk's Office, Monday - Friday during regular office hours. K Inquiries concerning this item should be directed to the Planning Department at 305 =663 -6326. ALL interested parties are invited to attend and will be heard. W r' Ronetta Taylor, CMC z City Clerk City of South Miami c' Pursuant to Florida Statutes 286.0105, the City hereby advises the public mat if a person decides to appeal any decision made by this 8oard,. Agency or Commission with respect to any matter considered. at cis mzeting or headng, he or she volt need a record of me proceedinggs, sand that such purpose, me affected person ma need to ensure that ave padm eco d of me proceedings is made which reco d inGudes he Iesfirrarry and Evidence upon which the appea s to be based. j i DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 28, 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 7:38 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. Morton, Mr. Juan Comendeiro and Ms. Yates. Board members absent: Mr. Illas and Ms. Gibson. City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Gremaf Reyes (Video Technician) and Maria M. Menendez (Board Secretary). III. Public Hearings PB -01 -015 APPLICANT: - -Shoal Creek Properties L.L.C. Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, - RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM THE "MO", MEDIUM INTENSITY OFFICE DISTRICT TO "TODD(MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT , (MIXED USE 5) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1 THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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; PROVIDING FOE SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting August 28, 2001' Page 2 of 5 Action: Mr. Liddy read the item into the record. Mr. Morton explained that both items pertaining to Shoal Creek Properties were interelated, therefore they would be discussed simultaneously and will be voting on them separately. Mr. Lorber presented a summary of the request for the rezoning of the above - described property, from "MO" Medium - Intensity Office Use District, to the proposed zoning, the "TODD (MU -5)," Transit Oriented Development District (Mixed -Use 5) Use District. A Comprehensive Plan, Future Land Map Amendment for this project received a Planning Board recommendation of approval at. its July 10, 2001 meeting and subsequently went before the City Commission where it received first reading approval at its July 24, 2001 meeting. The applicant is constructing a residential building with limited commercial uses on the ground floor facing SW 59th Place. Applicants: Ines- Marrero - Priegues, Esq., James Harris, Michael Getz, (Shoal Creek Properties). Mark Pollack, Rob Curtis, Ed Llorca Ms. Marrero opened the presentation summarizing the proposal, and Mr. Curtis conducted a visual presentation. Inquiries and concerns of the Board included, but were not limited to: whether access to the garage from SW 69th Street is the best location; the Board did not feel that the three - foot setback for the garage was reflected on the site plan; how the commercial section will be serviced; types of amenities; types of retail; price range of residential units; per -unit occupancy; and whether or not the proposed Mediterranean design of the building would blend in with the rest of the City. Mr. Harris stated that SW 69th Street would be the most preferable access to the garage because it is closer to the retail spaces. The applicant explained and reaffirmed to the Board that the three -foot setback for the garage has been stipulated in the revised plan. The commercial areaa will be serviced after hours. As for the exterior design of the building it is required that the applicant bring the request to the Environmental Review & Preservation Board (ERPB). The rental cost of the units will range between $800- $1,800. Ms. Marrero responded to a question on occupancy per unit that the owner will need to comply with current HUD guidelines. Speakers (residents): Cal Rosenbaum, 6101 Sunset PI Yvonne Beckman, South Miami Homeowners' Assoc. Craig Sherar Michele Hebert, 7000 SW 64" Ct Walter Harris, 7100 SW 64th Ct Michael Miller, 6796 SW 62 "d St Dean Witman, 6259 SW 74th St David Tucker, Sr., 2556 SW 78th Ter Planning Board Meeting August 28, 2001 Page 3 of 5 Bexie Schwartz 6931 SW 62 "d Ct Roxanne Scalia, 6925 SW 63`d Ct Catherine Goe 6241 SW SW 68`" Street, 9210 David Landoe 6926 SW 62 "d Ct Al Elias, 7150 SW 62 °a Ave Greg Oravec, CRA Director Concerns expressed by those speakers against the proposal, included but were not limited to: increase in traffic congestion; security; insufficient parking spaces; school crowding; loosing the green space; price, range of rentals might be too high; management; size of building appropriate dumpsters location. Those speakers in favor of the proposal believed that such project will help revitalize the area. Motion: Mr. Comendeiro moved for approval of the request and Ms. Yates seconded the motion with the following conditions: (1) the applicant shall provide a minimum three- foot setback between the garage (north side) and the sidewalk; (2) applicant to redesign the proposed streetscape elements in order to conform to the Community Redevelopment Area Streetscape Plans for the area; (3) entrance to the parking garage should be moved to the west; and, (4) storefront delivery / service, to comply with City ordinances. Vote: Ayes 5 Nays 0 PB -01 -016 APPLICANT: Shoal Creek Properties L.L.C. Request -: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO: (1) LOCATE 'A LARGE SCALE DEVELOPMENT USE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); (2) _- PROVIDE 550 REQUIRED PARKING SPACES WHERE A TOTAL OF 585 SPACES ARE REQUIRED; (3) MAINTAIN A 0 (ZERO) FRONT SETBACK' FOR THE FIFTH AND SIXTH FLOORS OF THE BUILDING WHERE A 20 (TWENTY) FOOT SETBACK FROM THE FACE OF THE BUILDING IS REQUIRED; ` ALL FOR PROPERTY LEGALLY DESCRIBED AS LOTS I THROUGH 25, BLOCK 15, LARKINS TOWNSITE SUBDIVISION, SAID SITE BEING 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. Action: Mr. Mann read the item into the record and staff presented the request, consisting of a Special Exception Approval (1) to locate a large scale project in the "TODD (MU -5)" section; (2) provide 550 required parking spaces where a total of 585 spaces are required; and (3)` maintain <a 0 (zero) foot building line front set back where a 20 (twenty) foot building line setback above the 4 `h floor of the building is required. Planning Board Meeting August 28, 2001 Page 4 of S At this point, the Board, staff and the applicant discussed the above proposal. Applicants: (Same as listed under PB 01 -015 above). Speakers (Residents): (Same as listed under PB 01 -015 above). Motion: Mr. Comendeiro moved to approve the special exceptions: (1) to construct a large scale development use in a TODD district; (2) to allow a total of 550 required parking spaces; and (3) to waive the 20' building line setback at the 5`" and 6th floors. Ms. Yates seconded the motion. Vote: Ayes 4 Nays 1 (Mr. Liddy) PB -01 -012 APPLICANT: City of South Miami 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` ;SECTION 20 -3.4 (B) (5) ENTITLED "GASOLINE SERVICE STATIONS" AND SECTION 20- 3.4(B)(20) ENTITLED "MOBILE AUTOMOBILE WASH /WAX SERVICE" IN ORDER TO PROVIDE FOR LOCATIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF CAR WASH ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. At this point, Mr. Comendeiro requested that the item be deferred. Motion: ....Mr..- Comendeiro moved to defer the request and Mr. Man seconded the motion. Voter Ayes 2 Nays 3 (Mr. Liddy, Mr. Morton and Ms. Yates) Action: The motion to defer this item failed, therefore the Board proceeded to discuss the proposal, which will place the appropriate restrictions and requirements on various types of car wash activity. On July 24, 2001, the City Commission initiated the process, directing staff to prepare a draft ordinance for review by the Planning Board and the City Commission. Speakers: Marcia Tabares and Don Smith, Wash World Robert Shapiro, Esq. Planning Board Meeting August 28 2001 Page 5 of 5 The Board, staff and the speakers briefly discussed the proposed ordinance, which has been revised as per the Planning Board recommendations at its meeting ,of August 14, 2001, addressing mobile car wash services as permitted and special uses in the appropriate zoning districts, and setting additional conditions of operation. Motion: Mr. Mann moved to approve the request and Mr. Liddy seconded the motion. Vote: Ayes 5 Nays 0 Mr. Lorber reminded Mr. Shapiro that since acting as a lobbyist he needs to register with the City Clerk as soon as possible. V. Approval of Minutes Action: A. The Board duly voted on and approved the minutes of August 14, 2001. Vote: Ayes 5 Nays 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 11:06 PM; RGL /mmm K: \PB \PB Minutes\2001 Minutes \MINS 08- 28- Ol.doc t J- rJ lvu:�•artl ra � tit dflt V SW 61ST"' .AVENUE Qry 111' .4 - - - -- - --- I CC $ 7 ae H cn d 3 — - -- — — ° -- II y T i+ ! IU`- S Al LA I j id I it s e j. Ic • t Y�'; §N J /ice S�V "°—�59fFT� PLACE IF° is 0 fi s - ' �D m0 ID i Z o m rn —I O 2 MIN 0 m a m = I O91 i O O 9f - i 4W, 4 e +� 'j a ALTA/ACSM LAND TITLE SURVEY JPI SOUTH MIAMI PROJECT CITY OF SOUTH MIAMI, MIAMI -DADE COUNTY, FLORIDA�e �' 1 0!� rl I ! 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Gallop, City Attorney Date: September 12, 2001 107 Re: Candidate Felony Disclosure Ordinance (Vice mayor Feliu) Subject: An ordinance amending the city code to require candidates to disclose prior felony convictions, or pleas of guilty and no contest; providing exceptions in instances where the record has been expunged. The ordinance is sponsored by Vice mayor Feliu. Discussion:. The purpose of the ordinance is to provide public disclosure of any prior felony conviction record of a candidate for elective 'office. It applies to all convictions, even where the person was pardoned or had his or her civil rights restored. The disclosure requirement excludes instances where the record has been expunged or sealed. Expunging a record is an extraordinary judicial act. The legal effect of expunging a record is that conviction is nullified and made void. It usually takes place where a conviction was based on misconduct by a state witness or a plea was entered under duress, and the accused is determined to be innocent of the crime. We have performed legal research to evaluate whether the disclosure might interfere with a person's First Amendment rights to political association and to run for office. Our research does not indicate that this disclosure requirement unduly burdens any constitutional right. Further, we conferred with legal representatives of the Florida Attorney General and the Florida League of Cities in evaluating this subject. Recommendation: Approve the proposed ordinance. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF 6 ORDINANCES, ENTITLED "ELECTIONS" TO CREATE SECTION 9- 7 12, ENTITLED "DISCLOSURE OF PRIOR FELONY CONVICTIONS, 8 OR PLEAS OF GUILTY AND NO - `CONTEST "; PROVIDING 9 EXCEPTIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN 10 CONFLICT, AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami believe 14 that the public has a right to know whether a candidate for an elective City office has 15 previously been convicted of a felony in the State of Florida or in any other state; and, 16 17 WHEREAS, the Mayor and City Commission desire to amend article 9 of the code 18 of ordinances to provide for disclosure of prior felony convictions. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1. Article 9 of the City of South Miami Code of Ordinances, entitled 24 "Elections," is amended to create section 9 -12, entitled "Disclosure of prior felony 25 convictions" to read: 26 27 Section 9 -12. Disclosure of prior felony convictions. 28 29 At the time of qualifying for elective city office, candidates shall file 30 an affidavit with the City Clerk stating that the candidate: (1) has not been 31 convicted of a felony, or pled guilty or pled no contest to a felony charge in 32 the State of Florida or in any other state; or (2) has been convicted of a 33 feloLiy, or pled guilty or pled no contest to a felony charge. In the event a 34 candidate has been convicted of a feloRy, or pled uilt�or pled no contest 35 to a felony charge, the candidate shall provide a statement in the affidavit 36 identifying the felony, the state and the date of the conviction or the plea 37 the sentence entered and any order of restitution, and whether the candidate 38 has received a pardon and has had his or her civil rights restored. A 39 candidate shall not be required to disclose` whether he or she has been 40 convicted of a felony, or pled guilty or plead no contest to a felony and 41 may state that he or she has not been convicted, or pled guilty or no contest 42 in the event that the conviction, plea and sentence have been expunged by a 43 court of competent jurisdiction. Additions shown by underlining and deletions shown by o°uv° g. 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 Section 2. This ordinance shall be included in the City of South Miami Code of Ordinances and Section 9 -12. Section 3. 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 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of , 2001. MAYOR 1 st Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \\Dell 6100 \Documents \City of South Miami\0022-001\1 1 190.doc Additions shown by underlining and deletions shown by e.°,o g.