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08-01-00MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: August 1, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: August 15, 2000 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) *scheduled from 7:00 p.m. a. Mr. James F. Rosenberg - Adopt -A- Classroom b. Preliminary Downtown Infrastructure Findings -C3TS ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes July 18, 2000 - Regular City Commission Minutes REGULAR CITY COMMISSION 1 AGENDA — August 1, 2000 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $21,235.55 TO WEBSTER'S TEAM SPORTS, FOR PURCHASING FOOTBALL EQUIPMENT AND UNIFORMS AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -5630, "FOOTBALL." 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTIONS) /PUBLIC HEARING(S) 5. A 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 IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. 4/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 4.4(1)OF THE LAND DEVELOPMENT CODE FOR VALET PARKING VIA SPECIAL PERMIT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5930 SOUTH DIXIE HIGHWAY. 3/5 RESOLUTION (S) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING CITY MANAGER TO INCREASE NON - RESIDENT FEES FOR PAVILION RENTALS, TENNIS MEMBERSHIPS, AND HOURLY COURT RATES EFFECTIVE OCTOBER 1, 2000. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADVISING THE PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE OF 6.373 MILLS; REGULAR CITY COMMISSION 2 AGENDA — August 1, 2000 ITS ROLL -BACK RATE OF 6.167 MILLS AND ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET, ALL REGARDING THE CITY'S 2000.2001 FISCAL YEAR BUDGET. 3/5 ORDINANCE (S) FIRST READING There are none 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 FI.A 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 3 AGENDA — August 1, 2000 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles D. Scurr a,,zCam, REQUEST DATE: July 26, 2000 SUBJECT: Agenda # Commission Meeting August 1, 2000 Webster's Team Sports Football Uniforms The attached resolution seeks the approval to purchase Football equipment and uniforms from Webster's Team Sports. BACKGROUND Webster's Team Sports is a reliable and reputable sporting goods family business, serving South Florida for over 55 years. Webster's in -house inventory surpasses the majority of all local sporting goods companies. Webster's is committed to provide the City of South Miami with quality merchandise and equipment at considerable discounts. The City of South Miami Parks & Recreation Department obtained three bids: Webster's Team Sports $21,235.55 Scott's Sporting Goods $22,879.55 Allen Sports Center Inc. $23,711.55 The lowest bid is Webster's Team Sports. The City of South Miami Parks & Recreation Department registers approximately 200 to 250 participants in Football. This year the Parks & Recreation Department is anticipating more participants due to the fact that we have joined a new Football League- "Miami Dade X -treme Football League ". Bernard Hannah, Recreation Supervisor has been assigned the responsibility of overseeing the task of inventory and ordering of all supplies, equipment and uniforms. All Football equipment will be monitored and kept at Palmer Park. Balance available for account number 2000 -5630, "Football", is $18,400.00 and the balance in account number 001.0000- 219 -3500, "Recreation Program Donation" is $10,000.00. I recommend approval. 2070 Webster Team Sports Uniforms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 56 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $21235.55 TO WEBSTER'S TEAM SPORTS, FOR PURCHASING FOOTBALL EQUIPMENT AND UNIFORMS, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -5630, "FOOTBALL ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, Webster's is a reliable and reputable sporting goods family business serving South Florida over 50 years; and WHEREAS, Webster's in -house inventory surpasses the majority of all local sporting goods companies; and and WHEREAS, Webster's will provide for considerable discount on shoes and uniforms; WHEREAS, The following three bids were obtained: Webster's Team Sports $ 21,235.55 Scott's Sporting Goods $ 22,879.55 Allen Sports Center Inc. $ 23,711.55 WHEREAS, Webster's Team Sports is the lowest bidder; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order would be awarded to Webster's Team Sports. Section 2. The City Manager is hereby authorized to disburse the sum of $18,326.25 from account number 2000 -5630, "Football" and $2,909.30 from account number 001.0000.219.3500, "Recreation Program Donation". Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August, 2000. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY 2000 Football Egwpm -t & Umf. -9 Webster's team ` sports 3560 W. Prospect Rd. Ft. Lauderdale, FL 33309 954- 733 -0400 800. 940.0010 Fax: 954- 733.0008 DATE: %Xvv Ono noel/ GALED ACCT: SOLD TO: ADDRESS: CITY: __ STATE: ZIP: PHONE: SALESMAN: )3d-6 ______ ORDERED BY Rr.•+OAr el SHIP VIA: P /O #: l S� fit ' A 9 Ae-1 parr 0 pAd sc t .4 i4f W / /Sd r•/ � TvU l 'J /� i � f -- i �!,L.' , /sum Ka f 11644"1 I it v / r4 ,n, r,p Y PEAL hs c ps,,, yolt sue% zo Oct h,4 df�✓ �.r!_ j_ oa�%ei t,l �d�G �.rJ /�� le I ' srti.w, ,� ► ✓�� p�,,:k ! .sue S� /'� -- - -so.✓ Q yy /C3 yDU ti's r �'c. -s�y� —.2 7 / Yj Vl fyr Ul,,,,t � ,br ao /s so1 p+ &14,1 e �--k:S zo% CUSTOMER SIGNATURE: m �y /G 7s' 711 Fq 37— 3o.9s•' O p0 r �G g W--%O I 1 .8 jrwKI gjlj VJVUL)5 4015 20TH ST. (RT. 60) YERO BEACH. FL 32960 0) 77mool FAX 771 -WOO Cal SHIPPING INFORMATION L roo; SHIPPING DAT]k'., IP I SHIP VIA: TERMS; QUO IS Ljo QUOTE VA �D VIA DAYS v vivi r • w ... ` ,.wit C �� • L � M ►t • 4. UNIT PAICC- • L ]I k�•.� _ . 4NM [Rim A MR • i MEN I� �' . MEN a -Also � �r xt re haroby 0000p . 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Invoice # Cost Amount Paid Balance Due Sterlsl order non•returnsbic X F' . 0 �•0 UJI�`�GtJ Fri •�� QDt, A tl� � t� �'�,�� �ti� r�s Invoice # Cost Amount Paid Balance Due Sterlsl order non•returnsbic X F' . 0 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 30, 2000 From: Charles D. Scurr Agenda Item - City Manager Comm. Mtg. 8 /1 /00 Re: Special Use Approval 5920 South Dixie Highway 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 IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. APPLICANT'S REQUEST: The applicant is requesting a Special Use Approval to operate a general Italian restaurant, the Terrace Grill Restaurant, at the above referenced location. The proposed area of the restaurant is to be located on the first two floors of the three -story building, which is currently under construction and scheduled for completion in September 2000. It will occupy 4,434 square feet, and will be a casual restaurant, featuring Italian cuisine. The facility will have a total of 125 seats. Breakfast and lunch will be served at the ground floor. During dinner hours both floors will be used and the applicant has proposed offsite valet parking to accommodate the customers. The proposed hours of operation are as follows: Breakfast: 7:00 a.m. to 9:00 a.m.; Lunch: 11:00 a.m. to 3:00 p.m.; and Dinner: 5:30 p.m. to 10:00 p.m. The applicant intends to provide limited outdoor seating and offer beer and wine, for which separate permits are required. 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 service 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. 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 "SR (HD)" Specialty Retail District, Hometown Overlay Zone. A restaurant is 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 proposed restaurant consists of 2,008 SF on the first floor, 2,426 SF on the second floor with a total of 4,434 SF and is defined as a General Restaurant having a parking requirement of 1 space for every 100 SF, resulting in forty - five (45) parking spaces required. The original parking calculations included an ice cream parlor on the first floor (1 space for every 150 SF) with fourteen (14) parking spaces and an office on the second floor (1 space for every 250 SF) with ten (10) parking spaces, resulting in twenty -four (24) existing parking spaces. The change of use to restaurant meets the parking requirements for the first floor, which will serve breakfast and lunch. The second floor will not be utilized during the breakfast and lunch hours. Dinner will be served on both floors requiring twenty -one (21) additional parking spaces, which is achieved through valet spaces that can only be obtained during the evening hours from the nearby office buildings. In order for both floors to operate successfully forty -six (46) parking spaces are proposed: twenty -four (24) parking spaces on site and twenty -two (22) offsite valet parking spaces. It is important to note that the regulations governing offsite valet parking referred to above are contained under Section 20 -4.4 (I) Valet Parking via Special Parking Permit. The applicant has submitted a proposed valet - parking agreement (attached). 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 was instructed to directly contact the public utilities, which provide services for the site. Staff requested that the applicant seek an Availability Letter from Miami -Dade Water and Sewer Department. An availability letter provides data on the existing water and sewer lines size, location and availability. The applicant has submitted a letter dated June 14, 2000 explaining their procedure for trash disposal (attached). The subject application does not conflict with the Comprehensive Plan. (2) PLANNING BOARD ACTION The subject application was presented to the Planning Board at its July 11, 2000 meeting. At that time the Board adopted a motion (4 -2) recommending approval of the application subject to two conditions as set forth by staff. During the discussion the Planning Board expressed concern over the general congestion in the area of the proposed restaurant. A specific concern dealt with the original location of the valet parking stand and its impact on access by fire and emergency vehicles. The applicant, in a letter dated July 21, 2000 (attached) resonded to both issues. The valet parking stand is shown relocated to the corner of SW 73` Street and SW 59`x' Avenue. In addition, the letter explained that the Miami -Dade Fire Department would provide emergency access to the site from the US entrance to the building. RECOMMENDATION APPROVAL subject to the following conditions: 1) the restaurant shall use the central trash compactor as shown on the site plan; 2) the applicant shall comply with all of the provisions for off -site parking and valet parking as set forth in LDC Section 20- 4.4(I); 3) the location of the valet parking stand area shall be at the corner of SW 73`d St. and SW 59`h Ave., as shown on plans submitted on July 21, 2000. Attachments: Proposed draft resolution Letter of intent/ application Letter dated 6/14/00 Re: Trash disposal Property survey Site and floor plans Copy of Parking Service Agreement Copies of Public notices Planning Board Minutes 7/11/00 Letter dated 7/21/00 Re: Emergency vehicle access and Revised Site plan LDC Sections 20- 4.4(I) and (17)(2) (3) COAgenda12000\special use Terrace Grill Restaurant 5920 South Dixie Highway doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. WHEREAS Harvey Amster, property owner of 5920 South Dixie Highway has submitted an application for a special use to allow a general restaurant to be located in the "SR(HD) "Specialty Retail, Hometown District Overlay zoning districts specifically at 5920 South Dixie Highway; and WHEREAS, a general restaurant is allowed as a special use in the SR(HD), Specialty Retail, Hometown District Overlay zoning districts subject to meeting certain conditions specified in the Land Development Code Section 20- 3.4(B)(4)(b);and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on July 11, 2000, the Planning Board, after public hearing, voted(4 -2) to recommend approval of the special use request ;and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section l: That a special use is approved for locating a general restaurant at 5920 S. Dixie Highway subject to the following conditions: (a) the restaurant shall use the central trash compactor as shown on the site plan; (b) the applicant shall comply with all of the provisions for off -site parking and valet parking as set forth in LDC Section 20 -4.4 (I); 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (c) the location of the valet parking stand area shall be at the corner of SW 73 d St. and SW 59"' Ave., as shown on plans submitted on July 21, 2000. 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 (2) day of , 2000. APPROVED: MAYOR Harvey Amster Robin's Building Enterprises 7206 S.W. 59 Avenue South Miami, Florida 33143 LETTER OF INTENT City of South Miami Planning Board 6130 Sunset Drive South Miami, Florida 33143 Re: Three story building located at 5920 South Dixie Highway, South Miami Florida Special Use Permit for restaurant and offsite valet parking Dear Sir/Madam: I am the owner and applicant for the special use permit for a proposed restaurant and offsite valet parking for the building located at the above referenced address. The building is currently under construction and is scheduled for completion in September, 2000. Building Use: The first two floors of the building are intended to be used as a restaurant. The tenant to occupy said space is called the Terrace Grill Restaurant and will be opened to serve meals for breakfast, lunch and dinner. The first floor of the restaurant will be used for breakfast and lunch and both floors will be used when serving dinner meals. Parking Spaces: The parking spaces provided and approved for the two -story space in the original site review was 24 and 45 parking spaces are required for the building when both floors are being used. The parking required for breakfast and lunch with service limited to the ground floor only is 21 spaces. This meets the initial requirement of 24 spaces and therefore, no additional parking spaces are needed for those meals. However, dinner meals will be served on both floors, thus, requiring an additional 21 spaces during that time. The Terrace Grill Restaurant intends to contract for an additional 22 parking spaces with a valet parking service. Therefore, the 22 offsite valet spaces plus the 24 onsite spaces brings the total spaces to 46 which is more than the required 45 spaces. Sincerely, Robin's Building E terprises By: Date: Harvey Ams 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 66 Block Subdivision DogN 1 Address of Subject Property: 5920 South Dixie Highway Lo (s) 5 S Meets & Bounds: South Miami, Florida Please see attached Exhibit "A" Applicant: HARVEY AMSTER Phone: 305 - 662 -1226 Representative: Organization: LAW OFFICE OF PETER PREVITI Address: 5825 Sunset Drive, Suite 210 Phone: 305 - 662 -9504 South Miami Florida 33143 Property Owner: HARVEY AMSTER Signature: Mailing Address: 7206 S .W. 59 Avenue Phone: 305- 662 -1226 South Miami Florida 33143 Architect/Engineer: Phone: CHAEL, COOPER & ASSOCIATES, P.A. 305 - 666 -0185 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: XOwner 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 �L Letter of intent _ Comprehensive Plan XSpecial Use _ Justifications for change _ PUD Approval _Rezoning _ Statement of hardship _ PUD Major Change _Special Exception X Proof of ownership or letter from owner. _Other _ Power of attorney Briefly explain application and cite specific Code sections: Special Use _ Contract to purchase X Current survey -" Permit for restaurant on the first two floors of the X 7 copies of Site Plan and 1 reduced copy @ 8.5 "x11" subject three story building and valet parking off site X 20% Property owner signatures or affidavit for dinner meals only. Section20-4 • (Subsection: F (2) Page #: Amended Date: X Mailing labels (3 sets) and map X Required Fee(s) . The gW � has read this conA) etc a ation and represents that the information and all submitted materials are true and corret of the is Y"s kn 1 ge d belief. pplica � i ature and title Da e Upo, recd' t, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other app is bfe regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 1/10/00 EeA f,. LEGAL DESCRIPTION: THAT PART OF THE REVOKED SUBDIVISION KNOWN AS "DORN!S BROTHERS SUBDIVISION" RECORDED IN PLAT BOOK 3 AT PAGE 199 OF THE PUBCIC.RECORDS OF MIAMI -DADE COUNTY, FLORIDA, THAT IS LYING SOUTHEAST OF U.S. HIGHWAY No-1j AKA STATE ROAD N0. 50 LESS DEDICATED RIGHT OF WAYS. SAID REVOCATION WAS DATED ON THE 9TH DAY OF FEBRUARY, 1926 AND RECORDED IN THE OFFICIAL RECORD BOOK 9061 AT PAGES 63, 64 AND 65 OF THE PUBLIC RECORDS' OF MIAMI -DADE COUNTY, FLORIDA. DESCfiRI TI0N Lots 1 thru 10 inclusive, lying Southeasterly 'or South Dixie Highway (State Road No. 5) and lots 20 -24 inclusive, and lots 28 -35 inclusive, and lots 25, 26, d 21 less the east 10' or said lots 25, 2ro, and 21 and less the south 12' or lots' 25. A I in Dorn's 15rothers Subdivision, according to the plat thereof' as recorded in Plat Book 3 at page Me or the Public Records or Dade County, Florida, and all that land shown as 'alley' lyinc in that certain block containing lots 1 thru 35 or said Dorn 5rothers Subdivision. PETER PREVITI ATTORNEY AT LAW SUNSET BUSINESS PLAZA 5825 SUNSET DRIVE • SUITE 210 SOUTH MIAMI. FLORIDA 33143 OF COUNSEL: DEBORAH S. VERLEY TELEPHONE (305) 662.9504 June 14, 2000 FACSIMILE (305) 662.6967 City of South Miami Planning Board 6130 Sunset Drive South Miami, Florida 33143 Re: Three Story Building located at: 5920 South Dixie Highway, S. Miami, Florida 33143 Special use permit for a restaurant and off site valet parking Dear Sir /Madam: Please let this letter serve as an explanation regarding any concerns that the City of South Miami may have on the issue of an enclosed air conditioning trash room for the above - referenced building. Firstly, in 1999 the City of South Miami Code Enforcement Board held a hearing on the issue of the use of a central trash compactor for the businesses located on the Harvey Amster property. Said central compactor was approved at the hearing and has since then been constructed and is currently in use. Accordingly, it is the intent of the restaurant to be located in the subject building to use this trash compactor as a substitute for the interior air conditioned trash room. Secondly, the city should be aware that all of the tenants located on the site, have signed agreements that they will utilize the central compactor as opposed to individual dumpsters, and therefore, it would seem unfair to apply a different standard to this particular building and tenant. Finally, in order to alleviate any concerns the city may have regarding how any and all trash will be transported from the facility to the compactor, the mode of operation is so that at the end of each day the trash will be placed in tied garbage bags enclosed in wheeled garbage cans and taken to the location of the compactor. The proposed tenant currently uses this same procedure at another restaurant location and thus far, has never encountered any problems. Sincerely, Deborah S. Verley Attorney for Robin's Building Enterprises DSV /rs I .. ....... 1 Q 2 r A ;lAc Poo., ?61 e 4A U' tl 6A 1 FO r4 4w"e ww i I 1n 1 0 o N J W •• O W J O W' J N HW•°• W _- - - _ _N t11 •r �jYlf /�la»do.Dd 1J✓r7a'6'44� 6� E N < Y 2 �f 7 '://)f 9ppq � 7 rM ` o g c a � O �i o��/ • •sto �. pyn,� f •o / N /b�d'lt' J'bs7N/7 •� . 71A 4 _'O� V.. 1-_ xoYx� 4 n O 6 O W W O � �•� z/ a Z iI•ivw a•vtv.M � �J �� � *1 � �: 8 .,Y T diil .7`V3'g •�: OO • Z' /Z' i/ 7fY� /a'�' ` • �� 1n 1 0 o N J W •• O W J O W' J N HW•°• W _- - - _ _N t11 •r 6� E N < Y 2 ..rte /� �'�id 9ppq � 7 rM ` o g c a � O �i o��/ Sl�lc» K_ •� r H � _'O� V.. 1-_ xoYx� 4 n O 6 O W W O A , c !- IC 1n 1 0 o N J W •• O W J O W' J N HW•°• W _- - - _ _N t11 •r 6� E N < Y 2 Z ¢ < •••1 O 6i • 1 1 -'vii •• O W UoG '��•x K_ Y Y- r H � 1 1-_ xoYx� 4 n O 6 O W W O A , c !- IC u M t. 0 J u C ; a1 oN m w�r� w C • r �'' o • • � ', 1'a' 11 0 d� •( Gt,00 d•-a� tt.1 z 0 G Yt� � •� tih �a r 1 O 0 a• c N7[ar0 ti ti y a r C S- , Oi Q 41; ? 4 Q � •k y J sP ; W V to `QQ 0 J V o�� Sof MO, 6� E N < Y 2 Z ¢ < •••1 O • 1 1 -'vii •• O W UoG '��•x K_ Y Y- r H � of 1-_ xoYx� 4 N O 6 O W W O A , c !- IC u M t. 0 J u C ; N7[ar0 ti ti y a r C S- , Oi Q 41; ? 4 Q � •k y J sP ; W V to `QQ 0 J V o�� Sof MO, s o M O'J O < U E N < Y 2 Z ¢ < •••1 O • 1 1 -'vii •• O W UoG '��•x •'� Y '- r H � c' 1-_ xoYx� MM a1 oN m w�r� w N to ..Jic >• NM rc•iozs •ucSw,..N � .. � o o � CO Peru. w < or --•_r wrs_o � N W {Ip 1 a �O <Uw0 _00 •< H •`� < w • W Y• -•I ; fn N J 0.M J J p >• K W h 1•• O•P Kx r NU4 <O_ J O, W pC•C Q 010 •P¢x J ¢Of[i0 0f i O wli� {ryW .[ z: _ u o _ u • .moo >< o w < In x'w. q ,, N� O Pohl 2NNM� OIPU Z =U12 -. W w CY 1Q'P¢ r • •�w � �, , WO N¢_u YOI•P_ x.•Y•J O I-O .:,G -.' .,. OC K <X3 NO J��Y =Uw O wSN GI•Y,1• ••��� ^ 56 0. WaC •LL YUW w.- • -OI-P% <M? • M '' 'i •t,` //�':I s ry " ¢ o. . F.0�•.x¢ 0. w<W •-My� u E M •'r., Wes. �. ` `• �,"•,'^ y w.y .-I A W O i .• u. N > W W O _ U N • • .� .. � L •�TL I �•r _� • , y¢M O � W H M K x Q «K�NhO mKx Z y P 0 •- W O OOwN¢ ¢ _ O< '- _ _OiC: u 4¢ N w •P. Y¢ K " V C.K •3 '. -. • 1' j • . 1 y O N 0. W¢ [C W• O i�Or .PU w« N h- O NOwwW S h• ¢ O W l F 7 M' 6 J 0 4q' •'Olq a+•; •• O [•eS< 4 F•I•.. -•u NPU.o Ox 'JO w ` sM .O .• SLL. .. : \,, •�1Z. J'n'j� 1 1- P O L' d O� K W OT w �¢ Y L W O '� •• u K •'"n.•• w. 1-N O W O. • .� "¢ W, �, .. � i a ,-. u � �- i W �o d. Oy 2< Y k< y L 7 Y r W¢ o O sM a_ ••• W 1 -u\ •+ . '• - •' r- �wul�.. C� W��.• 1'uwu�, u-y IJiNy u•1� y u J. -W.� -J Jru.0 .G•- o.0 uu..r -_u�: r. uSu P �y � p tint u r r� �Q V N R H I y or n C 0 • N r, 1 a °4 -�/i _�--Z —� 9� PLOO 119970993370 1:0010 - Page I of I Scanned on SCANER Operator REBIL on Wednesday, October )97 at 07:19:05 PM '3T w�tnster+otlD • itANCO Pon 1PNOT01 : t . 4 . 0 ;­ , ..::. :,4ft i; • 11t Ric 8804 P;1547 J 16!to l6is 1St y of -Octobd e it. 0. -974, 13ftiffi AUGUSTA K=IN of 'lbe Catinly of Dade . fit the .stove, of Florida start y of ties, first Pori, lend HARVEY AMSTER and'•ELLEN AMSTER, his wife • • of list- Coiinly-�f Dad's, lot Itor $late of Florida 41410.10 IN)MI v(ji(r adtirriis is -South Miami, Florida 33143 5926 South Dixie Highway,,: :psert 184 * of Ilea second Isuff. .*t�li�sethj, Thol the sold liarl• Y of the first part for and to considefoltan of the sum of T&O,Ddl.lzirs ($10. 00), other good and valuable consideration)6WIdxx to --her, in bond 1,.i,l by the �ail:jport ies of life sri"Pleft parI4 lite receipt whert•of is hereby aclenoful• lid 5, ofil-e second part, their heirs and assifins- rand, "Ill'olf. owl twiny !a tilt- ('1panly of Dade , 'Lot's:.1, 2, 3, 4, 5,; 6-i 7, 8 less the southwesterly 2.05. feet and less:.tho highway., Lots 20,• 2*1, 22, 23, 24,. -25'.-less South..:.:12 -,fi�et and less East 10 feet, Lots 26 and 27.1 4. . Pss: Ezist 10 feet, Lots 28, 29, 30, 31, 32',•-33;- 34.-:and' ...... 3.5*#`:•a11 in DORN:.BROTIIERS' SUBDIVISION as I :.•:-pl.a't thereo£ recbrded ih: Plat Book 3, Page 199 of the Public Records, 6f • Dade County, Florida. SUBJECT TO: y6��i * 1974 -and-subsequen I. Taxes a.nd*.`a.ssessmefttg t years. 2. Easditienti, . rbser;'.-vAions'j restrictions and conditions of r e a 6 f , a*:n y., "H, dord ..... 3. Encumbrarddsi::-and--' hs -of rs� 4. Zoning bioifiati,d6 eA 'South tUaL'G',:ftorida. .- STATE OF: FLtDkl EJA P X OCUMCNTAR TA _X UP 71 W06ilu CIN 04.1 .1 =.P, And tier said ilarly al 7h, first part do.es &vrnhy 114.11y u6front the title it, sai'l fund. and well defend the he fateful claims (11 all IsPrs011't Marne atialels? a it In Iffitness. 1011cred, The yni'l party of Ar firil part his 8 larrvitntse, set her heeritt told seal the 410 nn,l'yvar first share terillem. Sion"l. stinfeti oftri otelil-ertiul in Itir peestisece of; .............. .... .... ......... ... ........ + ka n Z,1 Ar"4 Its IN VIK.At nosort so" of as's 00',stv. leftist, ........ 'Cam . ................ ....... I(ICHARJ)P. 151UNKER. I's CLERF6 Cl$(CUIl CWRI 'ATF. 01' 11,()RIDA, COUNTY OF. DADS 't HEREBY C11.112"My that 04 this dAr. be{.:a+: nie, an siffivirr duly AlithniiieJ in I!lr Stile 3f.r!1*w­;.4- and in, the, County leforruld to exile ;pRrffirJ AUGUSTA KAtKI N 1. to me IxC the Prison desiri64 In and who rm,"uted the for itio;oc Instrunwrit and ittillsdted bet le ex"u(td th, time. S 'iny'hind and Rfidrii seat. i Itt, Count, ler, S It and State list alofeiiid this Vii Octo jeF -j. 19 74. is E A. FLO"R I J - -,_.-Z, N.Vta,, Cl blic state of -Tlo ida fit 4 i My co P.O. !='16sion expires: '?I 7,L- jjjri d-A fiCTARY, PUBLIC. smic ai rtoRiDi &I IAKCE my COULLiSSIC.1 arin UAII, 11. =SIN ­K fl WHEREAS, the undersigned is the owner of that property described as: Lots I through 10, Lots 21 through 35, of DORN BROTHERS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, at Page 199, of the Publk Records of Miami -Dade County, Florida. (This Plat was revoked in Deed Book 906, at Page 63,) The undersigned recognizes and acknowledges that for the public health, welfare, safety or morals, the herein - described property should not be divided into separate parcels owned by several owners so long as the same is put to the hereinafter use, and in consideration of the issuance of a permit for the construction of a new building on a portion of said premises, and for other good and valuable considerations, the undersigned hereby agrees to restrict the use of the subject property in the following manner: 1. That said property shall be considered as one plot and parcel of land and that no portion of said plot and parcel and land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. 2. The undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land and shall remain in full force and effect and be binding upon the undersigned, their heirs and assigns until such time as the same may be released in writing by an appropriate authorized representative of the City of South Miami and/or the City of South Miami Building and Zoning Department, or the executive officer or representative of the successor of such Department or City representative with appropriate authority, Provided, however, that a release will be executed when the premises arc made to conform with applicable zoning regulations or the use or structure is removed from the premises and there' is no further reason to maintain the Unity of Title on the public records. Signed, sealed, executed and acknowledged on this c7 %� day of August, 1999. ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI -DARE The foregoing instrument was acknowledged before me this day of August 26, 1999, by Harvey Amster and Ellen Amster, who are personally know to me �� LY D WATERHOUSE vrr My CUAIIIIit;SIO RMA'RYFUBLIC STATE OF FLORIDA Notary , Sta of Florida COMMISSION NO. CC514744 MY COMMISSION EXP. DEC. 9,1999 b� r Z EfG� �a���xgsbC:� =fig n g 6� U use D � ; 0 N p D Tagil D v � sa'14F I I — I I I _ I I ode - O ' tt�cTae>•.1 t� idn� �OGry EEi i�� Fq E �. • ;i�a� j�\ I' MIXED - USE BUILDING FOR CHAEL, COOPER & ASSOCIATES P.A. q ROBIN'S BUILDING ENTERPRISES architecture E ; $920 SOUTH 0 I %11 HIGHWAY. 3679 SUNSET DRIVE, SUITE 1 D ( SOUTH MIAMI. FLORIDA SOUTH MIAMI. FLORIDA SSS °S I• N jr FOR: HARVEY AMSTFR TEL F`MAII `tc otporoch •I(cooper com7n0 �7t X11 I I r v V r, A fn 1`1 7 0: I: TETE 1 t� S.W. 39TH G �i AVENUE 9 �i ro i I o a z E7 MIXED - USE BUILDING FOR CHAEL, COOPER & ASSOCIATES P.A. q ROBIN'S BUILDING ENTERPRISES architecture E ; $920 SOUTH 0 I %11 HIGHWAY. 3679 SUNSET DRIVE, SUITE 1 D ( SOUTH MIAMI. FLORIDA SOUTH MIAMI. FLORIDA SSS °S I• N jr FOR: HARVEY AMSTFR TEL F`MAII `tc otporoch •I(cooper com7n0 �7t X11 �g U F: i t i woo•jodoo3lawg2*jadoo3z :11VW.3 09£0.999 (SO£):Xyl SOLO-999 (SO£):131 £1•L££ Valboll 'IWVIw Hinos L 311ns '3AI110 13SNns 6LBS aan4Da41gDap Vd SILVIDOSSV 2S NFIdOOD IRVHD X31SWV A3AMVH :boa valltoll '1wv1w Hinos 'AVMHaIH 31XIa Hinos ot6s SdSRId2ISJNa ONIG IMU S /N19OU Nod Dmalmg asn - aax1w A H IGy I W W I a 3MN3AV i I — H165; M•S a I _-- c 124 = Jill q } p 66 e 1 ,ct ED ;p: y aid IQ I� 8 •� 1 �a{ � o � A 1 O �y o 00 � a I � ( I enQma� n � o ! w _ w w IL - p It n ul ul us L $� z R R 0 g' J u { �I 0 H N F z R R 0 g' J u { �I 0 H 4 77 rNN \�6 - o - - -� z x II I r ?: O+}--. r• ~ vw .*� .c- Y 00 ; ,,II r0 p 1........ %%% 00 ® A t O O i 1 4. i V � Waco ••"i .— — --� RDOH �rl I II III' 0 b, \ W �\\WRM\ MWE \MMEME Irj1o� 9 -X %Pm(3 % N NNy q. Mr C 1`111 MDMD- USEBUIIDINGFOR CHAET COOPER&ASSOCIATESPA f ROBIN•SBUI DINGENCERPRISES . arch ttectare 5970 SOUM DWE HIDHWAr, 5619 SUNSET DRIVE, SUITE 1 y SOUTH MIAMI, RORIDA SOUTH MIAMI, FL OR IDA 331U y l D TEL: (305) 666 -0165 FA %:(3o5) 666 -0360 ttf� =C( MAKSU E-MAIL' i woo•jad000lQD430jad000l '11VN-3 oqco-ggg (GOO:Xvi Gglo-999 (GOO."im cvtcr. valboli 'INviri lunos I 31111S '3AI80 13SN(lS 6LOG a;u4aa4!TpJlg VdS3. Vl3OSSV,-12,U9,lW3`2VHO YMWnAM voiaoij Viviri mnos 'AVMHDIH 31X10 Hinos oz6g MSr9dFM20M=9S,NlqO)l '9CMf)NlCMfl99Sfl-G9M 'D kn L) 91 d) -A al d) U) 01-0 z x - B 13 0 -q lu a q --L.;: WOON F /HZ)EW r 0 0 ?T 0 0 0 0 ly L) Ill ~ • _ ;� u 0 0 4 L 91 'A d) ............. 0 ae, 0 Cal 0 0 S2 C 0 0 AY o o E14 Ig -i6 T: I (Y -q I .e•.If 3 n- -q HI -1, ks) 11111HIMM111— X TnTrrrnTr (Y LL ................... LS . I 6-2 \ \ \\ Q N V \ "\ (V ILI \ n_ X, I II II � O �1 ,0 Q N v �n Nil n 7_ r O O m N A Z i �tl I N C .7P P �, /IIIIIIBIIIIIIII '~ :p ■�11 U i A I I DMD- USEBUIIDINGFOR a i ROBINS BUIIDING ENTERPRISES " g 5920 SOUM DUDE HIGHWAY, 6610 SUNSET DRIVE, SUITE I (€ SOUTH uMMI, FLORIDA SOUTH MIAMI, FLORIDA 73143 LL t D 1EL(605) 666 -0165 EAx:(305) 666 -0360 N nnKMAMSM E—MAIL- IceepvanaNeocper.cam �, /IIIIIIBIIIIIIII '~ ■�11 i I I DMD- USEBUIIDINGFOR a i ROBINS BUIIDING ENTERPRISES " g 5920 SOUM DUDE HIGHWAY, 6610 SUNSET DRIVE, SUITE I (€ SOUTH uMMI, FLORIDA SOUTH MIAMI, FLORIDA 73143 LL t D 1EL(605) 666 -0165 EAx:(305) 666 -0360 N nnKMAMSM E—MAIL- IceepvanaNeocper.cam woo 1.13 d000laoq3oja doo3j --11Vr4-3 0920 —999 (90C):XV3 9910-999 (900:131 CIIIST voldoij 111,11VIM 141n0s I 31ins '3AI80 13SNns ueg MISWKIAMI V018013 'MVIrl HMOS ',kVMHDIH 31XI0 HIIIOS OZ69 SgSIMU�20M=q&Mgold UG1OMCM99Sf1-C93aK ILI (L 0 w I: :ID— �1111 0 FTF m UN .1 ■ ;P a ilt III �2 LD U fy. ,q U! IL in Q IFT Trr ITL IIA cn (L ■ 06/09/2000 12:03 3056626967 PETER PREVITI PAGE 01 TELEPHONE (305) 662 -9504 PETER PREVITI ATTORNEY AT LAW 5825 SUNSET IDRrirE - SUITE 210 SOUTH N%' MI, FLORIDA 33143 TELEFA.X TRANSMITTAL LETTER Tate: June 9, 2000 Fax No.: 305- 666 -4591 To: LOURDES CABRERq- HERNANDEZ Of. CITY OF SOUTH MIAMI From: DEBORAH S. VERLEY Re: Robin's Building Enterprises Special Use permit application Number of Pages: 8 (iacluding tummitW pagt) If all pages are not received, please call (305) 662 -9504. FACSIMILE (305) 662 -6967 ATTACHED: 1. Copy of the Valet parking contract. 2. Copy of the letter sent to the City Of South N iami regarding the revocation of the Plat. Per our meeting today, please attach documents to the application. 06/09/2000 12:03 3056626967 PETER PREVITI . PAGE 02 �. .� . �. ;1 . • ; e r This Agrctmeaat ( ", greemme) is ma& wW ontanod ime try, aW betwom Quaft Futmg $enice, Inc. Of Fiati4 bMin aar "bUn#W a d 'iwaae OML h cinaitec refare d to ns "mar," Whey,:, the patties hor4to desire tbAt MiUacr opmatc the paexiog &celity 100med a* 592a South Dixie 1Uwy., Soutb I1gav i, Florida 33143 (ttw Tacility °). Now, iherofor , the pis do bereby 65M U follov+rd: 5ecdon 1. Oettja,rt NWsgar hereby age to provide valet parking wvice for ail patrons who dcaire to use the "Paciticy''. 5"od 2. 'Clan and gedltlnyd 7ho t a'ztt of this Agrearne K xW comasema on and shnli c=inae for a period of one ym (1) or uadt such ti mm as one party gtvca to dw- outer thiny (30) stays notice of termination by written notice. Mattagc r wihl provida its sexvlcea ac=ding to the fvilowing schedules: ev t�,� S rndav: Dim a;6.00 PIS• to doh goctica 4. carnmaRfidall 06/09/2000 12:03 3056626967 PETER PREVITI PAGE 03 DINWVL- easat3on to momser for nclrvices fom hnd, Maw "Celloct fkQO Overt A AS camp per month paYable on the: ,,j=aom,m P= of'Five Hundred asid p4�i00 Ao11axS ta�� y and sb4 be 441010d fiat day of etch month. Thk Doe ,hall be tcvicwod p acowdingly a<budneas progrUsm $on9on 5, DAd" apt. U94a hfnnsger abet provid9 such as an ° aontrnclJar and blur Manjigtr nor any of its etl�oploynos Ji bo an WWjtiyed Or aSeot of Qwr+er, Eger shall grq-4w trained, nd$cscat, canrtoa" "d uxsltbtxttnd persot>ud sa Unager to ptovlde. mcc during the luron the L1•vcte:' il< OM fbr budmt. Staffutg levels ar,d boauB may be mdiScd in whh aerie* reqMkonew upon written► nooc` of both PAniea. ,eybvarda claim ahlics, jV.M and Ady tetloirod Dm Vha rAg to "ay C. out its of au Itc= it prnvidw out its dutica. �innf+$� � x°� ovvnr�P p, Provide tsMutiv6, p�viaoty snd c robing mric%for tM pvkwg Oiwadm �. Xn5pvzs5ibie fur paynaat a£ Oil Wa8c6 and appboabte ierai, scato end locml omd workeW coMPMUSOlk f etauranoe. F. �azucga (hall supply 25 Kidit{on,►t spa n at 59M S.W. tbm Sundays at i k0 for usy ovasllow of-Vct�.cles for cf=cr >acrviCea, Mottdayt Timm 6:oQ Fm to ctoft. , Sedob 6, bAmm eer000�s, Maw We A. �greee thu$ th+e entsro tam of + ss ` in force C.Mproh�Ya 'd fi e' for otxnbiacd 1i4VAty ebdora -r=t, •ar0 "'Y IttNtY' end prop "q dada of Sg 00,000.00 l miu of S1,000 00.04 per acddeAt stall wubrCU& ca�'craga auatt p4liCY may coAtaln a ru ns: owner as adiPAOng m ad and acs or�t cover�go for v�fodtarl' pelf- te...�ce..,,n��tito'�n gtoviaion t}p to $la, Owe. Vmh a ooziit =w of lnvjfawA on COWTIBbensive 000-4 ontasinn pOIF�y' Of liar kmVees lrgai lSaWS ty 1!d 'WWkotir A:DMq 06/09/2000 12:03 3056626967 PETER PREVITI oti tl8csates ah4 indicate tbs tbltty QQ) ds4' notate cancelWwit olwae ,,4th notifieatian of ea.=4410tf being seat dir*Wy to Owaw. $eWoxn 7 milk of T1-hJUM A. Matwg, sbs.11 deaf, Wan* and hold b tvWcsa Owha fiTau any >t osuo end 1lp1 liability atiai4 out of or relating to tba pwfEoreuutce or twa- pwftmaoce by M.aagxa of this Agtemwpt, or out of " waliga= of Maw or its employoos, Vromdr,4 that Manager &inch not ba reaponsibib or liable JRx any injury or damage isncomd by any Pat= visitor or emyloyeo of Ownef which iA utuziatad to Manager's perf0MUM,* oar n0"tVftMX0M bOrCUM t, or wbiich w43 riot cawed by the >aeg wewe of Manager or its =ploy**& Oww hereby sgm a to d*.*d, ind=mifSy. wid hold harscticss Mwigp or eta outploy t B,getttts, or tusi8rii. from U"ty fbr any wxh injury or d trot spoaillaally assumed hel-ciu by Mu=ag". Owner farther wknawledges tbat Mansget'a obUV&ons h"Odetr do eat extend to clams or suita under the Anwriom DisaWbti s Ant. Furlltw, 0VMCr acknowledges tbw the duties of Manager bervwdoc Lee not Mended to ba ncr ahoWd be cojwtmcd as a vubstitute ibr awooes uwn public GaWity and psopLrty d3MQ0 itIBwwwe co"a. B. Manager shall not be tespooa a for the theft, loxt or dafmsge of my cements of euwmobiles = iued by XIMwgt r ptttslmat to this AWMIavt unla4 Momnar shall nccivb wottea no6ae tyf such cootvnu dedcdtiva cite items tbereofat the fte tht: automobile is Brra delivered io by a Manager employe, and such notice, Mnager shall be BaWe for s lob dick loss, or damage scaly to the ea wt the saute is 'imposed by law. Fad tirkota are givw to gutat4 to nose xwd rogoireMtXs and cctfndMON. C. Au claims foc propaty lose or detuago aba11 be adjusted by Mu:W'a Cda w Supervisor wbjvA to rho rovivczeaft or arty ap kablc ia+mu6006 Palley acrd *9 provisions ofthis A$reanent. p, pwn¢r atprosyly st:kwwleds,,. !Shat Mcnugees awsafim its towt Won with the mnnagemeut opetatiou and pronw$m of the "Facibty" and 0910oymedt of PM011s i,a connection thert ritX do not iaoh4e, tim roaMon of advice, WPMW,0Q Or fursuetung of pa%Qw sl is connection with the persorgl ufety and sew* of wrAms, wstomwk empbym or other perrans v4tbih or about the "F'actlit ". J xUnager does riot haft know1cd80 or WOW" as a guard Of W=Mity se>rvicc a0d doex not employ pmowd for that ;itafMM, Fa threr, Msrragec does wt iftyu srnptoyt+ea undan&4 the obligations to Vwd or prot%A atetomars against the PAGE 04 06/09/2000 12:03 3056626967 PETER PREVITI PAGE 05 inmcullopAl nu of third parties. owaec shall dotarntiae at Owner's diatzcetion jvhothex, or to wimt extant, soy cautlottery warndngd, sewxity dtwicM or security mrvicea may be required to prgtvct patrome or firers In and about the "Facility ". Owner AuVw a0reft to &lead and butena* and hold hamlevs Men 00m and xpimt any chums, deumuK suits„ lisbilatier, ec judg,mmis wi94 ftm Mar+aaeea aSlisged fiftwe to wash, guard., or to protect perenua LCx or about the Tao ity* $rnu and against any hftu Tonal wroaalW acts rem tfing In AW hum or Iglruy there*m 5cctlon 0. A. The ,pacrzes woe that persomxl fitralmhed by Mu qcr or its amsfgnee;, perf9m paddnS services at the kex.Ioa cornered by this Ageers ml are vahnWe to Manager in the eoatimation of its business. The twoondc Iwo to Mstragsr if Both persomel *tic eWJ yed or retained by others would be subsUuV. ai and wilt, if not to pmWe to mcuum in terms of nmayr. Manawhas iacwrcd expewo id traittwg xmh persomW, and will contitxm to lacer =Pma in trai*g pmw*Wto perform the unique and individual servbcrs requi rM us der this A,greame nt. The mAiAing subparAxv6B of this pmvgrspb are we dbng�r daalpW to Avoid intufftwice with d w rrbttti,onJup between Mampr aped its porsomel by Owner. and any other person, Ann or "oration engaged in a similar bmsbWU acrd to afford remedies to Manager in tda event mrb inba f=ioe should owur. B, owner agcam that it will not employ, dire, retein or coam9t d4vdLy or ixtrlirs** with arty personnel or fbrrW pe r5OMW of )SUZA90, or As agabgaoa, Who pertb=s any service under thug Agretmtrmt %r Owns, to fiuUM eery cAtagary or xxomob$e parjeu% service oRshe, type coramplatod under this AgmemO, fax a period ofom (l) yw after the oiieetivve elate of any tGC dnatign of this Agreement. Swum 4 This A,B M=t may oat bo 1&ered, an snW, or m Gfiod other tyrant by to ,Agrammt W writ "S Aped by the p'utics �"vto. This AVeecnent shalt zones to the bMt* of recd be bindWS upon the pang" hetto and th& suacwors or stitigns. C, This AWecreffl suptutWm any grevims erg mnwt. 06/09/2000 12:03 3056626967 PETER PREVITI PAGE 06 D. NatiM- Atzy notices or p"wAx bw=Wer 9WI be wfWcatiy girtiu w awde if In writing, depowited in the United Sutes Mail, postap prepaid, addtftvA as Ulows: Owner: Nunegw. Terrace Gsil1 5920 South Ml de Hwy. South h%lw i, Florida 33143 Quality Fsrhing 9 etViCe. b= Of Florift isoi Coral way Sub* 210 MAW, Morida 33145 TIAs Agrtcmc t 3ha11 ncn be cat 9med In AM Of OK Aid b* any party bwr , but ShB be construed as if airy partiss prem.-ed this Agreement. Tbit Agredmett Shall inure to Aw bwtat Of, ad be biudktg upon, tacit am Overy one of the partiea bemo, and ti� hairs, personal ropOaencuiM, 694go., sttd Other PX"I M iA interact of coa party 'moo. if any term, provision, oonrcuant, or oondiOon of this Agreement is held by a nowt of ca,crrpn, cnt jutisdiedont to be iwAlld, void, or uvnrdbrcc*Ae, 1bs rertAiWer of the pwv�sions of tho Agtvca»nt XbAU reMaat in pA Jwrce and cffwt " aitall in no %My be :ffamed, irupurired or invalidated. IN WYrNM WSZ MF, the patties hays emuteci this Asrmwt on the day od year act opgoaito their name lrt - Dat+sd: os �,k�o QualityParidna Se woe, Inc. ofFlorida . Pad idawki" Regional vice Pivdrrnt Dated, f;r Terms adu - 06/09/2000 12:03 3056626967 PETER PREVITI PETER PREVITI ATTORNEY AT LAW SUNSET BUSINESS PLAZA 9825 SUNSET DRIVE • SUITE 210 SOUTH MIAMI. FLORIDA 331.13 Or COUNSEL: DEBORAH S. VERLEY April 3, 2000 City of South Miami Attention: Building Department 6130 Sunset .Drive South Miami, Florida 33143 Re: ProneM, owned by Harvey Amster and Ellen Amster Dear Sir/Madam: PAGE 07 TELEPHONE (305) 002.9504 PACSIM4LE (305) 862.9967 VIA FACSIMILE 305- 666 -4591 This letter is to advise that the undersigned has reviewed the present legal description of the property and specifically reference to the description, to -wit: Lots 1 through 19 inclusive, lying Southeasterly of South Dixie Highway (State Road No. 5); and Lots 20 through 24 inclusive, and Lots 28 through 35 inclusive, and Lots 25, 26 and 27 less the East 10 feet of said Lots 25, 26 and 27 and less the South 12 feet of Lot 25, all in "Dom's Brothers Subdivision ", according to the Plat thereof, as recorded in Plat Book 3, at Page 199, of the Public Records of Miami -Dade County, Florida, and all that land shown as "alley" lying in the certain Block containing Lots 1 through 35 of said "Dom's Brothers Subdivision ". In that regard, please be advised that the subject Plat was in fact revoked, as recorded in Deed Book 906, at Page 63, of the Public Records of Miami -Dade County, Florida. This being the case, reference to the Plat is for descriptive purposes only, to identify the location and size of the overall parcel. The individual lots can be referred to for the purpose of determining a certain portion of the property, but in fact no longer exists as a result of the Revocation of Plat. The reference to the revoked plat is merely for the purposes of identifying the property which was once platted, rather than using a metes and bounds description. The test of sufficiency of a legal description is whether the description allows for a positive identification of the property. In the Supreme Court Case of .Burns vs. Campbell 108 So. 46, and Nla, nNd vs. Miller 182 So. 220, the Court ruled, "it is well settled in this jurisdiction that if the description of the land conveyed is such that a surveyor, by applying the rules of surveying, can locate the same, such description is sufficient, and the Deed will be sustained if it is possible from the whole description to ascertain and identify the land intended to be conveyed." 06/09/2000 12:03 3056626967 PETER PREVITI City of South Miami Building Department April 3, 2000 Page Two PAGE 08 Further, a Unity of Title has been filed for Lots 1 through 10, and Lots 21 through 35. For the purposes of the Unity of Title, the property shall be considered as one plot and parcel of land and no portion or parcel of said land shall be sold, transferred or assigned except in its entirety as one plot or parcel. This Unity of Title remains in full force and effect and is binding upon the owners, their heirs or assigns until such time that it is released in writing by an appropriate authorized representative of the City of South Miami. It further indicates that a Release will be provided by the City of South Miami, only when the entire premises are made to conform with the applicable zoning regulations or the use of structure is removed from the premises and there is no further reason to maintain the Unity of Title. Therefore, regardless of the condition as it pertains to the legal description or the utilization of individual lots, the entire parcel is to be treated as one parcel, rather than as separate lots, for building and zoning purposes. Should there be any problems with regard to the matters contained herein, please contact the undersigned. Sincerely, Peter Previti PP/br cc: Mr. and Mrs. Amster PETER PREVITI. ATTORNEY AT LAW. D925 SUN3CT DRIVC, 3V1TC 210, SOVTN MIAMT. PL 3314.3. TCL C397) 042-A504. PAX C305) B62 -e9e7 V7 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 during its regular City Commission meeting on Tuesday, August 1, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A 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 IN THE "SR (HID)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 4.4.1(1) OF THE LAND DEVELOPMENT CODE FOR VALET PARKING VIA SPECIAL PERMIT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY, TERRACE GRILL RESTAURANT. Inquiries concerning this item should be directed to the Planning Department at: 663 -6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission 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. mn�anm 4. �� I�jIIliS9� i x.. m r o .r Jn - Jaa no.s LY - v 4 ,/ JoS JoS m I d s v- b '11� � G FA/ GL D6 v1AN0 45 79 So`• + i /, 2il V �IC�R • _ 34 �}- J I9 BIB= + Z. 37 � IB J ,L � ,� � � ,� .� •. l0 ►`� .� L � A O //' � � �.. So I—IT7, � i J! !o HE f' fi �I AS % 7S rT 40 mn�anm 4. �� I�jIIliS9� i x.. m r o .r Jn - Jaa no.s LY - v 4 ,/ JoS JoS m I d s v- b '11� � G FA/ GL D6 v1AN0 45 79 So`• + i /, 2il V • _ 34 �}- J I9 + Z. 37 � IB J ,L � ,� � � ,� .� •. l0 ►`� .� L � A O //' � � �.. So I—IT7, � i J! !o f' fi �I AS % 7S rT 40 f7 5 S rf P N +2. r, • ao ! Subject �u; I z P'g / ? . ed� • Z�to 7S 7S 40j • Y•5_ f . .Y i j At. lti .w 40 •�wi�t �.. 0'U.i /• • co ! �) +�o a ; L �/a1.S ra . D 41 .s o Q�d r �� 1000, a � 14 51 46 ff ,a 44 fl aGJTo.J / 50 e e +�a o �' H 2 ltt q• oe �1 �1 •O f1 Joo / So t tt 9 --148 4E 46 r p a a 8 n 1D !S Do JS 16 m • C .000, 2 • � .' � 0 M. � '0 141 : "I f S. W. 7.f •" TER. i Joo .r „ - Jaa no.s T ` v 4 ,/ JoS JoS m � � � b '11� � G FA/ GL D6 v1AN0 45 79 s � a ! Jra r iqo r 4 90 S JTO JJ>s J4a ry f 7r N uo.2 T ` v 4 ,/ JoS JoS m � � � b '11� � G l7 ` JSo 17.7 17.7 217 r So`• + i /, S V • _ 34 I9 + Z. 37 � IB J � ,� � � ,� .� ►`� as I—IT7, /6 J! s � a ! Jra r iqo r 4 90 S JTO JJ>s J4a ry f 7r N uo.2 T ` v 4 ,/ JoS JoS m � � � b ' r ` JSo 17.7 17.7 217 r s � a ! Jra r iqo r 4 90 S JTO JJ>s J4a ry f 7r N 0 LYJ CITY OF SOUTH MIAMI PIanning Board Regular Meeting Action Summary Minutes Tuesday, July 11, 2000 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag DRAFT Action: Mr. Morton, Chair, called the meeting to order at 7:42 p.m. and the Pledge of allegiance was recited. II. Roll Call Action: Mr. Morton performed roll call. Board members present constituting a quorum Mr. Morton, Mr. Comendeiro, Mr. Liddy, Mr. Mann, Ms. Cliimelis, Mr. Illas (arrived 7:44 p.m.) Board member absent Ms. Gibson City staff present Subrata Basu (ACM/Planning Director); Lourdes Cabrera - Hernandez (Planner); David Struder (Board Secretary) III. Public Hearings (Planning Board) A. ITEM: PB -00 -013 Applicant: Harvey Amster 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 PERMIT TO LOCATE A GENERAL RESTAURANT IN THE " SR (HD)," SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICT, SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. Location: Terrace Grill Restaurant 5920 South Dixie Highway, South Miami, Florida PB Minutes 07 -11 -00 Action: Ms. Chimelis read the request into the record. Staff introduced the item, clarifying that the restaurant will not be strictly an Italian one in nature and noting their conditions for approval, including the drafting of a formal agreement with the property owner for valet parking. Public speakers included: Mr. Tom Cooper; Mr. David Tucker, Sr.; Ms. Deborah Verley; and Mr. Rabih El Annan The Board, Mr. Cooper, and staff discussed the project, including parking issues, such as a change in original parking calculations and the provision to have valet parking utilized for the restaurant. Ms Deborah Verley, attorney, and Mr. El Annan, approached the podium and presented the project, summarizing staff s earlier introduction. Mr. Cooper returned to the podium, continuing with presentation of the project, including a walk through of the proposed floor plans. A member of the public, Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board. Concerns expressed by the Board included but were not limited to the following: trash compactor area located on the property needs to be monitored for cleanliness; no valet parking is to be done on the property; and location of the valet parking station with respect to the fire lane on the property. Motion: Mr. Morton moved approval, including amendments with stipulations, as follows: (1) that the dumpster area be controlled and/or maintained, either by the tenant or the property owner, with Code Enforcement involved as much as necessary; (2) that the final working drawings reflect the proposed valet station, done prior to the fire marshal for approval; (3) that a secondary agreement between the valet service and the property owner be drafted; (4) that a reentry configuration to `Splash' is incorporated into the final working drawings to shift it from the trash departure area. Mr. Mann seconded the motion. Vote: Approved 3 Opposed 3 (Mr. Illas) (Ms. Chimelis) (Mr. Liddy) Following the taking of the vote, the Board continued with concerns relating to the project, such as the valet station/fire lane issue, as well as to verbiage contained in the motion. Mr. Morton offered to reopen consideration of the matter. Second motion: Mr. Morton moved approval, with the elimination of the first stipulation and the fourth stipulation, as contained in the first motion, with two remaining elements: (1) that the fire lane issue with respect to valet pick -up and drop -off be resolved, and (2) that fire lane approval through the fire marshal be achieved, with a very clear presentation on how the area is suppose to function as part of working drawings. Mr. Mann seconded the motion. PB Minutes 07 -11 -00 2 Following formulation of the second motion, the Board continued with concerns relating to the project, particularly the valet parking station/fire lane safety issue. Mr. Morton called for the vote on the second motion. Vote: Approved 4 Opposed 2 (Mr. Illas) (Ms. Chimelis) The Board discussed which member would represent the item during its consideration at a future City Commission meeting, with no particular member being chosen. IV. Discussion Items No discussion items were scheduled at meeting time. V. Approval of Minutes Action: The Board duly voted on and approved the minutes of May 30, 2000, as amended. Vote: Approved 6 Opposed 0 VI Remarks / Discussion Action: Remarks /discussion items included but were not limited to the following (1) which member would represent the proposed parking garage matter during its consideration at a future City Commission meeting; (2) length of Board minutes, including current City policy to draft action summary minutes; (3) future applications for a similar use, i.e., restaurants, have seating plans; (4) future applications have thorough histories included in the staff report. VII. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting. PB Minutes 07 -11 -00 Ju ' 1-24 -00 04:58P Dover, Kohl & Partners 305 666 0360 P_Ol CI IAEL, COOPER & ASSOCIATES P.A. a r c h i t e c t u r e July 21, 2000 Subrata Basu, Assistant City Manager, Director of Planning City of South Miami South Miami City hall 6130 Sunset Drive South Miami, FL 33143 RE: Terrace Grill Fire Marshal Review. Dear Subrata: During the Planning Boards review of the Terrace Grill Restaurant a question was raised with respect to access of the fire trucks to the site. The concern was if the valet parking stand was located where the fire trucks had to maneuver on site it might prevent the fire trucks from being able to fight a fire. I said that I would be glad to talk with the Fire Marshal to determine if there was a problem with the location of the valet parking stand and the "fire Lane" or fire truck access to the site. Ms. Chamilis said she would like to go with me when I talked with the Fire Marshal. When 1 called to set the appointment with the Fire Marshal, Tarry Welch, we had a conversation about the questions raised by the Planning Board members. He was familiar with the site. He asked if there was an existing fire lane on the property. T told him to my knowledge there was not. Harvey Amster, owner of the site, later confirmed this fact. Fire Marshal Welch said unless the owner asked for a fire lane to be located on his site there would not be one. Ile indicated that since there was no fire lane on the property he had no jurisdiction over the interior site review. He also said that if there were a fire in the building housing the Terrace Grill Restaurant the fire would be fought from the US -1 side since: 1. The fire hydrant is located on US -1, 2. The access would be better and more open from US -1 and 3. The fire department would look for the building address, which would be seen from US-1 since it fronts on the highway. I asked if he would write a letter explaining these points. He indicated that it was a policy of the Fire Department not to write letters but he would e-mail me a quick response. His e -mail is attached to this letter. in;l filialionwith DOVI:It, KOHL& 1ARIN[:Itti 5979 Sunset Drive, Suite 1 • South Win* FL 331.13 • Tel: (305) 666 -0185 • Tax: (305) 666 -0360 • #AA0002980 Ju ' 1-24 -00 04:58P Dover, Kohl & Partners 305 666 0360 P.02 Terrace Grill Restaurant — Valet Parking Stand Location July 21, 2000 Page 2 of 2 Based on the above information the location of the valet parking stand will not impact fire- fighting access to the site. However, we believe the best location for the valet parking stand should be in the location shown on the attached drawing, at the southeast corner of the site. The location of the stand will provide the best cueing space for cars. This will leave the remaining circulation portions of the lot free for normal access. I feel the Fire Marshals response and the proposed location of the valet parking stand will provide the best conditions both for the Terrace Grill Restaurant and the City of South Miami. Sincerely, f l c?n ad Thomas T. Cooper, AIA cc: Larry Welch, Fire Marshal Harvey Amster Peter Previti, Esq. Rabih E1 -Annan Jul -24 -00 O4:58P Dover, Kohl & Partners 305 666 0360 P_O3 Tom Cooper From: Welch, Lawrence (MDFR) [dwCco.miami- dadeAus] Sent~ Thursday, July 20, 2000 10:26 AM To: 'tcooper @chaelcooper.com' Cc: Carlton, Earl (MDFR); Gurliaccio, Salvy (MDFR) Subject: 5920 South Dixie Highway Emergency vehicles will respond to the US 1 entrance to this building. Jul -24 -00 04:58P Dover, Kohl & Partners O +tO•s+t 110( IsfYl 1110.11( flat 1:111 (tilt YOITOII 'IV1Y111 "Mot t )1 /nt •1A170 lltHnt etst I r + I v ; o 'V'J S3.LVIJOSSV'P ?]SJOOJ'73VHJ I 1� 305 666 0360 P -04 1111NY AlAvvH :Vol 1`r volvoll 'INYIM Hlnos 'AYMH71H 11110 iflaos ages f d SHSRIJHgINH DNICITna S,Nlaox l HOJJNIGlinflasn- oaxtvq II I( II }r. U � I � I I _J 3nH ?AY ti ? t -'— ter-- -- y- �j► '� t I •4 r, I UZ 1�� u i *�a4t4i� b b n b r, b y b! •in �1 v� v a r i .6 J 1 Cl r�49L' `I 1; 0 3Y���`;��v�JbYa yb e r r OTHER REGULATIONS 20 -4.4 Uses Weekdays Weekends Nightclub 5% 50% 5% 100% 90% 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through through through through 6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m. Apartment or 10% 100% 75% 100% 100% Townhouse Other Uses 100% 10070 100% 100% 100% Method of Calculation: Step 1. For each of the five (5) time periods, multiply the minimum number of parking spaces required by Section 20- 4.4(B), Space Requirements. Step. 2. Add the results of each column. The required number of parking spaces shall equal the highest column total. (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the city commission may reduce the number of required off - street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its Potential user relationship to rapid transit facilities. as provided for under Section 2044(j). (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision of valet parking spaces via special parking permit approved by four affirmative votes of the city commission, pursuant to the following conditions: (1) The valet parking operation shall comply with Section 20- 4.4((1\1)as amended from time to time, of the South Miami Land Development Code, entitled "Valet Parking" [The remaining paragraphs are numbered and reordered.] (2) The number of required parking spaces that are not provided on the same property as the use approved for valet parking shall be provided via the off -site parking provision in Section 20- 4.4(F)(2), or the city commission may approve the use of on- street parking spaces to provide for a portion of or all of the required parking spaces. (3) Valet parking, as provided in Section 20- 4.4(I), shall not make use of off -site parking located adjacent to residential property and/or RO zoned property after 7:00 P.M. (4) In no case shall vehicle stacking or double parking be permitted on public rights -of -way or public streets to supply the required parking spaces for the valet special parking permit. (urci. No. 9 -99 -1683, § 4, 5 -4 -99) (J) Interim Parking Permit. In SR, MO and TODD zoning districts, due to the limited land available for parking, Interim parking may be permitted by four (4) affirmative votes of the city commission, subject to the following criteria: (1) A site plan demonstrating all physical aspects of the operation must be submitted and approved by the City. Supp. No. 5 96.1 20 -4.4 SOUTH MIrllVII LAND DEVELOPMENT CODE `(F) Location and Ownership of Spaces. (2) Spaces located off -site. (a) Off -site parking spaces shall be permitted in RM, RO, L0, MO, NR, SR, GR, TODD, H, PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off - street parking spaces may be located and maintained up to six hundred (600) feet from a residential or institutional use served and up to one thousand (1,000) feet from a noninstitutional and nonresidential use served. (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided, or as a condition of the issuance of the building permit for the principal use, the owner of the off -site parking shall record a covenant in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time such off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. rarking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off - street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. (Ord. No. 9 -99- 1683, § 4, 5 -4 -99) (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to share the same required off - street parking spaces in a common parking facility, according to the following table: Uses Weekdays Weekends 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through through through through 6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m. Office or 100% 5% 10% 5% 5% Bank . Retail 60% 20% 60% 60% 5% Hotel 50% 60% 60 % 100% 75 %e Restaurant 50% 75% 75% 90% 10% Theater 10% 70°0 60% 90% 10% Supp. No. 5 96 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 Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review flk/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 advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS — 8/1/00 RESOLUTION RELATING TO REQUESTS PURSUANT TO SECTION 20- 3.4(B)(4)(b), ETC. in the ............. XXXXX ................... Court, ..... ............. waj111 -I tied i, sa) 6bvyaper in the Issues of 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 Mlami -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 sh W er paid nor promised any person, firm or cor Lion any iscount, rebate, com- mission or fund �o urpose of ecuring this advertise- ment for ublicI, a said neWSpaper. Swo>!uto d subscribed before me th* 00 .JJ LL �! n LL IMUN (SEAL) Octetma V. F - ..:Wr�( ma�sl �, r ,, V 3o5oH� i EXPIRES: March 4 2C 0a Bcncag Thni NGary PLb::t undreMtx. MEMM v 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 during its regular City Commission meeting on Tuesday, August 1, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20.3.4(8)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROV- AL TO LOCATE A GENERAL RESTAURANT IN THE -SR (HD)' SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZON- ING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 4.4.1(1) OF THE LAND DEVELOPMENT CODE FOR VALET PARKING VIA SPECIAL PERMIT IN THE -SR (HD)- SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPE- CIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY, TERRACE GRILL RESTAURANT. Inquiries concerning this item should be directed to the Planning De- partment at: 663.6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that it a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing 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 evi- dence upon which the appeal is to be based. 7/21 00-3-111174389M CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 30, 2000 From: Charles D. Scurr City Manager REQUEST G ,✓J Agenda Item -_ 2 Comm. Mtg. 8 /1 /00 Re: Valet parking for 5920 South Dixie Highway A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 4.4(I) OF THE LAND DEVELOPMENT CODE FOR VALET PARKING VIA SPECIAL PERMIT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. APPLICANT'S REQUEST: The applicant is requesting approval for a Valet Parking via Special Parking Permit for a restaurant, the Terrace Grill Restaurant, at the above referenced location. The restaurant has a total of 4,434 square feet. The request for offsite valet parking will accommodate the customers during the dinner hours only, when both floors will be used. Dinner hours are from 5:30 p.m. to 10:00 P.M. SPECIAL CONDITIONS APPLICABLE: Section 20- 4.4(I) of the LDC provides that Valet Parking via Special Parking Permit may allow for up to 50% of the required parking for hotels, hospitals, offices, and nightclubs, restaurant, or retail establishments. The approval of this special parking permit requires four affirmative votes of the City Commission, pursuant to certain conditions specified in the Land Development Code (see Section 20- 4.4(I). and 20- 4.4(F)(2) Attached). STAFF ANALYSIS: The request for offsite valet parking is permitted under Section 20- 4.4(I) Valet Parking via Special Parking Permit of the LDC. The restaurant requires a total of forty -five (45) parking spaces (1 space for every 100 SF). The site has twenty -four (24) existing parking spaces requiring twenty -one (21) additional parking spaces and applicant is providing twenty -two (22), which is achieved through valet spaces that can only be obtained during the evening hours from the nearby office buildings. RECOMMENDATION APPROVAL subject to the following conditions: 1) that the applicant shall comply with all the provisions for off -site parking and valet parking as set forth in LDC Section 20 -4.4 (I); 2) the location of the valet parking stand area shall be at the corner of SW 73 "� St. and SW 59`" Ave., as shown on plans submitted on July 21, 2000. Attachments: Proposed draft resolution Copies of Public notices Copy of Section 20- 4.4(I) and (F)(2) of the LDC (2) CC\Agenda12000\special use Terrace Grill Restaurant 5920 South Dixie Highway doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 4.4(1) OF THE LAND DEVELOPMENT CODE FOR VALET PARKING VIA SPECIAL PERMIT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. WHEREAS Harvey Amster, property owner of 5920 South Dixie Highway has submitted an application for a special use to allow a general restaurant to be located in the "SR(HD) "Specialty Retail, Hometown District Overlay zoning districts specifically at 5920 South Dixie Highway; and WHEREAS, the proposed restaurant will require that a total of forty -five (45) parking spaces be provided; and WHEREAS, the property owner is proposing the use of valet parking to provide twenty - two (22) of the required parking spaces; and WHEREAS, a valet parking may be used for up to 50% of the required parking for restaurants in the "SR(HD) ", Specialty Retail, Hometown District Overlay zoning districts subject to meeting certain conditions specified in the Land Development Code Section 20- 4.4(I);and WHEREAS, the approval of valet parking via a special permit requires four affirmative votes of the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That a special permit is approved for twenty -two (22) valet parking spaces to meet the off - street parking requirements for a general restaurant at 5920 S. Dixie Highway subject to the following conditions: (a) the applicant shall comply with all of the provisions for off -site parking and valet parking as set forth in LDC Section 20 -4.4 (I); 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (b) the location of the valet parking stand area shall be at the corner of SW 73`d St. and SW 59`x' Ave., as shown on plans submitted on July 21, 2000. 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 (2) day of 52000. APPROVED: MAYOR 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 during its regular City Commission meeting on Tuesday, August 1, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A 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 IN THE "SR (HID)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 4.4.1(1) OF THE LAND DEVELOPMENT CODE FOR VALET PARKING VIA SPECIAL PERMIT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY, TERRACE GRILL RESTAURANT Inquiries concerning this item should be directed to the Planning Department at: 663 -6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission 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. PM 4 ro0 1 S .S ' r ^ �v u5 73, 40 n o 1-7 0 S-4 1 4 L • r -• o. / r1 r ° r Subject "" z I z / 0l 0 .r rr r N 148 : r / O N 27 17 Do 1n S �A ' 1.41 '` 4 'r° 24 it S1 46 f! IL C R IIl1lII��� 50 40 sk o a =G C 41 ,4 4 , Sl /4 . . 77 *r' 7E R. s. r N j i /00 /nlO. �Q.NIII6��III�II-� lZZ 3 m.C•" +. o r• _ u • 3t IfsJ/ 9 to J • ' to J7 18 _ _ •� r o o • S 5 t h . iJ H ' J t � • r ° Q 1 � /6 I 7 � � � ZOOM e a9 f-81 48 / So .7 n•7 sa7 r. ,4 175 Sp /,o e i N� /c3 �t /� o N 4 ro0 1 S .S ' r ^ �v u5 73, 40 n o 1-7 0 S-4 1 4 L • r -• o. / r1 r ° r Subject "" z I z / 0l 0 .r rr r N 148 : r / O N 27 17 Do 1n S ' 1.41 '` 4 'r° 24 it S1 46 f! IL C R 50 40 sk o a =G C 41 ,4 4 , Sl /4 . . 77 *r' 7E R. s. r N 4 ro0 1 S .S ' r ^ �v u5 / l5 n o n 1 4 L • r -• o. r ° r / 0l 0 .r rr r N 148 : r / O N 27 17 Do 1n S r Z FAGL / D6 vANO 4 79 /4 . . 77 *r' 7E R. s. r N j i /00 /nlO. � lZZ 3 m.C•" . +. o r• u • 3t IfsJ/ 9 to J • ' to J7 18 _ _ •� r o o • S 5 t h . iJ H ' J t � • r ° Q 1 � /6 I 7 � � � e a9 f-81 48 / So .7 n•7 sa7 r. ,4 175 Sp /,o e i N� /c3 �t /� o N 20 -4.4 SOUTH INILMMI LAL D DEVELOPMENT CODE (F) Location and Ownership of Spaces. ` (2) Spaces located off- -site. (a) Off -site parking spaces shall be permitted in RIM, RO, LO, M0, NR, SR, GR, TODD, H, PR and PI districts, with the provision that if off - street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off - street parking spaces may be located and maintained up to six hundred (600) feet from a residential or institutional use served and up to one thousand (1,000) feet from a noninstitutional and nonresidential use served. (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided, or as a condition of the issuance of the building permit for the principal use, the owner of the off -site parking shall record a covenant in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time such off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. Parking s be permitted in vard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not (be) permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off - street parking space shall be Iocated within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. (Ord. No. 9 -99- 1683, § 4, 5 -4 -99) (G) Joint Use Spaces via Special Parking Permit. Two (2) or more uses may be permitted to share the same required off - street parking spaces in a common parking facility, according to the following table: Uses Weekdays Weekends 6 a.m. 6 p.m. 6 a.m. 6 p.m. 12 a.m. through through through through through 6 p.m. 6 a.m. 6 p.m. 12 a.m. 6 a.m. Office or 100% 5% 10% 5% 5`i0 Bank . Retail 60% 207c 60% 60% 5% Hotel 50% 6017c 60% 100% 75% Restaurant 50% 75% 75% 90% 10% Theater 10% 700'0 60% 90% 10% Stipp. No. 5 96 i OTHER REGULATIONS 20 -4.4 Uses Weekdays Nightclub Weekends 5% 6 a.m. 507C 5% a.m. 100% 90% through thro mh th o 6 p.m. through 12 a.m. Apartment or 6 m. P 10% 6 a.m. 6 p.m. 12 a.m. through 6 a.m. Townhouse 100% 75% 100% 1000 Other Uses 100% 100CC c 100 is Method of Calculation: 100c% c 100% Step 1. For each of the five (5) time periods, multiply the minimum number of parking spaces required by Section 20- 4.4(B), Space Requirements. Step. 2. Add the results of each column. The required number of parking spaces shall equal the highest column total. (H) MetroRail Usage Considerations via Special Parking Permit. When all or a portion of a proposed structure or use is to be located within one thousand five hundred (1,500) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the city commission may reduce the number of required off - street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities. as provided for under Section 20- 4.4(J). (I) Valet Parking via Special Parking Permit. Up to fifty (50) percent of the required parking for hotels, hospitals, offices, and nightclubs, restaurants or retail establishments may be satisfied through the provision of valet parking spaces via special parkinP four affirmative votes of the city commission, pursuant to the following conditi nsPproved by (1) The valet parking operation shall comply with Section 20- 4.41(M)as amended from time to time, of the South Miami Land Development Code, entitled "Valet Parking" (The remaining paragraphs are numbered and reordered.] (2) The number of required parking spaces that are not provided on the same property as the use approved for valet parking shall be provided via the off -site parking provision in Section 20- 4.4(F)(2), or the city commission may approve the use of on- street parking spaces to provide for a portion of or all of the required parking spaces. (3) Valet parking, as provided in Section 20- 4.4(I), shall not make use of off -site parking located adjacent to residential property and/or RO zoned property after 7:00 P.M. (4) In no case shall vehicle stacking or double parking be permitted on public riQ or public streets to supply the required parking spaces for the valet special parking permit. )rd. No. 9 -99 -1683, § 4, 5 -4 -997 (J) Interim Parking Permit. In SR, MO and TODD zoning districts, due to the limited land available for parking, Interim parking may be permitted by four (4) affirmative votes of the city commission, subject to the following criteria: (1) A site plan demonstrating all physical aspects of the operation must be submitted and approved by the City. 5upp. No. 5 96.1 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 Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Dally Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Mlaml- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS- 8/1/00 RESOLUTION RELATING TO REQUESTS PURSUANT TO SECTION 20- 3.4(B)(4)(b), ETC. in the .. „ XXXX ...................... Court, was. publisfed in sajtl�e,�v8paper in the issues of Affianl further says that the said Miami Dally Business Review is a newspaper published at Miami In said Mlami- 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 Mlaml -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 er paid nor promised any person, '(m or cor, upon �of iscou9t, rebate, com- mission or fund ur oscurin this adve rtise- ment for ublicati Mhe said tser. \' \Swo en n to d subscribed before me 10 0 0 .1. ay �...: 'f .......)...1.]....., A.D........ .r ....... ............,,,, ,...r........ .......... ..... . (SEAL) Octelma V. F 1��� IA r �'so�a� k,4 A :. I t 2n�fid0 t EXPIRES: March 4, 2004 Bcncad Thni Nctary PLb:Ic Undren:crs A s Q 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 during its regular City Commission meeting on Tuesday, August 1, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 203.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROV- ALTO LOCATE A GENERAL RESTAURANT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZON. ING DISTRICTS SPECIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20. 4.4.1(1) OF THE LAND DEVELOPMENT CODE FOR VALET PARKING VIA SPECIAL PERMIT IN THE "SR (HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICTS SPE- CIFICALLY LOCATED AT 5920 SOUTH DIXIE HIGHWAY, TERRACE GRILL RESTAURANT. Inquiries concerning this item should be directed to the Planning De- partment at: 663.6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing 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 evi- dence upon which the appeal is to be based. 7/21 00.3- 111/74389M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission DATE: July 26, 2000 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager Ltl;419 Commission Meeting August 1, 2000 Rental Fee Increase Non - Residents REQUEST The purpose of this memorandum is to seek the approval of the attached resolution for an increase in fees for the rental components which the City of South Miami Parks & Recreation Department has established, and increasing only the non - residents' status. BACKGROUND The Parks & Recreation Department has completed a study of pavilion rental fees as well as tennis fees in neighboring municipalities. The Parks & Recreation Department has communicated their findings with the Parks & Recreation Cultural Board. We have mutually agreed that the non - resident fees in the City of South Miami in regards to pavilion rentals and tennis fees are extremely low. (See comparison insert). The Parks & Recreation Department has made tremendous improvements to all our parks and will continue to do so. A portion of the proposed increase to non- residents can fund several park projects as we continue to enhance our facilities. The Parks & Recreation Department along with the Parks & Recreation Cultural Board could suggest projects to under take. The following increase is recommended in pavilion rental for non - residents utilizing Fuchs and Dante Fascell Park: from $85.20 to $1.25.00; at $125.00 we are still charging less than Tropical Park, AD Barnes Park and all parks in Coral Gables. The following is recommended for non - resident fees in tennis: Hourly rate from $3.00 to $4.00 Individual Membership $202.35 to $300.00 Family Membership $303.53 to $400.00 I recommend approval. RenW Fees Non-Residents 2000 Commission Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING CITY MANAGER TO INCREASE NON - RESIDENT FEES FOR PAVILION RENTALS, TENNIS MEMBERSHIPS, AND HOURLY COURT RATES EFFECTIVELY OCTOBER 1, 2000. WHEREAS, The City of South Miami Parks & Recreation Department along with the Parks and Recreation and Cultural Affairs Board recommend an increase in the non- resident fees for Pavilion rentals, Tennis Memberships, and hourly court rates; and And WHEREAS, The proposed increase would be as follows: Pavilion Rental from $85.20 to $125.00 Tennis Fees: Hourly Court Rate from $3.00 to $4.00 Individual Membership from $ 202.35 to $300.00 Membership Family from $303.53 to $400.00 WHEREAS, The proposed increase would go into effective October 1, 2000, and WHEREAS, The additional dollars received from the increase would go into an account to be used for park projects approved by the board, and WHEREAS, The City of South Miami currently charges $85.20 to non - residents for pavilion rentals but at nearby Tropical Park, pavilion rentals range from $150.00 to $235.00, A.D. Barnes Park located by Bird Road and 72 Avenue, pavilion rentals run from $165.00 to $233.78 per pavilion, and WHEREAS, Another comparison is with the City of Coral Gables that charges $130.00 per hour for pavilion rentals, and WHEREAS, The Parks & Recreation Department has considerably enhanced our City's Park facilities, i.e. restrooms, renovation and new Tot Lots,have been installed and the improvements continue with new amenities (picnic tables, benches, trashcans, and grills have been installed in all our parks), and WHEREAS, The proposed increase for non - residents still continues to be a fair amount and with the extra revenue received will continue to contribute to the development and enhancement of all our City parks. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the above mentioned increase would be implemented immediately. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 53 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August, 2000 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Fee in—w non- reWwts 2000 APPROVED: MAYOR S REN-TAU N0N'-RES10 MT 'I 14, Fuchs Park Pavilion $35.20 Dante Fascell Park Pavilions $35.20 Tropical Park A.D. Barnes Park DADE COUNTY PARKS S 150.00 Small Pavilion $ 165.00 Small Pavilion CITY OF CORAL GABLES Park Pavilions $30.00 per hour Hourly Court Rate Individual Membership Membership Family Hourly Court Rate Individual �tifembership Membership Family Hourly Court Rate Individual Membership PmJlxgi ratt.d ixatrntJett Cx ">u S,;OU� INI fil IAii1 I) TIN N I S NON'- RSIDENTs�f E- S 3.00 S202.35 S303.53 CORAL GABLES TENNIS NON - RESIDENT FEE S 5.00 $ 311.13 S633.88 NIIAMI BEACH TENNIS S 3.20 S350.00 S 235.00 Large Pavilion S 233.73 Large Pavilion