Loading...
07-06-99MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 6, 1999 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: July 27, 1999 Phone: (305) 663 -6340 Time: 7:30 PM 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 IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. City Manager's Report 2. City Attorney's Report CONSENT AGENDA 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE COMMISSIONS FOR WOMEN; PROVIDING FOR APPROVAL OF AMENDMENT TO BY- LAWS AND, PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 CITY COMMISSION AGENDA AGENDA - July 6, 1999 1 x 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEMBERSHIP FOR THE CITY OF SOUTH MIAMI IN THE CHAMBER OF COMMERCE, AT A COST NOT TO EXCEED $1,700 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01- 1100 - 511 -5410, MEMBERSHIP AND SUBSCRIPTIONS. (Mayor Robaina) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION (S) HEARING 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20- 7.10 "DOWNTOWN STREETS" AND 20 -7.13 "REGULATING PLAN" OF THE LAND DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE HOMETOWN DISTRICT AND SPECIFICALLY AT 5966 AND 5979 SOUTH DIXIE HIGHWAY AND ON A PARCEL AT THE CORNER OF SOUTH WEST CORNER OF S.W. 74TH STREET AND 59TH PLACE. (deferred from June 8, 1999, continued from June 28, 1999) (Staff recommends a continuance.) 4/5 RESOLUTION (S) There are none 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 COMISSION 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 CITY COMMISSION AGENDA 2 AGENDA - July 6, 1999 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7/2/99 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 7/6/99 City Manager Commissions For Women The attached resolution sponsored by Commissioner Mary Scott Russell amends the by -laws for the Commissions For Women. BACKGROUND The Commission on the Status of Women was established by Ordinance No. 7- 974628. Each member has demonstrated a commitment to improve the condition of women through community and other service. The membership reflects the racial and ethnic diversity of the residents of the City of South Miami. In order to conform to the State of Florida the City Commission adopted Ordinance No. 12 -99 -1685 to reflect the name change from the Commission on the Status of Women to Commissions For Women. ANAL YS /S The Commissions For Women at its May 24, 1999 meeting unanimously approved amending Article IV, (1) from one to two year terms. A change is also being made to reflect the name change. CONCLUSION Given the fact that this is a very active Board the Commission desires to approve the amendment to the by -haws. Attachments 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMISSIONS FOR WOMEN; PROVIDING FOR APPROVAL OF AMENDMENT TO BY- LAWS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions and commitment made by women to improve the condition of women through community and other service; and WHEREAS, Ordinance No. 7 -97 -1628, adopted by the City Commission established the City of South Miami's Commission on the Status of Women and now desires to appoint appropriate members to fill that Commission; and WHEREAS, To conform with the State of Florida the City Commission adopted Ordinance No. 12 -99 -1685, on May 18, 1999 changes the name from the Commission on the Status of Women to the Commissions For Women; and WHEREAS, The Commissions For Women at the May 24th Commission meeting by unanimous consent amended its by -laws by amending Article IV, Section by changing the term from one to two years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby approved the by- laws for the Commissions For Women. Section 2. The resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR , 1999. COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: BYLAWS CITY OF SOUTH MIAMI COMMISSIONS FOR WOMEN-ON ..T— H- E- STAT -US -OF W0A ARTICLE I. The name of this organization shall be the City of South Miami Commission en the -Status ... € -Wa Commissions For Women, hereinafter known as the SMCSOW, an organization established by the South Miami City Commission by Ordinance No. 7 -97- 1628, on April 1, 1997. ARTICLE lI. Section 1. The object of this association shall be to seek for every woman privilege equal to her potential and responsibility; to inspire in women for self - improvement and pride of being, regardless of race, color, creed or age; to encourage involvement of women in matters pertaining to community progress; to encourage women to recognize family environment as fundamental to preservation of our nation culture and security; to work toward utilization of capable women in roles of leadership; and to work toward legislation granting women equality before the law. Section 2. The SMGOS4WSMCFW shall have the following duties, functions, powers and responsibilities as established in the City of South Miami Ordinance No. 7- 97 -1628 and amended by Ordinance No. 12 -99 -1685. a. To serve in an advisory capacity by making investigations, studies, reports and recommendations to the City Commission, and the community, in respect to all matters pertaining to the status of women in South Miami, including, but not limited to, the fair and equal treatment of women; those policies and practices which discriminate against women whether practiced by public or private persons, individuals or corporations; and the public and private employment of women, the working and living conditions of women, the delivery of public and private services to women and the education and training of women and public accommodations of women; b. To make continuing studies and recommendations and reports of all city agencies, facilities, boards, services and programs dealing with or affecting women, including equal funding of such facilities, services and programs; c. To study, recommend and report any needed improvements and changes to city codes, boards, ordinances, resolutions, and written and unwritten policies and practices of the City. Bylaws - City of South Miami 1 C--o issi©n- on-4he- Status-of- Women. Commissions For Women d. To appear before the governmental or non - governmental agency to present findings and recommendations on behalf of the Commissions For Women -ef the-- &tatus - -of- Warren, as well as on behalf of the City with approval of the City Commission; e. To solicit contributions; services and financial support from other governmental authorities, private businesses, groups, institutions and trust funds; f. To serve as a liaison or informal mediator among the City Commission, the city administration, the city employees and the users of city services and facilities. The Commission en the Status � Qr 'omenCommissions For Women may consult with representatives of these groups from time to time as necessary to carry out the Corm ssion - -on -- the - -Status -fl€ WamenCommissions For ,Women's duties and functions; and g. To perform other duties, functions and serves as may be assigned to it by the Commission. ARTICLE III. Section 1. The membership of t his organization shall consist of 10 members, all of whom shall be permanent residents or employed in businesses in the city for two or more years. Each member shall have demonstrated a commitment t o improve the condition of women through community and other services. The membership shall reflect the racial and ethnic diversity of the residents of t he City of South Miami. Section 2. Members, while serving, shall not become candidates for election to any public office. Section 3. It shall be the responsibility of each member to attend all meetings of the SMC— SGWSMCFW and Task Force meetings, of her primary assignments. A member failing to attend four (4) consecutive regular meeting shall be removed by the City Commission after the staff liaison has notified said member in writing. Section 4. The members shall be deemed to have been removed and a vacancy created. Appointments to fill any vacancy on the Committee shall be for the remainder of the un- expected terms. Section 5. Members may speak on behalf of the SMC- OSO-WSMCFW only with express permission of the Chairperson or with the approval of the membership. Section 6. Any member desiring to resign from the organization shall submit her resignation in writing to the Mayor, the Chairperson and the staff liaison. Bylaws - City of South Miami 2 E- nm*issioit-or 4he- Status•of- W,ommen_ Commissions_ For Women Section 7. All actions of this Commission shall be within the purview of the laws charter,. and rules set _. forth ,. by,,, 1ht..pjtizens .. and _,_ Commissionersof „the,. City,_of _South Miami. ARTICLE IV. Section 1. The officers of the SMCOS9WSMCFW shall be Chairperson, and Vice - Chairperson. The Chairperson and Vice- Chairperson shall be elected by t he members of t he Committee for a term of one - two year or until their successors are elected, and their term of office shall begin at the close of the meeting at which they are elected. Section 2. The Vice- Chairperson shall be of active assistance to the Chairperson and shall perform the duties of the Chairperson in her absence or inability to serve. Section 3. At the regular meeting in September, the Chair shall open the floor for nominations, starting with the office of Chairperson. Officers shall be elected by a voice vote if there is only one nominee and if more than one nominee by a simultaneous written ballot, signed by the member casting the ballot, to be made a part of the public record. No vote by proxy shall be permitted. Election shall be a majority of the votes cast by members present and voting. Section 4. No member shall be eligible to serve more than two consecutive terms in the same office. A member can serve again in same office after two intervening years. Section 5.. A vacancy in the office of Chairperson shall be filled by the Vice - Chairperson. If a vacancy in the office of Vice- Chairperson occurs an election shall be held at the first meeting following the vacancy. Section 6. In addition to those duties prescribed by the parliamentary authority adopted by the membership, the Chairperson shall assign members to each Task Force with due consideration for the desire of the member and the need of the Task Force; shall present all reports to the City Commission; may designate a registered parliamentarian at her discretion; and shall serve as the only official representative and spokesperson for the SMCOSA SMCFW. ARTICLE V. Meetings Section 1. The regular meetings of the SMC0S0W5MCFW shall be scheduled, and notice of such meetings shall be given, as provided by the City of South Miami Code of Ordinances for meetings of the City Commission; provided, however, that scheduling special meetings shall require the written request of the majority of the Come Commission members. Minutes shall be kept by city staff of all meetings. Bylaws - City of South Miami 3 Eetim+issiou -o& the - Status- of -W n, Commissions_ For Women Section 2. At the July meeting, a nominating committee shall be created consisting of the past Chairperson, if she accepts and is not going to run for office, two members appointed by the current Chairperson, and two members elected by the membership, to serve for a period of one year, to present the slate of officers for the September annual meeting. The nominees for Chairperson and Vice - Chairperson shall be mailed to the membership by the August meeting. A member of this nominating committee may not be considered a candidate for office. Section 3. The regular meeting in September shall be known as t he annual meeting and shall be the purpose of electing officers, receiving annual reports of officers and Task forces, and for any other business that may arise. Section 4. Special meetings can be called by the Chairperson or by the staff liaison and shall be called upon the written request of the majority of the members. The purpose of the meeting shall be stated in the call. Except in cases of emergency, at least three days notice shall be given. Section 5. The majority of the members . then, appointed shall constitute a quorum. Section 6. Members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in t he performance of their official duties, as approved by the Chairperson and or Vice - Chairperson and forwarded to t he City Commission for Koval. approval,. when, required by_the_Cty ,Charter; ARTICLES VI. Task Forces Section 1. Task Forces shall have the responsibility for performing such duties as are necessary to accomplish the functions, powers of the ,SMEASA )WSMCFW as set forth in these Bylaws. Section 2. Each Task Force shall meet regularly upon the call of its chair, and Task Force meetings shall be announced and publicized. Section 3. Comprehensive reports of Task Force activities shall be provided in writing to the annual meeting and at such other times as they shall be requested by the Chairperson. Copies of reports shall be distributed with the minutes of the meeting. Bylaws - City of South Miami 4 E*Bfftfission- o&4he- Status -of -Women Co For Women ARTICLE VII. Parliamentary Authority The rules contained in the current edition of Robert's Rule of Order shall govern the organization in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and any special rules of order the organization may adopt. ARTICLE VIII. Amendment of Bylaws These bylaws may be amended at any regular meeting by a two- thirds vote of the members present and voting, provided that t he amendment has been submitted in writing at the previous meeting or has been mailed or faxed to the membership at least (15) fifteen days prior to the meeting at which it will be considered. Bylaws - City of South Miami 5 Ca �ssioweu-4he- States -ef -W? en. Cgmmiss�_For Women n To: From: RE UEST CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Ma r and City Commission C arles D. Scurr City Manager Date: June 2, 1999 Re: Agenda item 5966 & 5970 S Dixie Hwy. Rum Bum Distributors, Inc. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20 -7.10 "DOWNTOWN STREETS" AND SECTION 20 -7.13 "REGULATING PLAN" OF THE LAND DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE HOMETOWN DISTRICT AND SPECIFICALLY AT 5966 AND 5970 SOUTH DIXIE HIGHWAY AND ON A PARCEL AT THE CORNER OF SOUTH WEST CORNER OF S.W. 74TH STREET AND 59TH. PLACE. STAFF REPORT: On April 30, 1999, Felix Pardo & Associates, Inc. Architects, on behalf of property owner Rum Bum Distributors, Inc., applied for special exceptions for a proposed mixed use project to be located on two separate parcels of properties and to be connected by an overhead vehicular bridge. Both parcels are located within the Hometown District boundaries, but have two separate zoning classifications. The larger parcel, Site I, has an area of 31,473 sqft (0.722 acre) and is zoned SR while the smaller parcel, Site2, has an area of 11,039 sqft (0.253 acre) and is zoned RM 24. The uniqueness of the larger parcel is further highlighted by its configuration resulting in a primary street frontage of 115 feet on US and a rear street frontage of 95.5 feet on SW 59 Court with SW 74 Street running partially along the side of Sitel. This creates street frontages along Boulevard, Downtown, and Residential Streets. Legal descriptions of the properties are attached. The applicant proposes to build a mixed use building of 57,425 sqft with a 246 -car garage and seven on- street parking spaces for a total of 253 parking spaces. The applicant is allowed to build a total building area of 68,020 sqft based on the allowable FAR of 1.6 and is required to provide parking for 163 spaces based on the Hometown Plan parking requirements. The project provides a unique mix of uses and creates a rich diversity of cultural, residential, office, and retail /restaurant uses. It is the intent of the developer to rebuild the abandoned Sunset Theater to provide an opportunity for community groups to hold cultural events or to show art films, and to make it available to small cultural groups as their permanent home. The possibilities of such a use in conjunction with the restaurant provide very exciting opportunities such as dinner theater. Arcades along US 1 frontage provide the necessary width and appropriate setting for pre and post - performance activities. The primary retail use of the building will be as a hunting and fishing store, owned and operated by the developer himself. It should be noted that any request for food service and consumption or manufacturing of alcoholic beverage will require additional approval from the City. The introduction of six (6) townhouses at grade level on Site 1 provides for an extension of existing residential use, while the street level retail on Site 2 along 74 Street and 59 Court creates an active street frontage that is complementary to the multifamily residential neighborhood in the area. The townhouses, along with 10 one - bedroom apartments at the top level, provide a highly desirable infill- residential development. This residential component, with its traditional "brownstone" characteristics, incorporates the street space into the design of the hierarchy of public spaces for the townhouses. The parking component is an "un- pedestrian" but a necessary element. The essence of the Hometown Plan requires that parking structures are hidden behind a "liner" building so as not to create building facades that are void of human activities. While this requirement becomes unattainable at this particular location due to a number of reasons, including the odd shape of the lot, the desire to renovate the theater at its present location, and the dimensional requirements of a garage vis -a -vis lot dimensions, significant attempts have been made to camouflage the parking from public view. The parking at the street level has been wrapped with uses that create walkable streets, while the upper levels of parking have been treated architecturally to provide a non - parking garage look. A major design element is a vehicular bridge across SW 74 Street connecting the two sections of the project. The proposal, including the connecting bridge, received conceptual approval from the Environmental Review and Preservation Board (ERPB). Staff strongly feels that the scale and the architectural treatment of the bridge, which create a "landmark" effect for the Hometown District, are of extreme importance to the pedestrian character and to the architectural vocabulary of the Hometown District and should receive utmost review by the City Commission. Also, the Hometown District Overlay Ordinance sets architectural standards for building design in order to promote consistency, harmony, and quality. While opportunities are limited for onsite landscaping, a number of items have been incorporated into the design. The applicant will provide appropriate street trees along the sidewalks surrounding the project. The portion of the project that contains the residential component provides a narrow landscaped area at the ground floor and a landscaped rooftop courtyard at the apartment level. Other landscaping elements such as potted planters, landscaped trellises, and wall- hugging vines are to be installed throughout the project, in order to introduce colors and soften building surfaces. The existing right -of -way along SW 59 Court is currently below the minimum prescribed width. The proposed development will require a 5 -foot dedication along 59 Court at the time a building permit is requested. The design also includes arcades encroaching over the public right -of -way. For any construction over the public right -of -way, it is incumbent upon the applicant to obtain necessary County approvals. In summary, the applicant wants to develop a mixed -use project to include residential, cultural, retail, and limited office uses, within the allowable FAR and height requirements. The project provides well in excess of the parking required based on the Hometown Plan requirements and at par with such parking requirements if no shared use incentives are used. The project meets all the primary objectives of the Hometown Plan, introduces a small scale, community -based cultural element into the area and staff believes that this project can be a catalyst for positive redevelopment along US 1, which is one of the less complementary urban environments in South Miami. The following special exceptions are required to accommodate the allowable building area and the necessary parking: 1. Deviate from the build to lines on Southwest 74 Street, Section 20 -7.13 on Sitel. 2. Deviate from the maximum lot coverage of 20,000 square feet for each of the sites and 60% ,for Sitel and 50% for Site2 of the lot area by permitting a combined building footprint of 39,202 square feet and a 92.2% of combined lot coverage, Section 20 -7.9 and 20 -7.10. 3. Deviate, on Site 1 only, from the maximum building depth of up to 70% by permitting 100 %, Section 20 -7.10. 4. Deviate from the open yard of 5% to none only on Sitel. The South Miami Land Development Code specifies that construction in the Hometown District will follow those procedures established for said district or that the City Commission may, by special exception after a public hearing by the Planning Board, waive strict compliance of the District provisions. The Planning Board must find substantial, competent evidence that: (a) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations; (b) The proposed development is compatible with the land use and development intensities prescribed by all applicable City regulations; (c) The proposed development must possess integrity of design compatible with design criteria established for the Hometown District and with the overall image of the city; (d) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting , noise, and waste generated by the development, and for management of the impacts of the development on public facilities and services; (e) The proposed development does not expand the permitted uses within the Hometown District; (f) The proposed development will not have an unfavorable effect on the economy of the City of South Miami; (g) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or undue concentration of population. The Planning Board at its meeting of May 25, 1999 conducted a public hearing and recommended approval of the proposed development. Staff finds the requests for Special Exception, to provide adjustments to the building placement, lot coverage and depth, meet the spirit and intent of the Hometown District, and the proposed project offers many of the design components set forth in the Land Development Regulations. The proposed project incorporates the use of an arcade, canvas awnings, and an active street level within the permitted height. The development will be a contribution to the City which: (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. COMPREHENSIVE PLAN The requests do not conflict with the adopted Comprehensive Plan of the City of South Miami. In fact, the subject proposal furthers many of the goals, objectives, and policies of the City, as identified in the Future Land Use Element of the City's adopted comprehensive plan, including: Goal 1 To preserve and enhance the City's small town character. Goal 2 To preserve and enhance the pedestrian character and comparison shopping function of the City's Sunset shopping area. Objective 2.1 Discourage urban commercial sprawl by enhancing downtown South Miami as the prime retail and commercial service center, as specified in the Future Land Use Map. APPLICABLE REGULATIONS Land Development Code • Article VII Hometown District Overlay Ordinance Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element RECOMMENDATION Staff recommends approval. Attachments: Letter of Intent Property Survey Reduced site plan Elevations and floor plans Summary minutes of Planning Board Traffic concurrency report Sewer capacity certification I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL 5 EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20 -7.10 "DOWNTOWN 6 STREETS" AND SECTION 20 -7.13 "REGULATING PLAN" OF THE LAND 7 DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE 8 HOMETOWN DISTRICT AND SPECIFICALLY AT 5966 AND 5970 SOUTH 9 DIXIE HIGHWAY AND ON A PARCEL AT THE CORNER OF SOUTH 10 WEST CORNER OF S.W. 74TH STREET AND 59TH. PLACE. 11 12 13 14 15 WHEREAS, Felix Pardo & Associates, Inca Architects, on 16 behalf of property owner, Rum Bum Distributors Inc. has 17 submitted a letter of intent to build a 57,425 sqft. mixed 18 use project within the Hometown District, and 19 20 WHEREAS, the project includes two separate parcels, 21 one specifically located at 5966 and 5970 South Dixie 22 Highway(Site 1) and the other parcel (Site 2) located at 23 the south west corner of S. W. 74th Street and 59th Place, 24 and 25 26 WHEREAS, the applicant is seeking a Special Exception 27 to vary from the built to lines, maximum lot coverage, 28 building depth and open yard requirement in the regulating 29 plan, pursuant to Sections 20 -7.9, 20 -7.10 and 20 -7.13 of 30 the South Miami Land Development Code, and 31 32 WHEREAS, staff recommends approval of the application 33 for a Special Exception based upon (a) the merits of the 34 application (b) consistency and complying with the spirit and 35 the intent of the Hometown Plan and (c) consistency with the 36 City's adopted Comprehensive Plan; and, 37 38 WHEREAS, on May 25, 1999, the Planning Board voted 5:0 39 to recommend approval of the Special Exception request; 40 and, 41 42 WHEREAS, the Mayor and City Commission of the City of 43 South Miami desire to accept the recommendation of the 44 Planning Board. 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 47 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: �G 1 2 3 4 5 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 1. A Special Exception to deviate up to 10 feet from the build to line along 74 Street (Section 20- 7.13) ; to deviate from a maximum lot coverage of 60* and a maximum of 20,000 sqft. per building on Site 1 and a maximum lot coverage of 50t and a maximum of 20,000 sqft per building on Site 2 to a combined lot coverage of 92.2% and a total building footprint of 39,202 sqft (Sections 20- 7.9, 20 -7.10 and 20- 7.13); to deviate from a maximum building depth of 70% plus 30 feet of "outbuilding" to a maximum of 100s on Site 1; to deviate from open yard of 5% to none on Site 1, is granted. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 1999. APPROVED: MAYOR Felix Pardo & Associates, Inc. Architecture Planning hiteriors 5455 S.W. 8 Street, Suite 205 Miami, Florida 33134 AA0002478 30 April 1999 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: Mr. John Little, Assistant Planning and Zoning Director Re: Proposed Commercial Development for Rum Bum Distributors, Inc. 5966 South Dixie Highway, South Miami, FL Project No.: 9830 Dear Mr. Little, Please accept the following letter of intent for the above - mentioned project. This project requires the following variances that are attributed to the implementation of the Hometown District plan. Although the plan is a good plan we respectfully request the following variances due to the fact that some of these concerns were not anticipated at the time the home plan was written. For example the Build To Lines have been varied in order to accommodate the covered pedestrian walkways. The Lot Coverage of 100% does not take into consideration a parking structure within the mixed -use project of this scope. Pervious Area also as lot coverage should considered differently in a project of this magnitude. The Building Footprint of a 20,000 square foot maximum again does not recognize the assembly of this amount of land for a project of this magnitude. The Building Configuration as depicted on the site plans on the hometown manual is only a small sampling of design possibilities and not a "paint by numbers" manual. This project offers a tremendously rich diversity of uses with a cultural element not previously seen in the City of South Miami. The project is sensitive to the human scale and promotes pedestrian movement through covered arcades. It exceeds the parking requirements without the look of a parking garage. This project promotes a working, living, shopping, entertaining and cultural environment which is truly urban and in keeping with the spirit of the Hometown District. Finally, in granting these variances, this project will be a catalyst for an area that is run down and void of these positive elements for the City. The historic context of the old theater will be revived and the positive financial benefits will not be limited to this development but will affect other properties in a positive manner. Once again, thank you for your cooperation and consideration of this matter. file CSI um Bum Distributors �.. .n... ���� FROM : CEASE Lail Of ► ice S- PHONE NO. . Apr. 30 1999 04:18PM r^2 'This Instr'itn"ent Prepared By: RFC. 8232rL.4 MICl IAEI� S. CEASE, ESQ, 2900 N. W, 7th Street Miami, Florida 33125 9SR4 0 14.52 1995 AW 14 I2: 63" 1«`01!0 No's. 09-- 4136 -- 029 - 0090. 09-4036-029-0100: �, .09�- 4036 -029 -0120; 09-- 4036 - 030-x} 2t3; 0 -44 6 -�3i7 -0030 D04STPOEE 12,0`00.00 SURTX fir{ tt_ HARV1=Y RUVINt CLERK DADS COUNTY, ~ This Warranty Deed, Made the e��ay of IJ_ CAST_, MR, by MATRIX PAWS, INC., a Florida corporation existing under the laws of Florida -, and having its principal place of business at: 300 Costanera Road, Coral Gables, Florida 33143, hereinafter called the Grantor, to RUM BUM DISTRIBUTORS, INC., a Florida eorporation existing under the laws of Florida, whose post office address is: P.O. Box 339, Coconut Grove, Florida 33133 = hereinafter called the Grantee: — (Whencvet "ed herein the terns "grantor, and -'grantee" include all the Parties to this instrLinc;lt, and 11cirs, legli representatives and 33Signs ofindividuaic, and the successors amd 3ssijgnc elfcorporations) Witnesset4, That the Grantors, for an in consideration of the sum of .$ 10.00 and ether valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sell, aliens, realises, releases, conveys and confirms unto the Grantee all that certain land, situate in Miami -Dade County, State of Florida, via;: SEE ATTACHED LEGAL DESCRIPTION MARKEl) EXHIBIT "A" Subie,cl .to: Conditions, restrictions, easements, assesstn..nts and limitations of record, and to I998 taxes and subsequent years. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever, And the Grantor hereby covenant with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantors have good right and la-4111 authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encurnbrances, except taxes accruing subsequent to December 31, 1 997. In Witness Whereof, the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereLtnto duly authorized, the day and year first above written. FROM : CEASE Law O (ices PHONE NO, : Apr. 30 1999 04: 19ppi P4 OFF, 18232P3162 Lots f mt�sd 10 and the Sant 10 foot of the South 95.55 foot of Lot S, Elook 2, MMZV LXT OF= SOLOVOYP SUEDMEZ014* aocarditg to the • Plat' thereof as recorded in Plot Rook 7 at PAga 11 of the Public Records d Dade coi=ty, Ploridal and A11 of Lot 6 vA that portion of IA*t 6, described as fal loos t Dogiumingr at the Southwesterly darner of Lot 6; thence South 30.34 taiati tlm*noa 1"t 64.96 feats thence Roxth 30.34 foots thane W*rti1Wftm1't*r1Y 41-S f**tJ tbAMd* 90UthV*8tQrIy SO foot t6 the ariginal Point *.I Ruginning, all lying $m aloax 2, of the An:nmzv PUT Or SOLOV01PYAURDn"121109, &a recorded in Pl&t book 7 at Pago 11 at the Public Rtoords of bads County, Florida; and All of Late 2 and 3, AMZRICAN TOWNSITZ COMPAMI SUEDVISION, as rocord*4 in Plat Rook 3 at Page 134 of the Public Records of Fade co=ty, Florida. X11 of teat S, Block. 2, sotovoprs stmDMSION, an racor4ad in Plat Book 7 rat: Page Up and the am. IS foot of Lot 4 (which in the atzir IS feet mid* and 110 fo*t long adjoining Lot 9), of said Block 2 2 and all of Lot 8, slack 2# except the %set 10 fa&L tbArs0t, 044 AzclPt the foll*Wiag deearlbad portions Beginning at the SW Corner of Lot 8t thamoo run latterly along the South line, 64.96 foots thm4t XGrthw&fftGVlY Parallel to the Want lift* of Lot S. 30.34 tests th*Aaa WIthwettevIr an a productiou of the NOrtheamtotrly lira of Lot 6. a distanoe of 41.50 feet to the dividiagr line bttwasm Leto 8 aid 61 th*=* along the dividing line between Late 9 and 6, Soutbwastarly So feet to the Rarthwostarly C*=*r 40f Lot 11 thtftadk 2outharlY 30.34 test to the Point of Beginning all located in SOLOV07FIS =DIVISION, according to the -Axondad -sleet tUr&Df at r4gorded in Plat Book 7 at ]?,ago 11 of the Public Ame-oram of bAA& couaty, plarida. ACCORL)EZ) IN C)FFAC ;A L HMDHO-j Li Xlh DADE COU&Me, k OR10A, HARVEY RUVIN FROM' CEASE Law Off' f ices PHONE 1-40. : ATI`ES T _ f ' HILDA HACARDT, SEC. w Signed, sealed and deli er d in the presence of. Witness Signature Pri d Nang `! j W, ness Signature M � Panted Name: STATE OF ELORIDA) COUNTY OF Apr. 30 1999 04.'18P11 P3 R> t '32Pft.16 f MATWX PAWS, INC. BY: HILDA RACARDI, PRUSI D � °�: -`:•} X00 Costat�er�d, Coral Ciahl.„ r � ' Post Office Address (SEAL)• :`� r. I Hereby Certify that on this day, before rte, an officer duty authorized to administer oaths and take acknowledgments, personally appeared HILUA RAM President and Secretary of MATRIX PAWS, INC., a Florida corporation, known to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the sarne, and an oath was not taken, Said person provided the following type of identification: Fl, Dover's Lip Witness m d y hand and official seal in the Count an State last aforesaid this / 2, day of _A Yt US_T , A.D., 192& Notary Rubber Stamp Sea[: NOTARY SIGNATUR Printed Notary Signature - \�� MI"eIrConsulting, Inc. project development, engineering, traffic, economics and finance. May 25, 1999 Luis Bacardi President Rum -Bum Distributors, Inc. 5966 South Dixie Highway South Miami, Florida 33143 Re: Multi -Use Development City of South Miami Dear Mr. Bacardi: 455 Fairway Drive, Suite 103 Deerfield Beach, Florida 33441 Telephone: (954) 427 -6675 Facsimile: (954) 427 -1815 E -Mail: millerco@agate.net http: / /www.miller- consulting.com MILLER CONSULTING, INC. has performed a traffic concurrency analysis for a proposed multi -use development planned to be located on SW 74 ' Street and generally bounded by Dixie Highway to the northwest and SW 59' Court / Place to the east in the City of South Miami. Figure 1 shows the location of the site and its relationship to the immediate transportation network. The concurrency analysis was prepared using the information contained in the City's Land Development Code, Comprehensive Plan, and Miami -Dade County concurrency management system. The following is a summary of the report's findings. INVENTORY The existing site contains the following land uses: ❑ 5,180 square -foot boat repair / sales store ❑ 4,250 square feet of retail (flower shop) The proposed site plan for this location consists of the following retail, office, and residential land uses: ❑ A small theater (7,923 square feet) with seating capacity for 150 people. ❑ An 8,832 square -foot restaurant. ❑ A 2,800 square -foot micro brewery. ❑ 20,261 square feet of retail area. ❑ 4,032 square feet of office space. ❑ Six townhomes. ❑ 10 apartments. Given the small -scale and specialty nature of the restaurant, micro brewery and theater and their inter- relationship with the remaining retail development (caf6, coffee shop, newstand) these land uses were treated as retail development as well. Even though the theater is anticipated to generate minimal trips credttng va7'ue for our clients with ingenuity, creativity and excellence - .,-.. .a _.. am"��,: =r-,:..m .`u x. ..z_ =rxm, 3`'?�„re . .­11 _11, I - 1_.1 -F:... N Figure 1 Site Location Proposed Commercial Building i Map South Miami, Florida (according to the Institute of Transportation Engineers, a theater generates approximately 40 percent less traffic than a retail use of similar size), the theater was treated as retail space in order to assess impacts with a conservative approach. This yields a total retail development area of 39,816 square feet. EXISTING CONDITIONS The existing transportation network located in the vicinity of the project includes three major roadways and two minor streets. The three major roadways include US 1 (South Dixie Highway), SW 72 °a Street (Sunset Drive), and SW 57`h Avenue (Red Road). According to Miami -Dade County Concurrency Management System, there are five (5) concurrency stations in the vicinity ofthe project site, as illustrated in Figure 2. The available capacities on the five concurrency stations are documented in Table 1. The available capacities shown in Table 1 are based on the lowest of the capacities published by the City of South Miami and Miami -Dade County. Furthermore, these available capacities reflect existing traffic as well as traffic associated with approved developments, as of May 1999, but not yet built and/or fully operational. Source: Miami -Dade County and City of South Miami Comprehensive Plan TRIP GENERATION The trip generation for the project was determined using the trip generation formulas published in the Institute of Transportation Engineer's (ITE) Trip Generation Manual (61h edition). The daily and PM peak hour trip generation formulas used for the proposed retail /office /residential development, as obtained from ITE, are documented below: RETAIL (ITE LAND USE 820) ❑ Daily Trip Generation: Ln (T) = 0.643Ln (x) +5.866 ❑ PM Peak Hour Trip Generation: Ln(T) = 0.660Ln (x) +3.403 IReflects the available capacity consumed by the recently approved office /retail development to be located on the southeast corner of SW 73' Street and SW 57 " Court. W:\Wurd Pedca \Proja•tsU'w- xaViuno- BumUiepori.l)522.wpJ Page 3 of 8 TABLE 1' Ct7RItENTRESERVE CAPACt lz CITY OE SOUTH MIAM><..Mtj.LTI- SE COMMERCIAL; ny LOPMENT Peak Hour Recently Actual Station Location Available Approved Available Peak No. Capacity Development' Hour Capacity 164 US 1 south of Sunset Drive 2,608 49 2,559 127 US 1 north of Sunset Drive 3,294 0 3,294 70 Sunset Drive west of US 1 126 25 101 656 Sunset Drive east of Red Road 788 12 776 634 Red Road north of Sunset Drive 1,792 125 1,667 Source: Miami -Dade County and City of South Miami Comprehensive Plan TRIP GENERATION The trip generation for the project was determined using the trip generation formulas published in the Institute of Transportation Engineer's (ITE) Trip Generation Manual (61h edition). The daily and PM peak hour trip generation formulas used for the proposed retail /office /residential development, as obtained from ITE, are documented below: RETAIL (ITE LAND USE 820) ❑ Daily Trip Generation: Ln (T) = 0.643Ln (x) +5.866 ❑ PM Peak Hour Trip Generation: Ln(T) = 0.660Ln (x) +3.403 IReflects the available capacity consumed by the recently approved office /retail development to be located on the southeast corner of SW 73' Street and SW 57 " Court. W:\Wurd Pedca \Proja•tsU'w- xaViuno- BumUiepori.l)522.wpJ Page 3 of 8 A Figure 2 Concurrency Stations Proposed Commercial Building South Miami, Florida OFFICE (ITE LAND USE 710) ❑ Daily Trip Generation: Ln(T) = 0.768Ln (x) + 3.654 ❑ PM Peak Hour Trip Generation: Based on ratio between average PM peak hour rate and average daily rate, as documented in the ITE Trip Generation Manual. RESIDENTIAL - TOWNHOUSE (ITE LAND USE 230) ❑ Daily Trip Generation: Ln(T) = 0.850Ln (x) + 2.564 ❑ PM Peak Hour Trip Generation: Ln(T) = 0.827Ln (x) + 0.309 RESIDENTIAL - APARTMENT (ITE LAND USE 220) ❑ Daily Trip Generation: Average Rate = 6.63 trips / dwelling unit ❑ PM Peak Hour Trip Generation: Average Rate = 0.62 trips / dwelling unit Table 2 summarizes the trip generation for the project. As indicated in Table 2, the project is anticipated to generate approximately 4,010 daily trips and 369 PM peak hour trips. TABLE 2 TRIP GENERATION SUMMARY CITY OF SOUTH M%AMI 4 MtJ'LT -USE DE EI OPMENT Daily Trip Generation Land Use Size Daily Trips Retail Office Townhouse Apartment 39,816 sq. ft 4,032 sq. ft. 6 Dwelling Units 10 Dwelling Units 3,771 113 60 66 Total 4,010 Passer -by -1,885 Internal -24 Net External 2,101 PM Peak Hour Land Use Size Daily Trips Retail Office Townhouse Apartment 39,816 sq. ft. 4,032 sq. ft. 6 Dwelling Units 10 Dwelling Units 342 15 6 6 Total 369 Passer -by -171 Internal -3 Net External 195 Source: Institute of Transportation Engineers (ITE) Manual (6'" edition) W AW111d P, r av «,u • -,r wa -e „wt F, «.us.zz., �'a Page 5 of 8 PASSER -BY TRAFFIC The Institute of Transportation Engineers (ITE) indicates that not all of the traffic generated by retail land uses are new trips to the area transportation network. ITE recognizes that a certain percentage of the total generated traffic is already traveling on the adjacent roadways. These trips are known as passer -by trips. The percent of passer -by traffic for retail land uses is based on the following formula published in the Trip Generation Manual (5`h Edition): Ln (Pass -by) _ - 0.341 Ln (x) + 5.376 Using the above equation, the percent passer -by traffic applicable to the proposed 39,816 square feet of retail space is approximately 61 percent. In order to assess impacts with a conservative approach, we have assumed that only 50 percent of the trips generated by the retail development are passer -by trips. INTERNAL CAPTURE Since the proposed project is a mixed -use development, including three primary land uses (retail, office and residential), some of the total trips generated by the development will be internal to the project. Most of the theater - related trips are anticipated to be internal trips. However, in order to be conservative, only five percent of the office and residential trips and 0.3 percent of the retail trips were assumed to be internal trips. EXTERNAL TRIPS Using the passerby and internal capture assumptions documented above, the new external daily and PM peak hour trips generated by the subject project are 2,101 and 195 respectively. TRIP DISTRIBUTION The trip distribution for the project was based on Dade County's Cardinal Distribution information for the study area.. Table 3 summarizes the County's cardinal distribution data for traffic zone 915, which is applicable to the subject project. WAWord Per4et\ Projects\ Pvt- sectUiont- Boti,Uteport.05.22.wpd Page 6 of 8 TRAFFIC ASSIGNMENT The project traffic distribution shown in Table 3 was assigned to the existing roadway network as follows: ❑ 40% to US 1 north of Sunset Drive ❑ 15% to Red Road north of Sunset Drive ❑ 12% to Sunset Drive west of US 1 ❑ 25% to US 1 south of SW 74' Street ❑ 8% to Sunset Drive east of Red Road The project traffic assignment outlined above was combined with the concurrency information documented in Table 1 to develop a future conditions concurrency evaluation for the subject project. The future conditions concurrency evaluation is summarized in Table 4. As indicated in the table, the transportation network located in the vicinity of the project has sufficient capacity to absorb the impacts generated by the proposed retail /office /residential development. WAW-d Pedect\P- jean \Pvt -sect \Rum- B—AR,I 1.05.22 -pd Page 7 of 8 Source: Miami -Dade County, City of South Miami Comprehensive Plan, and Miller Consulting, Inc. Please call me if you have any questions. V ry truly yours, VaquVargas,, ng, Inc. P.E. W1Wu1d Bun, \R,!l t.05,22 -pd Page 8 of 8 TABLE 4 FUTURE : ONCURRENCY EVALVATION CITY OF SOUTH MIAMI MUI Ti -USE DEVELOPMENT Previous Peak Project New Peak Hour Station No. Location Hour Available Traffic Available Capacity Capacity 164 US 1 south of Sunset Drive 2,559 64 2,495 127 US 1 north of Sunset Drive 3,294 102 3,192 70 Sunset Drive west of US 1 101 31 70 656 Sunset Drive east of Red Road 776 20 756 634 Red Road north of Sunset Drive 1,667 38 1,629 Source: Miami -Dade County, City of South Miami Comprehensive Plan, and Miller Consulting, Inc. Please call me if you have any questions. V ry truly yours, VaquVargas,, ng, Inc. P.E. W1Wu1d Bun, \R,!l t.05,22 -pd Page 8 of 8 VIH 1 c-4 77 1C; Cd h GL1R h'HK.I.VVH Page. 1 of 2 MIAMI -DADE COUNTY, FLORIDA 1999052:11.15121982 SUMMtAMt -W1 Issued Date: 21-MAY-1999 ENVIRONMENTAL RESOURCES MANAGEMENT Expiration Date: 19 -AUG -1999 WATER AND SEWER DIVISION 33 S.W. 2nd AVENUE SUITE 500 MR FELIX PARDO MIAMI, FLORIDA 33130.1540 FELIX PARDO & ASSOCIATES, INC (305) 372 -6500 5455 SW 8 ST MIAMI, FL 33134 Fax- 305 -445 -7006 Tel- 305 -445 -4555 RE: Sewer System Treatment and Transmission Capacity Certification Dear MR PARDO: The Dade County Department of Environmental Resources Management (DERM) has received your application for approval of a sewer service connection to serve the following project which is more specifically described in the attached project summary. Project Name: COMMERCIAL BLDG. -RUM -BUM DISTRIBU Project Location: 5966 S DIXIE HWY SOUTH MIAMI Proposed Use: 6 TOWN /10 APART /8832 SF BREWERY /20261 SF RETAIL Previous Flow: 217 GPD Calculated Sewage Flow: 9766 GPD Sewer Utility: MIAMI DADE WATER & SEWER DEPARTMENT Receiving Pump Station: 30 -0177 DERM has evaluated your request in accordance with the terms and conditions set forth in Paragraph 16 C of the First Partial Consent Decree (CASE NO. 93 -1109 CIV- MORENO) between the United States of America and Metropolitan Dade County. DERM hereby certifies that adequate treatment and transmission capacity, as herein defined, is available for the above described project. Furthermore, be advised that this approval does not constitute Departmental approval for the proposed project. Additional reviews and approval may be required from sections having jurisdiction over specific aspects of this project. Please be aware that this certification is subject to the terms and conditions set forth in the Sewer Service Connection Affidavit filed by the applicant, a copy of which is hereby attached. By copy of this certification we are advising the appropiate building official of our Department's determination. Issued Date: 21- MAY -1999 Expiration Date: 19 -AUG -1999 Sincerely, �vai �u��wued�oIfNr1aM � 1999052115121982 John W. Renfrow, P.E. Director Department of Environmental Resources Management By: vi to E. Arre ola, P. E. Chief, Water & Sewer Division Attachements (2) CC: Building Official (w /Attachments) Utility Official (w /Project Summary Attachment) i m �. c•+ 77 AC • G7 � L�AiS t"MKJJVH >ge . of 2 {Ui I'U11 ! ����) U�6� Issued Date: 21- MAY -1999 Expiration Date: 19 -AUG -1999 Sincerely, �vai �u��wued�oIfNr1aM � 1999052115121982 John W. Renfrow, P.E. Director Department of Environmental Resources Management By: vi to E. Arre ola, P. E. Chief, Water & Sewer Division Attachements (2) CC: Building Official (w /Attachments) Utility Official (w /Project Summary Attachment) ?'I" I r-14 rt.L.I.A tHNVVH Date: 05 -21-1999 Page- Applicant's Name: MR FELIX PARDO Applicant's Address: 5455 SW 8 ST DERM Number: 1999-0521-1512-1982 Project: COMMERCIAL BLDG.-RUM-BUM DISTRIBU 5966 S DIXIE HWY Proposed Use: 6 TOWN/10 APART/8832 SF BREWERY/2 Pump Station: 30 -0177 Allocated flows: 9766 (GPD) Projected NAPOT: 8.19 (HR) # Folio Lot Block Flow (GPD) 1 09-4036-029-0090 9766 1*1HT -C-1 -77 ac-_-iL rLL-LA rIHNVVM SEWER CERTIFICATION < ',_6 5 Review> )erm # 1999 -0521 -1512 -1982 3 &Z Proc #... Folio... 09-4036-029-0090 applicant ;ontact Name..MR FELIX PARDO :ompany Name..FELIX PARDO & ASSOCIATES,INC kddress ....... 5455 SW 8 ST :ity .......... Mimi telephone Number.....305- 445 -4555 Derm Proc No... - Date.....05/21/1999 State..FL Zip--33134- Fax Number.... 305-445-7006 ?roject Background ?roj Name—COMMERCIAL BLDG. - RUM -BUM DISTRIBU Is it a public facility (Y /N)? N 3ddr ....... 5966 S DIXIE HWY NNI (Y /N)..N DIC (Y /N)..N :ity ....... SOUTH MIAMI S. E. Number if any.. 3tate ...... FL Zip.. - itility Information Pump Station Recv..30 -0177 Lateral Connection (NEW/EXT) ... EXT Point of Connection ' PROPERTY RIGHT OF WAY Building official .... 30 MIAMI DADE WATER & SEWER DEPARTMENT Sewers Abutting Prop. (YIN) ....... Y Project Details Number and Type of Units-.6 TOWN /10 APART /8832 SF BREWERY /20261 SF RETAIL Previous Use ..............4339 SQFT RETAIL Constr. Schedule:.as soon as possible 6 townhouse = 1500 gpd \ 4032 sf office = 403 gpd 10 apartment = 2000 gpd \theater 217 people = 651 gpd 8832 sf brewery = 4416 gpd 20261 sf retail = 1013 gpd (Prop flow 9,983 gpd) -(Prev Flow 217 gpd)= 9,766 gpd Prop In (DEAL gpd) + (Alloc Flow 9,766 gpd) + (CO gpd) = 9,766 Estinated Completion Date...12/01/1999 Application Status .... CERT2 +----------------------------------- -------------------------------------- - - - - -- - - This section is for issuing letters Certified Letter Issue Date .... 05/21/1999 Issued by .... TOLEDO 90- day.Expiration date ........... 08/19/1999 Recert Letter Issue Date ....... Recert 90 -day Expiration Date.... / / +------------------------------------------------------------------------------- Improvements for the following pump stations must be completed before CO /CC: Station Number Rec (R), Up (U) Signature Date or Down (D) +----------------------------------------------------------------- _----- _- - - ---- Signature..TOLEDO 0 Sign Date..05/21/1999 16:20:35:24 GOLD /S <S >ewer Cert Letters GOLD /C Station <C>omments GOLD /L Plan <L >ot GOLD /K Legal Trac <k>ing GOLD /Y Station Monthl <y> Info ESC /A Print Label GOLD /G Codes & Cate <g >ories GOLD /H Create Paragrap <h >s IN 0 e n� G Ar I ir+i r-14 r -HK VVH .vVVC ft MLCMI DARE COUNTY, FLORIDA MIAMI MEM -DARE FLAGLER WILDING May 21,1999 Mr. Felix Pardo Felix Pardo & Associates 3455 Sw $`h Street, Suite 205 Miami, FL 33134 Rer. Permanent occupancy of public property Deaf Mr. Pardo: BUILDING CODE COMPL &NCE OFME . MMO -DADS FLAMER 87J11.DRgU 140 WEST FIAGLER STMT, $=G 1603 NaAw. FLOkLDA 33130 -1563 (305) 375 -2901 FAX (305) 375 -2908 PRODUCT CONTROL DNtSlUh' (301) 371 2102 FAX pos) 3r- -5339 VIA: TELEFAX This is in response to your May 21, 1999 telefax on the above referenced issucs. The South Florida Building Code (SFK) Section 3303 PERMANENT OCCUPANCY OF PUBLIC PROPERTY regulates your issue. Although Subsection 3303.1 GENERAL: states that `'the permanent use or occupancy of public property shall be prohibited except as provided in this section", there are exceptions with conditions, for signs; awnings; marquees; pipes and servic:, equipment; architectural ornamentation azid other projections; and foundations. If your condition is contemplated in any of die aforesaid exemptions, the use could be allowed under the South Florida Building Code if also compliant with other applicable regulations. Feel free to Contact me if you have any further questions on this matter- Very *ntly yours, Th.,odore B=1111, P.E. Deputy Director C;+Mj t)ocuments14945'1 tb FaGx Pardo ProjeC60- AW-400 -- .. r ,t.__eu :........A......t:a���►M Aomeoa?c: htto,/ /www.blludijlgc'ode0Al2nt -coal I Shirley Huebner 7540 SW 59 C:t. Mfanu, Florida 33143 30"69- 1:141. Att: Planning board --!'Q He rnd into the min. of* the Ma LS Nunn Meet Regarding item PB -99 -006 and P$ -99 -007 As a resident at the above address and as a representative ()wner/Manager rctr: Villa liontana Apartments 1540 SW 59 ct. and UFLP Properties located at 7430 SW 59 rt.- Brittany Villas and 7SUU SW 5y Ave. -Shari Gardens I am very concerned regarding the swPe of the above projects bnn to p jects and the negatrve Impact it Will 8 still the residents of the area; in Particular the 98unrts and 2W plus residents 1 represent While intertsiing in desi gn, two bars and as overpass went . transition from business to rpass across 74th to Me does not spell itesidentiaL "!'here is a signis;carrt risk in granting any development exceptions_ codes and building rails were put in place to rotect the quality ns- t3ur South Mi�'utti Pleasant living ror all. Should any of -this project rail to devcloy of life and ensure a (;Ity of city, are Teti with haven P as currently outlined we, as a $ � a Precedent and an open door for In granting these exceptions we are leaven a d MY further d,,10pment. the residential areas between S door wide open for de %,clopment welt Into een 74th and 76th and beyond tdur Hometown Plan Was very carerhhy crafted by the commune Your guide. !`he Eometown Plan in itself ' exception tY an(] needs to serve as exception. 'r`he intent of the Hometown Plan is to i a healthy hich there stiou ld not be effort should be made to stimulate residenti develo men further amount of residential and every development or the business side of'74th n development. 74th again is the transition line seas YOUR careful guidance to ensure that Uv�'r l • '11115 side is not over built upon 2_ 'Phis developed side enhances residential and will not In an the Peace, tranquill"Y and sad Y'a av encrC•�ach on 1 he applicant should fallow the build to lines f 74th stdential side of 7gth_ rat Z0 30Vd 83Na3nH 8V66L58SO6 LZ :SI 6661/SZ/S0 The applicant should follow the build to lines on 74th street Should not be Allowed to deviate from the lot coverage standards including trying to cleverly trying to use the 20-7 -9 standard for a portion of the projects role when clearly this project develops on 74th street And should be made to adhere to the 20 -7 -.10 for the total project; So while l am well aware we are here to speciticaHy address the points above, you, can not turn a blind eye to the proposed "mix" of a planned Bar far the corner of 74th and S9 ct., a brewery and a hunting store,(ie the availability of guts) as beneficial for the area. You must: weigh the current traffic issues. You must consider the neighborhood and the one story buildings this project will be plumped in the middle Of You must consider the safety of our children at the day care center. You must not allow the same exceptions and theretore create the same potential problems as those betore you with the Shops at Sunset project. In grog the requested exceptions: The development will adversely affect the health and safety of persons residing and working in the area The development will be detrimental to the public welfare of the neighborhood. Respectfully submitted on behalf of ViUA Fontana and (ALP properties. .Shirley Ruebner 60 39Vd 83N93nH 8VE6L99S0E LL :SL 6661 /SZ /S0 E I MMUTES REGULAR MEETING PLANNING BOARD Tuesday, May 25, 1999 City Commission Chambers 7:30 P.M. I. Call to order and Pledge of Allegiance to the Flag of the United States A. Mr. Pages, Chair, called the meeting to order. B. The Pledge of Allegiance was recited in unison. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Gibson, Mr. Wiscombe, Mr. Illas B. Board members absent 1. Mr. Lefley, Ms. Chimelis C. City staff present 1. Subrata Basu (Assistant City Manager/Planning Director); John Little (Principal Planner) III. Public Hearings 4' A. ITEM: PB -99 -006 Applicant: Stir Crazy Enterprises, LLC Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL" PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE C 18, THE SHOPS AT SUNSET PLACE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Illas read the request into the record. PB MINS 05 -25 -99 2. Staff presented the item to the Board, noting that the request involved an application for an Asian stir -fry restaurant at The Shops at Sunset Place. 3. Staff summarized an interoffice memorandum, dated May 17, 1999, noting that the subject restaurant, Stir Crazy Cafe, would locate where China Grill had intended to open. 4. Mr. Rick DeMarco, of Glencoe, IL and Chief Operating Officer, spoke before the Board as a representative. 5. Mr. DeMarco related details pertaining to the concept of the proposed restaurant. 6. During discussion of the application, including the former application by China Grill, calculations of parking, restaurant use at the complex, etc., the Board and staff concurred that outdoor dining should be included as part of the proposal. 7. Public hearing was opened. 8. There being no wishing to speak before or against the item, the public hearing was closed. 9. Following the close of the public hearing, the Board voted on the matter. 10. Motion: Mr. Morton moved approval of the application, inclusive of the recommendation that outdoor dining be included as part of the proposal. Mr. Wiscombe seconded the motion. 11. Vote: Approval 5 Opposed 0 B. ITEM: PB -99 -007 Applicant: Rum Bum Distributors Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20 -7.10 "DOWNTOWN STREETS AND 20 -7.13 "REGULATING PLAN" OF THE LAND DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE SR "SPECIALTY RETAIL" ZONING DISTRICT, SPECIFICALLY ON S. W. 59 PLACE, S. W. 74 STREET AND S. W. 59 COURT, SOUTH MIAMI, FLORIDA 33143: 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, noting that the request involves an application fora mixed -use project, including a residential component, in the vicinity of US 1 and SW 74 Street. 3. Staff summarized an interoffice memorandum, dated May 21, 1999, noting that the subject project has been reviewed for such items as sufficiency of parking and favorable uses for the area, including a residential portion at SW 59 Place and 74 Street. PB MINS 05 -25 -99 4. Staff emphasized the City's sensitivity to existing residential uses located nearby and noted the intention to render the project a positive impact upon the neighborhood. 5. Staff noted that the project meets certain code criteria, including that for FAR regulations and for height limitations, and that concurrency reports had been received. 6. Staff read into the record a letter from Ms. Shirley Huebner, a resident of 7540 SW 59 Court, relating her opposition to the project, including granting exceptions to Hometown regulations. 7. The Board and staff discussed various items regarding the project, including Hometown regulations, particularly in regard to the possibility of constructing a parking deck. 8. Mr. Felix Pardo, architect, spoke before the Board as a representative. 9. In his presentation, Mr. Pardo related various items regarding the project, including: a. that uniquely configurated parcels are involved; b. that rebuilding of the existing theater is planned; c. that there is no overage regarding FAR; d. that there is no request for any relief in parking; e. that a mix of uses is planned; f. that the intended mix of uses includes the theater, a restaurant, retail, offices, etc.; g. that residential uses are included as part of the mix; h. that the residential component will consist of townhouses and apartments; i. that the residential uses make it possible for people to live at the project; j that along with residential uses, storefront uses are intended; k. that both residential and storefront uses promote an active streetscape; 1. that arcades are proposed for pedestrians, as well as aesthetics; m. that commercial activity will be situated closer to US 1; n. that the residential uses will be situated closer to existing residential uses; o. that fenestration will be provided on the parking structure portion; p. that parked vehicles are well hidden from public view; q. that a trolley stop is proposed in front of the newstand area. 10. The Board's responses included the suggestion to place landscaping at the exterior elevations along the north and northeast sides of the project. 11. The Board held discussion on whether residential units will be for sale or rent and if proposed uses are permitted uses within the Hometown District 12. The Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board. b. Mr. Tucker spoke of being diligent and keeping an open mind as the project moves forward. PB M1NS 05 -25 -99 c. Mr. Tucker asked that the residential uses remain intact as currently proposed and that the project be a place of security and tranquility for both residents and visitors. d. Ms. Susan Redding, of 7930 SW 58 Court, spoke before the Board. e. Ms. Redding related that a primary concern was the proposal to have retail on an upper level. f. Ms. Redding noted that she applauds the rebuilding of the theater to use for cultural activities g. Mr Pardo returned to the podium to speak before the Board, relating his responses to comments voiced by the two citizens who had just spoken. 13. The public hearing was closed. 14. Following the close of the public hearing, discussion continued. 15. The Board noted that the workability and manueverability of the parking portion be finalized. I6. The Board held discussion in response to Shirley Huebner's concerns related in her letter. a. In regard to the project resulting in an overbuilt site, the Board noted that it is important to understand that US 1, a major thoroughfare, calls for density, both structurally and economically. b. The Board also noted that the proposed residential units will complement the neighborhood and not detract from the area, which is aesthetically not the most appealing. 17. The Board and staff continued their discussions involving Ms. Huebner's letter. a. The Board related that, in the vicinity of the Villa Fontana Apartments (Ms. Huebner's complex) and in the area of the proposal, an urban area exists as the Sunset Drive and US 1 corridor, as well as office buildings and other apartment complexes, are all located nearby. 18. The Board and staff noted that concerns do involve traffic and noise, which the City fully realizes and is addressing, such as with concurrency reports. 19. Staff noted that the Hometown Plan involves theory, and as such, acts as a guide for planning purposes. 20. Staff also noted that the special exception process was developed as a safeguard mechanism, with the understanding that there may need to be modifications as projects come to the City. 21. Motion: Mr. Illas moved approval of the application, as presented. Mr. Wiscombe seconded the motion. 22. Vote: Approval 5 Opposed 0 PB MINS 05 -25 -99 IV. Approval of Minutes A. Minutes for April 27, 1999 1. The Board duly voted and approved the minutes for April 27, 1999, as submitted. 2. Vote: Approval 5 Opposed 0 V. Remarks A. Topics for discussion 1. Remarks were held in regard to the future FPZA conference and on the review of Planning Board with respect to certain particulars of projects, such as parking. 2. Remarks continued with Mr. Pages announcing that he will be resigning his membership with the Planning Board, as he will be leaving South Miami. 3. Remarks closed with the Board and staff noting that Planning Board elections would be postponed to the next meeting of Planning Board, which would probably occur in July, as summer recess is due. VI. Adjournment A. There being no further business before the Board, the meeting was adjourned. B. Respectfully, 1. Board Chairperson Date 2. Board Secretary Date PB MINS 05 -25 -99 5 X� �� O w , �U Qcf) a� C) =o J L.Lj LL- X O � O � LO QM w W U1 � o� x� a X� �� a i �a �P �SJ So�4s r ISOp; -x � 1. 4,1§ 1 I MM ` / I JI / -WINE fill c �3Z 0 Q 111 ! I.�rF r I I s F%- a a 8 a . I ! YL*O~ wv �17ItL-Q" (N[) ' Vd MY►-t" (GO[) WUMW S£HDIH 31 (SOT) d3NOHd rctac roaao-� •iulnu aoc aLrw'iaalLa va we awa AYMN9IH 31X10 H1f10S 9969 ! ,_ era i �i afto"How 'ONI SHOJ.f1UMISIQ WfW —WIH "-W oolv,1009" ► ocwvcA )aT-w :Hoa ONIQ'IIIIH 'IVIOUHNtN OO aasodoad e a i �a �P �SJ So�4s r ISOp; -x � 1. 4,1§ 1 I MM ` / I JI / -WINE fill c �3Z 0 Q 111 ! I.�rF r I I s F%- a a 8 a . I k k n.sraoo w 9OM. -Grr (OX) - ■y Baer -G" (QW) � S£t£-999 SO£ 3NOHd P9199 vaaiau'w lw - W9 au9w laauG m wo Gera OMHOIH 31X10 HMOS 9969 ShIowaw i CNWroU i WdOWHOW •DNI SuolflaialSIQ wns —Knx a i i 'mow 'eadi000w ► OCWCA XT-W :HOa ONiamfls zdtoxawwoo aSSOaoxa , �Ell IM t t nrrseow aao�- arr�aoci�rraaw- aw(ame) -.-v S£f£ -999 (SOE) IWOHd rs ss vawoti iwvw - OK aura •aaaua va we awl AVMHOIH IXIO Hif10S 9969 WAVWAG M 00#1r d / M*IL=roaro SHOJ,IIElialSIQ w lfl -wfla Q --,tN valviooe ►' ► ocmwd xrou :Hod 5NIIQ'IIf1H 'IdIDUHNN OD QRSOdond a IM E t awaass w �mo�•an r., ..M. -*" r., wau S£i£ -999 (GOT) :3NOHd ►nci vaaoia u row we aurw •qua uw vv ww AVMHOIH 31XI0 H1f10S 9965 WAOM w i i ".Mw CHI Suolfia 2iisia wria —wnx 'sattri�oeee► E �w ► oaabd XITaa :ZIOA DNIQ'IIf1H 'IdIDiI3I4 WOO Q3soao2ia s 0. a g 0 w Y t ! a►rsoo tro voo�•arr raoc� .H vvar -vn raoc�u S£1•£ -999 (SU) :3NOHd mac vawov'wviu gat uMa aaauv vw my aaro AVAH01H 31X10 Hinds 996S i L 1n if 111111 w/ uHaw 'ONI SHO.LnSIHISI(I IKns -wna '931t+17096'p Q W > OGaltyd X1Ti -I :Hoa ) IIWII11H 'IdIO2Ianwoo aasodoHd a Y t aL►coov w OWL -Q" ram xa ww -vrr (QM) —u S£4£ -999 (GOT) :3NONd rcia vawoti rrowi - On unw iMav va my vary AYMNOIN 31X10 N1f10S 9965 WAOR M VNR4WU / I CWV oui saoiflffla Lsla Wag -wfla -M �s�.diooew 0 oaarvci xrrAd :xo3 13MMUM 71VIDUHNN OD allSOdO is a t oLVWM vv 9aa. -t" (Wf) I.-W aoo•an (oof) —W S£1£ -999 (SO£) 3NOHd MCC VCMk7W WMW - W9 uk» �1° 4a 1R9 W" AVM - 9X10 E) :3 9965 M / CNW#►'W / •OI1I 52IOSngI?I,LSIQ I1tng —IHn2I 'gamiOOew k ^i i •cW t Ocwcj XIi3% :Hod ONicrIIf1H 'IvIagay( OD QdSOd0Ud a • ! v��wvo w +mo�•vrr rd i .x� aaMWAL rte, 44wQ S£4£ -999 (GOT) 3NOHd 3 ray M `• �r 1f° �"' AVMH9IH 31XIO HIM 9969 +I'431417094tr ► OGaltr� 2I03�JI�iIIQI OL 'IHI� �I4INi0 n 3 Nflzl ,4 ,Elzo — a FEN z ❑ ❑ P ❑ ❑ w El ❑ ❑ a ❑ ❑ LU ❑ ❑ ❑ ❑ z ❑ ❑ EEDI El ❑ ❑ ID =— ❑ ❑ 0 FOR a ❑ M FE-M] ao ❑❑ ❑ Cl ❑ Eo a Eo ; ❑ ❑ w ❑ Eo :r 1:1 FC3 Z o lu L-uj ❑ O ❑ ❑ O LU ❑ rcec vcuw w'amiu - aot auna -iaamua ww ma oars AvmniH 31X10 Hinos 99ti5 swomouw i cwt i abrumumaw suolflHizi,LSI(l MIU —Nfla W '931'dIDOO ' 0 oaaea,i Mimi :zloa f)xia'IIflfi 'idioHaN woo aasoaoaa Q W J W t- im 01 P 4 W J W mi �a e FER W O d O W3M 6661 dO W 40 61 AeW paM 6Mp•ESNOI1YA313 \Aar \S9M0 6661 \0£86 \966 ; \M- xt1aj\ :0 t t • "W" ^ V"L- '(ew; ° t "W'M+(W') ---w 6699 -999 (90£) :3NOHd "rwc vowvl w WW - 'K Wf "mmw wu"*" AYMHOIH Imp HIM 9969 2 qualu 1 i arm i winmm"Dw OAII SHOInflialsiQ Ninth- Nil12I °; p Q f w qurl � my t OO tvw XI-M :HO14 1311TH E1 IlYM iRNWOO Q21SOd021d e