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04-09-97 SPECIALMAYOR: (Vacant) VICE MAYOR: Julio Robaina COMMISSIONER: COMMISSIONER: COMMISSIONER: Anna M. Price David D. Bethel R. Paul Young SPECIAL CITY COMMISSION AGENDA Special City Commission Meeting Meeting date: April 9, 1997 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: April 15, 1997 Phone: (305) 663 -6340 Time: 7:00 PM PURSUANT TO FLA STATUTES 266.0105, )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. Invocation: B. Pledge of Allegiance: ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CANVASSING THE ELECTION RETURNS OF THE SPECIAL ELECTION HELD ON APRIL 8, 1997, FOR THE PURPOSE ELECTING A MAYOR AND DECLARING RESULTS OF SAID ELECTION (Administration) 3/5 2. Newly elected Mayor - Oath of Office 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; SPECIAL CITY COMMISSION 1 AGENDA - April 9, 1997 CALLING A SPECIAL ELECTION FOR GROUP 1 OF THE CITY COMMISSION; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING THE CLOSE OF ELECTION BOOKS; APPROVING OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. (Administration) 3/5 4. Adjournment SPECIAL CITY COMMISSION 2 AGENDA - April 9, 1997 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CANVASSING THE ELECTION RETURNS OF THE SPECIAL ELECTION HELD ON APRIL 8, 1997, FOR THE PURPOSE OF ELECTING A MAYOR AND DECLARING RESULTS OF SAID ELECTION. WHEREAS, the City Commission, sitting as a Canvassing Board, has examined the election results of the special election of the city of South Miami, Florida, held April 8, 1997, as certified by the Supervisor of Elections and declares the said election results to be proper and correct and, having counted and recorded the absentee ballots in the manner provided by law; and WHEREAS, the total votes cast in said election for each candidate is as follows: MAYOR Bruce Hoffmann 707 Anna Price 1,077 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Anna Price has been elected Mayor for a term ending February 10, 1998. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of It 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR METROPOLITAN DADE COUNTY, FLORIDA METRO•DADE .: OFFICE OF THE SUPERVISOR OF ELECTIONS SUITE 1910 111 N.W. 1st STREET MIAMI, FLORIDA 33128 -1962 (305) 375 -5553 X11%. .r®W. METRO -DADE CENTER ELECTION: CITY OF SOUTH MIAMI SPECIAL ELECTION DATE OF ELECTION: April 8, 1997 Mailing Address: P. O. Box 012241 Miami, Florida 33101 -2241 CERTIFICATION OF ELECTION TABULATION I, the undersigned, Ronetta Taylor , Clerk of City of South Miami , Florida, do, by my signature hereto, certify that to the best of my knowledge: 1. On April 8, 1997 , commencing at approximately the Dade County Supervisor of Elections representative had the tabulating equipment tested to ascertain that the equipment will correctly count the votes cast for the candidates and /or issues, which have been voted on in the City of South Miami Special Election, held on April 8, 1997 2. The testing materials of the Public Test, delivered still under Seal No. CZ776Z60�ned in my presence, were used and the procedures of Paragraph Two, Certification of Logic and Accuracy were followed. 3. At the completion of the above test, all ballots cast in the above election were counted. Steps have been taken to insure the security of said materials prior to, during and subsequent to the election, except when said materials were properly in the possession of the Elections Department staff appointed to conduct the election. 4. Except as otherwise specifically set forth and declared in this certification, in my presence and sight, no ballot card was removed from or added to any ballot card container, ballot tray or other segregation of ballots, and no ballot card was in any manner altered or tampered with by any person, and no person touched any ballot card container, ballot card tray or ballot card, except a person authorized to do so pursuant to Section 101.5612, Florida Statutes. 5. At the completion of the ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the votes cast for the candidates and /or issues. 6. Stored in a container(s), sealed, dated and signed by me, were placed the voted ballots [A I/ voided ballots Logic and Accuracy reports ' P recinct header(s) [ �f, diskette [ ✓ and test ballots The sealed container(s) was /were delivered to the undersigned and placed in my custody. 1� Signature of Municipal "Clerk/ Date RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CALLING A SPECIAL ELECTION FOR GROUP 1 OF THE CITY COMMISSION; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OR CANDIDATES; PROVIDING THE CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. WHEREAS, section 4, Article II, of the City of South Miami Charter provides that the office of a Commissioner shall become vacant upon his or her death; resignation, removal from office in any matter authorized by law, or by forfeiture of his or her office; and WHEREAS, due the resignation of Commissioner Anna Price a vacancy now exist in Group 1, thus creating an unexpired term until February 10, 1998; and WHEREAS, section-4(b) article II of the City of South Miami Charter provides that "should a vacancy occur more than 9 months prior to the general election, the Commission shall no power to fill the same; the expired term shall be filled by a special election being held not less than 45 days nor more than 60 days after such vacancy occurred "; and WHEREAS, state law requires election books to close thirty (30) days prior to said election. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The 1997 Special Election will be held on Tuesday, May 27, 1997. On that date, a Commissioner for Group 1 will be elected to serve an unexpired term ending February 10, 1998. Section 2. The qualifying period for this election shall open Friday, April 18, 1997 and close Wednesday, April 23, 1997, precisely at 5:00 p.m. Candidates shall qualify at the Office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. Section 3. Voting shall be conducted at the Sylva G. Martin Community Building, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 7:00 a.m. and close precisely at 7:00 p.m. Section 4. The official ballot for the 1 997 Special Election is annexed to this resolution. Section 5. The election books shall close Friday, April 25, 1997. Section 6. The City Clerk shall publish notice of such special election once a week for four (4) consecutive weeks next preceding such special election in a newspaper of general circulation in South Miami. Such notice shall contain the date, time, and place of said election and identify the Commission group(s) to be voted for. Section 7. The City Clerk is directed, in conjunction with application election laws. Section 2. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: IV_ •. , 1997. PRECINCT So Mia City of South Miami 08:00pm Apr 8 1997 Special Election April 8, 1997 1 /yy / J �I Page 1 Precinct Cumulative SOUTH MIAMI Precincts Counted 2 100.00% Absentees Counted 0 0.00% Registered Voters 5,956 5.956 100.00% Ballots Cast 1.702 1.831 30.74% MAYOR Bruce Hoffmann (057) 684 707 39.63% Anna Price (058) 992 1,077 60.37% 1 /yy / J �I Page 1 PRECINCT Absent City of South Miami Page 1 07:53pm Apr 8 1997 Special Election April 8. 1997 Cumulative 1 50.00% 0 0.00% 0 0.00% 129 - - -. - -% 23 21.30% 85 78.70% -- - - Precinct SOUTH MIAMI Precincts Counted Absentees Counted Registered Voters 0 Ballots Cast 129 MAYOR Bruce Hoffmann (057) 23 Anna Price (058) 85 Cumulative 1 50.00% 0 0.00% 0 0.00% 129 - - -. - -% 23 21.30% 85 78.70% -- - - 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CALLING A SPECIAL ELECTION FOR GROUP 1 OF THE CITY COMMISSION; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OR CANDIDATES; PROVIDING THE CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. WHEREAS, section 4, Article II, of the City of South Miami Charter provides that the office of a Commissioner shall become vacant upon his or her death; resignation, removal from office in any matter authorized by law, or by forfeiture of his or her office; and WHEREAS, due the resignation of Commissioner Anna Price a vacancy now exist in Group 1, thus creating an unexpired term until February 10, 1998; and WHEREAS, section 4(b) article II of the City of South Miami Charter provides that "should a vacancy occur more than 9 months prior to the general election, the Commission shall no power to fill the same; the expired term shall be filled by a special election being held not less than 45 days nor more than 60 days after such vacancy occurred "; and WHEREAS, state law requires election books to close thirty (30) days prior to said election. NOW THEREFORE BE IT RESOLVED COMMISSION OF THE CITY OF SOUTH MIAMI, Section 1. The 1997 Special Tuesday, May 27, 1997. On that date, will be elected to serve an unexpire 1998. BY THE MAYOR AND CITY FLORIDA: Election will be held on a Commissioner for Group 1 d term ending February 10, Section 2. The qualifying period for this election shall open Friday, April 18, 1997 and close Wednesday, April 23, 1997, precisely at 5:00 p.m. Candidates shall qualify at the Office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. Section 3. Voting shall be conducted at the Sylva G. Martin Community Building, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 7:00 a.m. and close precisely at 7:00 p.m. Section 4. The official ballot for the 1 997 Special Election is annexed to this resolution. Section 5. The election books shall close Friday, April 25, 1997. 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 Section 6. The City Clerk shall publish notice of such special election once a week for four (4) consecutive weeks next preceding such special election in a newspaper of general circulation in South Miami. Such notice shall contain the date, time, and place of said election and identify the Commission group(s) to be voted for. Section 7. The City Clerk is directed, in conjunction with application election laws. Section 2. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this day of , 1997. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY F CITY OF SOUTH MIAMI i INTER- OFFICE MEMORANDUM To: Mayor and Commission Fro L. City Manager Date: March 28, 1997 Agenda Item #—�r Subject: Commission Meeting 4/18/97 Appointment of Betty Gibson to the After School House Advisory Board This resolution appoints Betty Gibson to the unexpired term of Leon Valentine on the After School House Advisory Board. With concurrence of the City Commission, Ms. Gibson's term will begin immediately, and will expire January 16, 1999. I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AFTER SCHOOL HOUSE ADVISORY BOARD. APPOINTING BETTY GIBSON TO FILL AN UNEXPIRED TERM EXPIRING JANUARY 16, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, the After School House is a South Miami institution with over 25 years of successful history, and originating through the efforts of residents in the interest of the children of their community; and WHEREAS, an Advisory Board for the After School House was established by Resolution No. 11 -96 -9764 and consisted of nine (9) members appointed by the Mayor; and WHEREAS, a vacancy now exist due to the resignation of a resident member Mr. Leon Valentine; and WHEREAS, the City Commission desires to appoint Mrs. Betty Gibson to serve in this capacity until the term has expired or until a successor is duly appointed and qualified; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Mrs. Betty Gibson to serve on the After School House Advisory Board. Section 2. The expiration date of this appointment shall expire January 16, 1999 or until a successor is duly appointed and qualified. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of VICE -MAYOR , 1997. S000, 2/3/97 Ronetta, Here is the Committee Application from Betty Gibson, who has been recommended for the After School House Advisory Board - along with Roseann Whiddon. Diana S v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. Name 2. Home Addr 3. Business 4. 5. 6. Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION (please print) - - n t n .tom . r. n .-' Business Address 7 U/ CiZ% W—f7 c: ..L 1-4 L-- -L-J l Home Phone 4 L 1, 0�� I Educational Back round $'. ,V-Z ✓.. _ 7,-41 L A A4 C ,d,) V,4.✓ ,-, Ari7 S 7-v C-) i 15 s -v- 1;7i A' S ?"!.�- i � L/ A" � ✓. 7. Community Services 8. Are you a registered voter? Yes V' No 9. Are you a resident of the City? Yes/ No 10. Do you have a business in the City? Yes No Signature Date RESUMES W LL REMAIN 0 FI FOR ONE YEAR 3000, .�,. �� .,.� a�� �� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission � romLDei City Manager Date: March 28, 1997 Agenda Item 4-6— Subject: Commission Meeting 4/18/97 Special Election This resolution provides for personnel to staff the polling place for the April 8, 1997 special election. Disbursement will be charged to account 9 01 -1200 -4920 "Elections." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING APPROPRIATE PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S SPECIAL ELECTION ON TUESDAY, APRIL 8, 1997; DISBURSEMENT WILL BE CHARGED TO ACCOUNT NO. 01- 1200 -4920 "ELECTION" WHEREAS, a Special Election for the City of South Miami to elect a Mayor for an unexpired term ending 2/19/98 has been called for Tuesday, April 8, 1997 at the Sylva G. Martin Community Building, 6130 Sunset Drive; and WHEREAS, to conduct this election the Commission desires to appoint sufficient personnel to staff the polling place on April 8, 1997 from 6:00 a.m., until the completion of their task. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The personnel for the special election on April 8, 1997 from 6:00 a.m. until the completion of their task after the close of polls shall be as follows: Gloria Stinger as Clerk; Marie Fernandez Valle as Deputy Clerk; Robert Regan; Thomas Peel; Thomas Cheesborough; Lois Marinoff; Jude Bagatti; Joni Nicco; Lloyd Salsburg, Betty Filippi; Juanita Henderson; Ritta Hogan; Helen Carter; Alice Victoria Fleischer; Ruth Anna Salsburg; Judy Rescigno; Harold Berman; and Andy Golan. Section 2. The polling place shall be open from 7:00 a.m., until 7:00 p.m. as prescribed by law. Section 3. This immediately upon approval. PASSED AND ADOPTED this ATTEST: resolution shall take effect day of APPROVED: CITY CLERK VICE -MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY , 1997. RESOLUTION NO. 19 -97 -9990 A RESOLUTION OF THE VICE MAYOR AND CITY COMMISSION OF THE CITY OF - SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CALLING FOR A SPECIAL ELECTION OF THE MAYOR; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING THE CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. WHEREAS, section 4, article II, of the City of South Miami Charter provides that the office of a Commissioner shall become vacant upon his or her death, resignation, removal from office in any matter authorized by law, or by forfeiture of his or office; and WHEREAS, due to the death of Mayor Tom Cunningham on Saturday, February 8, 1997 a vacancy now exist, thus creating an unexpired term until February 8, 1998; and WHEREAS, section 4(b) article II of the City of South Miami Charter provides that "should any vacancy occur more than 9 months prior to the general election, the commission shall have no power to fill the same; the expired term shall be filled by a special election being held not less than 45 days nor more than 60 days after such vacancy occurred "; and WHEREAS, state law requires election books to close thirty (30) days prior to said election;and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The 1997 special election will be held on Tuesday, April 8, 1997. On that date, a mayor will be elected to serve an unexpired term ending February 8, 1998. Section 2: The qualifying period for this election shall open Tuesday, February 25, 1997 and close Monday, March 3, 1996, precisely at 5:00 p.m. Candidates shall qualify at the Office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. Section 3: Voting shall be conducted at the Sylva G. Martin Community Building, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 7:00 a.m. and close precisely at 7:00 p.m. Section 4: The official ballot for the 1997 special election is annexed to this ordinance. Section 5: 10, 1997. The election books shall close Monday, March 1 Page 2 of Res. #19 -97 -9990 Section 6: The City Clerk shall publish notice of such special election once a week for four (4) consecutive weeks next preceding such special election in a newspaper of general circulation in South Miami. Such notice shall contain the date, time, and place of said election and identify the commission groups to be voted for. Section 7: The City Clerk is directed, in conjunction with the Dade County Supervisor of Elections, to comply with all applicable election laws. Section 8: This resolution shall take effect immediately upon its passage. PASSED and ADOPTED this 11th day of FPh_ , 1997. ATTEST: CITY CLERK READ�D APPROVED AS TO FORM: cI-J City Attorney APPROVED: VICE MAYOR OA COMMISSION VOTE: 4 -0 Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea s CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mawr and Commission Date: March 28, 1997 Agenda enda Item From: L. Dennis Whitt Subject: Commission M# ee 4/18/97 �/ City Manager Public Policy of Parity an Equal Dignity of Treatment of Municipal Entities This resolution requests Dade County to create a public policy of parity and equal dignity of treatment of municipal entities. That the general tax base of the Unincorporated Dade County Municipal Service Area (UMSA) be equalized by increasing the Ad Valorem municipal millage rate from 2.227 mills to a level that is at least equal to the average Ad Valorem tax millage currently charged by the incorporated municipalities. This item is placed on the agenda at the request of Commissioner Anna Price. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THAT THE 5 METROPOLITAN DADE COUNTY COMMISSION AND ITS 6 ADMINISTRATIVE LEADERS AND STAFF ACKNOWLEDGE AND CREATE 7 A PUBLIC POLICY OF PARITY AND EQUAL DIGNITY OF 8 TREATMENT OF MUNICIPAL ENTITIES. 9 10 11 WHEREAS, the Dade League of Cities, Inc. has proposed a base 12 line formula for any revenue sharing proposal; and 13 14 WHEREAS, newly incorporated areas have requested that an 15 orderly transfer of franchise fees be tendered and released to 16 them; and 17 18 WHEREAS, Metropolitan Dade County has either denied or 19 deferred these entitlement franchise fees to these incorporated 20 municipal areas; and 21 22 WHEREAS, all municipal corporations and their shared 23 constituents would suffer and continue to suffer due to this 24 wrongful denial of the franchise fees. 25 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 31 Section 1. That all newly incorporated areas be granted 32 and given full entitlement franchise fees. 33 34 35 Section 2. That the general tax base of the 36 Unicorporated Dade County Municipal Service Area (UMSA) be 37 equalized by increasing the Ad Valorem municipal millage rate 38 from 2.227 mills to a level that is at least equal to the average 39 Ad Valorem tax millage currently charged by the incorporated 40 municipalities. 41 42 43 Section 3. That subsequent to the exercise of a 44 leadership role by the Metropolitan Dade County Commission, 45 evidenced by raising and equalizing the UMSA millage rate, a 46 rational program of revenue sharing can then and only then be 47 addressed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR It 03/13/1997 11:42 3 05- 821 -5228 RUSS MARCHNER ASSOCI PAGE ©1 The Dade County League of Cities, Inc. 7480 FAIRWAY DRIVE, SUITE 206. MIAMI LAKES, FLORIDA 33014 305/557 -1722 FAX: 305/821 -5228 Rmacm F"m iat W N. DA VI D T. PEARLSON Vida Mara, Minot Baru brat VW It 4W* HON. JEFF MIIIHCON Mayor, North M=M Rawh JIawM Via lfaa AW NON. K NN CAVALIER, JR Mayor. Mitzi 401s; TW Via Pga1arW HON, WIFRED0 (WILLY) OORT Commeaiona, Mime biwom7 NON. ROY SHIVER V— M"W' PJo two Wily Troomw r HON, REBECA SORA MOW. Wet Mime W. wR �iTiR� Vloe M". Awnntra HON. MATINEW BLANK Cawfolli r, Bak Hrrbour HON. ROBEItTH, YAFFE Carnrohmt, Bry Heber I+hrda HON. JAMES A.REEDER Mryar, Be—r- Pei HON. WILLIAM H. KERDYK, JR. Cartmummm. Cad Cables HON. REM KAPLAN Btmd Marko. Dada Connly Sdwd JJu dd HON. DAISY BLACK. Mayo. El Pord HON. IBREAL AN DREW $ Cormaert"W FJooda Cety HON.JUDY CUENCA Morm. Odder Bsah HON. CAXhM CALDWF.Ld. c4etr0«omark Jlinlaah NON. OtLDA CARBRFRA UP CORW Mayor. JbaMah God" HON. M' SHIVER Courbabral. Hama.eend HON. KFNNrM FISHER Maya, ln&n Credo HON. MICHELE PADOVAN Vm Maya. Kay {Iiw yna NON, JACK MORROW Mayor, Madb/ JION, JAMES BURKE C000rohnaw. M+ opoklan Drdr County HON. WILLIAM J. HEFFERNAN Coowhrrein, Mies Shaw Hak. JOAN MTrCHING5 VJr,, :1eY cr. lrf.rol 6prVIY HON. IRVINO LEIOJrMN Vine Mayor, Nato may VAW HON. PRANK. WOLLAND Courima rra, North Mimi HONJAY IL CHERNOPF Cmmoh"m% North Mmai Badr HON. CINDIE HLANCK HON. ALVIN MILLER Vim Myor, Opa•I.oaka HON. ANNA M. PRICE Cormimsiur o, & M Mianl NON, J. MHELL KJN22R Cwrma..w,e. Saida HON. PRISCA BARRETO Cowry hromo4 Sweatwoe 1tON. EM1I.lO0UN1rRA Coena4rv'4 NSgwu Gadau thfiLZASUMM JJON.JAMBST. BARKER CM04" ar, Cod Cinhlnt HON. RLTIM L. CAMPBELL L01a%f WWW4Homraard HON. Jof:Pm J. GARDNER Cowrailaen4 any Heber Work HON. JOHN KURZMAN Veda Mayor, North Menu Bsrh WX RAUL L. MARTINEZ Mayor, "0614 W)N. J. L. PLUMMER JR. Corrara.waro. "Wkii NON. ARTHURSNYDER Mara,Arwoxv HON. TAUL VOCIU • D.C. Ar*yor; North 1My virile Rxomm a u*•.er.r RUSS MARCHM G OD" Carrrd HOWARD B. LENARD TO: ALL CITIES /COUNTY PROM: Russ Marehlner, Executivc Director DATE: March 12, 1997 Enclosed please find resolution No. 97-4. of the Board of Directors of the Dade League of Cities, Inc., requesting that the Metropolitan Dade County Commission and its administrative leaders and staff acknowledge and create a public policy of parity and equal dignity of treatment of municipal entities. The last Dade League Board of Directors Meeting approved this resolution on March 6, 1997. Thank you #47 To: From CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM Mayor an City Commission � Z%1lll�G� L. ennis Whitt City Manager REQUEST: Date: March 25, 1997 Agenda Item # Re: Comm. Mtg. 04/01/97 Street Naming Instructions A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS TO THE HISTORIC PRESERVATION BOARD TO DEVELOP A PLAN FOR THE NAMING OF STREETS IN THE HOMETOWN DISTRICT TO HONOR FAMILIES WHO ARE IMPORTANT TO THE HISTORY OF THE AREA AND CITY OF SOUTH MIAMI; PROVIDING AN INVITATION; PROVIDING A DEADLINE; AND, PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The proposed resolution instructs the Historic Preservation Board [H.P.B.] to prepare a street naming plan, in order to honor the pioneering families of the area and the City of South Miami. Under Section 2 of the proposed resolution, the City Commission invites members of the public and of the community to submit family names for the project. Interested parties who desire to submit nominations should contact Mr. Bill Mackey at (305) 663 -6327 by April 24, 1997. The Historic Preservation Board will meet on April 28, 1997, at 4:00 PM to review the matter. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Sample Resolutions from the Record • Resolution No. 66 -86 -6036 • Resolution No. 61 -85 -7026 City Manager's Report: Street Naming Instructions Resolution (Not a Public Hearing) I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INSTRUCTIONS 6 TO THE HISTORIC PRESERVATION BOARD TO DEVELOP A PLAN 7 FOR THE NAMING OF STREETS IN THE HOMETOWN DISTRICT TO 8 HONOR FAMILIES WHO ARE IMPORTANT TO THE HISTORY OF THE 9 AREA AND CITY OF SOUTH MIAMI; PROVIDING AN INVITATION; 10 PROVIDING A DEADLINE; AND, PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City Commission desires that the pioneering 14 families who have played a role in the history of the area and 15 the history of the City of South Miami be honored by designating 16 street names for streets in the Hometown District; and, 17 18 WHEREAS, many families have contributed to the development 19 of the area, and all of these families may not be presently known 20 to the City of South Miami City Commission and City staff; and, 21 22 WHEREAS, the City Commission desires to honor all of those 23 families who are pioneers and played a significant role in the 24 development of the area and the City of South Miami; and, 25 26 WHEREAS, the City Commission desires to elicit nominations 27 from the public for family names for this project; and, 28 29 WHEREAS, the Historic Preservation Board [H.P.B.] is well 30 versed in the history of the area and City of South Miami; and, 31 32 WHEREAS, per Section 20- 6.1(C)(3)(n) of the Land Development 33 Code, the Historic Preservation Board may perform other duties as 34 charged by the City Commission, including historic research; and, 35 36 WHEREAS, the City Commission desires to instruct the H.P.B. 37 to review nominations and to select families to be honored by the 38 designation of street names in the Hometown District; and, 39 40 WHEREAS, the City Commission finds that it is in the public 41 interest to honor pioneering families who have made significant 42 contributions to the area and to the City of South Miami; 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 45 THE CITY OF SOUTH MIAMI, FLORIDA: Street Naming Instructions Resolution: April 1, 1997 1 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 Section 1. The Historic Preservation Board is hereby instructed to perform the necessary research to develop a plan for the naming of streets in the Hometown District, in order to honor the families of pioneers and other important contributors to the history of the area and of the City of South Miami. Section 2. The City Commission hereby invites the public to offer family names for consideration by the Historic Preservation Board to be included in this street naming project. Section 3. The Historic Preservation Board shall consider this matter and prepare a plan for street naming, which is to be presented for review before the City Commission on Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 1" day of April, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM:. CITY ATTORNEY APPROVED: MAYOR Street Naming Instructions Resolution: April 1, 1997 c:\ ... \ H.P.B. \ Street- Names.doc nA RESOLUTION NO. 66 -86 -6036 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, RENAMING SOUTHWEST 84TH STREET FROM RED ROAD TO SOUTHWEST 62ND AVENUE, SOUTH MIAMI, IN HONOR OF H. HOLLIS BARROW WHEREAS, H. Hollis Barrow served the City of South Miami with unselfish and unti'ri'ng effort as Councilman, acting Mayor, head of the Fire Committee and head of the Building Committee during 1943 -49 and 1951/52, and; WHEREAS, H. Hollis Barrow was very instrumental in implementing steps. to have a median strip on S.W. 84th. Street; and WHEREAS, the City Commission desires to express its appreciation for his effort and decication to the City of South Miami; 3OW, THEREFORE, BE IT RESQLVED BY' THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That a portion of S.W. 84th. Street, from Red Road to S.W. 62nd Avenue, all lying and bei.,ng wi,thfn the City of South Miami, Florida, be renamed and now-known as; Hol l i's- Barrow Street in honor of H. Hollis Barrow. ATTEST: PASSED AND ADOPTED th..i:s, 22nd TTY CLERK day of July , 1986. APPROVED: MAYOR RL.iULUI1 V11 IAU. 01- 00 -1u;eh A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING SOUTHWEST 57TH COURT, BETWEEN SUNSET DRIVE AND SOUTHWEST 76TH STREET, AS OMAR STANG DRIVE IN HONOR AND DEDICATION TO OMAR STANG, A GREAT HUMANITARIAN. WHEREAS, Omar Stang, a long -time member of this community, has become renowned far beyond the confines of this community ; and WHEREAS, his leadership, personal service and monetary assistance to the City of South Miami has been invaluable in the development of this City; and; WHEREAS, Omar Stang has served the community with distinction in a long list of appointments and offices, demonstrating always his willingness to place his concern for the public good ahead of his personal interest; and WHEREAS, Omar Stang has earned the admiration and high regard with all those with whom he has come into contact and the affection of his fellowman; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City street, now known as S.W. 57th Court, between Sunset Drive and S.W. 76th Street, be and is hereby designated as: OMAR STANG DRIVE in honor and dedication to Omar Stang, a great humanitarian. PASSED AND ADOPTED this 3.Qt1i day of duly 1985. APPROVED: ATTES !r' M R Y E APPROVED AS TO FORM: CI ATTORNEY CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: March 31, 1997 Agenda Item # From: L. Dennis Whitt Re: Comm. Mtg. 4/1/97 City Manager City Attorney's Legal Fees & costs This resolution provides authorization for payment of City Attorney non - retainer legal fees and costs in the amount of $5,011.63 and charge account #1500 -3410. The appropriate invoices for fees and costs have been submitted and are attached to this resolution. This payment covers the period ending February 28, 1997. I recommend approval. M &C /Att.feescosts 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF CONSULTING LEGAL ATTORNEY FEES IN THE AMOUNT OF $5,011.63 CHARGED TO ACCOUNT NO. 1500 - 3410. WHEREAS, the South Miami City Commission approved Resolution no. 99 -94 -9500 authorizing the payment of City Attorney non - retainer legal fees and costs; and WHEREAS, the City Attorney submitted the invoices for fees and costs which are attached to this resolution; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Attorney's invoices for legal fees and costs, which are annexed and made a part of this resolution as composit App.l., are approved for payment. Section 2. The amount of $5,011.63 charged to account no. 1500 -3410; Consulting- Legal. Section 3. This resolution will be effective upon passage. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE MAYOR 1997. EARL G. GALLOP & ASSOCIATES, P.A. Mr. L. Dennis Whitt City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Whitt: TELEPHONE (305) 982 -1510 FACSIMILE (305) 982 -1599 Enclosed are our statements for professional services rendered and for costs advanced for the period ending February 28, 1997. Please place this statement on the agenda of the next City Commission meeting for approval. I tabulated the amounts due on each individual files as follows: 88071 Lien Foreclosures Profl Services $ 4,105.00 Disbursements 26.56 Total Due $ 4,131.56 88072 General Real Estate Profl Services ATTORNEYS AT LAW 0 FIRST UNION FINANCIAL CENTER, SUITE 3580 200 SOUTH BISCAYNE BOULEVARD Total Due MIAMI, FLORIDA 33131 -2316 EARL G. GALLOP 88073 Bakery Centre Profl Services VALERIE F. SETTLES 0 OF COUNSEL LUIS R. FIGUEREDO Total Due $ March 20, 1997 Mr. L. Dennis Whitt City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Whitt: TELEPHONE (305) 982 -1510 FACSIMILE (305) 982 -1599 Enclosed are our statements for professional services rendered and for costs advanced for the period ending February 28, 1997. Please place this statement on the agenda of the next City Commission meeting for approval. I tabulated the amounts due on each individual files as follows: 88071 Lien Foreclosures Profl Services $ 4,105.00 Disbursements 26.56 Total Due $ 4,131.56 88072 General Real Estate Profl Services $ 0 Disbursements 10.25 Total Due $ 10.25 88073 Bakery Centre Profl Services $ 0 Disbursements 0 Total Due $ 0 88074 Mandelstam v. CSM Profl Services $ 806.00 Disbursements 9.00 Total Due $ 815.00 "r1 Mr. L. Dennis Whitt March 20, 1997 Page -2- 88075 Stieglitz Litigation 880076 . Anthony Litigation Profl Services $ 52.50 Disbursements 2.32 Total Due $ 54.82 Profl Services $ 0 Disbursements 0 Total Due $ 0 CURRENT TOTAL DUE $ 5,011.63 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:sgs Enclosures amspmbil EARL G. GALLOP & ASSOCIATES, P.A. ATTORNEYS AT LAW Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: 1305) 980 -1599 L. Whitt, City Mgr City of South Miami 6130 Sunset Drive South Miami, Florida 33143 March 20, 1997 Matter: 88071 City of South Miami Foreclosures Invoice 9 203 ------------------------------------------------------------------------------------------------------------------------------ 02/11/97 EGG Attention to liens of Davis Gardens properties; meeting 0.50 87.50 between Earl G. Gallop and Ms. Urda and instructions regarding handling foreclosure of liens; telephone conference with Mr. Birdwell; preparing memorandum regarding further handling needs TJU Review file documents for Davis Gardens lien foreclosures; 0.50 62.50 telephone conference with Ms. Lama requesting City's file documents regarding same 02/12/97 EGG Reviewing liens on Davis Gardens properties; instructions 0.70 122.50 to title attorney regarding performing owener's and encumbrances searchs TJU Review file information for Davis Gardens property 0.50 62.50 02/13/97 TJU Review complaint filed by Norwest Bank against Pedro 0.50 62.50 Rivero, et al., showing a lien by the City of South Miami; meeting with Mr. Gallop regarding same; telephone conferences with Ms. Lama, Mr. Walker and Mr. Oshikoya regarding City's file documents regarding same TJU Review title search documents regarding lien foreclosure 0.50 62.50 files Matter: 88071 March 20, 1997 Page 2 02/14/97 TJU Telephone conferences with Mr. Oshikoya regarding City's 0.50 62.50 file documents,as to Pedro Rivero; review documents sent by Mr. Oshikoya to determine whether Answer Norwest's complaint TJU Review title search documents regarding lien foreclosure 1.00 125.00 files EGG Telephone conference between Earl G. Gallop and Mr. 0.40 70.00 Cronig, title attorney, regarding effect of releasing liens on Davis Gardens common property on liens on lots, and requesting advice regarding same 02/17/97 TJU Meeting with Mr. Walker at the City of South Miami 1.50 187.50 regarding the City's claim of lien against Mr. Rivero's property; review all file documents regarding same; telephone conferences with Ms. Vasquez regarding filing of release of lien; prepare memorandum to Mr. Gallop regarding status of matter and need for filing an Answer to Norwest's Complaint TJU Review South Miami lien file documents pursuant to a 1.50 187.50 request by Ms. Lama 02/18/97 TJU Prepare draft complaints for lien foreclosures 3.00 375.00 02/19/97 EGG Attention to preparing lien foreclosure actions 0.50 87.50 02/21/97 TJU Review lien foreclosure files; organize documents to be 5.50 687.50 utilized as exhibits to complaints 02/22/97 EGG Receipt and reviewing title report on Davis Gardens lots and 0.75 131.25 liens; preparing letters to Messrs Hampton, Patterson and Christie regarding origination of liens; preparing letter to Mr. Birdwell regarding same Matter: S8071 March 20, 1997 02/24/97 TN Travel to City Hall to obtain missing file documents; meetings with Ms. Lama regarding same. TN Meeting with Mr. Gallop regarding lien foreclosures TN Organize lien foreclosure documents; meeting with Mr. Gallop regarding lien foreclosure complaint format Page 3 0.50 62.50 0.25 31.25 4.00 500.00 02/25/97 TN Prepare lien foreclosure complaint and organize exhibits for 2.50 312.50 Marshall Williams property 02/26/97 TN Travel to City Hall to retrieve lien documents; meetings 0.60 75.00 with Ms. Lama and Mr. Walker regarding same 02/27/97 TN Review City release of liens files for relevant documents in preparation for lien foreclosures TN Telephone Conference with City's finance department regarding request that our office prepare lien history document for Marshall Williams property TN Travel to City Hall to retrieve lien documents; meetings with Ms. Lama and Mr. Walker regarding same 02/28/97 TN Finalize review of release of lien file documents for those relevant to lien foreclosure actions TN Attention to Marshall Williams file documents in preparation for lien foreclosure 2.75 343.75 0.25 31.25 0.50 62.50 1.50 187.50 1.00 125.00 9 Matter: 88071 March 20, 1997 Total Professional Services Summary: Name: Hours: Rate: Amount: Earl G. Gallop 2.85 $175.00 $498.75 Teresa J. Urda 28.85 $125.00 $3,606.25 For Disbursements Incurred: 02/28/97 Photocopies - 2/1/97 - 2/26/97 Facs Feb. 1 -26 Page 4 --------------- -- $4,105.00 15.00 WX Postage January 2.56 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. For Professional Services . For Disbursements Incurred Current Balance Previous Balance Payments - Thank you 31.70 Hours $4,105.00 $26.56 ---------------- - - - - -- $4,131.56 $7,790.82 r rrrrrrrrrrrrrrr $0.00 Total Due $11,922.38 To be properly credited, please indicate Bill number on your remittance check. y Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr Invoice # 204 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 March 20, 1997 Matter: 88072 City of South Miami Real Estate -----------•------------------------------------------------------------------------------------------------------------- - - - - -- For Disbursements Incurred: 02/28/97 Photocopies - 2/1/97- 2/26/97 Facs Feb. 1 -26 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. For Professional Services For Disbursements Incurred 0.00 Hours 5.25 411111 $0.00 510.25 Current Balance $10.25 Previous Balance $70.94 r.................. Payments - Thank you $0.00 Total Due $81.19 To be properly credited, please indicate Bill number on your remittance check. 6 Earl G. Gallop & Associates, P.A. ' First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr Invoice 9 206 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 March 20, 1997 Matter: 88074 City of South Miami Mandelstam Litigation ------------------------------------------------------------------------------------------------------------------------ - - - - -- 02/03/97 EGG Receipt and reviewing mandate of appellate court 02/07/97 SS Searching files for attorney's fees invoices incurred in defending Mandelstam's claim against Cathy McCann for fee recovery petition 02/12/97 TN Review file documents in preparation for drafting attorney's fees affidavit; update legal research regarding attorney's fees under Section 57.105, Fla. Stat. 02/13/97 TJU Review decisional authority regarding attorney's fees; review all bills submitted by Mr. Gallop in defense of Ms. McCann; attorney's fees affidavit Name: Earl G. Gallop Teresa J. Urda Stephanie Shine Total Professional Services Summary Hours: Rate: Amount: 0.10 $175.00 $17.50 6.00 $125.00 $750.00 1.10 $35.00 $38.50 0.10 17.50 1.10 38.50 1.50 187.50 4.50 562.50 :1. 11 Matter: 88074 March 20, 1997 Page 2 For Disbursements Incurred: 02/28/97 Photocopies - 2/1/97 - 2/26/97 9.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. For Professional Services 7.20 Hours $806.00 For Disbursements Incurred $9.00 ---------------- - - - - -- Current Balance $815.00 Previous Balance $435.63 --------------- - Payments - Thank you $0.00 Total Due $1,250.63 To be properly credited, please indicate Bill number on your remittance check. Earl G. Gallop & Associates, P.A. First Union Financial Center 200 S. Biscayne Blvd., #3850 Miami, Florida 33131 -3580 TEL: (305) 982 -1510 FAX: (305) 980 -1599 L. Whitt, City Mgr Invoice # 207 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 March 20, 1997 Matter: 88075 City of South Miami Stieglitz Litigation ------------------------------------------------------------------------------------------------------------------------------ 02/07/97 EGG Receipt and reviewing letter from Smith accepting defense 0.30 52.50 of city and advising of posture of settlement discussions; preparing letter to Smith Total Professional Services Summary: Name: Hours: Rate: Amount: Earl G. Gallop 0.30 5175.00 $52.50 For Disbursements Incurred: 02/28/97 Photocopies - 2/1/97- 2/26/97 Postage January Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. $52.50 2.00 0.32 6 Matter: 88075 March 20, 1997 For Professional Services For Disbursements Incurred Current Balance Previous Balance Payments - Thank you Page 2 0.30 Hours $52.50 $2.32 ---------------- - - - - -- $54.82 $6,044.49 ----- ....... --- - $0.00 Total Due $6,099.31 To be properly credited, please indicate Bill number on your remittance check. 6 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: yor and Commission FROM: L. Dennis Whitt City Manager DATE: April 1, 1997 RE: Agenda Item # to Commission Meeting, April 1, 1997 SIDEWALK AND CURB /GUTTER REPAIRS - CITYWIDE CONTRACT The attached resolution seeks approval of an agreement established during the last fiscal year between the City of South Miami and Homestead Concrete and Drainage for maintenance and repair of city sidewalks. Although significant progress in sidewalk repairs has been made over the past year, work remains to be identified and completed. In most cases, the cause of our sidewalk problems are tree roots. These roots push the sidewalk and curb /gutter sections upwards, causing cracks and /or uneven sections. Such instances present a liability situation as a result of the tripping hazard they pose. Over the past year, Public Works has successfully employed the services of a concrete and drainage firm which has repaired sidewalks throughout the city. The Mayor and Commission approved the agreement for the previous fiscal year in May, 1996 through Resolution No. 99 -96 -9853 (attached). Based on the above, it is recommended that the City enter into a contract for sidewalk repair with Homestead Concrete for the current fiscal year. As done previously, the contract will adopt the same fee structure in effect in the agreement between Homestead Concrete and the City of Miami Beach. The total amount to be spent through this contract for the remaining part of the fiscal year is not to exceed $15,000. Attachments i RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH s MIAMI, FLORIDA, AUTHORIZING THE CITY G MANAGER TO ENTER INTO A SIDEWALK 7 REPAIR AND MAINTENANCE AGREEMENT 8 WITH HOMESTEAD CONCRETE AND 9 DRAINAGE FOR AN AMOUNT NOT EXCEED io $15,000 FOR THE CURRENT FISCAL YEAR 11 AND CHARGING THE DISBURSEMENT TO 12 LOCAL OPTION GAS TRUST FUND NO. 2 -12- 13 1730 -4640. 14 15 WHEREAS, the condition of some of the city's sidewalk and curbs 16 presents a potential hazard to pedestrians and compromise the aesthetics of 17 the thoroughfares, and; 18 19 WHEREAS, the majority of the sidewalk damages have been caused 20 by tree roots, thereby requiring extensive root pruning in addition to removal 21 and replacement of concrete sections; and, 22 23 WHEREAS, the Public Works Department does not have the staffing 24 nor equipment to undertake the work required; and, 25 26 WHEREAS, the Department has identified a concrete and drainage 27 finn, previously approved via Resolution No. 99 -96 -9853, which has 28 performed satisfactorily for the City over the past year. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 31 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. The City Manager be, and is hereby authorized to enter 34 into a service agreement with Homestead Concrete and Drainage for 35 repair and maintenance of sidewalks and curb /gutter, as well as 36 perfonning root pruning on a city -wide basis. dh 38 Section 2. The above referenced contract will adopt the fee stricture 39 established for the agreement in effect between Homestead Concrete 40 and the City of Miami Beach (Bid No. 43- 93/95), incorporating a five 41 percent discount to account for colorless concrete. 42 43 \continued... to 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 Section 3. The total amount to be spent on the above referenced contract will not exceed $15,000 during the current fiscal year. Section 4. That this resolution shall be in effect immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: READ AND APPROVED AS TO FORM City Attorney day of 1997. APPROVED: VICE -MAYOR /69 1 0 1 --J f� ]RESOLUTION NO. 99 -96 -9853 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER. TO ENTER INTO A SIDEWALK REPAIR AND MAINTENANCE AGREEMENT WITH HOMESTEAD CONCRETE AND DRAINAGE FOR AN AMOUNT NOT EXCEED $25,000 FOR THE CURRENT. FISCAL YEAR AND CHARGING THE DISBURSEMENT TO LOCAL OPTION GAS TRUST FUND NO. 2-12-1730-4640. WHEREAS, the condition of many of the city's sidewalk and curbs presents a potential hazard *to pedestrians and compromise the aesthetics of the thoroughfares, and; WHEREAS, the majority of the sidewalk. damages have been caused by tree roots, thereby requiring extensive root pruning in addition to removal and replacement of concrete sections; and, :WHEREAS, the Public Works Department does not have the staffing nor equipment to undertake the work required; and, WHEREAS, the Department has identified a reputable concrete repair and maintenance firm with extensive experience in municipal sidewalk work; and, WHEREAS, the above firm is currently on contract with two Dade County municipalities, and has also performed satisfactory work for this city in the past. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section The City Manager be, and is hereby authorized to enter into a service agreement with Homestead Concrete and Drainage for repair and maintenance of sidewalks and curb /gutter, as well as performing root pruning on a city -wide basis. Section . The above referenced contract will adopt the fee structure established for the agreement in effect between Homestead Concrete and the City of Miami Beach (Bid No. 43- 93195), incorporating a five percent discount to account for colorless concrete. \continued... 0 I WV I W HlrlO:z, .10 A1I0 WV 4G:01 a3M Res. #99-96 -9853 Section 3. The total amount to be spent on the above referenced contract will not exceed $25,000 during the current fiscal year. PASSED AND ADOPTED this 7th day of 'MSy, 1996. READ AND APPROVED AS TO FORM City Attorney APPROVED: Vf CMNAYOR COMMISSION VOTE: 4 -0 Mayor Cunningham: Not present Vice'Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel:Yea Commissioner Young: Yea /0 IL1t7I W HInos jo 7715 wid Isi a, aam Lb -S I -N"f L .O G Q) U G a) a) C L 3 a) N a) t c O CL c U) Y L �. O M 3 M � a) M U '�T G O Z E 0 O U m p 0 Z O a Z .a a) c O L CD C ►_ � a) a) �° cp � Y p 0 CL a) U U `�- O O G1. Cf) U O CL L O a) a.`u cu U) ca F- CD 110- tr Z U r OD LO W. 64 64 Q U) O O W V) v r N U) W "Cr I7' IT T- V O LO mot' O O LO LO 00 r 1` 00 r � � 6 } N N �— N N- G O GI). 6{ f4) 64) (4) E4) O O O O O O O Q O O O O LO O N U') O N Ln O C) `. ... r ......r r N V C v to Q Q Q r N W W W G O G U U U U U U U U U m O M CO !- t-' F— 1— F— t-' 'I. d' ';t L L L (1) (D a) IRT 'IT 19' CD CD CD N N . 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LL. lL LL U) U) GO o m + o rn + !- ~ Z Un �' U') ) °o r LO 13? LO °o t d U O •L7 W m V GO CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: ,Mayor and Commission ��/IIGbG -t/ cJ DATE: April 1, 1997 FROM: L. Dennis Whitt SUBJECT: Agenda Item # / City Manager Commission Meeting April 1, 1997 Approval of purchase of 15 street litter receptacles for Public Works' replacement program. The attached resolution seeks approval of a $5,842.50 expenditure to purchase 15 street litter receptacles or cans. These receptacles will be used to replace deteriorating ones and to establish a stock of spare cans. The spares are needed to replace litter cans which are damaged by vehicles or as a result of vandalism such as graffiti. Another possible use of the new cans will be to augment the number of receptacles where required. This purchase is included in the current budget. Litter receptacles are an important component of any litter control program. Due to their visibility, receptacles should look presentable. I therefore recommend that this purchase be approved by the Mayor and City Commission. Attachments 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.1 25 26 27 28 29 30 31 32 33 3.1 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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 $5,842.50 TO COSGROVE ENTERPRISES, INC. FOR THE PURCHASE OF 15 STREET LITTER RECEPTACLES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1730 -541 -6430, "STREETS DIVISION - EQUIPMENT OPERATING ". WHEREAS, the litter cans placed on city streets are constantly subjected to the deteriorating effect of the elements, as well as accidental damage and vandalism, and; WHEREAS, despite refurbishing efforts by Public Works, some of these litter cans deteriorate beyond repair over the course of time, thereby requiring a replacement program and; WHEREAS, funding for the replacement program has been included in the current fiscal year's budget. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained the following price quotes: Cosgrove Enterprises, Inc. $5,842.50 Quality Chemical Co., Inc. $5,866.20 Upbeat, Inc. $6,360.00 Section 2. The City Manager be, and is hereby authorized to disburse the sum of $5,842.50 to Cosgrove Enterprises, Inc. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: READ AND APPROVED AS TO FORM City Attorney day of 1997. APPROVED: VICE MAYOR It 03/14/1997 16:15 305- 6677806 CITY OF SO MIA PORCH Mar -14 -97 13:06A quality Chamical Co. 305 944 6857 Quality Chemical Company 1835 N.E. 14Wth St - NOrth Miami, Ft 33181 -1420 DADE (305) 90.2837 - BROWARD (305) 524-3707 FAX 0 (305) 944 -6057 MANUFACTURERS and DISTRIBUTORS Janitprial. Industrial, Water Treatment and Specialty Chemicals, Sanitary Maintenance Equipment and Supplies. PAGE 02 FA X COAL' R Sxxr-jET A17Tv1: e.-AJ; A4.( 5,7(U. J ✓" FROM: n�c M I•s, l f J AZLI, Jet r Ica' J • A riJ V"'tl CiJ v,.' f ndwjin& cover) Ifro,+rb not rtxNvo sit �� or iftrn„nni.stan ix i{kgil,le. t,lcauc evil w T11X fJK above ,lumlycrs 31 :aa$ ati fwst�k. / i l a.• A .v • � fN•'� tJ v1L S.vt./a! r AT r. +.�J • K C-1uAr�S c, -,ever AYr +c i>. Z_ c.•t C-1 -3 `3P 'dE'As. Pe /� �/! . Aft Gt/ -1'4,v,. 7' . ,4� J i .'frs F ^•` y• ! (.: 'A P/Jlr r q ill r- P.O1 03/14/1997 16:15 305 - 6677806 CITY OF SO MIA PURCH PAGE 03 1'16E 02 QUOTATION /PROPOSAL 1 9"tx /1veNUa DATE MIAMI. P1.aRWA 33014 Z Z S !).7 (301) 623.010 INWIRY NO. DATE 0. P NOUIRY NO. s1oN+��ry C) IL /P�Op09al rn rn � O w ` W91 ti w� 0 0 TO 39ad H06nd viw oS d0 Aiio a E' N 0 40 to V ♦I 0 0 -1 0 0 v m �a m G O vi 9©8LL99 -S ©E ST :9T L66T /bT /E0 w M6 Y p m my cc a s ?$ S a m M z Z O s � � x a O r O ca ; � O v D c MA Cn 9 TO 39ad H06nd viw oS d0 Aiio a E' N 0 40 to V ♦I 0 0 -1 0 0 v m �a m G O vi 9©8LL99 -S ©E ST :9T L66T /bT /E0 03/14/1997 16:15 305- 6677806 1 Unbeat.Inc. CITY OF SO MIA PURCH PAGE 04 PeAorstsd h%W Rspptwigs Keep your grounds looking beautiful with these long lasting meta) receptacles Available In freestanding or wall /pole mounted units. Mounted receptacle, 1. attach with screws or stainless steel straps (included). Its hinged bottom make- "tying easier and con be locked to prevent vandalism. The free standirrG receptacle has two W diameter holes hallway up the sides allowing unit to be secured with a chain to prevent theft. Drainage holes prevent corrosion. Free standing receptacles are available with a black anodized aluminum funnel top to keep wind from blowing trash, Specify Green. Red. Brown or Black baked enamel finish. 6. In- Ground Waste Can Holders Heavy gauge steel holder keeps the can off the ground and away from moisture. Pointed legs stick into grourxi or can be put into concrete. Black enamel finish. Price Per Unit COL No. For Use With Ship. WL 1 12 EXMI -WRH -974 22 gal. 5 lbs. $25 $23 'j EXM- WRH -It7$ 34 pal. 7 lbs. $27 $25 1 F.O.B. Illinois factory 6. Fire -84fs Steel Outdoor Receptacle Extra large 48 -gallon capacity container designed for high traffic areas Galvanized steel construction and stainless steel legs make It tough enough for Cities. Perris or schools. Oversized fitter openings are 714" x 21" with cam locked service door below. Available with galvanized steel or Germ- FighterS antimi- crobially treated rigid plastic liner. Specify Empire Grsen/White, Light IBlare/Whtte or Brown/Be* (shown) top/base baked-on enamel finish. "Fitch In" decals sold separately. Cat. No. Liner Dimensions Ship. WL P 1" Per Unit UNMI -G48WL Galvanized 49' H x 22'W 88 lbs. $394 ;3g2 UMM- 0481 -PL Plastic 49' H x 22' W 82 lbs. $394 S3gZ UNM-OPIS Pitch In Decals ... 310 per Set of 2 F.O.B. Pennsylvania factory 7. Weatherproof Outdoor Receptscls I 48-gallon galvanized steel mesh receptacle is rugged, yet practical for city i streets, parks and factories. See - through design allows for handling only when ; needed, saves time along busy collection routes. Freufe galvanized steel con- struction with rolled -up safety edging and two reinforcing horizontal bands. Cat. No. Dimensions Ship. Wt, Pr1 •Pet 6ntt i SFA -9724 32' H x 24' Dia, 31 lbs. $138 $134 a- Outdoor Covered Steel Receptacle Sonnet top has extra large 20" x 8" shielded openings for easy use. Locking reinforced service door permits access to removable 26- gallon galvanized steel i liner. Features welded galvanised steel construction with weather resistant htgh luster finish. Unit base sits 7' above ground WjLbolt owe, anchorinn dwico to deter tl+e(l. 5(�eCtty 5t1ad. Blue o Green top over white se. Cat. NO. ce Per t f Ditrtenslons Ship. WL 1 a f SFA-9M 49' H x 29'W 91 lbs. $437 $424 �I # F.O.B. Minnesota factory Dimensions Price Per Unit GAL No. Gstlon Cap. Wall Mount H x Din. Ship. WL 1 12 1. EXM -WRO Free Slading 10 gal. 23' x 11 A' 15 lbs. $ 74 S 71 EJO&WR10 10 gal. 23' x 11 W 13 Itrs. $ 57 $ 55 EXM -WR22 22 gal. 30' x 15' 22 lbs. $ 81 $ 79 P-XM -WR34 34 gal. 35' x 18' 32 lbs. S 94 S 91 Free %and[na WftlA Funtael ToR 2. EXM- WR -Iof 100. 23' x 1Vi" 19 lbs. S 90 S 66 3. EXM- WR -22F 22 gat. 30' x 15' 39 lbs. $120 $117 4• EXM-WR34F 34 gal. 35"x 18' 41 lbs. $139 $135 6. In- Ground Waste Can Holders Heavy gauge steel holder keeps the can off the ground and away from moisture. Pointed legs stick into grourxi or can be put into concrete. Black enamel finish. Price Per Unit COL No. For Use With Ship. WL 1 12 EXMI -WRH -974 22 gal. 5 lbs. $25 $23 'j EXM- WRH -It7$ 34 pal. 7 lbs. $27 $25 1 F.O.B. Illinois factory 6. Fire -84fs Steel Outdoor Receptacle Extra large 48 -gallon capacity container designed for high traffic areas Galvanized steel construction and stainless steel legs make It tough enough for Cities. Perris or schools. Oversized fitter openings are 714" x 21" with cam locked service door below. Available with galvanized steel or Germ- FighterS antimi- crobially treated rigid plastic liner. Specify Empire Grsen/White, Light IBlare/Whtte or Brown/Be* (shown) top/base baked-on enamel finish. "Fitch In" decals sold separately. Cat. No. Liner Dimensions Ship. WL P 1" Per Unit UNMI -G48WL Galvanized 49' H x 22'W 88 lbs. $394 ;3g2 UMM- 0481 -PL Plastic 49' H x 22' W 82 lbs. $394 S3gZ UNM-OPIS Pitch In Decals ... 310 per Set of 2 F.O.B. Pennsylvania factory 7. Weatherproof Outdoor Receptscls I 48-gallon galvanized steel mesh receptacle is rugged, yet practical for city i streets, parks and factories. See - through design allows for handling only when ; needed, saves time along busy collection routes. Freufe galvanized steel con- struction with rolled -up safety edging and two reinforcing horizontal bands. Cat. No. Dimensions Ship. Wt, Pr1 •Pet 6ntt i SFA -9724 32' H x 24' Dia, 31 lbs. $138 $134 a- Outdoor Covered Steel Receptacle Sonnet top has extra large 20" x 8" shielded openings for easy use. Locking reinforced service door permits access to removable 26- gallon galvanized steel i liner. Features welded galvanised steel construction with weather resistant htgh luster finish. Unit base sits 7' above ground WjLbolt owe, anchorinn dwico to deter tl+e(l. 5(�eCtty 5t1ad. Blue o Green top over white se. Cat. NO. ce Per t f Ditrtenslons Ship. WL 1 a f SFA-9M 49' H x 29'W 91 lbs. $437 $424 �I # F.O.B. Minnesota factory E �ie TO: FROM CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 Mayo d Commission L. Dennis Whitt City Manager DATE: March 27, 1997 RE: Agenda Item # /Ir Commission Meeting April 1, 1997 Extension of Contract for CRA Consultant This resolution approves extending a contract with Don DeLaney, for professional service relating to the South Miami Community Redevelopment Agency. Mr. DeLaney has provided 50 hours of consulting services to the city under the existing contract. I am extremely pleased with the level of competence and expertise Mr. DeLaney possesses in regard to the creation of a Community Redevelopment Agency, Tax Increment Financing, creation and adoption of a Redevelopment Plan, and other activities related to the Community Redevelopment Agency. Each step in the creation of the CRA, and the subsequent activities that will establish a successful redevelopment of the target area, must be done in concert with Chapter 163, Part III, Florida Statutes. The city requires an individual who will oversee the process to insure compliance, and who possesses the composite knowledge and skills to walk this project through to completion. Mr. DeLaney has proven his ability to provide this kind of service to the City, and I highly recommend extending this contract. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT CONTRACT, AUTHORIZING THE CITY MANAGER TO EXTEND A CONTRACT WITH DON DELANEY, ON AN HOURLY BASIS, UNDER TERMS APPROVED BY RESOLUTION # 30 -97- 10001, FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY REDEVELOPMENT AGENCY (CRA), A REDEVELOPMENT PLAN, TAX INCREMENT FINANCING, AND ACTIVITIES RELATED TO THE CITY OF SOUTH MIAMI CRA. THE EXPENDITURE WILL BE PAID FROM ACCOUNT ff 01 -21 -00 -5510 "GENERAL CONTINGENCY." WHEREAS, the Mayor and City Commission have created a Community Redevelopment Agency in accordance with Chapter 163, Part III, Florida Statutes; and WHEREAS, the City Manager has determined that Mr. Delaney has provided excellent service under the present contract, and has determined that it is prudent to continue. utilizing the professional services of Don Delaney to perform necessary work related to redevelopment, tax increment financing and other related services as requested by the city; and WHEREAS, Don Delaney, a Consultant with office in Hobe Sound, Florida, possesses the requisite skills, knowledge, expertise and resources to perform the services required; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized to extend a contract with Don Delaney to provide consulting services on an hourly basis, under terms of a current contract, in the manner and extent as determined by the City Manager. Section 2. The terms and conditions of scope of services, compensation and method of payment, termination, and other required terms are contained in the agreement attached hereto. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1996. ATTEST: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY �.AJQQ�Tii+ /:iDIP 14L. AGREEMENT THIS AGREEMENT, entered into on February 18, 1997, between: the CITY OF SOUTH MIAMI, FLORIDA, herein after referred to as "City," and DON DELANEY, a redevelopment and tax increment financing consultant with office located at 8422 S.E. Royal Street, Hobe Sound, Florida 33455, hereinafter referred to as "CONSULTANT." WHEREAS, the City desires the professional services of the CONSULTANT to perform work necessary related to its redevelopment, tax increment financing and other related services as requested by City, and WHEREAS, the CITY desires to create and implement a redevelopment plan with supporting programs and a tax increment trust fund, and WHEREAS, the CITY desires the CONSULTANT to assist in assuring that the CITY complies with all the necessary requirements as set forth in Chapter 163, Part III, Florida Statutes as they relate to tax increment financing, redevelopment plans, and activities, and WHEREAS, the CONSULTANT possesses the requisite skills, knowledge, expertise and resources to perform these services. NOW THEREFORE, in consideration of the mutual terms-and conditions, promises, covenants and payments hereinafter set forth, the CITY and the CONSULTANT agree as follows: 1. SCOPE OF SERVICES The CONSULTANT shall perform the following tasks as directed by the City Manager: A. The CONSULTANT shall serve as the technical expert to review any and all proposals and strategies related to the CITY's efforts. B. The CONSULTANT shall serve in a technical capacity as required regarding the creation and adoption of the official Redevelopment Plan C. The CONSULTANT shall serve as a financial expert regarding all aspects of redevelopment activities as they relate to the establishment of the tax increment financing mechanism and-trust fund. D. The CONSULTANT shall conduct a survey to support the CITY's "Finding of Necessity" as part of the statutorily required redevelopment process. E. The CONSULTANT shall prepare any and all resolutions and ordinances necessary for the formal creation of the agency, legal adoption of the Redevelopment Plan, and creation of the tax increment financing mechanism for submission to the City's legal counsel. F. The CONSULTANT shall coordinate activities regarding the Interlocal Agreement between Dade County and the CITY as well as other relevant taxing districts. 142. G. The CONSULTANT shall conduct the statutorily required review to ensure that the CITY's proposed Redevelopment Plan is in compliance with the existing Comprehensive Plan. H. The CONSULTANT shall take necessary steps to amend either plan as directed and coordinate with the Florida Department of Community Affairs to ensure compliance. I. The CONSULTANT agrees to provide additional redevelopment and tax increment services in the manner and extent as determined by the City Manager. 2. TIME FOR PERFORMANCE The CONSULTANT agrees to perform all services in a timely and diligent manner upon execution of this Agreement. 3. COMPENSATION AND METHOD OF PAYMENT All payments will be made pursuant to monthly invoices submitted by the CONSULTANT and will be paid in a timely fashion after receipt and approval by the City Manager. A. Payment of $1,500.00 shall be paid by the CITY promptly upon execution of this Agreement. B. The remaining cost for services is one hundred dollars ($100.00) per hour, which covers the cost of all travel, lodging, and meal expenses, for the completion of the tasks to be performed as assigned by the City Manager. C. The cost for services which are performed under this contract shall not exceed five thousand dollars ($5,000.00) unless amended to reflect an increase in the total contract amount. 4. OWNERSHIP OF DOCUMENTS Reports, services and other data obtained or prepared in connection with the Agreement are and shall remain the property of the CITY. The CONSULTANT shall have the rights to any and all publication efforts resulting from reports, surveys and other data obtained or prepared in connection with the Agreement. 5. TERMINATION This agreement may be terminated by the CITY or CONSULTANT for cause or by the CITY for convenience upon thirty (30) days written notice by the terminating party to the other party of such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date. In the event that the CONSULTANT abandons this AGREEMENT of causes it to be terminated, any application, maps, work products and reports prepared by CONSULTANT pursuant to this Agreement shall become the property of the CITY and shall be delivered by the CONSULTANT to the CITY. 6. NON - DISCRIMINATION liz The CONSULTANT agrees that it will not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex or national origin, and to abide by all Federal and State laws regarding non - discrimination. 7. COMPLETENESS AND ACCURACY OF WORK The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared and compiled under its obligation pursuant to this Agreement and shall correct at its expense all significant errors or omissions therein which may be disclosed. 8. PROJECT MANAGER The CONSULTANT's project manager under this Agreement is Don Delaney. The CITY's Project Manager under this Agreement is the City Manager. IN WITNESS WHEREOF, the parties have executed this Agreement as of this date first above written. Don Delaney/, Consultant DATE: Z / 2(, / -2 WITNESS: FOR THE CONSULTANT: St ,L, •(id- 11,- ' ^ t{) DATE: ,5t kc I G ) FOR CITYrL tA%'%s 6 DATE: ZIN" -:Z LI " WITNESS: FOR CITY iz RESOLUTION NO. 30-97-10001 ���\ A RESOLUTION OF THE :1T_?YOR A.TD CITY COMMI_SSIO:I C: -HE CITY OF SOUTH _MIAMI, FLORIDA, RELATING 0 CONSULTANT ` -,ONTRAC.L, AUTHORIZING THE CITY i:ANAGER TO EXECUTE A CONTRACT :^JITH DON DELANEY IN AN AMOUNT NOT TO EXCEED $5,000, FOR PROFESSIONAL SERVICES RELATED TO COMMUNIT`_' REDEVELOPMENT AGENCY ',CRA), A REDEVELOPMENT _LAN, =3X INCREMENT FINANCING, ?.ND CTIvITIrS RELATED TO THE CITY OF SOUTH MIAMI CRA. THE EXPENDITURE WILL BE PAID FROM ACCOUNT a 01-21 -00 -5510 "GENERAL.CONTINGENCY." ;4HEREAS, the :savor and City Ccmmissicn have created a Comm unity Redevelopment = _genc,_. in accordance art =22, Florida Statutes; and WHEREAS, -he .ayor and _ -tv Nish secure the rcfessi-:�nai services of a zcnsul ant =_ per `=-, .:orr necessar•: =elatea -::d redeveiccmen.:, __=x :ncre•-en,: __nanc4. _ and c,::ner ser.'_:es as ,lHER7A'7, Ion Ielane�,, = Ccasui =ant .. _th : `-F _n :-",:)be Zound, for -da, :ossesses =he =aquisite ;ills, .• :nowieda_e, = pert_se and resour=,as perf__... these ser-._=2s, :10W _ .EREFORE =7 nSOL'r2. S_ _ E THE C:TY OF SOUTH i:I ?.MI, -= ORIE.Z: Secti-n ? That -::e :-:anacer _s authcr=.tea execute : contract ith L.cn Celanev =.,_ an amours of exceed 000 tc provide :onsui:= services _n the ...annex .= .;Lent as Teter =.._ ^. =he Cit.,- ianacer . �c:npersat__.. _.^.a mez-c= :_ ,avme ^z = er:== ...t_ =. ^a 7ner _-�quirea - __....: :_: •-..t�._.._� _.. _::= .,...- _:^.er.= _.= tic..__. ..�_ =t� . SASS =_ Febr'_'ar,/ 7. TT` -T S / , 'LICE !•?AYOR COMMIEE:ON VOTE: 4 -0 '!ice %1 --yor .°.obai na : Yea Commi=ssioner ?rice: Yea Commis_ ::ner 2ethel . '(ea Commiss;oner Youna: Yea 14? ........... CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and Commission Fro City Manager Date: April 1, 1997 Agenda Item Subject: Commission Meeting April 1, 1997 Committee on Status of Women This Ordinance creates a Committee on the Status of Women in South Miami. This committee will serve in an advisory capacity, making investigations, studies, reports and recommendations to the city commission, the city manager, and the community in respect to all matters pertaining to the status of all women in South Miami. This Ordinance is sponsored by Vice Mayor Julio Robaina. - .0 L/ • v AU-01 +LG•UWLdI +L111.1LL V1VJ\.lU\1J1 V11111 \- ODU QUO UJto.m J1 0 1 ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE STATUS OF 4 WOMEN; ESTABL)SM NG THE CITY OF SOUTH MIAMI COMMISSION 5 ON THE STATUS OF WOMEN; PROVIDING FOR SEVER.ABTLITY, 6 ORDI ANCFS IN CONFLICT AND AN EFFECTIVE DATE. 7 WHEREAS, the status of women in this community warrants attention and 8 improvement; and, 9 WHEREAS, the Mayor and City Commission desire to create a comrnittce on the 10 status of women. 11 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1.3 Section 1, Section 2 -26.1 of the Code of Ordinances of the City of South Miami, 14 entitled "Boxing commission; membership; duties," is hereby repealed in its entirety and 1s substituted with the following: 16 Section 2 -26.1. Committee on the Status of Women. 17 (a) Created; composition. There is hereby created a City of South Miami Committee 18 on the Status of Women. The committee shall consist of 10 members. 19 (b) Appointment and terms of members. Members of the committee shall be 20 appointed by the mayor as provided in the City Charter. Members of the committee 21 shall be permanent residents or employed in businesses in the city for two or more 22 years. Fach member shall have demonstrated a commitment to improve the condition 23 ofwomen through community and other service. The membership should reflect the 24 racial and ethnic diversity of the residents of the City of South Miami. 25 (c) Terms of office. In order that the terms of office of all members of the 26 committee shall not expire at the same time, the initial appointments to the committee 27 ' shall be as follows: 5 members of the committee shall be appointed for a term of two 28 years from date of its first meeting and 5 members shall be appointed to the 1"— _. -"- - -- _UL I I Lit 1 2 u'IJ-J( 114•JI1dl 'I_&I U.UJUJO- 1L\IJIVI1lu%.7 JUJ UUJ W-lopw '!1 U committee for a tarn of three years. Appointed members shall thereafter serve .for a period of 2 years or until their successor is appointed, whichever occurs later. 3 (d) Chairperson and vice - chairperson. The chairperson and vice- chairperson shall 4 be elected by the members of the committee for a term of one year. Appointments to 5 fill any vacancy on the committee shall be for the remainder of the unexpired terms. 6 When any member of the committee fails to attend three (3) consecutive meetings 7 without an excused absence, he or she shall be removed by the city commission. An 8 "excused absence" shall be defined as an absence resulting due to a personal or family 9 illness, death in the family, being out of town because of business, professional, or 10 other commitments subject to the approval of the chairperson. 11 12 .(e) Organization of the committee. Members of the committee on the status of 13 women shall elect such officers, in addition to the chairperson and a vice - chairperson, 14 as may be deemed necessary. Six members shall constitute a quorum necessary to 15 hold a meeting and take any action. Members shall serve without compensation, but 16 shall be reimbursed for necessary expenses incurred in the performance of their 17 official duties, as approved by the city commission. A budget shall be established by 18 the city manager, as soon as possible, for purpose of funding expenses. Regular and 19 special meetings of the committee shall be scheduled," and notice of such meetings 20 shall be given, as provided in the City of South Miami Code of Ordinances for 21 meetings ofthe city commission; provided, however, that scheduling special meetings 22 shall require the written request of 6 committee members. Minutes shall be kept by 23 city staff of all meetings. 24 (f) Duties and Powers of the Committee on the Status of Women. The powers and 25 duties of the committee shall include, but not be limited to, the following duties, 26 functions, powers and responsibilities: 27 (1) To serve in an advisory capacity by making investigations, studies, 28 reports and recommendations to the city commission, the city manager 29 and her or his administration, and the community, in respect to all 30 matters pertaining to the status of all women in South Miami, 31 including, but not limited to, the fair and equal treatment of women; :32 those policies and practices which discriminate against women whether 33 practiced by public or private persons, individuals or corporations; and, 34 the public and private employment of women, the' working and living 3s conditions of women, the delivery of public and private services to 2 /3 vv IA u. V 1%j -00 PL:.•V It 01 L LI.I LL VI%"I O, L J L VL L LLL\- JUJ UUJ UJ•lJ,r* J/ U women, and the education and training of women and public 2 accommodations for women; 3 (2) To make continuing studies with recommendations and reports of all 4 city agencies, facilities, boards, services and programs dealing with or 5 affecting women, including equal funding of such facilities, services 6 and programs; 7 (3) To study, recommend and report any needed improvements and e changes to city codes, boards, ordinances, resolutions, and written and 9 unwritten policies and practices of the city; to (4) To appear before any governmental or non - governmental agency to 1.1 present findings and recommendations on behalf of the commission of 12 the status of women, as well as on behalf of the city with the approval 13 of the city commission; 14 (5) To solicit contributions, services and financial support from other 15 governmental authorities, private businesses, groups, institutions and 16 trust funds; 17 (6) To serve as a liaison or informal mediator among the city commission, 18 the city administration, the city employees and the users of city services 19 and facilities. The commission on the status of women may consult 20 with representatives of these groups from time to time as necessary to 21 carry out the commission on the status of women's duties and 22 functions; and, 23 () To perform other duties, functions and services as may be assigned to 24 it by the city commission. 25 Scc •on 2. If any section, clause, sentence, or phrase of this ordinance is for any 2 6 reason held invalid or unconstitutional by a court of competerut jurisdiction, the holding shall 27 not affect the validity of the remaining portions of this ordinance. 28 Secton 3. All ordinances or parts of ordinanccs in conflict with the provisions of 29 this ordinance arc hereby repealed. 3 0 S-oction 4• This ordinance shall take effect immediately at the time of its passage. 3 w Jul ui 0-10 -01 +1L•00I -lt +LIILNrUlUJ nKl3lVi?1L1 JUD UUJ 0040;9 b/ b 1 PASSED AND ADOPTED this _ day of 1996. 2 ATTEST: APPROVED; 3 4 CITY CLERK MAYOR 5 READ AND APPROVED AS TO FORM: s CITY ATTORNEY 8 Cr:1CI.tExTSU SMURLS- OKnurat•WOmN.oxn !. ON s 0 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, April 1, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to .. - consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO G THE CITY OF MIAMI DAILY BUSINESS REVIEW SOUTH MIASMA Fc MMES NTAONSHTHE STATUS OF Published Daily except Saturday, Sunday and WOMEN; PROVIDING FOR,SEVERABILITY; ORDINANCES. , Legal Holidays IN CONFUCT AND�AN EFFECTIVE DATE (tct'Reat ' Miami, Dade County, Florida. March 18, 1997) STATE OF FLORIDA AN ORDINANCE OF THE MAYOR AND CITY COMMISSION COUNTY OF DADE: OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO Before the undersigned authority personally appeared AN AMENDMENT OF SECTION 20 -3.5G OF THE LAND Octelma V. Ferbayre, who on oath says that she Is the DEVELOPMENT CODE. TO • INCREASE THE MAXIMUM Supervisor, Legal Notices of the Miami Dally Business FLOOR AREA RATION [FAR] FOR THE'RO' RESIDENTIAL, .., Review f /k/a Miami Review, a daily (except Saturday, Sunday OFFICE ZONING DISTRICT FROM THE CURRENT 0.25 TO and Legal Holidays) newspaper, published at Miami in Dade 0.30, IN ORDER TO. COORDINATE THE MAXIMUM County, Florida; that the attached copy of advertisement, BUILDING COVERAGE REGULATION OF 0.30; PROVIDING being a Legal Advertisement of Notice In the matter of FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN ' CITY OF SOUTH MIAMI CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. NOTICE OF PUBLIC HEARING (1st Reading - February 18,1997)„ „ AN ORDINANCE RELATING TO THE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION STATUS OF WOMEN, ETC. OF THE CITY OF SOUTH MIAMI,, FLORIDA, AMENDING 4/1/97 THE LAND DEVELOPMENT CODE, BY CREATING A NEW SUB - SECTION 20-8, IN ORDER TO CREATE A TRANSIT- ORIENTED DEVELOPMENT DISTRICT (TODD]; PROVID- in the ........................ Court, ING FOR NEW AND REVISED PERMITTED USES; was published In PROVIDING FOR BUILDING HEIGHTS UP TO EIGHT i said newspaper In the Issues of STORIES IN THE TRANSIT - ORIENTED DEVELOPMENT Mar 21, 1997 DISTRICT (TODD); PROVIDING FOR A LEGAL DESCRIP- TION; AMENDING THE OFFICIAL ZONING MAP; PROVID- ING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading - February 4, 1997) Afflant further says that the sold Miami Dally Business Review Is a newspaper published at Miami In said Dade AN ORDINANCE OF THE MAYOR AND CITY COMMISSION County, Florida, and that the said newspaper has heretofore OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO been continuously published In said Dade County, Florida, CREATION OF SECTION 20- 3.3(E) AND AMENDMENT OF each day (except Saturday, Sunday and Legal Holidays) and SECTION 20 -7.29 (A) (B) © OF THE LAND DEVELOPMENT, has been entered as second class mall matter at the post IN ORDER TO PERMIT OUTDOOR CAFES ON PUBLIC office in Miami in said Dade County, Florida, for a period of AND PRIVATE PROPERTY FOR ALL BUSINESS DIS- one year next preceding the first publication of the attached TRICTS IN THE CITY WITH THE EXCEPTION OF THE'RO' copy of. advertisement; and afflent further says that she has RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING Walther paid nor promised any perso r corporation FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN any disco , rebate, commissio nd f the purpose CONFLICT; AND PROVIDING AN EFFECTIVE DATE.(1st of secu g s advertleem r ublicatl n In the said news per . Reading -February 18, 1997) i Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the Planning Sw m to and subscribed before me this Department at: 663 -6347. 21 March 97 y ot...... .D.19...... ALL Interested parties are invited to attend and will be heard. � Rosetta Taylor, CMC ...... City Clerk . c;r ICIAL t :OTa SEAL ��� ��? JAt.ETT 1.1_ERENa City of South Miami (SEAL) O !� :! L° C� cc�ttinss cti tiu►�nen Pursuant to Florida Statutes 286.0105, the City hereby advises the Octelma V. Ferbeyr $arrbicnn to "L°'C 5 S G 0 0 4 public that if a person decides to appeal any decision made by this I "r 'n� ;:'" O _ , ..S Board, Agency or Commission with respect to any matter considered I[ F MY CCh11,i1 ,yl�N EXP Rr.. OF F`_U JUNE 23,2000 at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 3121 97 -3 -03M 26M 3 v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor ity Commission Date: March 21, 1997 Agenda Item # 14 From: L. Dennis Whitt Re: Comm. Mtg. 04/01/97 City Manager Floor Area Ratio Revision REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TIE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.5 G OF THE LAND DEVELOPMENT CODE TO INCREASE THE PERMITTED FLOOR AREA RATIO [FAR] FOR THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT FROM THE CURRENT 0.25 TO 0.30, IN ORDER TO COORDINATE WITH THE MAXWUM BUILDING COVERAGE REGULATION OF 0.30; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: Pursuant to the instructions given by the City Commission at their last, regularly scheduled meeting on February 4, 1997, the following draft ordinance is presented for first reading. The proposed ordinance is designed to amend the Maximum Floor Area Ratio [FAR] to coordinate with the Maximum Building Coverage for the "RO" Residential Office zoning district. On March 11, 1997, the Planning Board voted 5 :0 to recommend approval of the ordinance. RECOMMENDATION: Approval, Attachments: Proposed Ordinance for Adoption Marked Photocopy of Page 49 of the L.D.C. Excerpted Planning Board Minutes from March 11, 1997 City Manager's Report: FAR Revision Ordinance 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT 7 OF SECTION 20 -3.5 G OF THE LAND DEVELOPMENT CODE TO 8 INCREASE THE MAXIMUM FLOOR AREA RATIO [FAR] FOR THE 9 "RO" RESIDENTIAL OFFICE ZONING DISTRICT FROM THE 10 CURRENT 0.25 TO 0.30, IN ORDER TO COORDINATE WITH THE 11 MAXIMUM BUILDING COVERAGE REGULATION OF 0.30; PROVIDING 12 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 13 AND, PROVIDING FOR AN EFFECTIVE DATE. 14 15 16 WHEREAS, on October 25, 1989, the City Commission of the 17 City of South Miami adopted the Land Development Code which 18 establishes the "RO" Residential Office district and includes 19 dimensional and other standards for permitted development; and, 20 21 WHEREAS, the City Commission may, from time to time, amend 22 the City's adopted Land Development Code by ordinance; and, 23 24 WHEREAS, the existing Land Development Code regulations 25 regarding the "RO" Residential Office zoning district, contain 26 provisions, under Section 20 -3.5 G which regulate the Maximum 27 Floor Area Ratio [FAR] and the Maximum Building Coverage; and, 28 29 WHEREAS, the Maximum Floor Area Ratio [FAR] restricts the 30 potential development in the district to twenty -five (25) percent 31 of the net lot area and the Maximum Building Coverage restricts 32 the potential development in the district to thirty (30) percent 33 of the net lot area; and, 34 35 WHEREAS, on February 4, 1997, the City Commission directed 36 City Attorney to prepare legislation to address this inequity so 37 that the Maximum Floor Area Ratio [FAR] and the Maximum Building 38 Coverage would be uniformly set at thirty (30) percent; and, 39 40 WHEREAS, the Mayor and City Commission find that it is in 41 the public interest to make the City's regulations uniform. 42 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 45 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: FAR Revision Ordinance: 2nd Reading April 1, 1997 ( A 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 Section 1. Section 20 -3.5 G of the Land Development Code is amended by inserting the number 110.30" to replace the number "0.25" located in the row identified as "Max. Floor Area Ratio" - and the column identified as "RO" [found on page 49 of the LDC]. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1e` day of April, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR FAR Revision Ordinance: 2nd Reading April 1, 1997 c:\ .- \ ldc \ FAR- for- RO.doc (4 REQUIREMENT Min. Lot Size Net Area (sq. ft.) Frontage (ft) ZONING REGULATIONS Section 20 -3.5G DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS RO LO MO NR 20 -3.5 SR GR I 7,500 7,500 10,000 7,500 5,000 10,000 5,000 75 75 100 75 50° 100 50 Min. Setbacks (ft.) Front 25 20 15b 25 lob 20 20 Rear 20 15 10 15 10 15 e Side (Interior) 10 10 10 — — — Side (Street) 20 15 10 15 lob 15 15 Adj. Res. Dist. 25 25 25 25 25 25 25 Side (w /driveway) 20 20 20 20 20 20 20 Between Buildings 20 20 20 — — — — Max. Building Height Stories 2 2 4 2 4 2 2 Feet 25 30 50 25 50 30 30 Max. building Coverage ( %) 30 — — — — — — ax. impervious vera a ( %) 75 80 85 75 90 85 85 Max. Floor ea Ratio (FAR) .25 .70 1.60 .25 1.60 .80 .80 a 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall. b Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than 24 inches in diameter; columns on the property line shall not be closer to each other than 10 feet. The frontage requirement does not apply to uses in the SR District. (Ord. No. 2 -90 -1445, 1 -2 -90; Ord. No. 2 -92- 1497,1 -7 -92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord. No. 23 -94- 1573, § 1, 12- 20 -94) Supp. No. 1 49 1 q EXCERPTED SUMMARY MINUTES Planning Board Regular Meeting Tuesday, March 11, 1997 City Commissioners' Chambers 7:30 P.M. III. Public Hearings C. ITEM: PB -97 -010 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.5 G OF THE LAND DEVELOPMENT CODE TO INCREASE THE MAXIMUM FLOOR AREA RATIO [FAR] FOR THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT FROM THE CURRENT 0.25 TO 0.30, IN ORDER TO COORDINATE WITH THE MAXIMUM BUILDING COVERAGE REGULATION OF 0.30; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Basu read the request into the record. 2. Staff presented the application to the Board a. Staff explained that FAR and building coverages requirements regulate the same criteria in the Residential Office district. b. Mr. Basu asked if it was housekeeping. c. Bill Mackey answered affirmatively. 3. Public hearing was opened. a. Mr. Zeke Guilford, representing Austin Animal Clinic, signed in to answer any Board inquiries. 4. Public hearing was closed. 5. Motion: Mr. Lefley moved to recommend the application for approval as requested. Ms. Zeller seconded the motion. 6. Vote: Approved: 5 PB Min 3 -11 -97 Opposed: 0 1 ' - -- Ai=k _ 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, April 1, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive to consider the following described ordinance(s): ; ' •' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI DAILY BUSINESS REVIEW SSOUTHAMIAMII FCWOMEN; ON ONS "THE STATUS OF Published Daily except Saturday, Sunday and WOMEN; PROVIDING FOR SEVERABILITY; ORDINANCESw Legal Holidays IN CONFLICT AND: /IN E'FEC�%4E DPkTE: (tstie Miami, Dade County, Florida. March 18, 1997) STATE OF FLORIDA v. a AN ORDINANCE OF THE MAYOR AND CITY COMMISSION COUNTY OF DADS: OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO Before the undersigned authority personally appeared AN AMENDMENT OF SECTION 20 -3.5G OF THE LAND Octelma V. Ferbayre, who on oath says that she is the' DEVELOPMENT CODE. TO INCREASE THE MAXIMUM Supervisor, Legal Notices of the Miami Daily Business FLOOR AREA RATION [FAR] FOR THE'RO' RESIDENTIAL...... Review Uk/a Miami Review, a daily (except Saturday, Sunday OFFICE ZONING DISTRICT FROM THE CURRENT 025 TO O and Legal Holidays) newspaper, published at Miami In Dade .0.30, IN ORDER TO. COORDINATE THE . MAXIMUM County, Florida; that the attached copy of advertisement, BUILDING COVERAGE REGULATION OF 0.30; PROVIDING being a Legal Advertisement of Notice In the matter of FOR- SEVERABILITY; PROVIDING' FOR ORDINANCES IN CITY OF SOUTH MIAMI CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. NOTICE OF PUBLIC HEARING (1st Reading - February 18,1997)' • - - AN ORDINANCE RELATING TO THE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION STATUS OF WOMEN, ETC. OF THE CITY OF SOUTH MIAMI,.FLORIDA, AMENDING 4/1/97 THE LAND DEVELOPMENT CODE, BY CREATING A NEW SUB - SECTION 20-8, IN ORDER TO CREATE A TRANSIT- ORIENTED DEVELOPMENT DISTRICT [TODD]; PROVID- In the ........................ K.)XX.K.X ..................... ................ Court, ING FOR NEW AND REVISED PERMITTED USES; was published In said newspaper In the Issues of PROVIDING FOR BUILDING HEIGHTS UP TO. EIGHT- STORIES IN THE TRANSIT-ORIENTED DEVELOPMENT' Mar 21, 1997 DISTRICT (TODD); PROVIDING FOR A LEGAL DESCRIP- TION; AMENDING THE OFFICIAL ZONING MAP; PROVID- ING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. (1st Reading - February 4,1997) Aff lent further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade AN ORDINANCE-OF THE MAYOR AND CITY COMMISSION County, Florida, and that the said newspaper has heretofore OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO been continuously published In sold Dade County, Florida, CREATION OF SECTION 20- 3.3(E) AND AMENDMENT OF each day (except Saturday, Sunday and Legal Holidays) and SECTION 20 -7.29 (A) (B) © OF THE LAND DEVELOPMENT, has been entered as second class mail matter at the post IN ORDER TO PERMIT OUTDOOR CARS ON PUBLIC office In Miami In sold Dade County, Florida, for a period of AND PRIVATE PROPERTY FOR ALL BUSINESS DIS- one year next preceding the first publication of the attached TRICTS IN THE CITY WITH THE EXCEPTION OF THE'RO' copy of advertisement; and afflent further says that she has RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING neither paid nor promised any perso r corporation any disco , rebate, commissio nd f the purpose FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN of secu g s advertlssm r ublicatl n In the said CONFLICT; AND PROVIDING AN EFFECTIVE DATE.(1st news per ..Reading - February 18,1997) Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the Planning S rn to and subscribed before me this Department at: 663 -6347. 21 March 97 ....... 'y oG..... ,D.19...... ALL interested parties are invited to attend and will be heard. ." Ronetta Taylor, CMC .... ...... City Clerk Ur ICI L hJTA , !,L (SEAL) 0 JANETT LLERENA City of South Miami ccltNnSSCII IIUMBEn Pursuant to Florida Statutes 286.0105, the City hereby advises the Octelma V. Ferbsyr $arj b" cn�Nn to n4s.0 5 v G C 0 4 public that if a person decides to appeal any decision made by this O Board, Agency or Commission with respect to an matter considered COMMIION EXPIRES OF'f'_C� FiyJUNESS23,2000 at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 3121 97- 3.032126M Q CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: May d City Commission Date: March 20, 1997 Agenda Item # Ir From: L. Dennis Whitt Re: Comm. Mtg. 04/01/97 City Manager Revised TODD Ordinance REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, BY CREATING A NEW SUB - SECTION 20 -8, IN ORDER TO CREATE A TRANSIT- ORIENTED DEVELOPMENT DISTRICT [TODD]; PROVIDING FOR NEW AND REVISED PERMITTED USES; PROVIDING FOR BUILDING HEIGHTS UP TO EIGHT- STORIES IN THE TRANSIT- ORIENTED DEVELOPMENT DISTRICT [TODD]; PROVIDING FOR A LEGAL DESCRIPTION; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: Pursuant to instructions by the City Commission via Resolution No. 166 -96 -9920 (instructions to initiate a Request for Qualifications) and Resolution No. 206 -96 -9960 (instructions to enter into a contractual agreement with The Winston Group), the City Administration has contracted The Winston Group to prepare revised TODD regulations. Jack A. Winston, AICP conducted a direct -mail survey involving all property owners in the district, met with property owners who expressed an interest in meeting, performed national research efforts, and prepared analyses of individual properties, in order to prepare a draft ordinance for review by the City Commission. On January 14, 1997, the Planning Board and the Environmental Review & Preservation Board [ERPB] held a joint workshop to review Mr. Winston's draft ordinance, to receive public input and to offer the input of Board members, pursuant to Section 2 of Resolution No. 206 -96 -9960. Minutes of the Joint Workshop by the Planning Board and ERPB are attached for your review. On February 4, 1997, the City Commission voted 4:0 to initiate the public hearing process for the proposed Transit - Oriented Development District [TODD] ordinance. On March 11, 1997, the Planning Board voted 5:0 to recommend the proposed ordinance for approval with the following changes: a. Amend the residential parking requirement to a minimum of 1 car /unit. b. The developer can only build as many units as can be provided with parking. c. Residential use is permitted on the ground floor. d. Change the first sentence of Section 20- 8.7(A) to read: "All Retail and Wholesale trade use as indicated in Sec.20 -3.3 except the following uses." City Manager's Report: Revised TODD Ordinance (2nd Reading) I e. Section 20- 8.8(D)(6) should include language which allows for up to six levels of parking; the last sentence should not mandate that the street facades of the garage look like commercial office buildings; and, the third sentence should read "The ground floor on the sides facing any street may contain any uses indicated on the permitted ground floor uses in Sec. 20 -8.5." f. Sites in excess of 40,000 square feet have to be reviewed by the Board. g. The sentence stated in Sec. 20- 8.9(F) shall be placed under (D), and (F) shall be deleted. h. The following changes were made to the bonus sheet: 1. The "Action," "More than two uses," and its corresponding "Bonus" were deleted. 2. The "Bonus" for the "Action," "More than three uses," was reduced to a 20% parking reduction. 3. The "Action," "Over the...," and its corresponding "Bonus" were deleted. 4. The "Bonus" for the "Action," "For every 1 floor of residential use," was changed to state "l additional floor of residential use with minimum parking requirements." 5. The "Bonus" for the "Action," "Public plaza...," was changed to "1 additional floor." 6. The "Bonus" for the "Action," "Develop full frontage with street design...," was changed to "1 additional floor." 7. All "Actions" and "Bonuses" concerning the development of a street length of pedestrian walkway were deleted. 8. The "Bonus" for the "Action," "Develop cross- thru...," was changed to "1 additional floor." i. Public plazas and "cross - thru's" are to have maintenance covenants. j. Parking is an additional use and is permitted to four levels. Sunimarization: The Planning Board recommendations indicate the desire to provide floor area incentives instead of parking requirement reductions and to eliminate requirements, such as the pedestrian ivalktvay system, so that projects may be developed without such additional expenses. RECOMMENDATION: Approval. Attachments: Transit - Oriented Development District [TODD] Ordinance Proposed Language prepared by The Winston Group (Exhibit 1) Proposed Pedestrian Corridor Design Guidelines Sample Document Minutes of the Joint Workshop by the Planning Board and ERPB Minutes of the March 11, 1997 Planning Board Meeting IT City Manager's Report: Revised TODD Ordinance (2nd Reading) 2 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND 7 DEVELOPMENT CODE, BY CREATING A NEW SUB- SECTION 20 -8, 8 IN ORDER TO CREATE A TRANSIT - ORIENTED DEVELOPMENT 9 DISTRICT [TODD]; PROVIDING FOR NEW AND REVISED 10 PERMITTED USES; PROVIDING FOR BUILDING HEIGHTS UP TO 11 EIGHT - STORIES IN THE TRANSIT- ORIENTED DEVELOPMENT 12 DISTRICT [TODD] ; PROVIDING FOR A LEGAL DESCRIPTION; 13 AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR 14 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 15 AND, PROVIDING FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, in accordance with Chapter 163, Part II, Florida 19 Statutes, and Chapter 9J -5 of the Florida Administrative Code, 20 the City of South Miami is required to prepare and submit an 21 Evaluation and Appraisal Report [EAR] for review by the 22 Department of Community Affairs, in order to assess and evaluate 23 the success and effectiveness of the City of South Miami's 24 Comprehensive Plan; and, 25 26 WHEREAS, on August 29, 1995, after Public Hearing regarding 27 the proposed EAR, the Planning Board, acting in its capacity as 28 the Local Planning Agency, voted 5:0 to transmit the EAR; and, 29 30 WHEREAS, the 1995 EAR contains recommendations for proposed 31 amendments to the South Miami Comprehensive Plan, including an 32 amendment to establish a Transit - Oriented Development District in 33 the City of South Miami; and, 34 35 WHEREAS, on August 29, 1995, after Public Hearing regarding 36 the amendment to create a Transit - Oriented Development District, 37 the Planning Board voted 4:1 to recommend approval; and, 38 39 WHEREAS, on April 16, 1996, the City Commission adopted 40 Ordinance No. 5 -96 -1605, in order to create a new future land use 41 designation, entitled "Transit- Oriented Development District," 42 which would permit multi - level, mixed -use development in the area 43 surrounding the South Miami Metro -Rail transit station; and, 44 45 Revised TODD Ordinance: Second Reading April 1, 1997 81040- I WHEREAS, the district is legally described as follows: 2 3 The proposed northeastern sub - section is approximately 23.77 4 acres. The subject properties of the northeastern sub - section 5 are legally described as follows: 6 7 All of Blocks 9, 10, 11 and 16, of "Townsite of Larkins" Subdivision, 8 according to the plat thereof, as recorded in Plat Book 2 at Page 105, of the 9 Public Records of Dade County, Florida; and, all of "Revised Plat of Fernwood" 10 Subdivision, less the south 475.65 feet of the west 100 feet of Tract 1, 11 according to the plat thereof, as recorded in Plat Book 35 at Page 72, of the 12 Public Records of Dade County, Florida. 13 14 The proposed southwestern sub- section is approximately 19.68 15 acres. The subject properties of the southwestern sub - section 16 are legally described as follows: 17 18 Lots 1, 2 and 3 of "Commercial Larkins" Subdivision, according to' the plat 19 thereof, as recorded in Plat Book 26 at Page 29, of the Public Records of Dade 20 County, Florida; and, Tract 2 of "Amended Plat of Commercial Larkins," and two 21 alleys lying adjacent to said Tract 2, according to the plat thereof, as 22 recorded in Plat Book 38 at Page 5, of the Public Records of Dade County, 23 Florida; and, Block 1 of "Rosswood" Subdivision, according to the plat 24 thereof, as recorded in Plat Book 13 at Page 62, of the Public Records of Dade 25 County, Florida; and, the remaining portion of unsubdivided land in the 26 southeast quarter of the southwest quarter of the southeast quarter of Section 27 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida; 28 and, all of Block 1, and Lots 1, 2, 3, 4 and 5, Block 2, of "Rosswood" 29 Subdivision, according to the plat thereof, as recorded in Plat Book 13 at 30 Page 62, of the Public Records of Dade County, Florida; and, all of Block 1, 31 and Lots 8, 9, 10, 11, 12, 13, 14 and 15, Block 2, of "Larkin Center" 32 Subdivision, according to the plat thereof, as recorded in Plat Book 27 at 33 Page 67, of the Public Records of Dade County, Florida; and, the remaining 34 portion of unsubdivided land in the southwest quarter of the southwest quarter 35 of the southeast quarter of Section 25, Township 54 South, Range 40 East, 36 lying and being in Dade County, Florida; and, the east half of the southeast 37 quarter of the southeast quarter of the southwest quarter, less the west 182 38 feet of the north 90 feet, of Section 25, Township 54 South, Range 40 East; 39 and, Lots 1, 2, 3, 4, 5, 30, 31, 32, 33, 34, 35, 36, 37, 38 and Tract 1 of 40 "Wm. A. H. Hobbs" Subdivision, according to the plat thereof, as recorded in 41 Plat Book 4 at Page 111, of the Public Records of Dade County, Florida; and, 42 Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and the north 43 half of Lots 6 and 22, of "Poinciana Park" Subdivision, according to the plat 44 thereof, as recorded in Plat Book 41 at Page 41, of the Public Records of Dade 45 County, Florida; and, all of the "Reilly, Stoms and Paxton" Subdivision, 46 according to the plat thereof, as recorded in Plat Book 27 at Page 56, of the 47 Public Records of Dade County, Florida; and, the remaining portion of 48 unsubdivided land in the northwest quarter of the northwest quarter of the 49 northeast quarter of Section 36, Township 54 South, Range 40 East, lying and 50 being in Dade County, Florida. 51 Revised TODD Ordinance: Second Reading April 1, 1997 2 / 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 WHEREAS, The Winston Group has prepared draft legislation to begin the public participation process regarding TODD; and, WHEREAS, the Mayor and the City Commission find that it is in the public interest to adopt legislation in compliance with the City's adopted Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Land Development Code is hereby amended by the creation of a new Section 20 -8, which is to be entitled the "Transit- Oriented Development District ", and the adopted language for said new Section 20 -8 is attached hereto as "Exhibit 1 ". Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1st day of April, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Revised TODD Ordinance: Second Reading April 1, 1997 c:\ ... \ TODD \ TODD- Winston- crd.doc lir EXHIBIT 1: Proposed Zoning Ordinance for the Establishment of a TRANSIT ORIENTED DEVELOPMENT DISTRICT T.O.D.D. for The City of South Miami Prepared by: The Winston Group !S TRANSIT ORIENTED DEVELOPMENT DISTRICT SCHEDULE OF ORDINANCE SEC. 20 -8.1 PURPOSE SEC. 20 -8.2 DEFINITIONS SEC. 20 -8.3 PERMITTED USES SEC. 20 -8.4 RESIDENTIAL USE SEC. 20 -8.5 COMMERCIAL USE SEC. 20 -8.6 SPECIAL PROVISIONS SEC. 20 -8.7 LIGHT INDUSTRIAL USE SEC. 20 -8.8 PARKING SEC. 20 -8.9 SPECIAL EXCEPTIONS SEC. 20 -8.10 BONUS ALLOCATION SEC. 20 -8.11 REGULATING PLAN - INTENT SEC. 20 -8.12 ARCHITECTURAL STANDARDS - INTENT SEC. 20 -8.13 ARCHITECTURAL STANDARDS - GENERAL REQUIREMENT SEC. 20 -8.14 STREET STANDARDS SEC. 20 -8.15 PUBLIC SPACES SEC. 20 -8.16 DEDICATION OF STREETS AND ALLEYS SEC. 20 -8.17 REGULATING PLAN - GRAPHIC i 1!!50op 1 SEC. 20-8.1 PURPOSE 2 3 The purpose and intent of this regulation is to maximize the presence of a dedicated 4 mass transit center located within walking distance of the boundaries of the 5 proposed district. The maximum utilization of that facility will be achieved through 6 the creation of a district that surrounds this major mass transit facility and is 7 designed to encourage a mix of high density uses, specifically residential, retail and 8 office uses. It also will provide for the continuation of existing light industrial uses 9 but encourage redevelopment throughout the Transit - Oriented Development District 10 (T.O.D.D.) through flexible and performance oriented zoning and other regulations. 11 12 The regulation is intended to promote efficiency of land use, decrease vehicular 13 traffic, provide convenience, establish a harmonious mix of uses all within a 14 pedestrian friendly environment. The Transit Oriented Development District 15 (T.O.D.D.) is designed to encourage a strong base of residential development, 16 coupled with the complementary provisions for retail services and local employment 17 opportunities all within acceptable walking distances. To accomplish this goal the 18 code ties together intense new development with a high quality pedestrian 19 environment. This is accomplished through a series of bonuses that ties residential 20 development, higher densities, and lessened dependence on vehicular traffic together 21 with the proposed development of a pre - planned pedestrian walkway system. 22 23 The pedestrian walkway system will be designed to provide for pedestrian 24 connections through the area. The walkway system when completed, will offer a 25 variety of pedestrian experiences and amenities. The physical .appearance of this 26 system will be based on specifications and design guidelines which will be part of 27 this ordinance. Mixing offices with retail services and shopping and having housing 28 interspersed into commercial areas will fill a niche in the housing market while 29 helping to keep this area more lively and secure by placing a variety of 30 complimentary uses within walking distance of one another and insuring that they 31 are linked by safe, direct, walkways. This district will promote walking, cycling, 32 and the use of transit. 33 34 SEC. 20-8.2 DEFINITIONS 35 36 Terms used throughout this Ordinance shall take their commonly accepted meaning 37 unless otherwise defined in the Code. When there are conflicts between the Code 38 and this Ordinance, this Ordinance shall control terms requiring interpretation 39 specific to this Ordinance as follows: 40 41 ACCESSWAY: A street or driveway which traverses a parcel providing access to 42 an abutting street, alley, or other vehicular use area. 1 /45*0" 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 ALLEY: A 20' -24' wide way providing access to the rear of lots and buildings. ARCADE /COLONNADE: A covered, open -air walkway at standard sidewalk level attached to or integral with the building frontage: structure overhead is supported architecturally by columns or arches along the sidewalk: required to extend beyond the Build -To -Line. These standards permit encroachment by habitable spaces on upper floors over any arcade along a City street, or elsewhere if approved by the entity controlling the right -of -way. BUILDING DEPTH: The absolute distance between the outer wall surface of the building frontage and the outer wall surface of the rear wall of the building. BUILDING FRONTAGE: The side of a building which faces the primary street. BUILD -TO LINE: An alignment established a certain distance from the curb line to a line, along which the building shall be built. Front porches and handicap ramps shall be exempt from build -to line requirements, and must occur behind the property line. CONTRIBUTIVE BUILDINGS: Buildings officially identified on the Regulating Plan for their architectural merit, historic significance, or effectiveness at creating quality public spaces; these properties are to receive special consideration for parking and are subject to Section 20 -5, 19 of the Code. EXPRESSION LINE: An exterior cornice or molding delineating the division between the first story and the second story. FENCE LINE: The alignment along which fences, walls, or hedges shall be located. FRONT PORCH: An un- air - conditioned roofed structure, at the ground floor level or first floor level, attached to the front of a building, open except for railings and support columns. GROUND FLOOR AREA: The area on the ground occupied by a building, excluding arcades and colonnades. HISTORIC BUILDING: A building that has been designated by the City of South Miami per the Historic Preservation portion of the Environmental Review and Preservation Board regulations. LOT FRONTAGE: The property line adjacent to the primary street right -of -way. / 2 �� 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 LOT COVERAGE: The percentage of the gross area of a given lot which contains buildings. OPEN YARD SPACE: The portion(s) of a lot free of buildings or impervious surfaces. PARKING SURFACE: An area designated for parking constructed with any of the following surfaces: turf block, gravel, brick, pavers, asphalt, or concrete. STORY: The horizontal division of a building between the surface of a floor and the surface of the next floor above, or the next ceiling if there is no floor above. For the purposes of these regulations a story shall be interpreted as each vertical unit of 14' maximum, e.g. a 1 -floor cinema 22' tall shall be considered a two -story building. SEC. 20 -8.3 PERMITTED USES There are three major use categories within the T.O.D.D. district. • Residential uses • Commercial uses • Light industrial uses The following is a description of the various specific uses permitted within each category. SEC. 20 -8.4 RESIDENTIAL USE The following residential uses are permitted in these zoning classifications that specify this category within the T.O.D.D.. (A) Floor Area - The following are minimum requirements for floor areas for the apartment units as specified. Efficiency /Studio One Bedroom Two Bedroom Three Bedroom 400 square feet 550 square feet 700 square feet 850 square feet (B) Density - up to 37 units per acre for a maximum of seven floors of residential use, based on the height of the building as follows: 3 /3" 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 No. of Floors of Units /Acre Residential Use 1 10 2 15 3 20 4 25 5 29 6 33 7 37 (C) Residential and Lodging Uses - As permitted with required parking as noted in Sec. 20 -7.12. No residential uses are permitted on the first floor. SEC. 20 -8.5 COMMERCIAL USE The following classifications, uses, and corresponding parking requirements shall be permitted within the T.O.D.D. (A) Storefront Uses - As indicated in Sec. 20 -7.12 (B) Office Uses - As indicated in Sec. 20 -7.12 and all uses in the Business and Professional Services Group as indicated in Sec. 20 -3.3, except the following uses shall not be permitted: 1. Any uses which are only permitted in an industrial zone as indicated in Sec. 20 -3.3 2. Bowling alley or Skating rink. SEC. 20 -8.6 SPECIAL PROVISIONS (A) Any of the above uses are permitted on the first floor as well as successive floors. (B) Convenience stores are not considered in the food category and are not permitted. (C) No drive thrus, except for banks, are permitted. FAI 16000, 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 SEC. 20 -8.7 LIGHT INDUSTRIAL USE The following uses are permitted in this category along with the required parking: (A) All Retail and Wholesale trade use as indicated in Sec. 20 -3.3 except the following uses shall not be permitted: (1) Automobile dealers (2) Boat dealers (3) Gasoline service station (4) Recreational vehicle dealer (5) Convenience store (6) Used merchandise - vehicle parts (B) Manufacturing and Intensive uses as indicated in Sec. 20 -3.3 (C) Special Conditions - Industrial uses are limited to the first floor only, but no higher than 20 feet. SEC. 20-8.8 PARKING (A) T.O.D.D. Parking Regulations - Parking in the T.O.D.D. must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the District. The Hometown District Parking Committee shall be charged with oversight of the supply, convenience, safety, and management of parking shall also be responsible for this district as well. (B) Required Parking - Within the T.O.D.D. District, the following adjustments to the number of parking spaces required by Section 20 -4.4 (B) of the Code are provided: 1. No parking is required for residential use that is within 1,200 feet of the metro rail property. 2. Parking requirements, adjustments or bonus as indicated in the bonus allocation section (Sec. 20- 8.10). 3. All parking to be located at the rear of building. If not feasible, then the side of the building, but as noted in this section. 5 Ir 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 4. Parking spaces on the streets in front of property may be counted toward parking requirement. 5. 70% of required parking must be on site, except as otherwise permitted by ordinance Sec. 20 -4.4). 6. Off -site parking permitted with contractual obligations or in accordance with Sec. 20 -4.4 except that the required covenant may be a long term lease. That lease shall not be required to be longer than thirty (30) years. 7. Parking fees shall be permitted under the ordinance. 8. Off site parking is permitted in accordance with Sec. 20 -4.4. In addition the distance requirement shall be amended to allow for any location within the boundaries of this district. 9. No open air storage of vehicles are permitted. (C) Required Parking Uses 1. Residential Required parking shall be as per Sec. 20 -7.12, except if building is within 1,200 ft. of the metro transit property. No minimum parking required if within 1,200 ft. of the metro transit property. 2. Commercial/Retail 1 space per 150 sq. ft. to 400 sq. ft. of gross floor area (see schedule Sec. 20- 7.12A). 3. Office 1 space per 200 sq. ft. to 400 sq. ft. of gross floor area (see schedule Sec. 20- 7.12B). 4. Light Industrial a) One space per 100 sq. to 1,000 sq. (See schedule Sec. 20 -3.3 and 20 -4.4). b) No parking of vehicles in driveway at any time. X IM400, 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 c) In any area with light industrial uses, any vehicles under repair must be stored inside buildings at all times. d) For light industrial uses any garage areas must be totally enclosed and have garage doors closed when not in use. (D) Garages 1. At the rear of the property you may eliminate the setback requirement for garages only, if garage: • backs to existing garage • backs to permanent open space 2. May face side street but must have same fenestration as building above. 3. Underground parking defined as having more than 60% of its structure below grade. 4. Garage structures must be designed or landscaped so as to either appear to be a floor of the building or obstructed from street view. 5. All garages must be at the rear of the building. Garages may go through to the street above the first floor providing it looks the same as the face of building above. 6. Garages shall be considered a permitted use within the T.O.D.D. However, the regulations for arcades or awnings shall apply. The ground floor on the side's facing any street shall contain any uses indicated on the permitted ground floor uses in Sec. 20 -8.5. Any exterior facing streets shall be designed to look similar to the facade of a commercial office building. SEC. 20 -8.9 SPECIAL EXCEPTIONS (A) For those existing uses in this district, any alterations or additions to those buildings shall be in conformance with the provisions of this ordinance. However, existing heights of existing buildings and floors may remain at current heights and additional floors may be added above in accordance with this ordinance. Existing gas station uses may be permitted to have a one time alteration to allow for the addition of additional floors above. Any site that is in excess of 40,000 square feet shall qualify for a large scale development use. 7 1500, 1. Any property to be developed under a large scale development program and all under single ownership may have residential uses on the first floor. However, they are not permitted on the first floor within that portion of the building or development fronting on the front or main street. (C) No single use in the T.O.D.D. Zone shall exceed a gross floor area of 80,000 square feet, except residential uses. (D) The maximum height of new buildings or additions shall be restricted to four stories as permitted, or up to eight stories as permitted with bonus; but in no case shall exceed 100 feet. (E) A minimum lot area of 5,000 square feet shall be required for any of the following nonresidential uses: Institutional, Public Service, General Commercial Entertainment, Commercial Recreation, Office, and Recreation/ Open Space. (F) A minimum lot area of 5,000 square feet shall be required for light industrial uses. (G) Where there is no minimum distance between adjacent buildings, nor a minimum building setback from a property line, one of the first two of the following conditions must be met. 1. If the distance from the exterior wall to the property line is less than five feet, the applicant must show evidence of a maintenance easement from adjacent property owner(s), or: 2. The structure shall be built on the property line and the owner shall give an attachment easement to the adjacent property owner(s). 3. In no instance shall a roof overhang extend beyond the property line, except in the front of the building. O H U O •d z 0 ao 0 N W 0 as z 0 H Cd 0 -Zz 0 O U O O U ^O Cc1 O i-i > O M ¢ O O U O T3 C cl 0. 0 U "Cl a p a c� cd j 0 0 O O O U O cn 4r O s. a) c 0 t3. w s.. a� a� a� cn c w cc! p. O O O y c3 .y YU. 4-. O r. O O c3 O O .O 'LS C3 0 .0 U O 0 O O O w O O •U b w c3 C. 0 .H O b o� 0 0 0 L� a O O •U O b 1�r C C13 0 N CS s. C) iL O O "O 0 C U N i i� Q a O w ti a 0 O > cz .. r .O U O 0 . + c3 cl c> O CA _O c " _cn Cl Ri r � .x y U O cs � ccz a. �s C13 En cr cl U a• c 0 �0b En 0 00 vj cs. �_o O O � V) z� h al > 10. �. f.,,, o O � "C H 4-+ pr U O O O C O O O CJ O N CJ � J .0 O C ✓� CJ AC'd r i-. O U O •U cn +- C,3 'L7 U CNJ � V •'� O O 'O ;.O O N _ vU ''• O O O O w O O O U U U O ^p cl P-4 -C C) v' ° CL. w 2 O M Cli CIS o d°- a p a c� cd j 0 0 O O O U O cn 4r O s. a) c 0 t3. w s.. a� a� a� cn c w cc! p. O O O y c3 .y YU. 4-. O r. O O c3 O O .O 'LS C3 0 .0 U O 0 O O O w O O •U b w c3 C. 0 .H O b o� 0 0 0 L� a O O •U O b 1�r C C13 0 N CS s. C) iL O O "O 0 C U N i i� Q a O w ti a 0 O > cz .. r .O U O 0 . + c3 cl c> O CA _O c " _cn Cl Ri r � .x y U O cs � ccz a. �s C13 En cr cl U a• c 0 �0b En 0 00 vj cs. �_o O O � V) z� h r U b U G. W O U rn G' N A. O U � a o � a " o E O o 0 W o rn 0 v n 0 `n O rn a>i c3 Q� it al > 10. �. f.,,, o O � pr U to O C O ct. O CJ O CJ � J .0 U C ✓� CJ AC'd r i-. O U •U cn +- C,3 'L7 O CNJ � V •'� O O 'O ;.O O N _ vU ''• O C4 U U O w O O C O ¢, rn O 0 O ^p cl P-4 -C C) v' ° CL. w 2 r U b U G. W O U rn G' N A. O U � a o � a " o E O o 0 W o rn 0 v n 0 `n O rn a>i c3 Q� it SEC. 20 -8.11 REGULATING PLAN - INTENT. The Regulating Plan graphic is a site - specific and site design of the T.O.D.D. Regulations. For each lot information is designated such as: the location and dimensions of Build -to Lines: locations where arcades over the sidewalk are required, and representative locations where arcades are permitted but optional; locations for alleys or rear accessways, and curbs; locations where outdoor dining is pre- approved; and locations of special areas and the pedestrian walkway system. A graphic representation of the regulating plan is presented in Sec. 20- 8.17. SEC. 20 -8.12 ARCHITECTURAL STANDARDS - INTENT. The Architectural Standards are pre- approved and are intended to provide a degree of predictability about the quality of building designs and to promote harmony among buildings without requiring an appearance before and approval by a review board for everyone project. Applicants with projects which conform to these standards may obtain approval from the Departmental staff without appearing before ERPB. Appearance before ERPB remains an optional route. Every permissible option is not described herein: other options may be approved by ERPB. Wherever these Architectural Standards may conflict with the City of South Miami Land Development Code, these Architectural Standards must apply for properties within the T.O.D.D. District. The lists of permitted materials and configurations come from study of traditional buildings found in South Florida and have been selected for their appropriateness to the visual environment and climate. A primary goal for the Architectural Standards is authenticity. The Standards encourage construction which is straightforward and functional, and which draws its ornament and variety from the traditional assembly of genuine materials. The Standards generally discourage imitation materials, such as stimulated wood to avoid a tacky image for the neighborhood. SEC. 20 -8.13 ARCHITECTURAL STANDARDS - GENERAL REQUIREMENTS All construction must comply with The South Florida Building Code, the latest edition, as amended and adopted by the Dade County Florida Board of County Commissioners and any and all revisions made subsequent to that date: 10 /50", A) The general requirements shall be the same as those specified in Sec. 20 -7.16 thru Sec. 20 -7.25. SEC. 20 -8.14 STREET STANDARDS A) Landscaping and Utilities All plant materials shall conform to the standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass areas shall be planted in species normally grown as permanent laws. Grass areas must be sodded. All new landscaping must incorporate the xeriscape principles provided in SEC. 20 -7.17. Existing healthy plant material may remain and be incorporated into future streetscape projects. 1. Tree requirements: Trees within the public right of way shall be spaced evenly 20 to 30 feet apart, except near street intersections where they may be spaced closer together. Trees shall be of the species that will normally grow to a minimum height of twenty (20) feet with a mature crown spread of twenty (20) feet or greater in Dade County and have trunks which can be maintained with over seven (7) feet of clear trunk. Required trees shall have a minimum diameter at breast height of four (4) inches and be not less than twelve (12) feet in overall height at the time of planting. Selected tree species shall be from the list of Native Trees in Section 20- 4.5, (B), (3) of the City of South Miami Land Development Code. Palms may be used as street trees in front of buildings which have arcades or colonnades. Approved species include: Royal, Washingtonian, and Sable Palmetto. In addition, clusters of Parrotis, Alexander, or Macarthur are permitted for accent at mid -block and street corner locations only. 2. Utilities: All electrical power utilities, cable television and telephone lines shall run underground. 11 Ar B) Glare In all districts, any lighting shall be arranged so as not to shine directly on any residential use. Direct or sky- reflected glare when from floodlights or from high - temperature processes such as combustion or welding, shall not be directed into any adjoining property. C) All permitted uses, accessory activities, and storage shall be confined within completely enclosed buildings with the exception of off - street parking spaces, off - street loading berths, dumpsters, and outdoor tables at restaurants. D) Balconies - Balconies shall be permitted encroachments into permitted setback areas, but not to exceed 6' -0 ". No storage or display of items other than furniture shall be permitted on balconies. Balconies may not be enclosed or screened. E) Service and loading areas shall not be visible from public streets and adjacent residential properties. All service areas shall be screened from the view of any pedestrian or vehicular path. SEC. 20 -8.15 PUBLIC SPACES A) Commercial developments greater than one acre shall provide public space that include such features as shade trees, lawns and, where appropriate, benches and tables. The public space shall have a total area of no less than 1,000 square feet, which may be broken down into 500 square ft. areas, be conveniently located, and linked to existing and future pedestrian pathways. B) When necessary for public convenience or safety, the developer shall dedicate to the public access ways to pass through oddly shaped or unusually long blocks, to provide the networks or public paths creating access to parks, schools, mass transit facilities and community services. C) Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be integrated into the architectural character both in terms of illumination and fixtures. Lighting shall not impact off -site uses or traffic on adjacent streets. D) Pedestrian access from primary building to Pedestrian System should not be interrupted by vehicular circulation, parking, or other elements which would discourage pedestrian use. Interruptions of mid -block pedestrian systems by vehicular circulation shall be minimized. 12 445� Buildings shall abut the street -front sidewalk and orient the primary entrance or entrances toward the street. Provide amenities to improve the climate along streets, with respect to excessive heat or sunlight, that will add to pedestrian comfort: 1. Where appropriate, canopies or arcades can be provided along the street frontage of buildings. However, they should be carefully designed not to obstruct views and access between building entrances, the sidewalk, and the street; 2. Shade trees may be planted to provide additional climate protection and contribute to an attractive pedestrian environment. E) Consistent with the purpose of this district in the areas so covered, all new construction and major reconstruction along certain street frontages must provide windows and entrances or other features meeting the requirements of the following section to afford interest to pedestrians and to enhance the urban quality and shopping environment of downtown. F) Along a frontage containing a required building line, at least seventy -five percent of the width of any new or reconstructed first story building wall facing a street shall be devoted to interest creating features, pedestrian entrances, transparent show or display windows, or windows affording views into retail, office, or lobby space. G) Street trees shall be planted on all street frontages in accordance with Sec. 20- 8.13. SEC. 20 -8.16 DEDICATION OF STREETS AND ALLEYS A) The Regulating Plan establishes location for new streets and alleys in certain parts of the Hometown District. These streets and alleys are intended to provide pedestrian and vehicular access for residents, clients, customers, and visitors, as well as service and public safety access to the building that will be constructed along these streets. The dedication of these streets and alleys is necessary to achieve the previously described intent of this Hometown District Overlay ordinance, to invigorate the economic and social vitality of South Miami's main street business center. B) When new development is proposed along a street and /or alley shown on the Regulating Plan, the right of way for the street and alley along the subject parcel must be dedicated to the City of South Miami for public access. 6 00P 13 Q In a limited number of instances the Regulating Plan shows streets and alleys penetrating existing buildings. Dedication of these streets and alleys for public access is required only when the site is redeveloped at ground level along 50% or more of the street or alley frontage within the applicant's property. Seefien if this Or-dinanee is held to be invalid ... any seefien, elause, sentenee, er- phrase ef e holding shall in no way aff et the validity of the r nrt_nertiens b e f this Or- dinanee SEC. 20 - 8.17 REGULATING PLAN - GRAPHIC 14 1�6 " 150, MIXED USE MU_5 4 STORY MAIN ST111iL'I'S SUNSh7 DRIVE S.V. 62 AVI: a^ w (7 a o c� o � ca • �+ � o e v �� ., II (= Z5 O O w O lD II o O p o0 a B n yC ry M u MINOR51REET-5 80- 100% 15LO FRONTAGE • CURB l ARCADE OR AWNING Z 1 M � Z > Z o D 70 r- o � I Q+ 1 C3 8 70 d r- COQ rn 7 2 ■ m z m C) m D m 20• a m 1L wd+ t0• BUILDING REAR MIN DEPTH YARD : ADJACENT (� o > PROPERTY rn C) a m a^ w (7 a o c� o � ca • �+ � o e v �� ., II (= Z5 O O w O lD II o O p o0 4s MIXED USE MU-4 9 STORY MINOR SI' U-JS S.W. GI CT_ 61 A VIL 7191'. S.W. 59 PL. 68 SL RED ROAD a C6 ew [ uG" n u u MINOR STREET 80 -1007 BLG FRONTAGE 18". TO FACE CURD OF COL -7 ARCADE OR ` AWNING I v I I �> A Z O m r � � I R N Gl c I o �' m -i 73 JO Z O ' o Gl m m 70 m z I � z 20' m m � 8' BUILDING R ►-3 MIN DEPiH YARD n 0, � ADJACENT o m PROPERTY n C A CP r3 U n p (� n t>• � 6 n N n p C! � p � G oo w oo F as 00 o -• ''� r :r 3 oT A a ° II u w 0o rS O J C0 m o �. O: p, p 4s �5' LIGHT INDUSTRIAL, LIA 4 STORY ALLEY AND STREMi FRONT STREM. S.W. fib. G9.70, COMMERCE PROGRISS C, rpz mss= r" n a C � � u CD] 5.W. -70TH 51-1 S.W. 68TH PL. • r � Z C r Z a C r' Q1 CURE m y m y m r -4 0 0 v 0 m � o I j i I> v �� c�i L p c > I m v m I 779 v D i I y rt�1 I z z > I z X I I70 0 I mm � Rl 9 D r Uj r >� Z C') v! n I z m m. m ,> ' tsi I Gl I c --3 0 1 � o 10' T r 0 I T Lita m t C*l I -- > ROW • 10' O' 7% m BLG DEPTH 1' BLG DEPT►i €� I A CP9 r m I 1 'ny o o a n �• -°i ebq o o o � �5' r tDi m y� o v m c r v � o c O z z m G1 v M n D c D v jC) M vi o g�0O D n � D r N 1 T ?_ N -i a r � m MIXED USE 4 STORY MAIN STREM- SUNSET DRIVE S.W. 62 AVI'. ~ (71 0 N Z > > m > 70co� � f T � O z M o > . M m CP r- t 00' MAX. HEIGtIT N P zE K C7' U1 X C�St1 03 x O . 5 6 y � A Cr b O CL • "n 00 y A N q�1p T C. f►, � n � D � �: Q O a QQ ff a a f�1r s a MU-4 • Residential Uses • Commercial Uses i�° IO � 1 n f�l lC) U3 C v z v m S MIXED USE 4 STORY MAIN STREETS SUNSIiI DRIVI& S.W. 62 AVE. � Tmi O > > n C O 7% r m v 9 N[i u-5 • Residential Uses • Commercial Uses r- = m O m m � N v 70 79 � 3 C C O- > T � O 'J gy CT cr S G v C c F a z r O A r m N 70 rn m m z > v (p M m T MIXED USE 4 STORY MAIN STREETS SUNSIiI DRIVI& S.W. 62 AVE. � Tmi O > > n C O 7% r m v 9 N[i u-5 • Residential Uses • Commercial Uses m ro > i Z 70 i 1 77Q __� m _ ^ T Y', v N r "0 70 Z1 I- �9i y m0> 100' " m MAX. HEIGHT m N T T r- O m m � N � •P `L\. � C�iD O � 3 C C O- m' 'J gy CT cr S G v c F 8.g 1 � o A m m ro > i Z 70 i 1 77Q __� m _ ^ T Y', v N r "0 70 Z1 I- �9i y m0> 100' " m MAX. HEIGHT m N T T r- m m � N � •P `L\. � C�iD O � 3 C C O- 'J gy CT cr S G F 8.g 1 � o A w. PTO con m /.40,0, /,C,- LIGHT INDUSTRIAL LIA 9 STORY ALIXY AND STRGGTS FRONT STRULM S.W. 68. 69.70. COMMERCE PROCRISS • Residential Uses • Commercial Uses • Light Industrial Uses to v m � I '7% Z - — C OR >a p O GIOQ Tn> In m n nm+ O� 7C O -n m 79 c > n a 74 •-• m 7Gpl N 7>a DST > A > m m\� m > 20' MAX j 20' MAX rD•- p I I > O r T M 1 N M �z C M z N m I2 m M z. N I a ° I > cn I z m I r N 1D = 10' MIN 10' MIN m I y _ ° 71 •L, M > 70 v m 7a N m D h 1 O T (S1 ; D V 1 O 'Tt 1 • T a rn >n o n1 nn r i� m O >C>1 m M C T m v1 T m O n TO 7p 70 Q° 21 O T O C F rn p r 7% O m 01 T 7a O i0 O O -i > > O yy� A K T z K ra p zE �� p rTn 3 N X N o X (P o _ C ]. ], m 3 C% e1 3 �, I Gl y n A M p CA o := � w n g M 5 M O p g cor a-- E. $ Q 8 S N n o• N E: H E: O O O OG 00 O 0,00 O n d pp Oo n `7i y /,C,- F. T 1 PEDESTRIAN CORRIDOR DESIGN GUIDELINES -Pt4b�e 41, � G� 00,b 60 4� 00,6 '1, .� ^— ,. r` ' ^— ^— _ -' ^— ^~ ~ ^— _ `~ ~` r` _ ^— ^- _ " " = � � � � � -- mn � \` vi � XX ]AV ZS WS P. / Ar = � � � � � -- mn � \` vi � XX ]AV ZS WS P. / Ar OBJECTIVES Provide an additional focal point for downtown The objectives of the Corridor as defined by South Miami. the Commission are as follows: Provide a safe, comfortable, lively, and attractive place for pedestrians. Achieve an identity and an image as a special place. Allow for modification and expansion over time as surrounding conditions change. Accommodate access to other major public facilities such as transit center, civic center, and other public spaces. Reflect the qualities of a truly "urban" environment with its intensity, sophistication, and diversity. Reinforce and stimulate high quality future adjacent development. Reflect characteristics of this locale: climate, vegetation, and topography. Encourage evening and weekend use, as well as weekday use. 1 is IMAGE The Corridor, when completed, will offer a variety of pedestrian experiences and amenities. The physical appearance of the Corridor, based upon design guidelines, is described below: Segments of the Corridor may be partially or entirely covered for weather protection but not enclosed and will be open to the public 24 -hours a day, excluding temporary closures for Corridor maintenance purposes. Major public open spaces will be located along the Corridor and will provide a sense of gateway and focal point at regular intervals. An open space of approximately 1000 square feet will be located at the city hall. These spaces will be landscaped and may contain other pedestrian amenities such as: activity areas, event areas, seating, water features, art features, and pedestrian scaled lighting. The space will be surrounded on two or more sides by pedestrian - oriented frontages and may contain vendors, kiosks, and other activity generating features. Through pedestrian. movement along the Corridor will be concentrated along the edges where window shopping, cafe seating, flower tubs, etc. will often occur. 2 Passive recreation and special activities will concentrate in the center of the Corridor. This portion of the Corridor may provide a canopy of shade trees, seating, water features, kiosks, directional graphics, seasonal plantings, lighting, artwork, and other pedestrian amenities. Weather protection such as awnings, balconies, or arcades may be provided at various points along the Corridor. The topography and differing architectural treatments will result in a variety of types, heights, and alignments for weather protection. The variety of weather protective treatments may bring color, rich detail, ornamentation, and distinctive pedestrian scaled signage and lighting into the Corridor design. A coordinated system of lighting, paving, street furniture, and informational graphics will provide an element of continuity. The Corridor will be designed, constructed and managed to provide a safe and comfortable pedestrian space for the public and will include special access provisions for the handicapped, as required by code. 1.500, ELEMENTS OF CONTINUITY Intention To provide unifying elements along the corridor. Accomplished by Coordinated system of paving with common accent. Graphic system (examples: directional and informational signs, emphasizing use of international symbols). Coordinated system of lighting. Coordinated system of street furnishings. Landscaping and planting, including seasonal flowers. Establishing an ongoing owner association that would review and select appropriate types and materials for items above. 3 ELEMENTS OF DIVERSITY Intention To encourage a wide variety of designs and activities. Accomplished by Variety of colors, materials, signage, and finishes on building facades. Variety of planting, including seasonal flowers. Variety of building configuration, orientation, shade and proportion. Variety of devices for weather protection. Variety of types of seating, including benches, ledges, and steps. Variety of pedestrian- oriented uses. Variety of activities and events. 4 /!V STREET CROSSINGS Intention To ensure that crossings of major streets provide for pedestrian safety, enhancement of the corridor, and adequate traffic flow. Accomplished by Establishing highly visible, very distinctive on- grade crossings with special paving, lighting, planting, and other pedestrian features. 5 15' PEDESTRIAN AMENITIES Intention To provide the pedestrian in the T.O.D.D. with a sense of place, comfort, and an aesthetic experience (artwork, water features, and architectural features). Accomplished by Providing comfort by including generous amounts of seating in a variety of forms, drinking fountains, litter receptacles, directories and maps, etc. Bicycle racks should be encouraged near adjacent street ROW. Surfaces suitable for leaning should be provided where waiting occurs, and where possible, waiting areas to be sheltered from wind and rain. Establishing a special sense of place and aesthetic quality: for example, with artwork, decorative foundations, and other water features (fountains can provide "white noise" to block out sounds of traffic and provide privacy for conversations). Encouraging drinking fountains in eating and brown bagging areas. T Providing appropriate lighting (functional and visually distinctive) and coordinating it with the Pedestrian Corridor lighting. Encouraging the use of the corridor light standard in the T.O.D.D. Encouraging pedestrian scaled lighting. Encouraging handicapped access and facilities. Most areas should be barrier -free to the elderly and handicapped. Pedestrian amenities should be accessible to the handicapped, such as drinking fountains. Providing primary (chairs and benches) or secondary (walls, steps, and planter ledges) seating. The latter count as seating if of a height (not less than 12 inches or more than 36 inches) and depth (not less than 12 inches). At least 10% of the seating should be primary. Linear benches or ledges allow people to establish comfortable distances. Providing proper paving material. It should be non - glare, nonslip, and be free of large joints, cracks, toe trips, or uneven surfaces. Changes in pattern or texture can define varying uses. Ar POLE TOP LIGHTING Intention To provide unique pedestrian- scaled, pole top lighting to create a series of light forms and to add a festive, warm, inviting, and intimate atmosphere. Accomplished by Using one pole top lighting design, with the variations described herein, through the Pedestrian Corridor and Major Public Open Spaces. Maintaining light levels approximately equal to or greater than surrounding downtown streets (a maximum range of approximately 1 to 2 foot candles). Minimizing bright spots, dark spots and glare created by pole top lighting along the length of the Pedestrian Corridor. Providing the appearance of visual uniformity in the distribution of light and brilliance of pole top lighting along the length of the Pedestrian Corridor. Placing pole top lighting on the centerline of the Pedestrian Corridor alignment except at the Transit Center, plazas with intersecting secondary paths and /or adjacent street ROW, and at the Major Public Open Spaces. Placing pole top lighting on the edges of the Pedestrian Corridor or mounted on buildings with wall mounting brackets, when the width of the Corridor ROW requires supplemental lighting. Using a globe- headed, pole top fixture of a design which allows for a number of globe combinations to be mounted. Using a pole which might accommodate banners and /or flags and a base design motif unique to Bellevue. Using a 5 -globe fixture along the edge of the 7 Pedestrian Corridor spaced 50 -70 feet apart, to boldly mark the axis of the Pedestrian Corridor and to create a series of beacons to guide Pedestrians. Globes should be 18 inches in diameter and the overall height should be approximately sixteen (16) feet. Use of the 5- globe fixture should be limited to the Pedestrian Corridor to provide special visual emphasis. The Transit Center shall incorporate 5 -globe and single globe fixtures, as appropriate, on adjacent sidewalks. Using a 3 -globe fixture in the Major Public Open Spaces, at plazas connecting to secondary paths and /or adjacent street ROWS and along secondary paths. Fixtures should be spaced 20- 40 feet apart and may be in line or staggered. Globes should be 18 inches in diameter and the overall height should be approximately sixteen feet. Using single globe fixtures on poles or wall mounted on the Pedestrian Corridor where the width of the corridor permits; in Major Public Open Spaces; and in plazas connecting with secondary paths and /or adjacent street ROW. Single globe fixtures should be spaced 10 -20 feet apart. Globes should be 22 inches in diameter and the overall height should be approximately 15 feet. Providing high pressure sodium lamps in appropriate wattages. Using etched or sand blasted, clear globes which allow for the use of refractors to improve light distribution to the walking surfaces. Painting the above poles and bases in the same color(s) and finish throughout the Pedestrian Corridor and Major Public Open Spaces (including street closings and the Transit Center) to provide visual continuity. 15' I­­­­.- __­_.___­__'_'__"__ I � 1� l h� Single globe pole, side elevation 0 Single globe, plan 18" �c ii 'I See bate plan L I I —s Three globe pole, side elevation L s. I, Three globe, plan I Five globe pole, side elevatio, Five globe, plan 16, BOLLARDS AND BOLLARD LIGHTING Intention To mark areas where pedestrian caution is to be observed or where special features exist with bollards and low profile lighting. Accomplished by Encouraging the use of bollard lighting near crosswalks, parking ramps, driveways, fountains, and similar features. Using bollards of sandblasted concrete or stone which are topped with a luminaire with a cast aluminum hood and base. The shape of the bollard should be equal to the unlighted bollard to provide visual continuity when used in combination. The same shape should be used throughout the Pedestrian Corridor and in the Major Public Open Spaces. Bollards shall be 16 inches in diameter with an overall height of approximately 32 inches. The luminaire shall be 14 inches in diameter and approximately 11 inches in height. The metal hood and base should be painted to match the corridor light fixture. Lamps shall be high pressure sodium in appropriate wattages. E-N � 16" C-k i � Smooth finish Sandblasted finish . Finish grade N' �f Bollard, side elevation 16,1 Cast aluminum hood and mounting base V, " thick clear acrylic �,- --j Sandblasted finish Finish grade , N Bollard with light, side elevation PAVING Intention To provide visual continuity along the Pedestrian Corridor and Major Public Open Spaces by using common paving materials, units and patterns. To relate to pedestrian scale and comfort, and create a warm, subtle, subdued paving surface consisting of a high quality paving material. Accomplished by Using standard, rectangularly- shaped brick pavers in three related colors as a common paving materials throughout the Pedestrian Corridor and Major Public Open Spaces. Brick pavers shall have a rough surface texture and a course, aggregate throughout to minimize slipping. Brick paver sizes, colors, and textures shall be manufactured to match throughout the Pedestrian Corridor and Major Public Open Spaces. Creating a subtle paving treatment by laying a selected color of brick pavers flat in a basketweave pattern, and using flat, soldier courses in the same or contrasting color for banding and to border elements (see Banding). The basketweave pattern facilitates the accommodation of expansion joints and banding ` and is multi - directional in its visual expression. Other patterns of brick pavers, such as herringbone, may be used in crosswalks or in Major Public Open Spaces and plazas connecting to secondary paths and/or adjacent street ROWs. Specifying "Medium Ironspot No. 46 (Dark blend)," "Medium Ironspot No. 77 -TK," and /or E "Copper- tone -TK," wirecut texture brick pavers as manufactured by Endicott Clay Products Co., Fairbury, Nebraska, or equal. Using concrete interlocking pavers or brick pavers in crosswalks at adjacent street ROW. 318 "mortar joints, typical Basketweave brick paving, detail Basketweave Soldier source pattern pattern Basketweave brick paving, plan BANDING AND BORDERING Intention To allow for banding and bordering to create visual accents, patterns and textures to define elements and zones on the Pedestrian Corridor and in the Major Public Open Spaces. To accommodate special paving patterns at Major Public Open Spaces and similar areas. Accomplished by Allowing banding or bordering in flat, single or double soldier courses of brick pavers, in the same or contrasting color in the Pedestrian Corridor; and of brick pavers, concrete, or stone in the Major Public Open Spaces, and in plazas connecting to secondary paths and /or adjacent street ROW. Bordered elements may include light standards, bollards, tree grates, manhole covers, fountains, sculpture pedestals, kiosk bases, ledges, walls, ramps, and curbs. Incorporating concrete curbs as specified by the City to establish visual continuity with adjacent street ROW. 10 �5' TREE GRATES Intention To reinforce visual continuity by defining a tree grate design that contributes to pedestrian comfort and good tree maintenance. Accomplished by Using cast iron tree grates in a traditional pattern which is available in a round or square shape throughout the Pedestrian Corridor and Major Public Open Spaces. Requiring round cast iron tree grates to be used along the centerline of the Pedestrian Corridor alignment, except at Major Public Open Spaces and plazas which intersect with secondary paths and/or adjacent street ROWs. A grate of a similar design with narrower openings may be used on the Transit Center platform to facilitate wheelchair access. Requiring round or square tree grates to be used in the Major Public Open Spaces, secondary paths and plazas intersecting secondary paths or adjacent street ROWS. Requiring tree grates to be "Standard Flat" four foot round or "Standard Flat" four foot square cast iron tree grates, as manufactured by Urban Accessories, Snohomish, Washington, or equal. Limiting the use of metal tree guards which fasten to tree grates, to areas where frequent leaning will occur, such as on the Transit Center platform 11 i I/ / /llll!l 111111��� Square tree grate, plan C 5� WALLS AND LEDGES Intention To visually integrate walls and ledges used in landscaping into the paving pattern of the Pedestrian Corridor and Major Public Open Spaces and to provide additional seating space. Accomplished by - Providing that walls and ledges used in landscaping should be brick, concrete, or stone to coordinate with the paving of the Pedestrian Corridor and Major Public Open Spaces. Accommodating seating, where possible, on the top of walls and ledges. Seating should be a relatively smooth and even surface. Incorporating lighting in walls and ledges to light walkways, where appropriate. 12 4' BENCHES Intention To ensure that the Pedestrian Corridor and Major Public Open Spaces emphasize pedestrian use by using a bench which provides a sense of place, comfort, and visual interest and harmony. Accomplished by Selecting a bench design that will perform successfully from both an aesthetic and functional viewpoint and using this bench, in the variations described herein, throughout the Pedestrian Corridor and Major Public Open Spaces. Providing benches located symmetrically about the centerline of the of the Pedestrian Corridor alignment and symmetrically located between trees and between light fixtures and trees, except in the Major Public Open Spaces and plazas with intersecting secondary paths and/or adjacent street ROW. Providing for a range of bench configurations, as follows: 1. Benches back to back facing the adjacent corridor streetwall. 2. Benches parallel and perpendicular to the corridor streetwall, encircling a street tree. 3. Benches parallel and /or perpendicular on the corridor streetwall around a square raised planting bed. Constructing the benches of cast metal to coordinate with the cast metal used in the light fixture bases and tree grates. Constructing the bench seats and back rests of wooden slats, with a clear finish. 13 Limiting the lengths of benches to five, six, or eight feet, with a center arm rest on the eight foot bench. Leveling benches with spacers below bench supports, or as required. ?.,jV4 .. Side elevation S'. 6'. Front elevation /S FIXED PLANTERS Intention To provide raised planting beds for seasonal plantings, additional seating, and to create a pleasing pedestrian environment. Accomplished by Allowing street trees to be planted in raised, fixed planting beds when parking structures are located beneath the Pedestrian Corridor. Using raised, fixed beds for seasonal plantings. Designing the raised, fixed planters to incorporate a sitting ledge if walls of the beds are between 1 -3 feet high. Sitting ledges should be even and relatively smooth. Plantings should not interfere with the use of the sitting ledges. Discouraging walking on the planting beds, when less than one foot in height, by using a metal rod planter fence, as used in the Bellevue Way crossing. Allowing for well drained soil and ease in maintenance. Using materials in the walls of the fixed planters which blend with the paving materials (brick, concrete, and stone). Positioning the fixed planters to be centered on the centerline of the Pedestrian Corridor alignment. 14 I; to 3' 1 igh Pian ring should not Suring ledges interfere with sitting ledge Side elevation of raised planting area with seat Side elevation of raised planting area Iess than 1 1 in height. /s MOVABLE PLANTERS Intention To provide for seasonal plantings in movable planters within the Pedestrian Corridor to add color and aesthetic quality. Accomplished by Relating the design of the movable planters to other street furniture and paving elements and being an appropriate style for use on the Pedestrian Corridor. Positioning the planters anywhere within the central paving strip, but they should not restrict pedestrian circulation to, and around, benches. Allowing for plant soil to drain and for ease in changing the soil. Allowing for plantings to be a minimum of 2 -3 feet in height to be seen and enjoyed and not to create hazards for the visually impaired. Selecting a narrow range of shapes for use throughout the Pedestrian Corridor. Using movable planting pots which are round, natural terra cotta. Inside of pots should be glazed with one or more drain holes. Choosing pots which are a minimum outside diameter of 2 feet at the opening, and a minimum height of approximately 2 feet. Larger pots may also be used. Using models No. F -111 and /or No. F -106, as manufactured by Pyro Media, Seattle, Washington, or similar terra cotta pots. 15 2' minimum Side elevation of terra cotta pots DRINKING FOUNTAINS Intention To provide a visually distinctive drinking fountain for public convenience and to create visual uniformity throughout the Pedestrian Corridor and Major Public Open Spaces. Accomplished by Using a cast metal, free - standing drinking fountain of a design coordinated with the design of the pole top lighting fixture and painted to match the color of the lighting fixtures. Locating free - standing fountains near intersections and seating areas on the Pedestrian Corridor and in the Major Public Open Spaces. Using an octagonal, single or double bowl fountain with a round bronze, brass, or polished chrome liner and bubbler, with or without the image of a face. Bubbler should be mounted at the center of the bowl and should be either continuous flow or push- button integral with bubbler, side pushbutton, or foot pedal activated. Mounting height of bowl shall be 3 feet, and a step should be provided to facilitate use by children. Providing for the handicapped and other users with all mounted drinking fountains in a variety of designs. Wall mounted fountains should be located near building and landscaping walls. I[l Single bowl, side elevation Single bowl, plan - C@ i . Single bowl, base plan is LITTER RECEPTACLES Intention To provide attractive yet functional waste containers for the public convenience and to encourage brown bag lunching on the Pedestrian Corridor. Accomplished by Using one type of design for the litter receptacle throughout the Pedestrian Corridor and Major Public Open Spaces. Requiring the litter receptacles to be compatible with the other street furniture and paving elements on the Pedestrian Corridor and appropriate in style. Providing that the litter receptacles can accommodate being leaned on by pedestrians. Positioning the litter receptacles near seating areas. Allowing the receptacles to accommodate the use of standard liners, to be easy to empty, yet which are resistant to tipping, dislocation, fire damage, vandalism, and breakage. Requiring the litter receptacle to be equal to, or similar to, the type used at the Transit Center. 17 Z � 7 ' a i i rll �1 I' Side elevation Plan .s Joint PB/ERPB WORKSHOP Minutes 01/14/97 /S T7 MINUTES Planning Board and ERPB Joint Workshop Tuesday, January 14, 1997 City Commissioners' Chambers 7:30 P.M. Present: Absent: S. Basu (Chairperson) C. Thorner K. Zeller (Vice- Chairperson) A. Oliveros G. Illas A. Dupree Staff invited members of the ERPB, who had been present in the audience, to come forward for the workshop portion of the meeting. Mr. Cooke - Yarborough, ERPB Chairperson, Ms. Mary Scott Matiauda, and Mr. Horace Feliu joined the Planning Board for the workshop. Also present: Jack A. Winston, City's Consultant; Bill Mackey, Director, Planning & Zoning; Brian Soltz, Planner; Gregory Oravec, Planning Technician; David Struder, Board Secretary. ITEM: PB -97 -003 Applicant: Mayor and City Commission Request: Joint Workshop to consider public input and to review the Proposed Transit - Oriented Development District Ordinance The workshop will allow time for discussion among the Planning Board and ERPB members, members of Planning & Zoning Division staff and the general public. The workshop meeting agenda hill allow time for the following: 1. Presentation of research and materials from the City's consultant; 2. Public discussion of concerns and comments; and, 3. Discussion on the topics raised during the presentation and the public input. The City ivelcomes the participation of those who have a special interest as well as those who have a general interest in the City's proposed Transit- Oriented Development District. Members of the public are encouraged to prepare written comments and suggestions to be submitted to both staff and workshop members. Joint PB/ERPB Workshop Minutes 01/14/97 1 hoir Mr. Basu stated for the record that the Planning Board and the ERPB were now entering the workshop portion to consider the proposed Transit Oriented Development District (TODD) ordinance, which had been prepared by the City's consultant on this matter. Mr. Mackey then introduced Mr. Jack Winston, of the Winston Group, Miami, to those present for the workshop meeting. Mr. Winston opened by directing the Boards' attention to the TODD information packet made available to the public. Mr. Winston began by reviewing the stated purpose, as outlined in Section 20 -8.1 of the document. Mr. Winston explained that the purpose, which relates to a mass transit center, namely the South Miami Metrorail station, has provided an impetus to the formation of the new ordinance, as provided for review at tonight's workshop, and the eventual creation of the proposed district. Mr. Winston noted that, as the purpose relies on mass transit, as opposed to vehicular traffic, an emphasis has been placed on promoting a pedestrian - friendly environment that contains a complementary combination of uses, services, and amenities, and maintains acceptable walking distances. In addition, Mr. Winston noted that, in furtherance of an environment supporting pedestrian interests, the creation of a pedestrian walkway system has been proposed. Mr. Winston continued by stating that in addition to directing general development of the district, a major "thrust" of the proposal is to encourage the building of residential units within the TODD, which is outlined in one of three use categories listed in permitted uses, Section 20- 8.3. Mr. Winston explained- that residential development encourages the use of mass transit and creates the overall density necessary for growth and endurance of the district. In regard to the Hometown Plan, Mr. Winston explained that the ordinance follows the plan conceptually, particularly involving such items as parking, setbacks, etc. Mr. Winston commented on the proposed pedestrian walkway system. Mr. Winston elaborated by noting particulars to be included in this system, such as patterned walkways, landscaped crosswalks, and well -lit streets. Mr. Winston spoke in regard to the proposed series of bonuses, which would be incorporated into the document, that concerns reductions in parking based on certain actions. Mr. Winston cited the example of a builder providing an arcade, rather than an awning, which would result in a five percent reduction in parking. Mr. Winston commented that under the bonus plan, residential development will not be required to provide parking and that the maximum reduction permitted will be 60 percent. Discussion turned to the Commerce Lane and Progress Road areas located near the Metrorail station. Mr. Winston explained that existing uses would continue; however, redevelopment would be encouraged, particularly in regard to improvements in the streetscape. Mr. Winston noted that paved walkways, reconfigured parking, and enclosed work areas would be provided in order to enhance the appearance of the streets. Joint PB/ERPB Workshop Minutes 01/14/97 , 2 !S Mr. Cooke - Yarborough related concerns and issues that he had with respect to the matter. Mr. Cooke- Yarborough's concerns consisted of such items as reductions in parking in the TODD associated with reductions for parking in the Hometown District; problems resulting from people not relocating to the residential units in the district; prohibitions against the use of automobile elevators being used for purposes of underground parking; difficulties encountered by overflow of parking into residential neighborhoods; and sizes and configuration of parcels in the district. Public hearing was opened. Ms. Linda Tobin approached the Board to speak in regard to the TODD. Ms. Tobin spoke of difficulties and problems that may be encountered with the new ordinance. In her remarks, Ms. Tobin included economic and structural matters the City may wish to consider, citing such particulars as residents possessing adequate income, buildings having arcades, etc. In further comments, Ms. Tobin continued to speak of economic concerns, particularly as they relate to parking issues, that may be involved in consideration of the TODD. Ms. Tobin suggested that the City may wish to contemplate the construction of parking facilities, such as a system of municipal parking garages, in order to encourage banks and developers to "buy" into the concept of a transportation district. Mr. J.B. Reisman signed in to speak before the Board. Mr. Reisman spoke in favor of the ordinance, characterizing it as a "breath of fresh air ", in that a mix of uses is encouraged in the area. Mr. Reisman asked that the Board vote to approve the ordinance, as it represents a "remarkable step forward" for the City. Mr. Alan Dale Mobley spoke before the Board; however he did not sign in for the record. Mr. Mobley recommended approval of the ordinance. He asked the City to be mindful that the current uses in the area, i.e., the automobile service and repair establishments, are not a "given" Mr. Mobley opined that the ordinance, as a result of being well researched, will precipitate improvements in the area. Ms. Dupree noted that, as changes begin to take place due to the ordinance, the overall character of the area will also change, even if current uses remain in the area. Mr. Feliu stated that he wished to note for the record that the post office site, with its barbed -wire fence, continues to be a primary eyesore for the City. Mr. Feliu added that he hoped redevelopment will precipitate changes for that particular parcel. Mr. Al Elias spoke before the Board; however he did not sign in for the record. Mr. Elias stated that he wished to note that while the ordinance represents potential for the area, problems currently exist that are not being addressed. Mr. Elias opined that America is a car - oriented society and as such, automobiles and parking will continue to be a problem for the TODD. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board. Mr. Tucker asked that the City always be cognizant of its citizens, particularly in matters involving major projects, such as the type TODD represents. Mr. Tucker noted his opinion that a municipality is "nothing" without its people. Joint PB/ERPB Workshop Minutes 01/14/97 3 Mr. David Anderson signed in to speak before the Board. He spoke of his desire to locate a picture - framing business in the TODD, perhaps behind the existing US post office. Mr. Anderson asked the City to permit such a use in the district as consideration of the new ordinance continues. Public hearing was closed. Following the close of the public hearing, the Board and Mr. Winston discussed several issues and concerns involving the TODD. PARKING ISSUES: The Board and Mr. Winston agreed that parking will remain an issue. Mr. Winston noted that the pedestrian walkway system will contribute to a reduction of vehicular traffic in the district. Mr. Winston suggested that the concept of centrally located parking facilities and /or garages is important to consider as part of the redevelopment. FUTURE CONSIDERATIONS: 1) Models and mock sites: The Boards concurred that testing and using of mock sites and models may be important for the consultant to consider as the approval process moves forward. 2) Economic concerns: The Boards suggested that economic concerns, such as financing, be included for future considerations throughout the process. 3) Infrastructure issues: The Boards suggested that bikeways be included as part of the infrastructure of the district. The Board suggested that general improvements to existing infrastructure may be in order. 4) Structural concerns: The Boards asked that issues relating to structural matters, such as provisions for buildings with arcades and pitched roofs, be included for further consideration. On the TODD: Staff noted that the proposed ordinance related to the TODD will go to the City Commission for further consideration, possibly for their meeting on February 4, 1997. Joint PB/ERPB Workshop Minutes 01/14/97 4 600" Excerpted Planning Board Minutes 03/11/97 1-r EXCERPTED SUMMARY MINUTES Planning Board Regular Meeting Tuesday, March 11, 1997 City Commissioners' Chambers 7 :30 P.M. I. Call to order and Pledge of Allegiance A. Mr. Subrata Basu, Chairperson, called the meeting to order at 7:32 p.m. II. Roll Call A. Board members present constituting a quorum: S. Basu (Chairperson); K. Zeller (Vice - Chairperson); A. Dupree; C. Thorner; and J. Lefley. B. City staff present: Bill Mackey (Planning & Zoning Director); Brian Soltz (Planner); Gregory Oravec (Planning Technician); and Slaven Kobola (Planner). C. Opening remarks: III. Public Hearings B. ITEM: PB -97 -007 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, BY CREATING A NEW SUB - SECTION 20 -8, IN ORDER TO CREATE A TRANSIT - ORIENTED DEVELOPMENT DISTRICT [TODD]; PROVIDING FOR NEW AND REVISED PERMITTED USES; PROVIDING FOR BUILDING HEIGHTS UP TO EIGHT - STORIES IN THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT [TODD]; PROVIDING FOR A LEGAL DESCRIPTION; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. Location: Properties facing Sunset Drive (SW 72 Street) between US 1 and approximately SW 62 Place; properties facing SW 62 Avenue between US 1 and SW 70 Street; and the area bounded by Red Road (SW 57 Avenue) on the east, SW 66 Street and SW 68 Street on the north, SW 59 Place on the west, and SW 70 Street on the south. 1. C. Thorner read the request into the record. PBMin 3 -11 -97 Ar 2. Staff turned the presentation of the application over to the City's consultant, Mr. Jack Winston of the Winston Group. a. Mr. Winston stated his name for the record, and he explained that it was his duty to develop the proposed Transit Oriented Development District (TODD) zoning ordinance. b. Mr. Winston directed the Board's attention to the TODD information packet. He mentioned his desire to detail the highlights of the ordinance, stating that the purpose and the intent of the ordinance were extremely important. He went on to explain the highlights, including its adjacency to the Metro -rail station, the 1500 foot radius of the district to the west of the station, pedestrian walking distance, high density use, encouragement of new employees to locate in the area, a population that lives and commutes to the area via mass transit, and the linkage to major employment centers (Jackson, U.M., downtown). c. Mr. Winston continued by stating the goals of the district, which included: the encouragement of rental residential units to service employment centers along the rail line. He noted that the critical mass of residential units would then create demand for retail and service industries, such as grocery stores, barber shops, dry cleaners, etc. Mr. Winston also commented that there is a need for additional professional offices, especially around the hospital. He said that it was important for the City to take advantage of this demand and increase the tax base. d. Mr. Winston presented the design issues of the TODD. He stated that to promote development regulations must be developer - friendly. Parking and convenience issues are answered by market forces and the developer, not the ordinance. Mr. Winston explained that to be developer friendly there must be a bonus package. He further explained that the bonus package allows the builder additional bonuses for development in exchange for things done for the City, allowing this plan to be more workable. e. Mr. Winston then went on to comment on one of the major elements of the bonus package, the pedestrian walkway system. Mr. Winston stated that the pedestrian walkway system moves people from activity areas to the transit system on a clean, safe, and well- maintained path. Mr. Winston explained that by providing (paying for) sections of this pedestrian walkway system, the developer would receive bonuses, such as the ability to build additional stories above the permitted four stories, additional area, or reduced parking. f. After introducing key elements of the proposed TODD ordinance, Mr. Winston explained the proposed ordinance item -by -item, as follows: 1. Mr. Winston stated that the definitions in the proposed ordinance reflect the definitions found in the Hometown Plan. He then noted the three major uses permitted in the proposed district are residential, commercial, and light industrial. 2. Mr. Winston discussed the parking requirements of the proposed ordinance. He stated that they follow existing Land Development Code regulations; except, there is no minimum parking requirement within 1200 feet of the Metro -rail station for residential uses, and parking garages, free - standing or in the rear of a building, are permitted as uses. 3. Mr. Winston commented that any site in excess of 40,000 square feet qualifies as a large scale development, and that no single use in this district can exceed a gross floor area of ��� PBMin 3 -I1 -97 2 80,000 square feet. Mr. Winston noted that this regulation would prohibit big box retailers. 4. Mr. Winston explained that the maximum allowable height in the proposed district is 8 stories. He said that the permitted height is four stories; in order to exceed the permitted height and build to 8 stories, the developer must fulfill the bonus requirements. Mr. Winston then went on to explain the bonus page of the proposed TODD ordinance. 5. Mr. Winston then noted the street standards of the proposed ordinance, stating that all regulations follow those of the Hometown District or Land Development Code. Mr. Winston then described the series of drawings attached to the proposed ordinance which display the permitted uses and dimensional requirements of the three use categories found in the TODD. g. John Lefley commended Mr. Winston on a professional job. Mr. Lefley then inquired whether Mr. Winston was aware of various transportation studies of which Mr. Lefley had knowledge which showed that proximity to the Metro -rail station does not drastically reduce dependence on the automobile. Mr. Lefley commented that in his opinion there are only three Metro rail station that involve any walking: the Government Center, Jackson Station, and Dadeland South. Mr. Lefley also inquired as to what mechanism the City should use to redevelop light industrial properties with minimal street frontage. h. Mr. Winston responded to Mr. Lefley's inquiries. Mr. Winston commented that the only station with the ability to promote transit oriented development is the City of South Miami because of the strong commercial base provided by the hospitals, the strong residential character of the City of South Miami, and the 0% vacancy in residential apartment buildings. He further commented that this is not going to be something that happens overnight, but as traffic congestion intensifies and the plan is implemented, change will occur. Mr. Winston stated that a property with 50 foot frontage in the industrial zone would have some problems, but that this was not a major problem because many of the properties in the area were under common ownership and that workable solutions could be attained with 75 foot frontages. i. Mr. Lefley commented that the process of implementing the pedestrian walkway system was too slow and that there could be gaps in the system. j. Mr. Winston responded by stating that a developer building an eight story building would have to build 9,000 linear feet of walkway, and the Planning and Zoning Department would be responsible for the location of the walkways; therefore, the potential problems identified by Mr. Lefley would be averted. k. Mr. Lefley asked why there are currently vacant sites in the area around SW 62 AVE and Sunset Drive. Mr. Lefley also commented on the proposed ordinance giving parking bonuses in an area already encountering a parking problem. 1. Mr. Winston stated that buildings can be vacant because there is not enough space per floor, inadequate parking, and mismanagement. Mr. Winston commented that parking problems could be alleviated through various mechanisms, including apartment buildings and a free - standing parking garage. m. Mr. Lefley expressed concern over who reviews large scale developments and the buffering between TODD and residential areas near SW 62 AVE. PB Min 3 -11 -97 3 ' n. Mr. Winston commented that the large scale developments would be reviewed by the Planning Staff. o. Mr. Mackey stated that the existing residential area surrounding TODD is buffered by the Residential Office Zoning District along SW 63 AVE. 3. Public hearing was opened. a. Mr. David Tucker Sr., of 6556 SW 78 Terrace, signed in to speak before the Board. Mr. Tucker noted that problems are not to be feared and should be faced; therefore, he proposed that there should be a series of meetings and workshops so that TODD could be well understood. He explained that in order for TODD to be effective it must be supported by the population. b. Ms. Margaret Hamden, of 7400 SW 68 Court, signed in to speak before the Board. Ms Hamden requested the Board to table the proposed ordinance, stating that the City was currently incapable of properly evaluating or implementing it. Ms. Hamden cited impending elections and inadequacies of staff to support her request. Ms. Hamden also commented that although the pedestrian walkway system may look good on paper, it will not work because it requires further study. c. Mr. Babe Elias approached the Board to speak; however, he did not sign in for the record. He commented that the City's inspectors were more than adequate. Mr. B. Elias stated that he made a proposal for a building pursuant to the proposed TODD ordinance to the Principal Life Insurance Fund, a large money lender, and they deemed the project infeasible. d. Ms. Linda Tobin, of Orr's Pond, signed in and spoke before the Board. Ms. Tobin expressed her belief that the proposed TODD ordinance is inadequate by explaining the failures of another City district, the Hometown District. Ms. Tobin stated that the combination of over regulation, lack of parking, and high rental rates will make the TODD district a failure; unless, market forces are allowed to operate, and adequate parking is provided. She opined that the walkway system would not work because the added cost of development would increase rental rates and people will not walk just because there is a walkway. e. Ms. Doris Hall signed in to speak before the Board. Ms. Hall spoke against the proposed ordinance; stating that existing needs and the will of the people were going unfulfilled. Ms. Hall cited the Hometown Plan and the Moss Traffic Plan. She expressed her belief that the locations of the proposed CRA and the proposed TODD were "coincidental." She also said that there was ground contamination within the proposed TODD. f. Carter McDowell, representing Jeffrey Weiss, signed in and spoke before the Board. Mr. McDowell described the process of developing and implementing TODD as lengthy, stating the process had started in 1995. He further stressed that TODD provisions are already in the City of South Miami's Comprehensive Plan, and that the City must implement TODD to comply with the comprehensive plan. Mr. McDowell stated that parking is needed in the TODD area. He suggested that the language of paragraph six of subsection D should be modified to: "The ground floor [of a garage] on the sides facing any street shall may contain any uses indicated on the permitted ground floor uses in Sec. 20 -8.5." Mr. McDowell inquired as to the estimated cost of the pedestrian walkway system. PB Min 3 -11 -97 4 & g. Mr. Winston answered $546 per linear foot. h. Mr. McDowell stated that Mr. Winston's estimate was probably too low. Mr. McDowell expressed his belief that free - standing garages were a good thing; but, he stated that they should be allowed to develop to eight stories outright because it is not economically feasible for them to pay for the pedestrian walkway system. He concluded by supporting the TODD ordinance, and stating that it should be adopted because it is implementing the comprehensive plan. i. Mr. Albert Elias, representing 7150 SW 62 AVE, signed in and addressed the Board. Mr. Elias commended Mr. Winston on the job he has done. He expressed his concurrence with those who had identified parking as a major problem in the TODD. He stated that the City of South Miami has a reputation for not having a business friendly atmosphere. Mr. Elias stated that the economic conditions would make the proposed TODD ordinance infeasible. Mr. Elias concluded by expressing his beliefs that people will not give up their cars for mass transit and only five or six properties within the TODD could be developed to eight stories. 4. Public hearing was closed. a. Mr. Lefley asked Mr. Elias the following series of questions: Will the ordinance allow developers to build? Should the City use eminent domain? Is the most viable use in the area medical office? Why do we not build eight stories on City Hall? Why are there vacancies? b. Mr. Elias responded to these questions with the following statements: Developers should be allowed to build to eight- stories wherever parking allows for it, and they should not build where parking is inadequate, period. The City has the right to use eminent domain, but he hopes that it does not. Yes, medical office is the most viable use for the area around Sunset Drive and SW 62 AVE. There are vacancies because the City has the reputation of being hostile to developers. Mr. Elias concluded by stating his disbelief in Mr. Winston's cost estimate of the pedestrian walkway system. c. C. Thorner expressed her concern that the issues could not be resolved in one night. d. K. Zeller commented that all she had heard was the rejection of the plan, noting that no one was offering constructive criticism to enhance the plan. e. A. Dupree stated her support for the ordinance. She noted that the complaints she heard were not reason enough to deny the ordinance. She commented that the metro -rail area and the post office should be improved. She also asked for clarification on the deadline for approval of the TODD ordinance. f. Mr. Mackey responded to Ms. Dupree's request for clarification by stating that the deadline for adoption of a TODD ordinance was April 16, 1997, and if the City fails to adopt an ordinance it will not be in compliance with State law. He expressed his belief that the City staff and the Board should be time sensitive. He also expressed his concern that not passing an ordinance would open the City up to third -party litigation. PB Min 3 -11 -97 5 �� g. Ms. Dupree commented that more meetings would probably not solve the problems. h. Ms. Thorner asked if her belief that the items in the ordinance, if passed, were not written in stone. i. Everyone agreed. j. Mr. Basu expressed his disappointment that Mr. Winston had not presented site specific examples of how the proposed TODD ordinance would work. k. Mr. Winston produced and then demonstrated some theoretical site plans. 1. Ms. Zeller asked Mr. Winston if he had taken the site plans to the bank for financial approval, stating that the Board needed proof that the ordinance could work. m. Mr. Winston answered that he had not, and that his site plans were just space tests. n. Mr. Basu stated that traffic studies were necessary to gauge the impact that eight -story buildings would have on the area. o. Mr. Winston noted that any project over 40,000 square feet is required to go before the Planning Department. p. Mr. Basu began a detailed analysis of the ordinance, noting the following concerns: providing no parking for residential units is a mistake; assuming that developers will be sophisticated is a mistake; cars are a reality; 37 units per acre may be too dense; high -rise residential may be undesirable; underground parking should not be allowed to the build -to line; 18 inches, the distance from the arcade to the curb line, may be too small; standing garages are good, but the ground level has to promote pedestrian activity at the street level; the generosity of the bonuses is too high; the pedestrian walkway system must be properly planned; public plazas and public space should be a requirement, not a bonus; arcades should be discontinuous and exhibit variety; arcades should not be required; arcades are a disaster for retailers; awnings and arcades are not needed on Commerce Lane; 100 feet of building height will not allow eight -story buildings; residential units on the ground -level should be allowed; the double negative on page S; questioning the definition of convenience store, the "good of general store" should be promoted; and, sections E &F on page 8 should be one section. q. Mr. Winston suggested that any bonuses should be approved by the Planning Department; therefore, allowing the City to verify that the bonus system is working properly. r. Mr. Basu stated that all bonuses should come before the Planning Board. Mr. Basu noted all of his concerns and recommendations for the bonus page; the building of arcades should not result in a parking reduction; underground parking is a valid idea as long as it is not permitted to the build -to line; the parking reductions for more than two uses and more than three uses is excessive; for every one floor of residential use the developer should receive a bonus floor of residential use, but with a parking requirement; providing a public walkway should receive the ability to build another floor; developing full frontage with street design should permit a 20% parking reduction; the pedestrian walkway system should be deleted; and, a 40% parking reduction for the development of "cross - thru's" is excessive. 01 PB Min 3 -11 -97 6 /� s. Mr. Winston suggested that if the pedestrian walkway system is removed, then underground parking yields a floor, plaza yields a floor, developing the full frontage of the street in accordance with the street design yields a floor, and developing a "cross thru" yields a floor; therefore, it is still possible for the developer to build to eight stories. t. Mr. Mackey recommended that four -story projects be allowed to build an additional four stories of parking, so long as that parking is not required parking for the four -story project. u. Mr. Basu commented that parking garages should be regulated by levels rather than stories. He also suggested that there should be a pre - planned walkway system. v. Mr. Winston added that maintenance covenants should be required for public plazas. w. Mr. Lefley stated that he could not absorb all of the information until a new draft was made. 5. Motion: Mr. Lefley moved to defer the proposed ordinance until a new draft was prepared. Ms. Thorner seconded the motion. 6. Vote: Approved: 2 Opposed: 3 (Ms. Dupree) (Ms. Thorner) (Mr. Basu) 7. Motion: Ms. Dupree moved to recommend the proposed ordinance for approval with the following changes: a. Amend the residential parking requirement to a minimum of 1 car /unit. b. The developer can only build as many units as can be provided with parking. c. Residential use is permitted on the ground floor. d. Change the first sentence of Section 20- 8.7(A) to read: "All Retail and Wholesale trade use as indicated in Sec.20 -3.3 except the following uses." e. Section 20- 8.8(D)(6) should include language which allows for up to six levels of parking; the last sentence should not mandate that the street facades of the garage look like commercial office buildings; and, the third sentence should read "The ground floor on the sides facing any street May contain any uses indicated on the permitted ground floor uses in Sec. 20 -8.5." f. Sites in excess of 40,000 square feet have to be reviewed by the Board. g. The sentence stated in Sec. 20- 8.9(F) shall be placed under (D), and (F) shall be deleted. h. The following changes were made to the bonus sheet: 1. The "Action," "More than two uses," and its corresponding "Bonus" were deleted. 2. The "Bonus" for the "Action," "More than three uses," was reduced to a 20% parking reduction. PB Min 3 -I1 -97 1s' 3. The "Action," "Over the...," and its corresponding "Bonus" were deleted. 4. The "Bonus" for the "Action," "For every 1 floor of residential use," was changed to state "1 additional floor of residential use with minimum parking requirements." 5. The "Bonus" for the "Action," "Public plaza...," was changed to "1 additional floor." 6. The "Bonus" for the "Action," "Develop full frontage with street design...," was changed to" 1 additional floor." 7. All "Actions" and "Bonuses" concerning the development of a street length of pedestrian walkway were deleted. S. The "Bonus" for the "Action," "Develop cross - thru...," was changed to "1 additional floor." L Public plazas and "cross - thru's" are to have maintenance covenants. j. Parking is an additional use and is permitted to four levels. Mr. Basu commented that mobility has increased sprawl over time, but that higher densities still occur around transit centers whether you plan for it or not. Ms. Zeller seconded the motion. S. Vote: Approved: 5 Opposed: 0 PB Min 3 -11 -97 8 /IS 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, April 1, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following described ordinance(s): -1. - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ' THE STATUS OF WOMEN; ESTABLISHING THE CITY OF MIAMI DAILY BUSINESS REVIEW SOUTH MIAMI COMMISSION ON THE STATUS of Published Daily except Saturday, Sunday and WOMEN; PROVIDING FOR. SEVERABILITY; ORDINANCES . L S I4NQ-A I Holidays IN CONFLICT N"EFFEC'!'IVE "DATE (lit= %-me fill Miami, Dade County, Florida. March 18, 1997) _ ,.- STATE OF FLORIDA COUNTY OF DARE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO Before the undersigned authority personally appeared AN AMENDMENT OF SECTION 20 -3.5G OF THE LAND Octelma V. Ferbeyre, who on oath says that she Is the DEVELOPMENT CODE TO INCREASE THE MAXIMUM _ Supervisor, Legal Notices of the Miami Dally Business FLOOR AREA RATION [FAR] FOR THE'RO' RESIDENTIAL, Review Vk/a Miami Review, a daily (except Saturday, Sunday OFFICE ZONING DISTRICT FROM THE CURRENT 0.25 TO and Legal Holidays) newspaper, published at Miami in Dade 0.30, IN ORDER TO COORDINATE THE MAXIMUM County, Florida; that the attached copy of advertisement, BUILDING COVERAGE REGULATION OF 0.30; PROVIDING being a Legal Advertisement of Notice in the matter of FOR - SEVERABILITY; PROVIDING' FOR ORDINANCES IN ' CITY OF SOUTH MIAMI CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. NOTICE OF PUBLIC HEARING (1st Reading - February 1.8,1.997)' - AN ORDINANCE RELATING TO THE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION STATUS OF WOMEN, ETC. OF THE CITY OF SOUTH MIAMI,. FLORIDA, AMENDING 4/1/97 THE LAND DEVELOPMENT CODE, BY CREATING A NEW SUB - SECTION 20.8, IN ORDER TO CREATE A TRANSIT- ORIENTED DEVELOPMENT DISTRICT [TODD]; PROVID- in the ................. .. ..... } F} F. K.X...................................... Court, ING FOR NEW AND REVISED PERMITTED USES; was published 16 said newspaper In the issues of PROVIDING FOR BUILDING HEIGHTS UP TO. EIGHT - Mar 21 1997 STORIES IN THE TRANSIT- ORIENTED DEVELOPMENT DISTRICT (TODD); PROVIDING FOR A LEGAL DESCRIP- TION, AMENDING THE OFFICIAL ZONING MAP; PROVID- ING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND, PROVIDING FOR AN EFFECTIVE Afflantfurther says that the said Miami Daily Business DATE. (1 st Reading - February 4. 1997) Review Is a newspaper published at Miami in said Dade AN ORDINANCE OF THE MAYOR AND CITY COMMISSION County, Florida, and that the sold newspaper has heretofore OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO been continuously published in said Dade County, Florida, CREATION OF SECTION 20- 3.3(E) AND AMENDMENT OF each day (except Saturday, Sunday and Legal Holidays) and SECTION 20 -7.29 (A) (B) ® OF THE LAND DEVELOPMENT, has been entered as second class mail matter at the post IN ORDER TO PERMIT OUTDOOR CAFES ON PUBLIC office In Miami In said Dade County, Florida, for a period of AND PRIVATE PROPERTY FOR ALL BUSINESS DIS- one year next preceding the first publication of the attached TRICTS IN THE CITY WITH THE EXCEPTION OF THE 'RO' copy of advertisement; and afflant further says that she has RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING neither paid nor promised any peso r corporation FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN any disco ,rebate, commisal6 nd t the purpose CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 1st newseu g s advertlssm r ubllcetl n In the said Reading - February 18, 1997) pe Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. _ Inquiries concerning these items should b_ a directed to the Planning Sw M to and subscribed before me this Department at: 663 -6347. 21 March 97 ....... y Of...... D.19...... ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk (SEAL) •.•.,. p J ?�� JAt [TTf l.i_ERE�IAL City of South Miami coaunsscri nUFAG e.9 Pursuant to Florida Statutes 286.0105, the City hereby advises the Octelma V. Ferbeyr jie n to r)e.0 5 S G C 0 4 public that if a person decides to appeal any decision made by this � - , Board, Agency or Commission with respect to an matter considered MY COM1,tI,�IDtI EXP QE., y OF f! O JUNE 23,2000 at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 3121.. 97- 3- 032126M v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor ity Commission Date: March 21, 1997 Agenda Item # From: L. Dennis Whitt Re: Comm. Mtg. 04/01/97 City Manager Citywide Cafe Ordinance REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29 (A), (B) AND (C) OF THE LAND DEVELOPMENT, IN ORDER TO PERMIT OUTDOOR CAFE S ON PUBLIC AND PRIVATE PROPERTY FOR ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On January 7, 1997, the City Commission instructed the City Administration to formulate a draft ordinance to permit outdoor cafes on public and private property for all business districts within the City, with the exception of the "RO" Residential Office zoning district. Per the Hometown District Overlay Ordinance, the City now permits sidewalk cafes and outdoor dining uses; however, such uses are only permitted at three locations in the Hometown District. Due to the success of the currently permitted sidewalk cafes, mainly located on Dorn Avenue, other business owners and property owners in the Hometown District and in other commercial areas of the City have inquired of the City regarding permitting outdoor cafes at other locations. The proposed ordinance would permit sidewalk cafes and other outdoor seating and dining uses in all of the commercial zoning districts in the City of South Miami with the exception of the "RO" Residential Office zoning district. Sidewalk cafe uses and restaurant establishments are not appropriate for the Residential Office zoning district and are not proposed for this district. In addition, upon review of the concerns raised by local business owners, City Administration is recommending that the current fees for such uses be restructured. Revised fees are included in the proposed, draft ordinance for consideration by the City Commission. On March 11, 1997, the Planning Board voted 5:0 to recommend approval of the ordinance. RECOMMENDATION: Approval. Attachments: Proposed Ordinance for Adoption Photocopy of Ordinance No. 9 -95 -1582 Excerpted Planning Board Minutes from March 11, 1997 City Manager's Report: Citywide Cafd Ordinance 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF 6 SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29 7 (A), (B) AND (C) OF THE LAND DEVELOPMENT, IN ORDER TO 8 PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR 9 ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION 10 OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT; 11 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 12 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, on October 19, 1993, the City Commission voted to 16 adopt Ordinance No. 19 -93 -1545, the Hometown District Overlay 17 Ordinance, which created pre- approved outdoor dining locations on 18 both public and private property, in order to provide for the 19 creation of sidewalk and other outdoor cafe operations; and, 20 21 WHEREAS, on July 18, 1995, the City Commission voted to 22 adopt Ordinance No. 9 -95 -1582 which created Section 20 -7.9 of the 23 Hometown District Overlay Ordinance to provide for a method to 24 permit and regulate outdoor seating /dining uses and areas; and, 25 26 WHEREAS, only three locations within the Hometown District 27 are approved to operate outdoor seating /dining operations and 28 such use is not permitted anywhere else within the City; and, 29 30 WHEREAS, entrepreneurs and property owners in the Hometown 31 District and in other commercial areas of the City have from time 32 to time expressed a desire to operate sidewalk cafes and other 33 outdoor seating /dining establishments on the premises of their 34 commercial properties which are not part of the three locations 35 currently permitted under the Hometown District; and, 36 37 WHEREAS, the City Commission desires to create, promote and 38 encourage an environment which offers equal opportunities for all 39 commercial business owners and property owners within the City. 40 41 WHEREAS, the City Administration is recommending that the 42 current fee for Outdoor Seating /Dining Uses be amended; and, 43 44 WHEREAS, the Mayor and the City Commission find that it is 45 in the public interest to offer equal opportunity in the City. 46 Citywide Caf6 Ordinance: 2nd Reading April 1, 1997 =/6 I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 5 Section 1. Section 20 -3.3 (E) is created to read as follows: 6 7 (E) Outdoor Seating /Dining for All Commercial Properties, except 8 for properties in the "RO" Residential Office zoning district 9 10 (1) An application must be filed which shall include layout of all 11 tables, chairs, benches, and other furniture; pedestrian ingress 12 and egress; location of refuse containers; and other elements 13 necessary to illustrate the proposed outdoor seating /dining use 14 and area (all drawings must be titled, indicate orientation, and 15 be at an acceptable scale). 16 17 (2) Outdoor seating /dining areas and uses of the public right -of -way 18 and /or any private property may be approved, denied, or approved 19 with conditions, modifications, safeguards, or stipulations 20 appropriately and reasonably related to the intent, purposes, 21 standards, and requirements of the related regulations, by the 22 City Manager. Such permit shall not be transferable in any 23 manner, and is strictly a conditional use permit, issued for a 24 period of one year, renewable annually via payment of the annual 25 occupational license fee for such outdoor seating /dining uses. 26 27 (3) The fee for outdoor dining /seating use and area will be waived 28 for the first year of operation, and shall be charged annually in 29 the amount of $250.00; the permit fee shall be added to the 30 occupational license fee for the main business. 31 32 (4) The applicant shall provide an Indemnity Agreement that is 33 acceptable to the City Manager. This agreement will include 34 specification of liability insurance provided. 35 36 (5) The conditional use permitting of outdoor seating /dining use and 37 area may be revoked by the City Manager upon finding that one or 38 more conditions of these regulations have been violated, or that 39 the outdoor seating /dining area and use are being operated in a 40 manner that constitutes a public nuisance, or in any way that 41 constitutes a reasonable risk of potential liability to the City. 42 43 (6) Outdoor seating /dining use and area may be temporarily suspended 44 by the City Manager for public use /purpose, utility, sidewalk or 45 road repairs, emergency situations or violations of provisions 46 contained herein. The length of suspension shall be determined 47 by the City Manager as necessary. Removal of all street 48 furniture and related obstructions shall be the responsibility of 49 the owner /operator of the outdoor seating /dining. 50 Citywide Caf6 Ordinance: 2nd Reading April 1, 1997 1 (7) Outdoor seating /dining area shall be kept in a neat and orderly 2 appearance and shall be kept free from refuse and debris. 3 4 (8) Outdoor seating /dining use and area shall not interfere with the 5 free and unobstructed pedestrian or vehicular circulation of 6 traffic, public access to any street intersections, crosswalks, 7 public seating areas and conveniences, bus stops, alleys, service 8 easements, handicap facilities, or access to any other commercial 9 establishments. The width and location of the passage is to be 10 determined by the City's Planning Division. 11 12 (9) Outdoor seating /dining area on the public rights -of -way shall be 13 open and un- enclosed. No building structures of any kind shall 14 be allowed in and over any portion of the outdoor seating /dining 15 area located on public property. 16 17 (10) Tables, chairs and all other furniture used in the operation of 18 an outdoor seating /dining area on the public rights -of -way shall 19 not be anchored or restrained in any manner. Individual table 20 umbrellas, planters, or other such non - stationary elements may be 21 permitted within the outdoor seating /dining area. 22 23 (11) Outdoor seating /dining use and area on public rights -of -way shall 24 be restricted to the length of the sidewalk or public right -of- 25 way immediately fronting the caf6 or other establishment. The 26 utilization of space extending on either side beyond the subject 27 property frontage may be authorized subject to annual written 28 consent provided by the property owners in front of whose 29 properties the outdoor seating /dining service would occur. 30 31 (12) Outdoor seating /dining area shall be at the same elevation as the 32 adjoining sidewalk or public right -of --way. 33 34 (13) Carts and trays for serving food are permitted in the outdoor 35 seating /dining area. 36 37 (14) Outdoor seating /dining use and area shall not be provided with 38 amplified sound of any kind. 39 40 Section 2. Section 20 -7.29 is amended to read as follows: 41 42 Sec. 20 -7.9 Outdoor Seating /Dining Uses and Areas 43 44— , 45 APP shall An application may be accepted for any proposed 46 siting of outdoor seating /dining uses and areas for any property 47 within the Hometown District, including, but not limited to those 48 areas which are designated as pre - approved on the Regulating Plan. 49 An application must be filed which shall include the layout of all 50 tables, chairs, benches, and other furniture; pedestrian ingress Citywide Cafe Ordinance: 2nd Reading April 1, 1997 /6 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 and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must,be titled, indicate orientation, and be at an acceptable scale) . At the - time -ef filing, the _ ppl ean_ must — sabmi-t- the - nenre-f dasl e- review fee e f $250.90. B. Outdoor seating /dining area and use of the public right -of -way and /or any private property may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent, purposes, standards, and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee for the outdoor seating /dining use. C. The fee for outdoor dining /seating use and area will be waived for the first year of operation of the subject property, and shall be charged annually in the amount of ten deilars —($!G -08) per- sefaa-re a, feet- ef �rdew�al� area $250; the a defined be��� - - - =d by _..._j_ ~_ -j- berder lines ineltiding all ., i g areas and ether -eleffienta inel,aded mot- the - eutdeer seating /dining area. The permit fee shall be added to the occupational license fee for the main business. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this lat day of April, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Citywide Cafe Ordinance: 2nd Reading April 1, 1997 c:\ — \ ldc \ Cafe- Ord.doc 16 �AUG 1995 U ORDINANCE NO. 9 -95 -1582 ........................... AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VII, HOMETOWN DISTRICT OVERLAY ORDINANCE, IN ORDER TO PROVIDE REGULATIONS FOR OUTDOOR SEATING /DINING USES AND AREAS; PROVIDING THE CITY MANAGER WITH POWERS OF APPROVAL AND REVOCATION; PROVIDING FOR POWERS TO BUILDING, ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT REGARDING DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO THE FEE CHARGED FOR LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted Ordinance No. 19 -93 -1545 which created a new Article VII of the Land Development Code of the City of South Miami, establishing a Hometown District Overlay District; and, WHEREAS, the Mayor and City Commission desire to further amend this ordinance to encourage and regulate outdoor seating/dining use; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That Article VII, Hometown District Overlay Ordinance, is amended by creating the following subsection: Sec. 20 -7.29 Outdoor SeatingJDining Uses and Areas A. In addition to the requirements of Sections 20 -7.3 and 20 -7.4, the ADP shall also include the layout of all tables, chairs, benches and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). At the time of filing, the Applicant must submit the non- refundable review fee of $250. B. Outdoor seating/dining area and use of the public right -of -way may be approved, denied, or approved with conditions, modifications, safeguards or stipulations appropriately and reasonably related to the intent, purposes, standards and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually. Outdoor Seating Ordinance Page # 1 / 6 i Ordinance No. 9 -95 -1582 I C. The fee for outdoor dining/seating use and area will be waived for the first year of operation of the subject property, and shall be charged annually in the amount of ten dollars ($10.00) per square foot of sidewalk area; the area shall be defined by imaginary border lines including all seating areas and other elements included in the outdoor seating/dining area. The permit fee shall be added to the occupational license fee for the main business. D. The applicant shall provide an Indemnity Agreement, which is acceptable to the City Manager. This agreement will include specification of liability insurance provided. E. The conditional use permitting of outdoor- seating/dining use and area may be revoked by the City Manager upon finding that one or more conditions of these regulations have been violated, or that the outdoor seating/dining area and use are being operated in a manner which constitute a public nuisance, or in any way constitute a reasonable risk of potential liability to the City. F. Outdoor seating/dining use and area may be temporarily suspended by the City Manager for public use /purpose, utility, sidewalk or road repairs, emergency situations or violations of provisions contained herein. The length of suspension shall be determined by the City Manager as necessary. Removal of all street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor seating/dining. G. Outdoor seating/dining area shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. H. Outdoor seating/dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial establishments. The width and location of the passage is to be determined by the Building, Zoning & Community Development Dept. I. Outdoor seating/dining area shall be open and unenclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating/dining area located on public property, except as allowed by Sections 20 -7.7 through 20 -7.11. J. Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area shall not be anchored or restrained in any manner. Individual table umbrellas, planters or other such non- stationary elements may be permitted within the outdoor seating/dining area. K. Outdoor seating/dining use and area shall be restricted to the length of the sidewalk or public right -of -way immediately fronting the cafe and/or restaurant establishment. The utilization of space extending on either side beyond the subject property frontage may be Outdoor Seating Ordinance Page # 2 14 Ordinance No. 9 -95 -1 - authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating /dining service would occur. L. Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk or public right -of -way. M. Carts and trays for serving food are permitted in the outdoor seating/dining area. N. Outdoor seating/dining use and area shall not be provided with amplified sound of any kind. SECTION 2. If any section, clause, sentence, or.phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. This ordinance shall take effect immediately at PASSED AND ADOPTED THIS 18* DA ATTEST: Ronetta- Taylor City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 1st Reading = June 13, 1995 2nd Reading- July 18, 1995 Neil C Mayor time of its passage. Y, 1995. MAYOR CAWER SS iC� ti,tl �`: :vlJliJ COWWISSIO; ER COOPER CO- MMISS10 91 CLNNINGHAM YEA �/ NAY YE4 NXI YEA NIM YEA NAY YEA NAY absent c:lwpdoc3lplwningVg)ort93.009 Outdoor Seating Ordinance Page # 3 /(0 EXCERPTED SUMMARY MINUTES Planning Board Regular Meeting Tuesday, March 11, 1997 City Commissioners' Chambers 7:30 P.M. III. Public Hearings D. ITEM: PB -97 -009 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29 (A),(B) AND (C) OF THE LAND DEVELOPMENT, IN ORDER TO PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 1. Mr. Basu read the request into the record. 2. Staff presented the application to the Board. a. Staff explained that the application would permit outdoor cafes and seating on public sidewalks in any commercial areas in the City, excluding Residential Office zoning districts, for a yearly fee of $250. 3. Public hearing was opened. 4. Public hearing was closed. 5. Motion: Mr. Lefley moved to recommend the application for approval as requested. Ms. Zeller seconded the motion. 6. Vote: Approved: 5 Opposed: 0 PBMin 3 -11 -97 1 14 Milk 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, April 1, 1997 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION ..OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ' MIAMI DAILY BUSINESS REVIEW G THE CITY OF SOUTHAMIASMI COMMISSONTAONS "THE STATUS OF Published Daily except Saturday, Sunday and WOMEN; PROVIDING FOR SEVERABILITY; ORDINANCES. Legal Holidays IN CONFLICT­AND.AN I`F'FECYN1E DATE, (VA -JVaI , Miami, Dade County, Florida. March 18, 1997) STATE OF FLORIDA COUNTY OF DADE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO Before the undersigned authority personally appeared AN AMENDMENT OF SECTION 20 -3.5G OF THE LAND Octelma V. Ferbeyre, who on oath says that she Is the DEVELOPMENT CODE TO INCREASE THE MAXIMUM Supervisor, Legal Notices of the Miami Dally Business FLOOR AREA RATION [FAR] FOR THE'RO' RESIDENTIAL..,, - Review f!kta Miami Review, a daily (except Saturday, Sunday OFFICE ZONING DISTRICT FROM THE CURRENT 0.25 TO ' and Legal Holidays) newspaper, published at Miami in Dade .0.30, IN ORDER TO. COORDINATE THE MAXIMUM County, Florida; that the attached copy of advertisement, BUILDING COVERAGE REGULATION OF 0.30; PROVIDING being a Legal Advertisement of Notice In the matter of FOR SEVERABILITY; PROVIDING' FOR ORDINANCES IN ' CITY OF SOUTH MIAMI CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. NOTICE OF PUBLIC HEARING (1st Reading - February 18, 1997)' - AN ORDINANCE RELATING TO THE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION STATUS OF WOMEN, ETC. OF THE CITY OF SOUTH MIAMI,. FLORIDA, AMENDING 4/1/97 THE LAND DEVELOPMENT CODE, BY CREATING A NEW SUBSECTION 20-8, IN ORDER TO CREATE A TRANSIT - ORIENTED DEVELOPMENT DISTRICT [TODDJ; PROVID- In the ........................ X. X}{ XX...................................... Court, ING FOR NEW AND REVISED PERMITTED USES; _ was published In said newspaper in the Issues of PROVIDING FOR BUILDING HEIGHTS UP TO. EIGHT- ; STORIES IN THE TRANSIT - ORIENTED DEVELOPMENT Mar 21, 1997 DISTRICT (TODD); PROVIDING FOR A LEGAL DESCRIP- TION; AMENDING THE OFFICIAL ZONING MAP; PROVID- ING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND, PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading - February 4,1997) Attlant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade AN ORDINANCE OF THE MAYOR AND CITY COMMISSION County, Florida, and that the said newspaper has heretofore OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO been continuously published In said Dade County, Florida, CREATION OF SECTION 20- 3.3(E) AND AMENDMENT OF each day (except Saturday, Sunday and Legal Holidays) and SECTION 20 -7.29 (A) (B) © OF THE LAND DEVELOPMENT, has been entered as second class mall matter at the post IN ORDER TO PERMIT OUTDOOR CAFt=S ON PUBLIC office In Miami In said Dade County, Florida, for a period of AND PRIVATE PROPERTY FOR ALL BUSINESS DIS- one year next preceding the first publication of the attached TRICTS IN THE CITY WITH THE EXCEPTION OF THE'RO' copy of advertisement; and aftlant further says that she has RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING neither paid nor promised any perso r corporation FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN any disco ,rebate, commissio and t the purpose of secu g s advertlsem r ubllcatl n In the said CONFLICT; AND PROVIDING AN EFFECTIVE DATE.(ist news per . Reading -February 18. 1997) Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the Planning Sw m to and subscribed before me this Department at: 663 -6347. 21 March 97 _ ....... ay of...... ,D.19...... ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC ••••• City - �� i� OF ICtAL ttoT,a� y SEA � JAf.ETT 1 EA (SEAL) ' • .LERENA South City of South Miami CoMOG&CN NureeEn Pursuant to Florida Statutes 286.0105, the City hereby advises the Octelme V. Ferbeyr teribrfaTfyicn n to „ ., �;�• ., � ^�°'C5�6,.04 public that if a person decides to appeal an decision made b this Pu Pe PPe Y Y T�0 MY COMPASSION EXPIRES Board, Agency or Commission with respect to any matter considered FLOC JUNE 23,2000 at its meeting or hearing, he or she will need a record of the proceed - Ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 3121 97- 3- 032126M To: From: CITY OF SOUTH MIAMI ©INTER-OFFICE MEMORANDUM Mayor ity Commission - l�Xi�bG� L. Dennis Whitt City Manager REQUEST: Date: March 20, 1997 Agenda Item # Re: Comm. Mtg. 04/01/97 Habitat Variances Resolution A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR FRONT SETBACK, REAR SETBACK, STREET SIDE SETBACK AND BUILDING COVERAGE VARIANCES, PURSUANT TO SECTION 20- 5.9(G) OF THE LAND DEVELOPMENT CODE, REGARDING TI-iE PROPERTY LOCATED AT 6290 sw 60 AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: Detailed study of subject property and surrounding neighboring properties is contained in the Planning Board Staff Report [attached] prepared by Gregory J. Oravec, Planning Technician. HARDSHIP STATEMENT REQUIRED: [found on page 112 of the Land Development Code] Section 20 -5.6 (C) requires that "All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based." NATURE OF THE HARDSHIP: [found on page 135 of the Land Development Code] The nature of the required hardship is explained by language in Section 20-6. 1 (B)(3)(h), which enumerates the powers and duties of the Planning Board and includes the following: Recommendations for a variance shall he made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. City Manager's Report: Habitat Variances Resolution 1 ANALYSIS: The traditional legal concept of hardship is well summarized in the attached document excerpt entitled, What is Hardship ?, taken from the Metropolitan Dade County's publication entitled, Zoning Handbook. This summary is provided as part of the variance application packet in order to give an understanding to potential applicants of the basic concept and dynamics of a hardship. The property is a sub - standard lot of record with inadequate frontage and lot area. Setbacks for the district were designed to accommodate housing on a minimum lot with 60 feet of frontage and 6,000 square feet of lot area. Inadequate frontage or lot area are considered minimum conditions for hardship. Staff recommends approval of the request with the condition that the property be developed by means of standard concrete block and stucco [CBS] construction. The Planning Board voted 5:0 to recommend approval of the four requested variances. RECOMMENDATION: Approval. Attachments: What is Hardship? Document Excerpt Resolution for Public Hearing and adoption Planning Board Staff Report by Gregory J. Oravec Letter of Intent from Habitat for Humanity Letter of Conveyance from Metro Dade County Site Plan Submitted by Habit for Humanity Survey Submitted by Habit for Humanity Zoning Petition Submitted with Signatures Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) March 11, 1997 Excerpted Planning Board Minutes City Manager's Report: Habitat Variances Resolution 2 ". WHAT IS HARDSHIP? In determining what is a hardship, one criterion is paramount. The "hardship" must be inherent in the land and not based on the people involved or the circumstances in which they find themselves. A classic example of a hardship concerns a lot, which, because of a peculiar shape or an extreme topographical feature, is virtually unbuildable under the yard requirements of the ordinance. This amounts to a defect in the land which deprives the owner of a right enjoyed by all other owners of adjoining lots. The special conditions which must be found are those which apply uniquely to the property in question and which prevent its being used in the same way as other properties in its vicinity or in the zoning district. Under these conditions, the granting of a variance would not allow a special privilege not enjoyed by other property in the same vicinity or zone. The conditions must be so unusual that the ordinance, as applied to the particular property, would probably.be invalid in that a reasonable use of the property is not allowed. An "unnecessary" hardship is one which is not required in order to accomplish the objectives of the zoning ordinance. Some hardship (or limitation of privilege) is unavoidable. For example, restrictions against commercial use of property in a residential district is not an "unnecessary" hardship, for it is the clear intent of the zoning ordinance to so restrict all property in the district for the benefit of the community. Similarly, mere economic loss is not a valid hardship, particularly if the same loss applies generally to other properties in the district. Hardship cannot be self - imposed. The owner of a building constructed in violation of the regulations could not claim "hardship" in being required to remove it. Ignorance of the existence or application of zoning regulations does not constitute legally recognizable hardship.... The variance should never be used to correct improper zoning. The hardship may be real and unnecessary, but, it is also general, the proper approach is through a change of zoning by the legislative body, the City Commission.... As established by Florida's general municipal zoning enabling act, there must be special conditions in a specific case; the hardship must be unnecessary and the variance, if granted, must not be contrary to the public interest. The latter can be interpreted to mean "not contrary to the comprehensive plan" as outlined in the zoning ordinance. Excerpted from Metropolitan Dade County, Florida, ZONING HANDBOOK, Atlanta: Harland Bartholomew and Associates; September, 1965. E ,� 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, FLORIDA, RELATING TO A REQUEST FOR FRONT SETBACK, REAR SETBACK, STREET SIDE SETBACK AND BUILDING COVERAGE VARIANCES, PURSUANT TO SECTION 20- 5.9(G) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 6290 SW 60 AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Habitat for Humanity of Greater Miami, Inc. has made application for variances from Section 20 -3.5 E of the Land Development Code pursuant to Section 20- 5.9(G), in order to allow a front setback of ten feet two inches (101211) where a twenty - five foot (251) setback is required, a rear setback of twenty -two feet (221) where a twenty -five foot (251) setback is required, a street side setback of seven feet two inches (71211) where a fifteen foot (151) setback is required, and building coverage of 38.6% where 30% is the maximum permitted, on property located in the RS -4 Single - Family Residential zoning district; and, WHEREAS, subject property is located at 6290 SW 60 Avenue; South Miami, Florida, 33143, and is legally described as follows: Lot 89, Block 15, Less the South 10.00 Feet thereof, "FRANKLIN SUBDIVISION," according to the plat thereof as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida; and, WHEREAS, Planning Division staff recommended approval of the application for a variance upon evaluating the application for (a) consistency with the Comprehensive Plan and (b) compliance with the hardship requirement contained in Section 20 -5.9 (C) of the Land Development Code; and, WHEREAS, on March 11, 1997, the Planning Board voted 5:0 to recommend approval of the four variances; 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: Habitat Variances Resolution: Public Hearing April 1, 1997 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 Section 1. The application submitted by Habitat for Humanity of Greater Miami, Inc. for a variance from Section 20 -3.5 E of the Land Development Code, in order to allow a front setback of ten feet two inches (1012 ") where a twenty -five foot (251) setback is required, a rear setback of twenty -two feet (221) where a twenty -five foot (251) setback is required, a street side setback of seven feet two inches (712") where a fifteen foot (151) setback is required, and building coverage of 38.6% where 30% is the maximum permitted, on property located in the RS -4 Single - Family Residential zoning district, is hereby granted. Section 2. This approval is subject to and dependent upon construction of the proposed single- family residential house in conformity with the layout depicted in the submitted site plan. Section 3. The applicant hereby agrees to construct the proposed single- family residential structure by means of standard concrete block and stucco [CBS] construction methods. Section 4. The City Manager may revoke this approval upon a determination that the provisions of this resolution have been violated or any violation is occurring at the subject property or related property that is not in compliance with this resolution. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicants compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 10` day of April, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Habitat Variances Resolution: Public Hearing April 1, 1997 CITY OF SOUTH MIAMI s © INTER - OFFICE MEMORANDUM To: Brian T. Soltz Date: February 19, 1997 Planner From: Gregory J. Oravec Re: Habitat for Humanity Planning Technician Request for 4 Variances ITEM: PB -97 -008 Applicant: Habitat for Humanity of Greater Miami Request: Variances from Section 20 -3.5 E of the Land Development Code, Dimensional Requirements in the RS -4 "Single- Family Residential" zoning district, to allow the following: 1. a front setback of ten feet two inches (10'2 ") where a twenty -five foot (25') setback is required . 2. a rear setback of twenty -two feet (22') where a twenty -five foot (25') setback is required. 3. a street side setback of seven feet two inches (72 ") where a fifteen foot (15') setback is required. 4. a building coverage of 38.6% where 30% is the maximum building coverage. Location: 6290 SW 60 Avenue, South Miami, FL 33143 BACKGROUND The subject property is located in the Franklin Subdivision. Habitat for Humanity has a strong presence in this subdivision and the surrounding area (see attachment I), as evidenced by the following. 1. Habitat for Humanity has built eight homes in the area. 2. There are four homes currently under construction. 3. Habitat for Humanity hopes to construct four more homes. The Franklin Subdivision and the subdivisions in the surrounding area are characterized by substandard lots (see attachment II) which often make it difficult to build a home within a conforming building envelope. This problem is exacerbated by the fact that the City of South Miami's Land Development Code requires a zoned right -of -way of 50 feet r� for all residential roads. Therefore, these substandard lots are effectively made smaller because setbacks and building coverage figures are calculated by utilizing zoned right -of- way lines. Of the twelve Habitat -homes constructed or permitted for construction, eight have required variances. ANALYSIS The subject property is a substandard lot with an area of 4,500 square feet. The lot is 50 feet wide by 90 feet long and is a corner lot. Due to zoned right -of -ways, however, the calculated lot dimensions are 40 feet wide by 82.5 feet long, with a resulting area of 3300 square feet. Thus, the property has an allowable building envelope of 32.5 feet long by 17.5 feet wide or 568.75 square feet. The following table exhibits the allowed dimensional requirements and the proposed dimensional requirements for the subject property. DIMENSIONAL REQUIREMENTS Requirement Permitted /Allowed Proposed Min. Front Setback 25' 10.17' Min. Rear Setback 25' 22' Min. Side (interior) setback 7.5' 75 Min. Side (street) setback 15' 7.17' Max. Building Coverage 1 30% 38.6% Through research of the subject property staff has identified the following characteristics: 1. The property is a corner Iot. 2. The property has two zoned right -of -way lines. 3. The calculated area of the property is less than 4500 square feet. Attachment III provides a map identifying the subject property and properties which share some or all of these characteristics. The following gives information about the lettered properties: A. The existing home located at 6017 SW 63 ST is built on an interior lot. The property also has a zoned right -of -way line in the front yard. This zoned right -of -way reduces the property's calculated area to 4125 square feet, and the front of the home is located in the zoned right -of -way. B. The existing home at 6316 SW 60 AVE is built on a corner lot which has two zoned right -of -way lines. The zoned right -of -way lines reduce the property's calculated area to 3300 square feet. The side (street) of the home is located in the zoned right - of -way, and the front of the house has a setback of 0 feet from the zoned right -of- way. C. The existing home at 6301 SW 60 AVE is built on a corner lot which has two zoned right -of -way lines. The zoned right -of -way lines reduce the property's calculated Sj' /, area to 3440 square feet. The front and side (street) of this home are located in the zoned right -of -ways. D. This home at 6289 SW 60 AVE is a Habitat Project nearing completion. It is also a corner lot which has two zoned right -of -ways. The zoned right -of -ways reduce the property's calculated area to 3440 square feet. The front setback is 5 feet, and the side (street) setback is 5 feet. E. The existing home at 6250 SW 60 AVE is built on a corner lot which has two zoned right -of -way lines. The zoned right -of -way lines reduce the property's calculated area to 3300 square feet. The side (street) of the home is in the zoned right -of -way, and the front of the home has a setback of 0 feet from the zoned right -of -way. Attachment IV provides pictures of the lettered properties and the subject property. These pictures clearly demonstrate the small setbacks and size of the properties surrounding 6290 SW 63 ST. The investigation and analysis of the subject property and the surrounding area evidence that the proposed home is in conformity with the surrounding area. COMPREHENSIVE PLAN The application is consistent with the Goal, Objectives, and Policies of the Comprehensive Plan. APPLICABLE REGULATIONS Land Development Code • Section 20 -3.5 (E) Comprehensive Plan • Housing Element Goal 1 and Objective 1.3 RECOMMENDATION The special characteristics of the subject property inhibit it from being used in the same manner as other properties in the RS -4 zoning district. Moreover, many properties in the Franklin, University Gardens, and Amended Plat of Hamlet Subdivisions share these same characteristics, making the construction of a 1,200 square foot home difficult without variances. Therefore, staff recommends APPROVAL of the four variances as requested, and recommends that the surrounding area be studied in order to evaluate what regulations would best allow for the construction of appropriate homes without variances. RIA1111 HABITAT FkA HUMANITY IN THE CITY JF SOUTH AMCMVMCT 1 S.W. 62nd STREET 3UUUjVLJl--- &W. Md IMR 1_ "1: {?1 T S.W. 64th ST' 1. LOT SIZE AND WIDTH OF DEDICATED RIGHT- OF-WAYS ATTACHMENT II o u _m wn o I4 O IU �fU V C }�'� V I m V �'� tJ ` t`ur %J ,/TV, ,- cn ° M o •w 0D 132v m v = ; ^w a) I jc Z_�� W (�'� 6117D ro � ., iD ;. 124m N _.__ � m m 10 2 115 u1 = cn Ln s m „� �__........_. Hi, m _ v $ 33 k6109r')„ 6100 35 K M .,w°° 35 su .� N w ry • °' rT ` O�tm tw �p t v 1 T m � m �+ N O kw 15 .1 (� X6494 U ., _ o .O c �, O,1S ° .n .n � C1 _ si � � � �n 15 ° o u �.:J 482 a m I, � aD co A O� N N � w Q` _ O �� r � v�..._ - i a V ro 0m9 w c + ml am' � N oo� ' to W +�. O� V •t _ VJ Ot�.nr; _ .... � 6p Q� c)� �0 t`Dil �D QVul O, 'j ,,•°N- m CD g a s ., �O `�� m '' ton + w o I m I -.fco ct ttn Sn to `- n7 '- 9' O ;� O Q` m 6040 o I I` •4 f7 CD m y ° — ,o ?DDS L �% . u N � w lug ro W CD (.T o i t. ° ° � _ a) to-' .r..� c co —�- 6080 �o— • c ° o oin” v m ° f 0 m v�o �- I _ n) v 6016 w 9' Yv Y,m 416. (.ma a •. .I mTVvm 0' V Qp (v 07 m N %D m to I" O 50 0-01 15 ' +iw oO `v cn o O l 8 // 151 Mp0 Ql ri O w � 1u0 r L 8406 I S.W. 60 AVE. " v '391 Co O o w o f V t :ns� 0 ch Is W cr% v is N to 0, W V, w10% a'0 N ON a Cn `D = v� t0 �0�w co v 'W o N c°il ih cwn AW C) �,N �.t`D T, o W N � ... t m v 0 U W o N - � t'') J p N y •� vi '391 Co O o w o f V t :ns� 50 C V cr% v N W N w x N ON a Cn `D = v� t0 ttt kD CU (n N AW C) � w ... _ i10.30 T 1 r� G co Ln O �N wr ca° .,. .. N W 0... ` � o ooro w 0 � IU N J OD N 50 rOtD W W 1 o Cn V � S. � . PL L. S W 5R � - C OIO W w / �, '' W W N N a N - 'U rV .(T O A. W W N , , �D0 ON ). 4 W rU • M.. Ln w �` R' crs Y �D v WWI W ol Q` 11 G $ i~ W V N N N o P a aW R) N c t W V Ut (it W c`) .-. O_ CP tD W l)1 W N �D N c11 .r V W C`) tp V �° at 1 V �D Ln I ,..qt roost 50 A+ _ ws U tes Sp tos tai tr.." r, 50 35 cn 30 wcn s.NO 0% al W&W N S `D Q` TWO$ //� $Ww (n ,• $ C;� kD w W N ` O " W V I o OZ .� W Ln 1 N • I In! c V Z O r1:r. to `� V � - N W � � � _...._.� -�_.. Ln 10 .'Z) .D _Q A O : V' A Cn cn C11 D CD CA ° %D%D 11) a tj a V tNJ W O V♦ v�' %%J cc I .et7� A N C4 N ru 5925 -2? U. i ' o �n a N v s -mn s W ° y -' ND %D ra (n __. iE w° u / l� N ENV O 11 c W m 3_ O 15 35 ° i 1 107.7) ° us •aza• tns ro + ; N N N fJl ch Ln "1 ✓' �. N v) 35 S.W.N59 AVE. - -... .,, ITt 15 Ltd iml ATTACHMENT III v w w tz n N c f5 nO n 1w, Cl S.W. 60 30' O v aa* 1 v 0 d 1 W N N ! a% O N Ul W fU a% N co v tT � N .fs � W r N �-• tJt N 0+ Q� 0% O► a% 0` 0% t0 %0 W W W W la% W W w W m 0 (T VI 10% W (1 � 0 zs N ��� CR ru w ap ai (4 o w e y zj FU ci O V qn W I V, as ru Ln o AVE* ov ►- � 4fU L U !"O b loo ;. r.r. V` S.W. PL. w 0 d ON W N N ! a% O N Ul W fU a% N co N fq V W .A "o i f N o: �O W Ul W {J CD V' O.. f} � V o' Q y N � ro O o... �° lGor-U Ib � O S.W. PL. w 0 ON ON I Wa ! a% �-- fV •� W�N �� N V f !1 W {J , �. ul G Q� m V i N w 0 ON I Wa ! a% �-- fV •� W�N �� PICTURES OF SUBJECT PROPERTY AND SURROUNDING AREA ATTACHMENT IV A ' 6017 SW 63 ST 6316 SW 60 Avenue Subject Property 6290 SW 63 Street 40 nFS� .1.N•i..`nn .. •i � ri F 44 �•nr February 17, 1997 HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need Building and Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33144 Dear Sir or Madam: Re: VARIANCE APPLICATION, Letter of Intent and Hardship Statement Lot 89, Less the South 10', "FRANKLIN SUBDIVISION" according to the PIat thereof, PB 5 -34, Dade County, FL. 6290 SW 60 Ave, So. Miami, FL. Habitat for Humanity of Greater Miami, Inc. hereby requests yard setback and building coverage variances to build a three- bedroom home on the above - referenced parcel.. This lot is located in an older neighborhood which has been platted for many years. Yard setback variances are needed because the required minimum setbacks in the City's Land Development Code were established with larger minimum lots is mind. The existing houses in this area do not comply with the setback requirements. Added to the complication of building on this small lot (50' x 90'), a 7'6" portion on the front and a 10' portion on the side street has been designated a zoned right -of -way leaving a 40' x 82'6" lot. With the current setbacks and right - of -way designations, the buildable site would be 17'6" x 32'6" for a 568'9" sq.ft. house. A building coverage variance will be necessary in order to build a modest 1,070 sq.ft. house on this lot. Without variances from the code, a hardship will exist as the lot is unbuildable. The specific variances requested for this lot are: Front - 1012" (25' required) Back - 22'0" (25' required) Street Side - 772" (15' required) Building Coverage- 38.6% (30% required) The variances required to build the Habitat Home are in line with the goals and objectives of the City's comprehensive plan (see page 3.14, Plan page 85, Housing, Goal 1, Objective 1.3, policy 1.3.1 and 1.3.2.) Thank you for your consideration regarding this matter. JE l , � eth A. Mul re n Construction Administrator Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / (305) 670 -2224 . y —w METROPOLITAN DADE COUNTY, FLORIDA "METR 00 February 20, 1997 Department of Building and Zoning City of South Miami 6301 Sunset Drive South Miami, Florida 33143 Dear Sir or Madam: OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT 140 WEST FLAGLER STREET SUITE 1100 MIAMI, FLORIDA 33130.1581 (305) 375 -3431 FAX (305) 375 -3428 This letter services to confirm that the Dade County Board of County Commissioners approved Resolution No. R- 117 -97 (copy attached hereto), on February 4, 1997 authorizing the conveyance of land to Habitat for Humanity of Greater Miami, which included the following: Lot 89, Block 15, Less the South 10 feet thereof, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book S, Page 34, of the Public Records of Dade County, Florida. The deed transferring the property from Dade County to Habitat for Humanity of Greater Miami, has been sent to the Mayor's Office for its execution. Please feel free to contact me at 375 -3402 or Mr. Sidney Beckom at 375 -3944, should you have any questions. Sincerely, Sidney Beckom, eal Estate Officer for: Rosendo M. Lopez- Gottardi, Director OCED Urban Development Division RML -G /gm cc: Sidney Beckom J E 4 LJ Q I\ L f� 2 w ERR (�E-+WN �~'e VCIDIO A 1WVIN 1-1.L[IUS d INAAV 410 A15 M9 w_ 0r-'`"- �U TINZ a, 133d1� P -1�9 153 /�:, I11f1Q� ; ' I�lli' 0 N I I ZY � CL CO I i I ` t N � I 1 I I� a` Z. p l LL a��' QIw3 W 7JY Q U LLJI {li l�g0. 0 Ii— LL 0 LUIS z OIW I I I I I�I II I�lli' 0 N I I ZY � CL CO I i I ` t N � I 1 I I� a` Z. p l LL a��' QIw3 W 7JY Q U LLJI {li l�g0. v �, •,` �r71!.t»orrs, s-,,; a3c1� :� eair�, z• � - .: •, . ; � �, • .... ..•..,; r- ra•.,- �:�.�ti: c.�••. •, .. �.�~ •�r':: , -•'.,. +': }`s �JNC►•�.tfti.. �.i�. � �l .1• n .. rte: / ... `.'✓e .,• •�••. ,.a a --_•_ ,.000(O� -O,>l ti._.;,ier,''1.�;;�; t. �.�..... I `• q 01 , 5E7 D b ` OJi,%,/I c V p S4 Q- s�L2 ar of �ivoctoc�n a a�J h ca. 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M�•��C �. -•C_ Y 'w1 t'4.Q r ✓ .0 ° °a,• �2x 1JL cv -so t, Iry �rJ Q "C = Q L•C•M 0 y N � ruvioY aa••• o W t Y Q =••r`•c Lu Q ~L•ardi Q r /r. MI F•• r•> a cir• v• z !t.2 L • L a Z ¢ (j1 p p h 0�OL •, 4 ac ao 32H :a 0 3.136 u` «er•' � W V .r tv N W a L L.• •.r =4r Af - �wrwto I L.' FEi -19 -1997 1057 CITY OF SOUTH MIAMI BZCD ZONING PETITION CITY OF SOUTH MAMI +� 613b Sunset Drive, 2' Floor South Miami, Florida 33143 P.02 33 Signatures Required Fax #: (305) 666 -4591 Phone: (305) 663 -6327 Petition: We, the undersigned property owners, are within 500 feet of the above property. We. understand and approve of the folio wingRequest(s): ITEM: PB -97 -008 Applicant: Habitat For Humanity of Greater Miami Request: Variances from Section 20 -3.5 E of the Land Development Code, Dimensional Requirements in the RS-4 "Single - Family Residential" zoning district, to allow the:following: 1. a front setback of ten feet two inches (107") where a twenty -five foot (251) setback is required. 2. a rear setback of twenty -two feet (22') where a twenty -five foot (25') setback is required. 3. a street side setback of seven feet two inches (72 ") where a fifteen foot (15') setback is required 4, a building coverage of 38.6% where 30% is the maximum building coverage. Location: 6290 SW 60th Avenue Name Date Address 7 IA.-!J-2 v 5. w' 7 y t/ _ •vj., r�'%11c.;.r�i.�_ ^? (n j/ i j .12J i'l 1-7r%!i Zoning Petition Page 1 of 2 FES -19 -1997 10:59 CITY OF SOUTH MIAMI BZCD P.03 ZONTNG PETITION (Continued from Page 1) Petition: We, the undersigned property owners, are within 500 feet of the abave property. We understand and approve of the requests) listed on the preceding page. Name Date Address IT 4!-' •t�' �l.'C� c3Y —. _G� l9�Cr� 5. IP -i -r- g 1 Z lL 1. / � J �� `1 / 1, 1. j , �i I ' 60 t� 7 17 .2q-qr L� / A � � I% � �� /� / l) `/ X14.` I�lw• J� �.f I - G;• CU A. T11 7 Page 2 of 2 s Zoning Petition S �''� �., NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI © Planning and Zoning Division 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591 On Tuesday, March 11, 1997, at 7:30 P.M. the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: ITEM: PB -97 -008 Applicant: Habitat for Humanity Request: Variances from Section 20 -3.5 E of the Land Development Code, Dimensional Requirements in the RS -4 "Single- Family Residential" zoning district, to allow the following: 1. A front setback of ten feet two inches (10'2 ") where a twenty -five foot (25') setback is required. 2. A rear setback of twenty -two feet (22') where a twenty -five foot (25') setback is required. 3. A street side setback of seven feet two inches (72 ") where a fifteen foot (15') setback is required. 4. A building coverage of 38.6% where 30% is the maximum building coverage. Location: 6290 SW 60 Avenue South Miami, Florida 33143 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the BZCD Department by calling 663 -6347 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. f 4 � f rf n rir• Y •• ,J S � ) ff C Q i f••Str la4 + /+ ! ! • aM ss+• �r t� -sr [ ,• .. ra n w •t j �. ! a� • r, !3 • Y r a 3 a UNHr1 rr♦ I , A M aw to hp P ` I � r •I sr f 7�► tr M •r r fr fr • a t r a« Ww or •u � 1 r � 1 •r f fr •I �r •p % 11 r► t� t 3 f :M' .t n c p w f• I t t r ' Sw • •L (j'r+ TQf � nMnN w M a I a f L 1A jo f • y a ! � parr • f ` !, ! � j ' l / 2 a " t � J �• A I •t w sr ,r A sYiat rI t ti� ► [ t Mr • or r y w w ri 1 t V • Y+ sw i1'' /£RA s to �/ A Q .� --{J! J► r w t' a ! 1 I 1AAQ J v t Ii w .N..w M •• W f u r -' h w L D► 40 Ift •d t t► N w t ) ' rrlwOErttf) i ►t L A ► fJ :,M M W Y •i / j • n t• � i � ter. � Fl s t • ' +JrII.76 +•• - -- MAILING AREA - -- APPLICANT: HABITAT FOR HUMANITY OWNER: NORTH SAME AS ABOVE ADDRESS: HEARING NUMBER: 6290 SW 60 AVE PB -97 -008 REQUEST: DATE: FOUR VARIANCES MARCH 11, 1997 PLANNING BOARD CITY OF SOUTH MIAMI SUMMARY MINUTES Planning Board Regular Meeting Tuesday, March 11, 1997 City Commissioners' Chambers 7:30 P.M. I. Call to order and Pledge of Allegiance A. Mr. Subrata Basu, Chairperson, called the meeting to order at 7:32 p.m. II. Roll Call A. Board members present constituting a quorum: S. Basu (Chairperson); K. Zeller (Vice- Chairperson); A. Dupree; C. Thorner; and J. Lefley. B. City staff present: Bill Mackey (Planning & Zoning Director); Brian Soltz (Planner); Gregory Oravec (Planning Technician); and Slaven Kobola (Planner). C. Opening remarks: III. Public Hearings A. ITEM: PB -97 -008 Applicant: Habitat for Humanity Request: Variances from Section 20 -3.5 E of the Land Development Code, Dimensional Requirements in the RS -4 "Single- Family Residential" zoning district, to allow the following: 1. A front setback of ten feet two inches (10'2 ") where a twenty -five foot (25') setback is required. 2. A rear setback of twenty -two feet (22') where a twenty -five foot (25') setback is required. 3. A street side setback of seven feet two inches (7'2 ") where a fifteen foot (15') setback is required. 4. A building coverage of 38.6% where 30% is the maximum building coverage. Location: 6290 SW 60 Avenue South Miami, Florida 33143 PB Min 3 -11 -97 1' 1. Ms. K. Zeller read the request into the record. 2. Staff presented the application to the Board. a. Staff explained that the zoned rights -of -way were the primary factor in the request for the four variances. b. Staff explained that the proposed home was in conformity with the surrounding area. c. Staff recommended approval of the four variances as requested, and recommended that the surrounding area be studied in order to evaluate what regulations would best allow for the construction of appropriate homes without variances. 3. Board questioned staff. a. C. Thorner asked Bill Mackey if there were any differences between this Habitat for Humanity variance request and previous requests. b. Bill Mackey answered no. c. Mr. Basu recognized Vice -Mayor Julio Robaina. 4. Public hearing was opened. a. Ms. Elizabeth A. Mullen, representative of Habitat for Humanity, signed in to speak before the Board. Ms. Mullen summarized the reasons for the request of the variances, including the. impossibility of putting a family home into the permitted building envelope. b. Mr. David Tucker Sr., City resident, signed in to speak before the Board. Mr. Tucker stated that although these variance requests would normally be denied, this was not a normal request. He stated that Habitat was fulfilling the City's need for affordable family homes. 4. The public hearing was closed. 5. Motion: C. Thorner moved for approval of the application, as requested. Ms. Zeller seconded the motion. 6. Board discussed the motion. a. Mr. Basu commented that the City needs affordable, simple homes that promote families, especially when the construction involves sweat equity. He also stated that neighborhoods are not based so much on setbacks and building coverage as they are on families. 7. Vote: Approved: 5 Opposed: 0 2 PB Min 3 -11 -97 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF 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 Uk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING • RESOLUTION RELATING TO • REQUEST FOR FRONT SETBACK, ETC. VARIANCES, ETC. Inthe ........................ KXX.K. {....... ............................... Court, was published in said newspaper In the issues of Mar 21, 1997 Attiant further says that the sald Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the sold newspaper has heretofore been continuously published In said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any or corporation any dlsco , rebate, commI refund for the purpose of sec ng this adverbs f public Ion in the said new Sworn to and subscribed before me this 21 March 97 .day of.. .. ... , A.D.19...... aY !�v .......... ...... . ..... .. ...... v1� IP (SEAL) : ;^ t= i� Octeima V. Ferbeyre personally known to me. OF F1.O •CITY OF SOUTH MIAMI~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, April 1, 1997, beginning at 7:30 p.m., in the City . Commission Chambers, 6130• Sunset Drive, 'to consider the following: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR FRONT SETBACK, REAR SETBACK, STREET SIDE SETBACK AND BUILDING - COVERAGE -VARIANCES, PURSUANT TO SECTION 20.5.9(G),OF THE, . LAND DEVELOPMENT CODE, REGARDING THE PRO- PERTY LOCATED AT 6290 SW, 60 AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this hem should be directed to the P_ lanning & Zoning Division at: 663.6347. ALL interested parties are invited to attend and will be heard. Rosetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 266.0105, the Chy 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 proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- cludes the testimony and evidence upon which the appeal is to be based. 3121 97.3- 032127M' OFFICIAL NOTARY SEAL JANETT LLERENA COAWM;SFICN NUMBER CC566004 idY CCKMIS SION EXPMES _ DUNE 23,2000 / 1 .Adnlhh� CITY OF SOUTH MIAMI © INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: March 26, 1997 Agenda Item # From: L. ennis Whit Re: Comm. Mtg. 04/01/97 City Manager Bakery Centre Restaurant Resolution REQUEST: A RESOLUTION OF THE MAYOR AND TI1E CITY COMMISSION OF TI-il: CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPLICATION OF BAKERY ASSOCIATES, LTD. TO MODIFY THE SPECIAL EXCEPTION APPROVED BY RESOLUTION NO. 70 -95 -9619 AS AMENDED BY RESOLUTION NO. 164 -95 -9713 AND RESOLUTION NO. 165 -96 -9919, TO POTENTIALLY REPLACE UP TO 14,250 SQUARE FEET OF RETAIL SPACE WITH UP TO 14,250 SQUARE FEET OF RESTAURANT SPACE, PURSUANT TO SUB - SECTION 31 OF RESOLUTION NO. 70 -95 -9619; PROVIDING FOR FINDINGS OF FACT, CONCLUSIONS OF LAW AND AN ORDER; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On.March 26, 1997, the representative of Bakery Associates, Ltd., namely Shutts & Bowen, submitted a finalized application for an amendment to the Special Exception for the Bakery Centre. This amendment is pursuant to Sub - section 31, Section 3 of Resolution No. 70 -95 -9619 which authorized the Special Exception for the Bakery Centre Redevelopment project. This matter is before City Commission under the discretionary powers granted to the City Manager. The proposed resolution and the applicant's letter of request is attached. The changes requested are minimal and are intended only to provide some flexibility for tenant space at the project. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Letter from Applicant, dated March 20, 1997 Letter from Shutts & Bowen, dated March 26, 1997 City Manager's Report: Bakery Centre Restaurant Resolution RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPLICATION OF BAKERY ASSOCIATES, LTD. TO MODIFY.THE SPECIAL EXCEPTION APPROVED BY RESOLUTION NO. 70 -95 -9619 AS AMENDED BY RESOLUTION NO. 164 -95- 9713 AND RESOLUTION NO. 165 -96 -9919, TO POTENTIALLY REPLACE UP TO 14,250 SQUARE FEET OF RETAIL SPACE WITH UP TO 14,250 SQUARE FEET OF RESTAURANT SPACE; PURSUANT TO SUBSECTION 31 OF RESOLUTION NO. 70 -95- 9619; PROVIDING FINDINGS OF FACT, CONCLUSIONS OF LAW AND AN ORDER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Commission of South Miami previously approved a Special Exception by Resolution No. 70 -95- 9619, as amended by Resolution No. 164 -95 -9713 and Resolution No. 165 -96 -9919 (jointly the "Special Exception "), for a project known as the Bakery Centre redevelopment; and WHEREAS, Bakery Associates, Ltd. has applied for a modification of the Special Exception to replace up to 14,250 square feet of retail space with up to 14,250 square feet of restaurant space. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Findings of Fact, Conclusions of Law and Order. 1. The recitals in the Whereas clauses are incorporated into and made a part of these findings of fact. 2. The developer of the Bakery Centre project shall have the option, at its determination, of constructing up to 14,250 additional square feet of restaurant space, up to a total of 61,250 square feet of restaurant space at the development, provided that for each additional square foot of restaurant space constructed at the project, the exact amount of approved retail space in the project shall be reduced from the present total of 350,460 square feet to not less than 336,210 square feet. EXHIBIT "A" /t 3. Based on the application for amendment to the Special Exception and the representations of the applicant at the public hearing, the applicant has satisfied its burden of demonstrating that: a. The Bakery Centre redevelopment, as modified, will continue to contribute to, promote and encourage the improvement of the Hometown District and catalyze other development as envisioned in the Hometown District regulations. b.• The proposed redevelopment is still compatible with the land uses and development intensities prescribed by all applicable city regulations. C. The proposed modification to the Special Exception is compatible with the design criteria established for the Hometown District and with the overall image of the City. d. The proposed modification does not impair the effective management of traffic, parking, lighting, noise and waste generated by the development, nor does said modification create adverse impacts on public facilities and services. e. The proposed modification does not expand the permitted uses within the Hometown District. f. The proposed modification will not have an unfavorable effect on the economy of the City of South Miami. g. The proposed modification, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. 4. Accordingly, pursuant to subsection 31 of Resolution No. 75 -95 -9619, the request to amend the Special Exception to allow the modified plan of development is approved. 5. Resolution No. 70 -95 -9619, as amended by Resolution No. 164 -95 -9713, Resolution No. 165 -96 -9919 and by this Resolution, shall remain in full force and effect. Section 2. Severability. . If any phase, clause, sentence, paragraph or section of this Resolution shall be declared unconstitutional or is otherwise held invalid by a court of competent jurisdiction, the determination shall not affect the remaining phases, clauses, sentences, paragraphs and sections of this Resolution. -2- /&, Section 3. Effective Date. This Resolution shall become effective on adoption. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MIA95 131857.1 - UM Draft Date 3126197(2) APPROVED: MAYOR 1997. -3- /1/ UJ /2U /S7 THU 16:27 FAX 517 685 7221 SI)ION- DEBARTOLO GROUP Q002 SIMON March 20, 1997 GROUP Mr. L. Dennis Whitt City Manager, City of South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 RE: DRI Development Order and Special Exceptions Dear Mr. Whitt: Now that we are finally underway with the construction of The Shops at Sunset Place, we are able t6understand how some of the estimates reflect actual conditions that are being constructed. With the benefit of converting estimates to actuals, there is one issue for which we seek assistance and consideration. We would like to increase the restaurant component from the current level of 47,000 square feet with a corresponding reduction in the retail square footage from 350,460 square feet (see the schedule attached). We believe that this is a de minimus change which would be allowed to be determined by you and in that regard we've attached a schedule showing the calculation of parking spaces that was part of the original development approvals. Since the original development approval, we have made a few changes, notably the increase in parking provided to 1,769 spaces, the increase in theater seats (including the IMAX to 5,050 spaces) and a significant reduction in retail space from that which was in the original development order. While we believe that this is a de minimus change which you have the ability to approve, we would ask that if you did not feel comfortable giving that approval without input from the Commission that you would be agreeable to following the provisions of Paragraph 31 of the Special Exception (Resolution #70-95 -9619) which provides an ability to submit the request to the City Commission for consideration. We have an ability to bring a couple unique dining establishments to the City; however, it would draw us perilously close to the 47,000 square foot cap. If we NATIONAL CITY CENTER o POST OFFICE BOX 7033 o INDIANAPOLIS, INnIANA o 46207 0 317- 636.1600 In . ujrzuty7 THLT 16:27 FaX 917 685 7221 SIMON- DEBARTOL0 GROUP IaOOi could resolve this either administratively or with a referral to the Commission for its hearing on the first of April, we would love to pursue these opportunities. I look forward to discussing this with you at your earnest convenience. Sincerely, SIMON EBARTOLO GROUP Thomas J. Schneider Sr. Vice President - Development TJS:nr cc: J.B. Turbidy /Y U3/20/97 THU 16:27 FAX 517 685 7221 SIMON- DEBARTOLO GROUP 10004 O ri c jf�:o.,: •' W 00 N k°� C r. ti y ti ti y 2 : t, Q. .. tw � H � 4 Q 7 O y� Q O G a X PI q N r n � 4 � C4 . 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W w w o N O Vdf q� O ?,: w a� Li o y� V] Of � T VI U V N O to p O � U z YUW C7OQ9 dur�NW z OWG � V o v v 4 0 a m a v rn C 0 1p4. F 0��¢ w d V Z `'9„ Q' 0 6 rt^ga T WH i W Ld i nnq Aq Aim VO : ZT 966T -T7 -^M l �� a�lo2I9 o�o�t�aaa- nror�rs iZZL S99 LTC JVd 9Z =9T IUM L6 1oZ /CO `s V Y N w 3� a 'o N I P N O' Q a s ll z0. Go vo ha �x N� ;aZ 0 og D In U W z� d IJIGI V) 4 w V) W c< V) a rD N Ld < a in to to » (> N 1 O � II II fl it II It n. 10 J h � Il � � t7oi rn x 1.r X x i•, O H ^ Q d l71 N z D O O LAJ a a W U Z SC d a O t^- U Z Z Y a Lhi tr O < J � � 4 Z d O Y t 'CL o H (7 �r N N lZ CL �V O t 1 S » (> l E a IQ w h 2 Ln O � �Q r) w L00 Z M' J �d 4 0 t� Q N w v r1 r v In Z O W J �? N LO W ^ < W ,, to .. z N G W N � CL rn co to m uj cc 0 11 j v < �) Z V w w Q In to can iC w a u) bU Z Q N N 'V U W 11 V m OD In Q, �� �' ll II 11 tl II II II 11 Il II � r a is zwpp�,I Z la7 r r Z d a O 0 d O U y W V 5 U u0i JW d O W NO N t!1 J w w ¢ Ln G �� SL w ? Z� a IL 0. Z Z t Y V V) t!1 N n OO l En yr- Z_ O m N )�•• W Y O V O N N V C d W W O U J w 4 0 O O W til OJ d ►r0r -5 N d ^ V7 Z N O Ga? o � w ^ r = p p IL n' a�zs iwHIW winos -!O �lI� b0:£T 966Y-tZ -nON d1102i9 0loluvaaa-ROXIS TZZL S89 LTC TF3 8Z :9T Iml L6 1OZICO SHUTTS & BOWEN JUDITH A. BURKE (305) 379 -9187 ATTORNEYS AND COUNSELLORS AT LAW IA PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONSI 1500 N11ANII CENTER 201 SOUTH BISCAYNE BOULEVARD NIIAA11, FLORIDA 33131 NIIAN11(305) 358.6300 BROWARD (305) 467 -8841 FACSIMILE (305) 381.9982 March 26, 1997 VIA HAND DELIVERY Mr. L. Dennis Whitt City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Amendment to Bakery Centre Special Exception The Shops at Sunset Place Dear Mr. Whitt: This office represents Bakery Associates, Ltd., owner of the Bakery Centre redevelopment project located at 5701 Sunset Drive in the City of South Miami. Pursuant to paragraph 31 of Special Exception Resolution No. 70 -95 -9619, dated May 2, 1995, as modified by Resolution No. 164 -95 -9713, dated October 5, 1995, and as further modified by Resolution No. 165 -96 -9919 (collectively hereafter referred to as the "Special Exception "), City Commission approval is hereby requested for the following amendment to the Special Exception: 1. Replace up to 14,250 square feet of retail space with up to 14,250 square feet of restaurant space. Enclosed as Exhibit "A" is a proposed Resolution incorporating the requested amendment to the Special Exception. It is my understanding that the approval of the requested change to the Special Exception will be considered by the City Commission at its meeting on Tuesday evening, April 1. The owners representatives will be present at the Commission meeting to address any questions or comments from the Commissioners. AMSTERDAM OFFICE EUROPA BOULEVARD 59 108:1 AD AMSTERDAM, TIRE NETHERLANDS TELEPHONE 011 - :I120.661.091L!I FACSIMILE 011.3120642.1475 KEY LARGO OFFICE OCEAN REEF CLUB 31 OCEAN REEF DRIVE SUITE A206. OCEAN REEF PLAZA KEY LARGO, FLORIDA 33037 TELEPHONE 13051367.2881 LONDON OFFICE ORLANDOOFFICE WEST PALM BEACH OFFICE 48 MOUNT STREET 20 NORTII ORANGE AVENUE ONE CLEARLAKE CENTRE. SUITE 500 LONDON WIV SRE ENGLAND SUITE 1000 250 AUSTRALIAN AVENUE SOUTH TELEPHONE011- 44171. 493.4840 ORLANDO, FLORIDA 32801 WEST PALM BEACH, FLORIDA 33401 FACSIMILE 011. 44171 - 4934294 TELEPHONE (407) 423 -3200 MAILING ADDRESS P. O. BOX 3555 FACSIM ILE (4071425.8316 WESTPALM BEACH, FLORIDA 33402 -3555 TELEPHONE 1407) 835.8500 FACSIMILE (407) 650 -8530 �le Mr. L. Dennis Whitt March 26, 1997 Page 2 If you have any questions or comments, please do not hesitate to call. Very truly yours, Judah A. Burke cc: William Mackey, City Planner (Hand Delivery) Earl Gallop, City Attorney (Via Telecopy) Thomas J. Schneider (Federal Express) James G. Willard, Esq. (Federal Express) Rise' Friedman, Esq. (Federal Express) Ronald Grabill (Federal Express) Aaron Cohen (Federal Express) MIA95 131868.1 - L1 M is o CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor a ty Commission Date: March 21, 1997 - �ilCGbG� Agenda Item # ` From: L. Dennis Whitt Re: Comm. Mtg. 04/01/97 City Manager Moratorium Ordinance REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; ESTABLISHING A MORATORIUM FOR CONSTRUCTION OF NEW SINGLE - FAMILY RESIDENTIAL HOMES IN AN AREA IN THE CITY WHICH IS BOUNDED BY S.W. 80 STREET, S.W. 57 AVENUE, S.W. 88 STREET AND S.W. 62 AVENUE AND THOSE PROPERTIES WHICH FRONT ALONG THE NORTI -IERN RIGI-rr -OF-WAY LINE OF S.W. 80 STREET FROM S.W. 57 AVENUE TO S.W. 62 AVENUE; PROVIDING FOR THE DEFERRAL OF ALL APPLICATIONS FOR BUILDING PERMITS AND ANY ZONING REVIEW; PROVIDING FOR DETERMINING VESTED RIGHTS; PROVIDING FOR TI -IE MORATORIUM TO BE LIMITED TO A PERIOD OF 180 DAYS OR UNTIL ADOPTION OF LAND DEVELOPMENT REGULATIONS, WHICHEVER OCCURS FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On March 18, 1997, the City Commission adopted a resolution to defer zoning review of all applications for the construction of new single- family residences in the proposed study area for the Snapper Creek Charrette. This deferral expires upon opening the meeting on April 1, 1997, The proposed ordinance provides for a moratorium which will be effective on May 20, 1997, if adopted by the City Commission at that time. The draft ordinance must first be reviewed by the Planning Board for their recommendations, prior to its return to the City Commission. The ordinance creates a moratorium under Section 1, which will prevent any building permits from being issued for the area starting May 20, 1997. The ordinance provides for deferral of continued zoning review under Section 2, which will interrupt longer review proceedings, such as Planned Unit Developments, which are already in process. Although regulations which are adopted will not directly affect such projects, it allows the Planning Board and City Commission to know what the public will for the area is prior to rendering final decisions on such projects. Regarding the projects discussed at the previous City Commission Meeting, all projects may continue to move forward in the process until May 20, 1997, when they will be put on hold. RECOMMENDATION: Approval to initiate the Public Hearing process. Attachments: Draft, Proposed Ordinance for First Reading Letter from Allen R. Greenwald, dated March 19, 1997 City Manager's Report: Moratorium Ordinance for First Reading 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; ESTABLISHING A MORATORIUM FOR CONSTRUCTION OF NEW SINGLE - FAMILY RESIDENTIAL HOMES IN AN AREA IN THE CITY WHICH IS BOUNDED BY S.W. 80 STREET, S.W. 57 AVENUE, S.W. 88 STREET AND S.W. 62 AVENUE AND THOSE PROPERTIES WHICH FRONT ALONG THE NORTHERN RIGHT -OF -WAY LINE OF S.W. 80 STREET FROM S.W. 57 AVENUE TO S.W. 62 AVENUE; PROVIDING FOR THE DEFERRAL OF ALL APPLICATIONS FOR BUILDING PERMITS AND ANY ZONING REVIEW; PROVIDING FOR DETERMINING VESTED RIGHTS; PROVIDING FOR THE MORATORIUM TO BE LIMITED TO A PERIOD OF 180 DAYS OR UNTIL ADOPTION OF LAND DEVELOPMENT REGULATIONS, WHICHEVER OCCURS FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 18, 1997, the City Commission voted to defer all zoning review for applications for building permits, site plan reviews, platting, variances, and any administrative, legislative or quasi- judicial action that relates to construction of single - family residences for that portion of land described as the Snapper Creek Study Area until consideration of a moratorium ordinance at the City Commission Meeting of April 1, 1997; and, WHEREAS, pursuant to the instructions of the City Attorney, Administration has prepared an ordinance relating to land use to establish a moratorium for the Snapper Creek Study Area; and, WHEREAS, residents, property owners and other interested persons will be undertaking a series of public meetings, in order to prepare a specific plan for that area of land, tentatively known as the "Snapper Creek Study Area," and roughly described as the area bounded by S.W. 57 Avenue (Red Road), S.W. 62 Avenue (Tevis Drive), S.W. 80 Street (Davis Drive) and S.W. 88 Street (Kendall Drive), including a portion of Snapper Creek canal, and those properties which front along the northern right -of -way line of S.W. 80 Street from S.W. 57 Avenue to S.W. 62 Avenue; and, WHEREAS, amendments to the Land Development Code will be proposed, in order to implement the specific plan developed in upcoming public meetings for the Snapper Creek Study Area; and, Moratorium ordinance: f Reading April 1, 1997 /9 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 WHEREAS, the City Commission will hold a Public Hearing to receive further input from members of the public, concerning any proposed amendments to the Land Development Code, and may adopt, adopt with modifications, or not adopt proposed amendments; and, WHEREAS, the City Commission finds that it is in the public interest to ensure that all new development in the area addressed by the proposed specific plan will be consistent with the efforts of the community to develop and implement a specific plan-for the Snapper Creek Study Area; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A moratorium is established for construction of new single - family residential homes in an area in the city which is described as that area bounded by S.W. 57 Avenue (Red Road), S.W. 62 Avenue (Tevis Drive), S.W. 80 Street (Davis Drive) and S.W. 88 Street (Kendall Drive), and those properties which front along the northern right -of -way line of S.W. 80 Street from the NE corner of S.W. 57 Avenue to the NW corner of S.W. 62 Avenue. Section 2. The City Administration is hereby instructed to defer approvals of all applications for building permits and any zoning review for the construction of single - family residences which have not submitted an application for building permits as of the adoption date of this ordinance. Section 3. Vested rights ... [intentionally omitted] ... Section 4. Said moratorium and deferral shall cease 180 days from the adoption date of this ordinance, or until the adoption of Land Development Code regulations relating to the results of The Snapper Creek Study Area charrette, whichever occurs first. Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Moratorium Ordinance: f Reading April 1, 1997 Pf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Section 7. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 20th day of May, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Moratorium Ordinance: f Reading April 1, 1997 c:\ ... \ snapper creek \ Moratorium.ord �y ALLEN R. GREENWALD REGISTERED REAL ESTATE BROKER 1320 S. Dixie Hwy.. SUITE 781 CORAL GABLER. FLORIDA 33146 March 19th, 1997 TELEPHONE: (305) 667-4856 Fwx: (305) 661 -2289 TO: South Miami Commission RE: Pending Legislation to put moratorium on'new construction Gentlemen: We have been in the process of obtaining a permit to build 2 single family residences on a replated parcel at the NW corner of 82nd St. and SW 58th Ave. since Oct. 2nd, 1995. We met with Brian Soltz and discussed this project. Since then, we have: 1- Received a waiver of plat from Dade County and City of S. Miami. 2- The City of S. Miami has preliminarily reviewed our plans and have given their comments which we have abided by to meet the specifications. This has been an ongoing process since Jan -Feb. 1996. 3- Our delay in commencing building has been due to the fact that we have to extend the sewer lines to the property and upgrade the water lines. Naturally this process has taken months to do and has been very costly. We have signed a contract to do the water and sewer work and it is in the process of being done. We were shocked when we learned 24 hours in advance of a pending moratorium. We hereby request that since we are so long into the permitting process thatwe be given an ommission as to any moratoriums or any delays that you pass. Thank you for giving us the opportunity to speak at the meeting and thank you for considering our request. Sincerely, ., Apex omes CC: enwald /Ghorbf�d_ 'P,trtdes Mr. Brian Soltz, Conning Planner Mr. Bill Mackey, Zoning Director Mr. Julio Robaina, Vice Mayor Ms. Ana Price, Commissioner Mr. Daavid Bethel, Commissioner Mr. Paul Young, Commissioner /9 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Froth: L. Dennts k t�� City Manager Date: March 27, 1997 Agenda Item # Subject: Commission Meeting 4/1/97 First Reading Code Revision In accordance with the wishes of the Mayor and City Commission, administration is selecting obsolete sections of the Code of Ordinances for update /revision. This Ordinance deletes Section 2 -4.2 of Chapter 2, Articlel, which established an associate municipal judge, and defines duties and compensation. I recommend approval. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 DELETION OF SECTION 2 -4.2 OF THE SOUTH MIAMI CODE, 6 ELIMINATING THE OFFICE OF ASSOCIATE MUNICIPAL 7 JUDGE, PROVIDING FOR SEVERABILITY; PROVIDING FOR 8 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Chapter 2, Article 1, Section 2 -4.2 of the 12 City Code of Ordinance establishes the office of associate 13 municipal judge of the City of South Miami, and defines the 14 duty and compensation of the associate municipal judge; and, 15 16 WHEREAS, the City Commission has expressed their desire 17 to have the City's Code of Ordinances brought up -to -date by 18 deleting obsolete material, and by adding legislation which 19 has been adopted and not yet incorporated in the most 20 current official Code of Ordinances. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. Chapter 2, Article I, Section 2 -4.2 of the 26 City Code of Ordinance, currently reads as follows: 27 28 The office of associate municipal judge of the City of i 29 South Miami is hereby created. 30 The associate judge shall sit as the municipal judge in 31 the absence, sickness or disqualification of the municipal 32 judge upon so being advised by either the municipal judge or 33 the mayor and city commission. 34 The associate municipal judge shall draw no regular 35 salary but shall be paid for each regular court session in 36 which he presides in accordance with the salary provided for 37 the municipal judge by the budget. 38 39 Section 2. The City Commission hereby amends Chapter 40 2, Article I, Section 2 -4.2, deleting that section in its 41 entirety. 42 43 Section 3. If any section, clause, sentence, or 44 phrase of this ordinance is for any reason held invalid or 45 unconstitutional by a court of competent jurisdiction, the 46 holding shall not affect the validity of the remaining 47 portions of this ordinance. 48 49 Section 4. All ordinances or parts of ordinances in 50 conflict with the provisions of this ordinance are hereby 51 repealed. 52 mil 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 Section 5. This ordinance shall take effect immediately at the time of its passage PASSED AND ADOPTED this day of , 1997. ATTEST: APPROVED: City Clerk READ AND APPROVED AS TO FORM: City Attorney Vice Mayor ; ID CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Fr City Manager Date: March 27, 1997 Agenda Item 9 *21 Subject: Commission Meeting 4/1/97 First Reading Community Redevelopment Agency This proposed ordinance affirms a finding of need to create a community redevelopment agency and establishes the city commission as the governing body of the agency, granting the agency the power to exercise all the powers permitted by Chapter 163, Part III, Florida Statutes. I recommend approval. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; DESIGNATING A CERTAIN GEOGRAPHIC AREA WITHIN THE CITY OF SOUTH MIAMI THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA AND DESCRIBED GENERALLY AS BEING BOUNDED BY S.W. 62ND AVENUE ON THE WEST, S.W. 62 STREET ON THE NORTH, S.W. 57TH AVENUE ON THE EAST AND S.W. 72ND STREET ON THE SOUTH; ACCEPTING A DELEGATION OF POWERS FROM METROPOLITAN DADE COUNTY TO THE CITY OF SOUTH MIAMI PURSUANT TO CHAPTER 163, PART III, FLORIDA STATUTES; FINDING THE NEED FOR A COMMUNITY REDEVELOPMENT AGENCY; CREATING THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY; DECLARING THE MEMBERS OF THE CITY COMMISSION TO BE THE MEMBERS OF THE COMMUNITY REDEVELOPMENT AGENCY AND GRANTING THE AGENCY THE POWER TO EXERCISE ALL THE POWERS PERMITTED BY CHAPTER 163, PART III, FLORIDA STATUTES, WHICH ARE DELEGATED BY DADE COUNTY TO THE CITY COMMISSION; DIRECTING THE INITIATION, PREPARATION AND ADOPTION OF A REDEVELOPMENT PLAN AND ANY AMENDMENTS THERETO BY THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 32 WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 33 1969, which is codified as Chapter 163, Part III, Sections 163.330 through 163.450, Florida 34 Statutes, as amended; and, 35 WHEREAS, all powers arising under the Community Redevelopment Act are 36 conferred on counties with Home Rule charters, which counties, in turn, are authorized to 37 delegate powers to municipalities within their boundaries; and, I WHEREAS, the authorization for counties to delegate powers to municipalities is 2 contained in Section 163.410, Florida Statutes, which states: 3 163.410 Exercise of powers in counties with home rule 4 charters In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county. However, the governing body of any such county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon the county by this part within the boundaries of such municipality to the governing body of such a municipality. Such a delegation to a municipality shall confer only such powers upon a municipality as shall be specifically enumerated in the delegating resolution. Any power not specifically delegated shall be reserved exclusively to the governing body of the county.... 17 WHEREAS, on May 21, 1996, the City Commission of the City of South Miami 18 adopted Resolution No. 105 -96 -9859 (the "City of Resolution" No. 105 -96 -9589) pursuant 19 to Section 163.355, Florida Statutes, which, among other things, declared the South Miami 20 Redevelopment Area, defined therein by reference to the "Finding of Necessity" report, to 21 be a "slum or blighted area," as those terms are defined in Section 163.340, Florida Statutes, 22 and made a finding of necessity as to the rehabilitation, conservation or redevelopment, or 23 a combination thereof, of the South Miami Redevelopment Area; and, 24 WHEREAS, on December 3, 1996, the County Commission of Metropolitan Dade 25 County adopted Resolution No. R- 1374 -96 (the "County Resolution "), declaring the South 26 Miami Redevelopment Area to be a slum or blighted area, determining that it is necessary 27 to redevelop the area and to establish a community redevelopment agency to redevelop the 28 area, in accordance with Chapter 163, Part III, Florida Statutes, and delegating certain 29 powers conferred upon the County Commission as the governing body of Dade County by 30 Chapter 163, Part III, Florida Statutes, with regard to the South Miami Redevelopment Area, I so that the City Commission, either directly or through its duly designated community 2 redevelopment agency, may proceed to exercise such powers; and, 3 WHEREAS, the City Commission has found that there is a need for a community 4 redevelopment agency within the city to carry out the purpose of Chapter 163, Part III, 5 Florida Statutes; and, 6 WHEREAS, pursuant to Section 163.346, notice of this proposed action has been 7 given, by registered mail, to each taxing authority which levies ad valorem taxes on taxable 8 real property within the boundaries of the redevelopment area; and, 9 WHEREAS, the City Commission has conducted a public hearing on the second 10 reading of this ordinance with respect to the findings, conclusions and other matters set forth 11 in these recitals and in the body of this ordinance. 12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 14 Section 1. The City Commission designates that certain geographic area within 15 the City of South Miami described generally as being bounded by S.W. 62nd Avenue on the 16 West, S.W. 62 Street on the North, S.W. 57th Avenue on the East and S.W. 72nd Street on 17 the South as the South Miami Redevelopment Area, as more particularly described in 18 Exhibit A, which is annexed and made a part of this Ordinance. 19 Section 2. The City Commission accepts the County Resolution and the findings 20 and delegation of power contained therein. 21 Section 3. The City Commission finds that there is a need to establish a 22 community redevelopment agency, creates the City of South Miami Community 23 Redevelopment Agency, designates the members of the City Commission to be the members 24 of the community redevelopment agency and grants the agency all the rights, duties, 25 privileges and immunities authorized by Chapter 163, Part III, Florida Statutes, and the 26 powers which are delegated by the County Commission to the City Commission. I Section 4. The City Commission designates the Mayor as the Chairperson and the 2 Vice Mayor as the Vice Chairperson of the City of South Miami Community 3 Redevelopment Agency (commonly referred to as "CRA "). 4 Section 5. The CRA shall be a separate, distinct and independent legal entity. 5 Section 6. The City Commission directs the City of South Miami Community 6 Redevelopment Agency, without limiting the delegation of powers to the agency, to initiate, 7 prepare and adopt a redevelopment plan, and any amendments thereto, and to implement 8 the redevelopment plan for the South Miami Redevelopment Area, subject to review and 9 approval by the County Commission. 10 Section 7. If any section, clause, sentence, or phrase of this ordinance is for any 11 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 12 not affect the validity of the remaining portions of this ordinance. 13 Section 8. All ordinances or parts of ordinances in conflict with the provisions of 14 this ordinance are hereby repealed. 15 Section 9. This ordinance shall take effect immediately at the time of its passage. 16 Passed and Adopted this day of April, 1997. 17 ATTEST: 18 19 CITY CLERK 20 READ AND APPROVED AS TO FORM: 21 22 CITY ATTORNEY 23 GACLIBNTSICSMICRAICRA.ORD APPROVED: MAYOR COMMUNITY REDEVELOPMENT AGENCY BOUNDARY DESCRIPTION Beginning at a point, said point being the southeast corner of Section 25, Township 54 South, Range 40 East and being the intersection of the centerline of Southwest 57 Avenue (Red Road) and the centerline of Southwest 72 Street (Sunset Drive); thence running westerly along the south line of the aforesaid Section 25, said line being the centerline of Southwest 72 Street (Sunset Drive), a distance of 2,640 feet, more or less, to the intersection of the centerline Southwest 72 Street (Sunset Drive) and the centerline of Southwest 62 Avenue (Paul Tevis Road), the same being the southwest corner of the southeast quarter of said Section 25; thence, running northerly along the west line of the southeast quarter, the same being the centerline of Southwest 62 Avenue (Paul Tevis Road), a distance of 3,463 feet, more or less, to the intersection of the centerline of Southwest 62 Avenue (Paul Tevis Road) and a line, the same being the western extension of the northern right -of -way line of Southwest 62 Street; thence running easterly along said line, and continuing along the northern right -of -way line of Southwest 62 Street, a distance of 1,362 feet, more or less, to the intersection of the northern right -of -way line of Southwest 62 Street and the eastern right -of -way line of Southwest 59 Avenue; thence running southerly along the eastern right -of -way line of Southwest 59 Avenue, a distance of 159 feet, more or less, to the intersection of the eastern right -of -way line of Southwest 59 Avenue and a line, the same being the western extension of the north line of Lots A, B, C and D of Block 1, University Gardens No. 1 Subdivision, A Re -Plat of Block 2, according to the plat thereof, as recorded in Plat Book 91 at Page 36 in the Public Records of Dade County, Florida; thence running easterly along the north line of said Lots A, B, C, and D, a distance of 309 feet, more or less, to the northeast corner of said Lot A, the same being the northeast corner of University Gardens No.1 Subdivision; thence southerly along the eastern line of University Gardens No.1 Subdivision, according to the plat thereof, as recorded in Plat Book 89 at Page 15 in the Public Records of Dade County, Florida, a distance of 662 feet, more or less, to the southeast corner of University Gardens No. l Subdivision, the same being a point in the centerline of Southwest 64 Street (Hardee Drive); thence running easterly along the centerline of Southwest 64 Street (Hardee Drive), the same being the north line of the south half of said Section 25, a distance of 990 feet, more or less, to the intersection of the centerline of Southwest 64 Street (Hardee Drive) and the centerline of Southwest 57 Avenue (Red Road), the same being, the northeast corner of the southeast quarter of said Section 25; thence running southerly along the centerline of Southwest 57 Avenue (Red Road), a distance of 2,640 feet, more or less, to the intersection of the centerline of Southwest 57 Avenue (Red Road) and the centerline of Southwest 72 Street (Sunset Drive), the same being the southeast corner of said Section 25, Township 54 South, Range 40 East, said point being the Point of Beginning. Revised November 14, 1996 Final G ACLIENPS\CSM \CRA\L.EGAL.AP2 EXHIBIT A office of the City Attorney, City or ou aami, 6130 Sunset Drive, South Miami, Florida 33143 Resoiution No. 105-:96-9859 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ACCEPTING A "FINDING OF NECESSITY" REPORT FOR THE COMMUNITY REDEVELOPMENT AREA Ni THE CITY OF SOUTH MIAMI; DECLARING THAT CERTAIN AREAS OF THE CITY OF SOUTH MIANII, FLORIDA AS SLUM OR BLIGHTED AREAS AS DEFINED IN SECTION 163.340, Florida Statutes (1991); DECLARING THE REBUILDING, REHABILITATION, CONSERVATION AND REDEVELOPMENT OF SUCH AREAS AS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF THE RESIDENTS OF THE CITY OF SOUTH MIAMI, FLORIDA, UNDER SECTION 163355, Florida Statutes (1993); DIRECTING THE CITY MANAGER TO INITIATE AND PREPARE A PLAN FOR REDEVELOPMENT FOR ADOPTION IN ACCORDANCE WITH SECTIONS 163.360 THRU 163.365, Florida Statutes (1993); WHEREAS, the City of South Miami, Florida has retained Dickey Consulting Services to prepare a report concerning a "finding of necessity" with respect to redevelopment; and WHEREAS, Dickey Consulting Services has prepared a "Finding of Necessity" report for the South Miami Community Redevelopment Area, dated April 1996 as set; and WHEREAS, the Mayor and Commission has considered expert testimony by Dickey Consulting Services concerning the existence of slum and blighted areas within the City in accordance with the "Finding of Necessity" report; and WHEREAS, the Mayor and Commission hereby finds that one or more slum or blighted areas, as defined in Section 163.340 Florida Statutes (1993), exists within the City's boundaries; and WHEREAS, the Mayor and Commission hereby finds that rebuilding, rehabilitation, conservation and redevelopment of said slum and blighted areas is necessary and in the interest of the public health, safety, morals, and welfare of the residents of the City of South Miami pursuant to the provisions of Section 163.355 Florida Statutes (1993); and WHEREAS, the Mayor and Commission hereby finds that said slum and blighted areas are appropriate for redevelopment; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and Commission of the City of South Miami accepts the "Finding of Necessity" report for the Community Redevelopment Area in the City of South Miami, dated April 1996. This acceptance, and the matters set forth in this resolution are expressly conditioned upon a finding by Metro Dade County that the South Miami Redevelopment Area is a "blighted" area within the meaning of Part III of Chapter 163, Florida Statutes, and further conditioned upon a subsequent delegation of authority by Metro Dade County to the Mayor and Commission of the City of South Miami, pursuant to Florida Statute 163.410; and Section H. That, as evidenced by the expert testimony of Dickey Consulting Services, a blighted or slum area, as defined in Section 163.340, Florida Statutes (1993), exists and is specifically delineated in the accompanying report. The areas described in the report shall be referred to as the "South Miami Redevelopment Area." Section III. That the rebuilding, rehabilitation, conservation and redevelopment of the South Miami Redevelopment Area as provided in the Community Redevelopment Act of 1969, Chapter 69-305, Laws of Florida, Codified As Chapter 163, Part III, Florida Statutes (1993) (hereinafter referred to as the "Community Redevelopment Act ") is necessary and in the interest of the public health, safety, morals. and welfare of the residents of the City of South Miami pursuant to the provisions of Section 163.355, Florida Statutes (1993). Section N. That the South Miami Redevelopment Area is hereby found and declared to be a slum or blighted area as defined in Section 163.340, Florida Statutes (1993). Section V. That the City Manager initiate and prepare a plan for redevelopment for adoption in accordance with Sections 163360 thru 163.365, I are 1•. .4 - .. Section VII. That this resolution shall be effective immediately upon its passage. PASSED AND ADOPTED this 21st day of May, 1996. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: YOR COMMISSiOPr VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea Approved Mavor Agenda r tem No. 4M } Veto 12 -3 -96 Override R- 1374 -96 RESOLUTION NO. RESOLUTION DECLARING CERTAIN GEOGRAPHIC AREA OF CITY OF SOUTH MIAMI, FLORIDA DESCRIBED GENERALLY AS BOUNDED BY S.W. 62ND AVENUE ON THE WEST, S.W.62ND STREET ON THE NORTH, S.W. 57TH AVENUE ON THE EAST, AND S.W. 72ND STREET ON THE SOUTH TO BE A SLUM OR BLIGHTED AREA. DECLARING THE REBUILDING. REHABILITATION. CONSERVATION AND REDEVELOPMENT OF THE AREA TO BE N THE INTEREST OF THE PUBLIC HEALTH. SAFETY, MORALS AND WELFARE OF RESIDENTS OF CITY OF SOUTH MIAMI AND OF DADE COUNTY. FLORIDA: FINDING NEED FOR CREATION OF COMMUNITY REDEVELOPMENT AGENCY; DELEGATING CERTAIN COMMUNITY REDEVELOPMENT POWERS TO THE CITY OF SOUTH MIAiv1I: PRO`'IDNG FOR AN EFFECTIVE DATE WHEREAS. the Florida Legislature enacted the Community Redeveiopment Act of 1969 during its 1969 Le_isiative Session. which enactment is presentiy codified in the Florida Statutes as Part III of Chapter 163. Sections 163.3330 through 163.450, (as amended): and WHEREAS. all powers arising through the aforesaid enactment are conferred by that enactment upon counties Mth Home Rule charters. which counties in turn are authorized to delegate certain such powers to municipaiities t%ithin their boundaries; and WHEREAS. such authorization for counties to delegate such powers to municipalities is contained in Section 163.410. Florida Statutes: which states: 163.410 Exercise of powers in counties with home rule charters Agenda Item No. 4 (V) Page No. 2 In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county. Hdwever, the governing body of any such county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon the county by this part within the boundaries of a municipality to the governing body of such a municipality. Such a delegation to a municipality shall confer only such powers upon a municipality as shall be specifically enumerated in the delegating resolution. Any power not specifically delegated shall be reserved exclusively to the governing body of the county. This section does not affect any community redevelopment agency created by a municipality prior to the adoption of a county home rule charter. WHEREAS, on May 21, 1996, the City Commission of the City of South Miami adopted Resolution No. 105-96-9859 (the "City of Resolution" No. 105 -96- 9589), attached hereto as Exhibit D which, among other things, declared the Redevelopment Area defined therein to be a "slum or blighted area ", and made a finding of necessity as to the rehabilitation, conservation or redevelopment, or combination thereof, of such Redevelopment Area; and WHEREAS, the Board considered the "Findings of Necessity" Report attached hereto as Exhibit B, concerning the existence of slum or blighted areas within the City of South Miami; and WHEREAS, the Board hereby concurs with the City of South Miami and finds that one or more slum or blighted areas, as defined in Section 163.340, Florida Statutes (1996), exist within the City of South Miami boundaries; and WHEREAS, the Board hereby finds that rebuilding, rehabilitation, conservation, and redevelopment of said slum or blighted area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of South Miami and of Dade County, Florida; and v I Agenda Item No. s (V) Page No. 3 WHEREAS, the Board hereby finds that said slum or blighted area is appropriate for redevelopment: and WHEREAS, the Board hereby finds that there is a need for a community redevelopment agency within the City of South Miami, to carry out the community redevelopment purposes of Chapter 163, Part III, Florida Statutes (1996); and WHEREAS, the Board desires to delegate certain community redevelopment powers to the City of South Miami pursuant to Chapter i 63. Part III. Florida Statutes (.1996). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, THAT: Section 1. The foregoing recitations are deemed true and correct and are hereby incorporated as a part of this resolution. Section _ As evidenced by the findings contained in Exhibit B. and as defined in Section 163.340. Florida Statutes (. I 996) , a blighted or slum area exists in an area or-the City of South Miami described generally as bounded by S.W. 62nd Avenue on the West, S.W. 62nd Street on the North, S.W. 57th Avenue on the East, and S.W. 72nd Street on the South, which is specifically described in Exhibit A. attached hereto and incorporated herein by this reference. The area described herein and specifically in Exhibit A shall be referred to as the "South Miami Redeveiopment Area." Agenda Item No. 4 (V) Page No. 4 _ Section The rebuilding, rehabilitation, conservation and redevelopment of the South Miami Redevelopment Area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City of South Miami and of Dade County, Florida as a whole, said finding of necessity being made within the meaning of Part III of Chapter 163, Florida Statutes (1996). Section 4. The South Miami Redevelopment Area is hereby found and declared to be a slum or blighted area as defined in Section 163.344, Florida Statutes (1996). Section 5. There is a need for a community redevelopment agency to function in the City of South Miami to carry out the community redevelopment purposes of the Community Redevelopment Act of 1969, codified as Chapter 163, Part III, Florida Statutes (1996). (the `Community Redevelopment Act") Section 6. The Board hereby delegates the following community redevelopment powers to the City of South Miami in accordance with Part III of Chapter 163, Florida Statutes (1996): a. Declare the need for and create a community redevelopment agency and to delegate powers to that agency or to declare itself as the agency with the power to exercise such powers which may be assigned to the agency; b. Initiate, prepare and adopt a plan of redevelopment and any amendments thereto, which plan and amendments shall be subject to the subsequent review and approval by the Board; and C. All powers not specifically delegated to the City of South Miami are reserved exclusively for the Board. (1-2 a Agenda Item No. 4 (V) Page No. 5 The foregoing resolution was offered by Commissioner Pedro Reboredo who moved its adoption. The motion was seconded by Commissioner Dennis C. Moss and upon being put to a vote, the vote was as follows: Dr. Miriam Alonso aye Dr. Barbara M. Carey aye Betty T. Ferguson aye Gwen Margolis aye Timmy L. Morales absent Pedro Reboredo absent Javier D. Souto James Burke absent Nfiiguel Diaz de la Portilla aye Bruce C. Kaplan absent Natacha Seijas Millar absent Dennis C. Moss aye - Katy Sorenson aye absent: The Chaimerson thereupon declared the resolution duly passed and adopted this 3rd dati of December, 1996. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed. shall become effective only upon an override by this Board. Approved by County Attorney as to form and legal sufficiency. I DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS M M �S 3i. •'••Go HARVEY RUVIN. CLERK • coumTy.. I2. ow T T � t��'{ Y S� l LIV f+ � Deputy Clerk Approved by County Attorney as to form and legal sufficiency. I STATE OF FLORIDA j S5: COUNTY OF DADE ) I. HARVEY RWIN, Clerk of the Circuit Court in and for Dade County, F l or i da, and Ex -Of f i c i o C l erk of the Board of County Cc= 1 Es i oners of sa i d County, DO FAY CERTIFY that the above and foregoing is a true and correct Copy of Resolution No. R- 1374 -96 adopted by the said board of County Carenissioners at Its meeting held on Decmber 3'` 1996 I N W I TfESS M- E3U30F, I have hereinto set my hand and o f f i c i a l sea 1 cn this 10th day o f December A.D. 9f2a HARVEY RUV I N, Clerk Board of County Ct=i ssioners � Dade County, F I, r i ca J BY % DWuty C I erkc — 'J �f Board of County Cr- t ssioners Dade County, = :orida .:LXICT 53 ?J Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1995 ments. encouraging voluntary rehabilitation, and com- pelling the repair and rehabilitation of deteriorated or deteriorating structures; the development of affordable housing: and the clearance and redevelopment of slum and blighted areas or portions thereof. History. —s. 5, ch. 69 -305; s. 3. ch. 64 -356: s. 3. ch. 94 -236. 163.353 Power of taxing authority to tax or appro- priate funds to a redevelopment trust fund in order to preserve and enhance the tax base of the authority, Notwithstanding any other provision of general or spe- cial law, the purposes for which a taxing authority may levy taxes or appropriate funds to a redevelopment trust fund include the preservation and enhancement of the tax base of such taxing authority and the furthering of the purposes of such taxing authority as provided by law. History. —s. 21, ch. 84 -356. 163.355 Finding of necessity by county or munici- pality.—No county or municipality shall exercise the authority conferred by this part until after the governing body has adopted a resolution finding that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipal- ity; and, (2) The rehabilitation, conservation, or redevelop- ment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. History. —s. 6, ch. 69 -305; s. 4, ch. 84 -356; S. 4, ch. 94 -236. 163.356 Creation of community redevelopment agency.- (1) Upon a finding of necessity as set forth in s. 163.355, and upon a further finding that there is a need for a community redevelopment agency to function in the county or municipality to carry out the community redevelopment purposes of this part, any county or municipality. may create a public body corporate and politic to be known as a "community redevelopment agency." Each such agency shall be constituted as a public instrumentality, and the exercise by a community redevelopment agency of the powers conferred by this part shall be deemed and held to be the performance of an essential public function. The community redevel- opment agency of a county has the power to function within the corporate limits of a municipality only as, if, and when the governing body of the municipality has by resolution concurred in the community redevelopment plan proposed by the governing body of the county. (2) When the governing body adopts a�Fsclution declaring the need for a community redevelopment agency, that body shall, by ordinance, appoint a board of commissioners of the community redevelopment agency, which shall consist of not fewer than five or more than seven commissioners. The terms of office of the commissioners shall be for 4 years. except that three of the members first appointed shall be designated to serve terms of 1, 2, and 3 years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of 4 years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. (3)(a) A commissioner shall receive no compensa• tion for services, but is entitled to the necessary expenses, including travel expenses, incurred in the dis- charge of duties. Each commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappoint• ment of any commissioner shall be filed with the clerk of the county or municipality, and such certificate is con- clusive evidence of the due and proper appointment of such commissioner. (b) The powers of a community redevelopment agency shall be exercised by the commissioners thereof. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number. Any per- son may be appointed as commissioner if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a ser- vice for compensation, or serving as an officer or direc- tor of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with the area of operation of the county or municipality, and is otherwise eligible for such appointment under this part. (c) The governing body of the county or municipality shall designate a chair and vice chair from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires. and determine their qualifications, duties, and compen- sation. For such legal service as it requires, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this part shall file with the governing body and with the Auditor General, on or before March 31 of each year, a report of its activities for the preceding fis- cal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the county or municipality and that the report is available for inspection during business hours in the office of the clerk of the city or county commission and in the office of the agency. (d) At any time after the creation of a community redevelopment agency, the governing body of the county or municipality may appropriate to the agency such amounts as the governing body deems necessary for the administrative expenses and overhead of the agency. (4) The governing body may remove a commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he or she has been given 1252 F.: ?995 F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163 � . a copy of the charges at least 10 days prior to such hear- ing and has had an opportunity to be heard in person or by counsel. History. —s. 2, ch. 77 -391; S. 1, ch. 83 -231: s. 6. ch. 84 -356: S. 903. ch. 95 -147. 163.357 Governing body as the community rede- velopment agency, (1)(a) As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s. 163.355, or at any time thereafter by adoption of absolution, declare itself to be an agency, in which case all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred. (b) The members of the governing body shall be the members of the agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality. If the governing body declares itself to be an agency which already exists, the new agency is sub- ject to all of the responsibilities and liabilities imposed or incurred by the existing agency. V (c) A governing body which consists of five mem- 6ers may appoint two additional persons to act as mem- bers of the community redevelopment agency. The terms of office of the additional members shall be for 4 years, except that the first person appointed shall ini- tially serve a term of 2 years. Persons appointed under this section are subject to all provisions of this part relat- ing to appointed members of a community redevelop- ment agency. (2) Nothing in this part prevents the governing body from conferring the rights, powers, privileges, duties, and immunities of a community redevelopment agency upon any entity in existence on July 1, 1977, which has been authorized by law to function as a downtown development board or authority or as any other body the purpose of which is to prevent and eliminate slums and blight through community redevelopment plans. Any entity in existence on July 1, 1977, which has been vested with the ,rights, powers, privileges, duties, and immunities of a- community redevelopment agency is Subject to all provisions and responsibilities imposed by this part, notwithstanding any provisions to the contrary in any law or amendment thereto which established the entity. Nothing in this act shall be construed to impair or diminish any powers of any redevelopment agency or other entity as referred to herein in existence on the effective date of this act or to repeal, modify, or amend My law establishing such entity, except as specifically set forth herein. History. —s. 2, ch. 77 -391: s. 75, ch. 79 -400: s. 2, ch. 83 -231: S. 5, ch. 84 -356. .163.358 Exercise of powers in carrying out com- munity redevelopment and related activities. —The community redevelopment powers assigned to a com- munity redevelopment agency created under s. 163.356 include all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, except the following, which continue to vest in the governing body of the county or municipality: (1) The power to determine an area to be a slum or blighted area, or combination thereof; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto. (2) The power to grant final approval to community redevelopment plans and modifications thereof. (3) The power to authorize the issuance of revenue bonds as set forth in s. 163.385. (4) The power to approve the acquisition, demolition, removal, or disposal of property as provided in s. 163.370(3) and the power to assume the responsi- bility to bear loss as provided in s. 163.370(3). History. —s. 2. ch. 77 -391: s. 70. ch. 81 -259: s. 7, ch. 84 -356: s. 34, ch. 91-45. 163.360 Community redevelopment plans. — (1) Community redevelopment in a community rede- velopment area shall not be planned or initiated unless the governing body has, by resolution, determined such area to be a slum area, a blighted area, or an area in which there is a shortage of housing affordable to resi- dents of low or moderate income, including the elderly, or a combination thereof, and designated such area as appropriate for community redevelopment. (2) The community redevelopment plan shall: (a) Conform to the comprehensive plan for the county or municipality as prepared by the local planning agency under the Local Government Comprehensive Planning and Land Development Regulation Act. (b) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, rede- velopment, improvements, and rehabilitation as may be proposed to be carried out in the community redevelop- ment area; zoning and planning changes, if any; land uses; maximum densities; and building requirements. (c) Provide for the development of affordable hous- ing in the area, or state the reasons for not addressing in the plan the development of affordable housing in the area. The county, municipality, or community redevelop- ment agency shall coordinate with each housing author- ity or other affordable housing entities functioning within the geographic boundaries of the redevelopment area, concerning the development of affordable housing in the area. (3) The county, municipality, or community redevel- opment agency may itself prepare or cause to be pre- pared a community redevelopment plan, or any person or agency, public or private, may submit such a plan to a community redevelopment agency. Prior to its consid- eration of a community redevelopment plan, the commu- nity redevelopment agency shall submit such plan to the local planning agency of the county or municipality for review and recommendations as to its conformity with the comprehensive plan for the development of the county or municipality as a whole. The local planning agency shall submit its written recommendations with respect to the conformity of the proposed community redevelopment plan to the community redevelopment agency within 60 days after receipt of the plan for review. Upon receipt of the recommendations of the local planning agency, or, if no recommendations are received within such 60 days, then without such recom- mendations, the community redevelopment agency may 1253 C 3rr o� SUTH a MIAMI SECTION I: TASKS Actions Necessary for the Proper Creation of a Community Redevelopment Agency for the City of South Miami under Chapter 163, Part III Florida Statutes, the establishment of the Tax Increment Funding mechanism, and the establishment of a Redevelopment Trust Fund as required in a Chapter 125 county such as Dade. It should be noted that there are several actions listed below that are not required to proceed in a set order. The events that take place during the adoption process will dictate changes in some instances. Action One: Notice to Taxing Authorities Section 163.346, F.S.: Notice shall be provided to all taxing authorities which levy ad valorem taxes on property within the boundaries of the proposed Redevelopment Area. This shall be completed by registered mail at least 15 days prior to the adoption of any resolution r11 iw�: i� or ordinance required under Sections 163.355, 163.356, 163.357 or 163.387, F.S.. Action Two: Finding of Necessity As per Section 163.355, F.S., the City must adopt a resolution declaring the existence of slum and blight and stating the necessity of redevelopment in the public interest. While the statute only requires the adoption of a resolution to meet this requirement, it is prudent to have an expert conduct a survey to document the Finding of Necessity and to accept expert testimony in a public hearing as to the existence of the need for redevelopment based upon the survey and other statutorily required issues. The 1980 Lakeland case regarding the validity of redevelopment bonds that the CRA issued is a good case in point. The Finding of Necessity shall be included in a future County- adopted resolution and shall be part of the adopted Redevelopment Plan (preferably as an appendix). This "Finding" relate to a specified geographic area which shall be the Community Redevelopment Area and shall be described in a legal description. This legal description shall follow all documentation and actions relating to the establishment of a Community Redevelopment Agency and Tax Increment Financing. It is important to consider tax code issues regarding tax free or taxable redevelopment bonds based on the size of the area and the total taxable value generated by the area as it relates to the City as a whole. Action Three: Resolution by the Dade County Board of County Commissioners A resolution shall be adopted by the Dade County Board of County Commissioners delegating certain authority to the City regarding community redevelopment powers. This is required in Section 163.410 F.S.. It should be noted that the City will still need further approval from the Dade County Board of County Commissioners for the adoption of its Redevelopment Plan, the establishment of Tax Increment Financing, and the ratification of an Interlocal Agreement specifying the City's powers, reporting requirements, establishing the working relationship with the County, and any limitations that may be placed upon the expenditure of funds or other redevelopment activity. This is to be negotiated prior to final approval of all CRA- related requirements by the County. The successful negotiation of the Interlocal Agreement will be key to the City's chances of accomplishing its redevelopment goals. Amendments to the statute made by the Legislature in 1994 are important to this process. It should be noted that this resolution can be adopted at several points during the initial stages of setting up a CRA and TIF. This is not the final action required by the Dade County Board of County Commissioners. Action Four: A Resolution of the City Council A resolution shall be adopted by the City Council as per Section 163.356 F.S. which shall state the need for a CRA and declare itself to be a CRA, and it is recommended that it also declare its members to be the board of said agency. This resolution may also designate the officers of said agency. Action Five: The Proposed Community Redevelopment Plan The proposed Community Redevelopment Plan shall be submitted formally by the Agency to the Local Planning Agency (LPA) of the City. This Board can be the official LPA or an existing advisory LPA. The LPA has 60 days from the receipt of the Community Redevelopment Plan to comment on the conformity of the Community Redevelopment Plan to the City Comprehensive Plan that is in existence at the time the Community Redevelopment Plan is received. It should be noted that although Section 163.360(3), F.S. allows the Community Redevelopment Agency to move forward to the public hearing with the City Council in the event that 60 days passes without comment by the LPA, it is still statutorily incumbent that the Community Redevelopment Plan be in conformance with the Comprehensive Plan. If a Comprehensive Plan amendment is required, it needs to be addressed in a timely manner in order for the process to continue in a timely and proper fashion. These requirements must be addressed prior to Action Six. Action Six: Adoption of the Community Redevelopment Plan by Agency Resolution The adoption of the Community Redevelopment Plan by the Agency is established under Section 163.360(4), F.S. and is the step prior to submitting the Plan to the City Council and each affected taxing authority. The actual adoption of a resolution is optional. The plan can be forwarded by a simple majority vote of the Council or may be submitted through staff channels. Action Seven: Notice to Taxing Authorities prior to public hearing Notice to Taxing Authority(s) by registered mail at least) 5 days is required prior to the public hearing at which the adoption of the Community Redevelopment Plan and the creation of a TIF mechanism and fund by adoption of the statutorily required ordinance will be considered. Public notice is required prior to this hearing and shall contain the information required by Section 163.360(5), F.S.. Action Eight: Approval of Community Redevelopment Plan by City Council After the public hearing is held, the Comprehensive Plan and LPA issues are resolved, and timely notice and required public comment are conducted, the City Council may adopt an ordinance approving the Community Redevelopment Plan. This can be accomplished if the Council finds that all conditions outlined in Section 163.360(6)A -D, F.S. are satisfied. This ordinance shall also provide for the City to submit the approved Plan to the Dade County Board of County Commissioners. Action Nine: Public Notice Concerning City's Intent to Adopt an Ordinance Establishing the Trust Fund As pursuant to Section 163.387 F.S., the City shall publish a Notice of its Intent to adopt an ordinance providing for the appropriation of Tax Increment Financing to a newly established Redevelopment Trust Fund. It is recommended that this notice also provide conditions relating to future redevelopment bonds, expenditure of trust funds, . . 11'T . delegation to the agency to administer said funds, providing for an annual audit, and providing an effective date. Action Ten: Ordinance Adopted by the City Establishing the Redevelopment Trust Fund and Providing for the Appropriation of Tax Increment Financing The City shall adopt an ordinance that addresses all activities as presented in Section 163.387 F.S. and expressed in the public notice. Action Eleven: Resolution to Re -Adopt Community Redevelopment Plan if Necessary If necessary, the City has the opportunity at this juncture to adopt a resolution amending the original Community Redevelopment Plan if the Plan needs to be modified to conform with the negotiations related to the Interlocal Agreement with Dade County or to conform with the City's Comprehensive Plan. It is often the case that Dade County will request some changes which may be minor, such as language, policies, or coordination statements, or requested changes may be more significant. While these minor changes may not effect the overall thrust or design of the City's Plan, if is incumbent upon the City to incorporate them and re -adopt the new Plan by resolution prior to submitting it to the County. It is key to understand that the Comprehensive Plan can be modified to conform to the proposed k„i Community Redevelopment Plan if desired and acceptable. In many instances, adjustments are made to both plans to allow for the conformity requirement to be met. It is important to note that the Redevelopment Plan is not official at this point due to the fact that the County has yet to ratify it. The advantage of this is that it allows the City to amend and modify its proposed Community Redevelopment Plan while it is a work -in- progress without showing progress. This resolution adopting the Plan shall also contain a statement directing the City Manager to submit the Plan to the Board of County Commissioners for its approval. Action Twelve: Resolution by Dade County Declaring Redevelopment Area Boundaries, Establishing a Need for a CRA, and Accepting the Finding of Necessity The Dade County Board of County Commissioners shall adopt a resolution accepting the Finding of Necessity analysis and the existence of slum and blighted areas within the City, concurring with the boundaries of the Redevelopment Area, finding that redevelopment is in the interests of the citizens of South Miami, and establishing the need for a Community Redevelopment Agency within the City of South Miami. P �' I s •ti . 1 Action Thirteen: Resolution by the Dade County Board of County Commissioners Adopting the South Miami Community Redevelopment Plan Affirming Delegation of Certain Powers to the City Council for Redevelopment Activities, and Approving the Interlocal Agreement between the County and the City /CRA This resolution by Dade County shall formally adopt the South Miami Community Redevelopment Plan and the negotiated Interlocal Cooperation Agreement that will govern the redevelopment activities and relationship between the City /CRA and the County for future years. It is stressed once again that the successful negotiation of an Interlocal Agreement which will allow the City the necessary powers, resources and flexibility to carry out its goals area essential. Action Fourteen: Ordinance Establishing a Redevelopment Trust Fund and Providing an Appropriation of County Funding under TIF This ordinance establishes a Redevelopment Trust Fund for which Tax increment Funds are to be used in conjunction with other revenues to finance the redevelopment activities in the prescribed Redevelopment Area and expressed in the adopted Community Redevelopment Plan. The ordinance also sets forth the County's obligation to annually appropriate Tax Increment Funds to the City of South Miami's Redevelopment Trust Fund. It is key that a 1994 3 1 amendment to the Florida Statute gives the County the flexibility to negotiate a TIF payment between 50% and 95% of the calculated Tax Increment. This is further reason to note the importance of the negotiations that take place under the Interlocal Agreement as well as the political discretion possessed by the Dade County Commission. This is an issue that should be discussed at the highest policy levels of the City between the Mayor and Council, City Manager, City Attorney, and Redevelopment Consultant. Action Fifteen - part one: Resolution by City Council Adopting the Terms and Conditions of the Interlocal Cooperation Agreement with the Dade County Board of County Commissioners Action Fifteen - part two: Resolution by Community Redevelopment Agency Adopting the Terms and Conditions of the Interlocai Cooperation Agreement with the Dade County Board of County Commissioners In the City Council's version of this resolution, the responsibilities that are required by the Interlocal Agreement should be assigned to the Community Redevelopment Agency as the Council sees to be in the best interest of successful redevelopment. In the CRA version, they should accept the responsibilities delegated to them by the Council and acknowledge the limitation of their powers as prescribed by Section 163.358, F.S.. is Issue One: Public Input In order for a community to have ownership of any plan, it is key that as many individuals and groups as possible participate, contribute, and argue over the contents of that plan. The investment in time and resources at the initial stages of this process will be key to our success and will demonstrate that the professional staff and consultants serving the City are making every effort to serve the public. Precedence for broad community involvement was set in the Fall 1994 charette workshops which led to the creation of the "The 'Hometown Plan' Area 2." Approximately 200 citizens and many community organizations were involved in this effort. While there is not a need to replicate all that has been done in the past, we must make every effort to keep the public informed as to how previous plans and their input from the past are helping to decide the City's redevelopment area's future. The Mayor and Council will be key in identifying community leaders and organizations that the Redevelopment Consultant should meet with personally to insure their involvement and understanding of the City's efforts. Routine briefings with the Council members should be conducted by the City Manager and the Redevelopment Consultant. Issue Two: A Comprehensive Approach Cities often make the mistake of hiring consultants one -by -one to accomplish piece -by -piece the series of tasks that make up an overall successful redevelopment strategy. As stated in the City's initial Request for Letters of Qualification, the ideal consultant "must have successfully facilitated the approval of a Community Redevelopment Area application or comparable project through Metro -Dade, including interlocal agreement." Individuals who have accomplished all of what the City is looking for are rare. In utilizing one primary consultant, there allows for one focus point. Groups of consultants often lead to no one in charge of getting the work done; and therefore, no one responsible. n the City of South Miami, it is necessary to review and evaluate the role of all of the pieces of the redevelopment /community development puzzle that currently exist. Obvious documents such as the Land Development 12 Code, Comprehensive Plan, Evaluation and Appraisal Report, and subsequent amendments, and the budget need to be understood thoroughly as well as reports and plans such as T.O.D.D., the "Hometown Plan," and other activities that are unique to South Miami. This cannot be accomplished with a piecemeal approach. Issue Three: The Plan's Philosophy: Programs vs. Pictures For a redevelopment plan to be successful, it must first truly reflect the desires of the community, and second, be realistic. Communities who rely on "pretty pictures" that overly specify exactly what has to happen at a given street corner or on a given vacant lot often face problems when it comes time for the private investment sector to step up and try to make the redevelopment goals of the plan a reality. It is imperative to have a balancing act between redevelopment programs and site specific planning. A plan that is either financially unrealistic or overly restrictive may turn out to be its own worst enemy. In the public forums conducted to gain community input towards the adoption of this plan, it will often be the case that citizens will argue whether a particular corner should have an arcade row of shops or a public park, but they will not argue about whether or not the redevelopment plan should wa possess an attractive architectural standards program or a landscaping and beautification program. The latter of these options is more workable, more flexible, more acceptable to public and developers, and will get the job done more effectively. Issue Four: Technical Aspects of Redevelopment and TIF It is imperative that the City's Redevelopment Consultant invest information in the City management and staff so that when the consultant's responsibilities are complete, the City Council and the citizens will have resources they can draw from in- house. This allows for the City to expend very few precious tax dollars in the future on outside advice. Issue Five: Politics Once the community of South Miami has come together and the Council has adopted the proposed redevelopment plan, it is key that we successfully negotiate an interlocal agreement with Dade County that will allow for the City to have the power and resources it requires to reach its goals. Historically, the County's senior staff has attempted to laden a City with budget restrictions, reporting requirements, and "semi - approval" clauses that serve as a hindrance. The Redevelopment Consultant should be the point man in negotiating and lobbying for a successful interlocal agreement. The Mayor, Council and City Manager should remain in a DRAOI9 T position of having only positive discussions with County staff and Dade Commissioners to the maximum degree possible. The Council will also be key in establishing contact with the appropriate County Commissioners. Issue Six: Timing In reviewing several of the responses to the City's initial RFQ, the time frame proposed by some of the consultants for the complete establishment of an agency, TIF and approved plan was twenty months. This is not acceptable. In order to capture a "healthy" TIF revenue stream in the City's first year, it is imperative that we accelerate this process if at all possible to nine months. It should be the City leadership's goal to give their citizens a fully established and operational redevelopment agency and TIF fund as a Christmas gift in 1997. 15 Chu 0t Soudh fMia i 6130 Sunset Drive, South i`,liami, Florida 33143 663.6300 OFFICIAL NOTICE TO TAXING AUTHORITIES March 4, 1997 The City of South Miami hereby notifies the Taxing Authorities, identified in App. 1, which levy ad valorem taxes on taxable property contained within the geographic boundaries of a proposed redevelopment area identified in App. 2 of the city's intent to create a Community Redevelopment Agency in accordance with Chapter 163, Part III, Florida Statutes, known as the "Community Redevelopment Act of 1969." A resolution finding that there is a need for a community redevelopment agency and appointing the City Commission as the governing body will be presented to the City Commission for approval on April 1, 1997. G ACLI ENTS\CSM \CRA \TAXAUTH2.NOT "City or Pleasant Living" APPENDIX 1 TAXING AUTHORITIES Mary Somerville, Director Dade County Public Library System 101 W. Flagler Street Miami, FL 33130 Chief Robert David Paulison Dade County Fire Department 6000 SW 87th Avenue Miami, FL 33173 Armando Vidal, County Manager Dade County 111 N.W. 1 st Street, Suite 2910 Miami, FL 33128 Alan T. Okes, Superintendent Dade County Schools 1450 NE 2nd Avenue, Room 912 Miami, FL 33132 Julio Sanjul, Director South Florida Water Management District 1550 Madruga Avenue, Suite 412 Coral Gables, FL 33146 Everglades Project South Florida Water Management District P.O. Box 24680 West Palm Beach, FL 33416 -4680 Art Wilde, Executive Director Florida Inland Navigation District 1314 Marcinski Road Jupiter, FL 33417 GACLIENTS \CSM \CRA\TAXAUT11.AP t Office of the City Attorney, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143 APPENDIX 2 COMMUNITY REDEVELOPMENT AGENCY BOUNDARY DESCRIPTION Beginning at a point, said point being the southeast corner of Section 25, Township 54 South, Range 40 East and being the intersection of the centerline of Southwest 57 Avenue (Red Road) and the centerline of Southwest 72 Street (Sunset Drive); thence running westerly along the south line of the aforesaid Section 25, said line being the centerline of Southwest 72 Street (Sunset Drive), a distance of 2,640 feet, more or less, to the intersection of the centerline Southwest 72 Street (Sunset Drive) and the centerline of Southwest 62 Avenue (Paul Tevis Road), the same being the southwest corner of the southeast quarter of said Section 25; thence, running northerly along the west line of the southeast quarter, the same being the centerline of Southwest 62 Avenue (Paul Tevis Road), a distance of 3,463 feet, more or less, to the intersection of the centerline of Southwest 62 Avenue (Paul Tevis Road) and a line, the same being the western extension of the northern right -of -way line of Southwest 62 Street; thence running easterly along said line, and continuing along the northern right -of -way line of Southwest 62 Street, a distance of 1,362 feet, more or less, to the intersection of the northern right -of -way line of Southwest 62 Street and the eastern right -of -way line of Southwest 59 Avenue; thence running southerly along the eastern right -of -way line of Southwest 59 Avenue, a distance of 159 feet, more or less, to the intersection of the eastern right -of -way line of Southwest 59 Avenue and a line, the same being the western extension of the north line of Lots A, B, C and D of Block 1, University Gardens No. 1 Subdivision, A Re -Plat of Block 2, according to the plat thereof, as recorded in Plat Book 91 at Page 36 in the Public Records of Dade County, Florida; thence running easterly along the north line of said Lots A, B, C, and D, a distance of 309 feet, more or less, to the northeast corner of said Lot A, the same being the northeast corner of University Gardens No.I Subdivision; thence southerly along the eastern line of University Gardens No.I Subdivision, according to the plat thereof, as recorded in Plat Book 89 at Page 15 in the Public Records of Dade County, Florida, a distance of 662 feet, more or less, to the southeast corner of University Gardens No.l Subdivision, the same being a point in the centerline of Southwest 64 Street (Hardee Drive); thence running easterly along the centerline of Southwest 64 Street (Hardee Drive), the same being the north line of the south half of said Section 25, a distance of 990 feet, more or less, to the intersection of the centerline of Southwest 64 Street (Hardee Drive) and the centerline of Southwest 57 Avenue (Red Road), the same being the northeast corner of the southeast quarter of said Section 25; thence running southerly along the centerline of Southwest 57 Avenue (Red Road), a distance of 2,640 feet, more or less, to the intersection of the centerline of Southwest 57 Avenue (Red Road) and the centerline of Southwest 72 Street (Sunset Drive), the same being the southeast corner of said Section 25, Township 54 South, Range 40 East, said point being the Point of Beginning. Revised November 14, 1996 Final Version G ACLIENPS\CSMICRAV.EGAL.AP2 Office of the City Attorney, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143