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01-17-95
Mayor: Vice Mayor: Neil Carver R. Paul Young Commissioner: Commissioner: Commissioner: Ann B. Bass Thomas Todd Cooper Tom Cunningham CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: January 17, 1995 6130 Sunset Drive, So. Miami, FL Next Meeting date: February 7, 1995 Phone: (305) 663 -6340 PURSUANT TO FLA STAT. 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 CONSTITUTE 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 to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - January 3, 1994 2) City Manager's Report 3) City Attorney's Report CONSENT AGENDA S 4. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to continue the lease for 6900 SW 59th Place, location of the Career Counseling Program during 1995. Funds for this purpose are drawn solely from funds provided by a Grant from The Training and Employment Council. (Administration) 3/5 d� 5. A Resolution of the M Y or and the City Commission of the City of South Miami, Florida, approving Amendment to Lease - Agreement of South Miami Field. (Administrations 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of 184 trophies and 54 plaques from the Sports Center, Inc. , for a total price not to exceed $1,633.00 by the Recreation Department and charging the disbursement of $1,048.00 to Account No. 2000- 5630 "Recreation - Football ", and charging the disbursement of $585.00 to Account No. 2000 -5631 "Recreation - Cheerleading." (Administration /Recreation) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter into. a Lease /Purchase Agreement with Riso, Inc. for the acquisition of a Digital Duplicator, charging the first annual payment to Account No. 2100 -4430. (Administration) 3/5 ORDINANCES - SECOND READING AND PUBLIC HEARING 1.93,1s-Kok 8. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Ordinance No. 1 -93 -15301 to provide for modification of the terms and conditions of a Conveyance of Real Property situated in Franklin and University Park Subdivisions to Habitat for Humanity of Greater Miami, Inc.; providing for severability; providing for ordinances in conflict; and providing an effective date. (City Attorney Gallop) 3/5 January 17, 1994 PAGE 2 rl,qq, loa-qA. 9. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Ordinance No. 7 -79 -1029 relating to abandoning and vacating an alley between Southwest 64 and 66 Streets and separating Blocks 9 and 10 of the Franklin Subdivision and Lots 115, 116 and 117 of the a' University Park Subdivision; providing for reverting the interest in a portion of the alley to owner of Lots 115, 116 and 117 of the University Park Subdivision; providing for severability; providing for ordinances in conflict; and providing an effective date. (City Attorney Gallop) 3/5 RESOLUTIONS FOR PUBLIC HEARING 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a Special Parking Permit pursuant to Section 20 -4.4 (F)(2)(a) of the Land Development Code to allow an off -site parking lot to be located on property in the RO (Residential Office) District, and GI/ specifically located at 7000 SW 62 Avenue, South Miami, FL 33143 and providing a legal description. I--, �- (Administration /P.B.) 3/5 13 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting two requests for variances from Section 20 -3.5 E of the Land Development Code to permit a net lot area of 91395 square feet where 10,000 square feet is required and to permit a net lot area of 9,050 square feet where 10,000 square feet is required, in order to create 2 buildable lots from a single lot on property located in the RS -3 (Medium Lot Single - Family Residential) Zoning District, and specifically located at 7041 SW 63 Court, South Miami, Florida, 33143 and providing legal description. (Administration /P.B.) 4/5 RESOLUTIONS none January 17, 1994 PAGE 3 ORDINANCES - FIRST READING 12.°: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, creating the Office of Development, approving the attached Budget for the 1994 -95 Fiscal Year and authorizing the City Manager to transfer funds from various accounts for the set up and operation of the new department; and providing an effective date. (Administration) 4/5 L, 13. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20 -2.3 of the Land DevelopmQnt Code in order to add a definition for "Wedding Chapel "; amen ection 20- 3.3(D) Permitted Use Schedule in order to permit WeddTntpQhapels in the LO, MO, I and PI Zoning Districts; amending Section - .4 (B) Special Requirements of the Special Use Conditions in orde to create a new Subsection IN (21) "Wedding Chapel"; amending Sec 'on 20- 4.4(B) (6) space requirements as contained in the Off- Street - Parking requirements in order to provide for —specific parking requirements for wedding chapels; providing for se ability; providing for ordinances in conflict; and provi g„ an ' effective date, (Administration) 4/5 PUBLIC REMARKS COMMISSION REMARKS TABLED /DEFERRED A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter into an agreement between the City of South Miami and Carod l Inc. for the use of three Dante Fascell Par/ Tennis Courts in exchange for 20 scholarships per trimester or up to 60 per academic year to participate in gymnastic classes at Carod l Inc.; setting forth terms and conditions as part of the agreement which is marked Exhibit "A'; attached hereto and made a part hereof by reference. (Vice -Mayor Young) 315 (111) January 17, 1994 PAGE 4 L)J Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: January 17, 1995 6130 Sunset Drive, So. Miami, FL Next Meeting date: February 7, 1995 Phone: ( 305 ) 663 -6340 PURSUANT TO FLA STAT. 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 CONSTITUTE 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 to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - January 3, 1994 2) City Manager's Report 3) City Attorney's Report CONSENT AGENDA 4 4. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to continue the lease for 6900 SW 59th Place, location of the Career Counseling Program during 1995. Funds for this purpose are drawn solely from funds provided by a Grant from The Training and Employment Council. qS"!qs-6(4 (Administration) 3/5 5. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida, approving Amendment to Lease Agreement of South Miami Field. (Administrate n) 3/5 -- - C� 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of 184 trophies and 54 plaques from the Sports Center, Inc., for a total price not to exceed $1,633.00 by the Recreation Department and charging the disbursement of $1,048.00 to Account No. 2000- 5630 "Recreation - Football ", and charging the disbursement of $585.00 to Account No. 2000- 5631 "Recreation - Cheerleading." (Administration /Recreation) 3/5 YS 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter into a Lease /Purchase Agreement with Riso, Inc. for the acquisition of a Digital Duplicator, charging the first annual payment to Account No. 2100 -4430. (Administration) 3/5 ORDINANCES - SECOND READING AND PUBLIC HEARING 8. An Ordinance of the Mayor and ty'Commission of the City of South Miami, Florida, amending Ordinance No. 1 -93 -1530, to provide for modification of the terms and conditions of a Conveyance of Real Property situated in Franklin and University Park Subdivisions to Habitat for Humanity of Greater Miami, Inc.; providing for severability; providing for ordinances in conflict; and providing an effective date. (City Attorney Gallop) 3/5 January 17, 1994 PAGE 2 a 9. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Ordinance No. 7 -79 -1029 relating to abandoning and vacating an alley between Southwest 64 and 66 Streets and separating Blocks 9 and 10 of the Franklin Subdivision and Lots 115, 116 and 117 of the University Park Subdivision; providing for reverting the interest in a portion of the alley to owner of Lots 115, 116 and 117 of the University Park Subdivision; providing for severability; providing for ordinances in conflict; and providing an effective date. (City Attorney Gallop) 3/5 RESOLUTIONS FOR PUBLIC HEARING / - qs-- qsza :3 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a Special Parking Permit pursuant to Section 20 -4.4 (F)(2)(a)- of the Land Development Code to allow an off -site parking lot to be located on property in the RO (Residential Office) District, and specifically located at 7000 SW 62 Avenue, South Miami, FL 33143 and providing a legal description. (Administration /P.B.) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting two requests for variances from Section 20 -3.5 E of the Land Development Code to permit a net lot area of 9,395 square feet where 10,000 square feet is required and to permit a net lot area of 9,050 square feet where. 10,000 square feet is required, in order to create 2 buildable lots from a single lot on property located in the RS -3 (Medium Lot Single- Family Residential) Zoning District, and specifically located at 7041 SW 63 Court, South Miami, Florida, 33143 and providing legal description. (Administration /P.B.) 4/5 RESOLUTIONS none January 17, 1994 PAGE 3 ORDINANCES - FIRST READING 12. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, creating the Office of Development, approving the attached Budget for the 1994 -95 Fiscal Year and authorizing the City Manager to transfer funds from various accounts for the set up and operation of the new department; and providing an effective date. (Administration) 4/5 13. An Ordnance of the Mayor and City Commission _ he City of South M i, Florida, amending Section 2 :3 of the Land Developmen ode in order to add a de ition for "Wedding Chapel "; amendi ection 20- 3.3(D) rmitted Use Schedule in order to permit Weddi Chapels i the LO, MO, I and PI Zoning Districts; amending Secti 20- .4 (B) Special Requirements of the Special Use Conditions i der to create a new Subsection (21) "Wedding Chapel "; a nding tion 20- 4.4(8)(6) space requirements as cont ined in t Off- Street- Parking requirements in ord to provide for ecific parking requirements for we, inn chapels; providing for verability; providing for o inances in conflict; and pro ding an effective date. , w (Administration) 4 PUBLIC REMARKS COMMISSION REMARKS TABLED /DEFERRED A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter into an agreement between the City of South Miami and Carod / Inc. for the use of three Dante Fascell Park Tennis Courts in exchange for 20 scholarships per. trimester or up to 60 per academic year to participate in gymnastic classes at Carod / Inc.; setting forth terms and conditions as part of the agreement which is marked Exhibit "A ", attached hereto and made a part hereof by reference. (Vice- Mayor Young) 315 (///) El�le_ C =TY C:)F S®LTTH M=AM:L INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: January 10, 1995 Agenda Item 14 From: Eddie Cox Re: Comm. Mtg. 01/17/95 City Manager Lease to House Career Counseling Program In July, 1993 the Commission authorized the Manager to enter a lease at 6900 S.W. 59th Place to house the Career Counseling Program, that lease required a monthly payment of $400.00 per month. The property owner has requested an increase to $500.00 per month since entering this lease as a more reasonable rental fee. The requested increase has been included in the budgeted funds received through the grant from the Training and Employment Council (TEC) and will not add a cost to the City. The Administration recommends approval of this resolution as being in the best interest of the City. EC:er RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTINUE THE LEASE FOR 6900 S.W. 59TH PLACE, LOCATION OF THE CAREER COUNSELING PROGRAM DURING 1995. FUNDS FOR THIS PURPOSE ARE DRAWN SOLELY FROM FUNDS PROVIDED BY A GRANT FROM THE TRAINING AND EMPLOYMENT COUNCIL. WHEREAS, the City of South Miami has entered a rental agreement to utilize the building at 6900 S.W. 59th Place a an office for the Career Counseling Program. The Commission desires to continue operations at the present location; and WHEREAS, the City Administration now requests the approval of the City Commission to execute a new agreement to continue use of this building. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission of the City of South Miami do hereby endorse and authorize the City Administration to execute a lease in the amount of $500.00 per month. PASSED AND ADOPTED this day of January, 1995 APPROVED: Neil Carver, Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop RENTAL AGREEMENT This agreement is entered into this 1st day of July, 1994 in Dade County, - Florida, by and between the City of South Miami, a political sub ivision og, the State of Florida (city) , and7,cc' , owner of property herein described as 6900 S.W. 59 Place, and provides the terms and conditions pursuant to which the City shall use the building at the above described address. Whereas South Miami desires to use the building to house the Career Counseling Program providing career counseling and support programming for participants and their families. Now therefore, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 1.1 The Owner agrees: a.To make available to the City exclusive use of the building located at 6900 S.W. 59 Place; b.To assure the building is structurally sound and tenantable, without leaks, the plumbing is in good working order, to repair any damage which occurs (except damage caused by South Miami),and to maintain the property's storm drain; c. To assure that the cooling system is operational during the term of this agreement; d.To provide items in section 1.1 (a through d) of this agreement in exchange for the agreed rental with the initial cost of any repair not to exceed seventy -five dollars ($ 75.00) to the City or the Program. 1.2 The City agrees: a.To pay directly to the owner the agreed upon rental fee of Five Hundred Dollars per month during the term of this agreement; It being understood said funds will be charged to the grant received from South Florida Employment and Training Consortium (SFETC); b.That the City will provide the staff from its resources to maintain the facility and grounds in a reasonable and appropriate manner. 1.3 The Owner and South Miami both agree: a. That every notice required under this agreement shall be in writing directed to the parties at their respective addresses as follows: The Owner: As to South Miami: Eddie Cox, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 b.That this Agreement may terminated by either party without cause by providing ninety (90) days advance written notification for termination delivered to the other party by certified mail - return receipt requested; c. That this Agreement shall become effective July 1, 1994 and shall continue through June 30, 1995. This Agreement may be renewed for successional one year periods, upon request by South Miami which request shall be contingent upon additional funding by SFETC; d.That this Agreement is the complete and exclusive statement of all the arrangements between the Owner and South Miami; e. The Owner, subject to the limitations and liabilities imposed by law, agrees to indemnify and save South Miami, harmless, from any and all claims, liability, losses and causes of action which may arise out of the Owner's negligence in the fulfillment of this Agreement. The Owner shall pay all claims and losses of any connection therewith, and shall defend all suits, in the name of South Miami when applicable, and shall pay all costs and judgments which may issue thereon; and f. South Miami, subject to the limitations and liabilities imposed by law, agrees to indemnify and save the Owner harmless, from any and all claims, liability, losses and causes of action which may arise out of South Miami's negligence in the fulfillment of this Agreement. South Miami, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the Owner when applicable, and shall pay all costs and judgments which may issue thereon. In witness whereof, the parties hereto have caused this Agreement to be executed the day and year written above. OWNER CITY OF SOUTH MIAMI caner City Manager Witness City Clerk Agmemah. III :11 CITY (',,)!F 11,30TIM-11 1AIMAI ):LATER 0F 1:C' KEKORIMDUM Ed Cox Date: January 5'th, 1995 City Manager Jim Cowen, Director Re: DADE COUNTY PUBLIC" SCHOOL LEASE Parks & Recreation Department OF SOUTH MIAMI 'FIELD The City of South Miami and [.:-.he Dade County Public Schools c'urrently have an agreement allowing the South MiamJ.. Middle Schoo.J.. - t-0 use South Miami Field during the s.choo-L year I . 'he School Board. pays rent to the City for use of the -facility-. In December 1993, the School Board acquired title to 1.29 acres o.f. City property. As a result, the lease must 'be amended to proportionally reduce rent the School Board pays the City. For the 1993-1994 school year the lease amount was $13,C ')63.80. For the 1994-1995 school year the lease amount will be $13,372.04. The School Board proposes to deduct the overpayment of $1,241.20 for 1993-1994 school year, from the rent due in 1994-1995. Thereafter•, the School Board shall pay $13,372.04 annually to the City, adjusted by the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners and Clerical Workers. I recommend approval of this agreement, and -it be placed. on the January 17, 1-995, City Commission Agenda for their- approval. JC/mst Attachments: Letter to Mr. Cox dated November 30th, 1994 Letter to Mr. Hampton dated October 24, 1994 Resolution Draft First Amendment to Lease Copy of existing lease dated December 1.2, 1979 Warranty Deed dated December 14, 1993 Sketch of Proposed Land Acquisition, dated January 10,1992 Explanation of Calculations Consumer Price Index report for September, 1994 \wpdcc ri \l.<aaecd¢ide.;ouChm .am i. f 101d ... _........ _ 3 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT TO LEASE AGREEMENT OF SOUTH MIAMI FIELD. WHEREAS, the South Miami City Commission leased real property to the Dade County Public Schools on December 12, 1979; and WHEREAS, on December 14, 1993 the School Board purchased a 56,213 square foot portion of the leased premises from the City, thereby reducing the size of the leased premises as described in the Lease, and WHEREAS, the City of South Miami and the Dade County Public School Board desires to amend the lease agreement to correct the description of the leased premises, adjust the rent, and to clarify and amend the duties and responsibilities of the parties, as more specifically described in the First Amendment to Lease Agreement; and WHEREAS, the Mayor and the South Miami City Commission desire to approve the First Amendment to the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Clerk shall record the Amendment to Lease Agreement in the public records of Dade County, Florida. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS DAY OF JANUARY, 1995. APPROVED: Mayor Neil Carver ATTEST: City Clerk Rosemary J. Wascura READ AND APPROVED AS TO FORM: DADS COUNTY PUBLIC SCHOOLS DIVISION OF SITE PLANNING & GOVERNMENT LIAISON • 1444 BISCAYNE BLVD., SUITE 302 • MIAMI, FLORIDA 33132 (305) 995 -7280 Octavio J. Visiedo Superintendent of Schools Mr. Eddie Cox City Manager City of South Miami 6130 S.W. 72nd Street South Miami, Florida 33143 Dade County School Board Ms. Betsy H. Kaplan, Chairperson Mr. G. Holmes Braddock, Vice - Chairperson Dr. Rosa Castro Feinberg November 30, 1994 Dr. Michael Krop Ms. Janet R. McAliley Mr. Robert Renick Ms. Frederica S. Wilson y3 i .I, 1,f,�` -.lip „ry ',t f iAY1t�� " } SUBJECT: Lease for South Miami Park @ South Miami Middle School Dear Mr. Cox: Reference my letter to Mr. Hampton of October 24, 1994 (copy enclosed). Enclosed is a draft first amendment to the subject lease. I have also enclosed a copy of the original lease, dated December 12, 1979, for your convenience. Paragraph 1 of the draft amendment redefines the leased premises as of the date of acquisition (December 14, 1993) by the School Board of a portion of the leased premises. A copy of the deed is enclosed. Also, please see the enclosed "Sketch of Proposed Land Acquisition for Dade County School Board" by Weidener Surveying and Mapping PA dated January 10, 1992. Note that I have excluded the east 35 feet of Parcel 1 which, I believe, should have been excluded originally. The rent adjustment reflects the actual (smaller) area. Paragraph 2 of the draft amendment updates the rent from the time of the School Board's acquisition. I have enclosed an "Explanation of Calculations" sheet describing how I arrived at the various numbers. I am also proposing that we change the inflation index from the 1967 base year to the current 1982 -84 base year. As you will note on the enclosed Consumer Price Index report from the Bureau of Labor Statistics, the 1967 index of 437.5 for September, 1994 is the same as the 1982 -84 index of 146.9. Finally, the cap on rent increase (or decrease) has been reduced from ten percent to five. The ten percent figure was written during a period of unusually high rates of inflation. The five percent cap reflects a much more typical amount for leases written since that time. Paragraphs 3 and 4 of the draft amendment revise the indemnification clauses of the existing lease to the standard language we have been using in recent years. Paragraph 5 of the draft amendment provides the possibility of the School Board improving the leased premises without having to further amend the lease. To the best of my knowledge, no improvements are planned at this time, but I will make inquiries in or this regard to School Board staff. Mr. Eddie Cox November 30, 1994 Page 2 of 2 Paragraph 6 of the draft agreement creates a more adequate notice period for termination without cause. It also financially protects the School Board to a certain extent if we have made improvements relatively recently to the time of a cancellation o the lease by the City that did not involve a default of the School Board. Paragraph 7 of the draft amendment provides more effective remedies for both the City and the School Board in the event of a default. Paragraph 8 of the draft amendment updates and clarifies the notice provision. Paragraph 9 of the draft amendment adds a standard clause dealing with the event of destruction or damage to the leased premises. Please review the draft amendment at your earliest convenience. In the interests of time, I am simultaneously circulating the draft to School Board staff for review. I do nc anticipate major changes but will forward to you any that are required as a result of the comments. This is the time of year when the City invoices the School Board for the rent, though I have not received an invoice as of the date of this letter. In the interest of simplifying the process, I propose that you delay the invoice until we have finalized the amendment I will work towards our reaching a satisfactory agreement by the end of December so that I may place this on the School Board's agenda for its January 25, 1995 meeting. Once we have the amendment executed we will forward a check for the rent, net of the credit due for the 1993 -1994 School Year. Please call me with your comments at your earliest convenience at 995 -7287. Thank yoi Sincerely, William W. Taylor WWT:mak T -5014 Enclosures: Letter to Mr. William Hampton dated October 24, 1994 Draft First Amendment to Lease Copy of existing lease dated December 12, 1979 Warranty Deed dated December 14, 1993 Sketch of Proposed Land Acquisition, dated January 10, 1992 Explanation of Calculations Consumer Price Index report for September, 1994 c: Dr. Kathryn Wilbur ��,. Mr. Michael A. Levine DADE COUNTY PUBLIC SCHOOLS DIVISION OF SITE PLANNING & GOVERNMENT LIAISON - 1444 BISCAYNE BLVD., SUITE 302 - MIAMI, FLORIDA 33132 {305} 995 -7280 Octavio J. Visiedo Superintendent of Schools Mr. William Hampton City Manager City of South Miami 6130 S.W. 72nd Street South Miami, Florida 33143 Re: Lease for South Miami Park Dear Mr. Hampton: October 24, 1994 Dade County School Board Ms. Betsy H. Kaplan, Chairperson Mr. G. Holmes Braddock, Vice - Chairperson Dr. Rosa Castro Feinberg Dr. Michael Krop Ms. Janet R. McAliley Mr. Robert Renick Ms. Frederica S. Wilson y 7 e v This is to follow up on our telephone conversations of September 1, 1994. Under the lease between the City and the School Board of December 12, 1979 for the park adjacent to South Miami Middle School, the School Board participates in the cost of maintenance. In December, 1993, the School Board acquired title to a 1.29 acre portion of the leased area, thereby reducing the City's maintenance costs. Therefore, the lease must be amended to proportionally reduce the maintenance amount the School Board pays the City. You agreed in principle to do this, and to have the agreement be retroactive to the date of the School Board's acquisition. I will forward a draft lease amendment by November 7, 1994 for your review. We will also include other revisions to the 1979 lease in order to update standard clauses concerning indemnification, liability, notices, etc. Please do not h---.-.+ .-+.e to call. rn e at 995 -7237 if you have any questions or concerns. Sincerely, William W. Taylor Real Estate Manager WWT:mak A :T -4045 c: Dr. Kathryn Wilbur Mr. Michael A. Levine : LEASE AMENDMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ( "Amendment ") is made and entered into this day of 1995, by and between THE CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida ( "CITY "), and THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, a body corporate and politic of the State of Florida ( "SCHOOL BOARD "). WITNESSETH: WHEREAS, the CITY and the SCHOOL BOARD entered into that certain Lease Agreement dated December 12, 1979 ( "Lease "), and WHEREAS, on December 14, 1993 the SCHOOL BOARD purchased a 56,213 square foot portion of the leased premises from the CITY, thereby reducing the size of the leased premises as described in the Lease, and WHEREAS, the CITY and the SCHOOL BOARD now desire to amend the Lease to correct the description of the leased premises, equitably adjust the rent, and to clarify and amend the duties and responsibilities of the parties, as more specifically set forth below, NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and the SCHOOL BOARD agree to amend the Lease as follows: 1. The description of the leased premises contained on page 1 of the Lease is hereby amended to add the following: Page 1 of 8 "Beginning December 14, 1993, the leased premises shall be as follows: "Parcel 1: The NE of the SE of the NE h less the North 249.85 feet and the East 35.00 feet thereof, and Parcel 2: the East 250 feet of the South 423.98 feet of the NW h of the SE ; of the NE 1h both parcels being in Section 26, Township 54 South, Range 40 East in Dade County, Florida." 2. Paragraph 1 of the Lease is hereby amended to add the following: "Beginning with the 1993 -1994 school year, the rental shall be $13,668.80 and $13,372.04 for the 1994 -1995 school year. The SCHOOL BOARD may deduct from the rent due for the 1994 -1995 school year $1,241.20 which represents the overpayment on the rent for the 1993 -1994 school year. Thereafter the SCHOOL BOARD, upon receipt of an invoice from the CITY, shall pay as annual rental to the CITY $13,372.04, adjusted by the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W), All Items (1982 -84 =100) for September 1994 of 146.9 and the same index for the month of September in each of the consecutive years thereafter, provided, however, that no rent shall be payable in excess of one hundred five percent (105 %) nor less than ninety five percent (95 %) of the rent payable for the preceding school year." 3. Paragraph 11 of the Lease is hereby deleted in its entirety, and the following language is hereby substituted for it: '"The SCHOOL BOARD does hereby agree to indemnify and hold harmless the Page 2 of 8 CITY to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this Act whereby the SCHOOL BOARD shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which when totalled with all other claims or judgments paid by the SCHOOL BOARD arising out of the same incident or occurrence, exceeds the sum of $200,000, from any and all personal injury or damage claims, liability, losses and causes of action which may arise solely as a result of the SCHOOL BOARD's negligence in its use of the leased premises. However, nothing herein shall be deemed to indemnify the CITY for any liability or claim arising out of the negligence, performance of failure of performance of the CITY or as a result of the negligence of any unrelated third party." 4. Paragraph 12 of the Lease is hereby deleted in its entirety, and the following language is hereby substituted for it: 'The CITY does hereby agree to indemnify and hold harmless the SCHOOL BOARD to the extend of the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this Act whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totalled with all other claims or judgments paid by the CITY arising out of the same incident or occurrence, exceeds the sum of $200,000, from any and all personal injury or damage claims, liability, losses and causes of action which may arise as a result of the CITY's negligence in its use Page 3 of 8 � 8 ._ ., of the leased premises and other areas, vacant and occupied, and common areas, within the CITY's South Miami Park. However, nothing herein shall be deemed to indemnify the SCHOOL BOARD for any liability or claim arising out of the negligence, performance or failure of performance of the SCHOOL BOARD or as a result of the negligence of any unrelated third party." 5. Paragraph 13 of the Lease is hereby amended to add the following: '"The SCHOOL BOARD may make such additional improvements and install such equipment as may be required for the operation of its programs. Such improvements shall be at the sole cost and expense of the SCHOOL BOARD. All improvements, except equipment which is removable without damage to the leased premises, shall be and remain a part of the leased premises at the expiration or cancellation of this Lease Agreement. Any improvements made shall have prior written approval of the CITY, which approval shall not be unreasonably withheld. The SCHOOL BOARD shall be responsible for verifying and providing the CITY with the actual improvement costs in the event of cancellation of this Lease Agreement by the CITY pursuant to Paragraph 15." 6. Paragraph 15 of the Lease is hereby deleted in its entirety and the following language is hereby substituted for it: "Notwithstanding any other provision of this Lease Agreement, both parties shall each have the right to cancel this Lease Agreement by giving the other party written notice at least one (1) year prior to the effective date of said cancellation. However, if (1) the CITY terminates this Lease Agreement for any reason other than default of the SCHOOL BOARD and the SCHOOL BOARD's subsequent failure to cure the default in accordance Page 4 of 8 G% with Paragraph 18, or (2) the SCHOOL BOARD terminates this Lease Agreement due to the CTTY's default and the CTTY's subsequent failure to cure the default in accordance with Paragraph 18, then the CITY shall reimburse the SCHOOL BOARD for a pro -rata amount of the improvement costs as documented pursuant to Paragraph 13 as if amortized over a sixty (60) month period." 7. Paragraph 18 of the Lease is hereby deleted in its entirety and the following language is hereby substituted for it: "Subject to the provisions of Paragraph 15, the parties shall each have the right to immediately cancel this Lease Agreement only under the following conditions: a) The failure of a party to pay any rentals or any other payments when due, and such default shall continue for thirty (30) days after additional written notice from the nondefaulting party to the defaulting party; or b) The failure of a party to fulfill any of the other covenants or obligations of this Lease Agreement on its part to be performed hereunder, and such default has not been cured within thirty (30) days after receipt of written notice from the non - defaulting party to the defaulting party specifying the nature of the default; or, if the default is of such a nature that it cannot be cured within thirty (30) days, that the defaulting party fails to give the non- defaulting party a written response, within thirty (30) days after receiving the aforesaid written notice of default, indicating the reason(s) why the defaulting party cannot cure the default within the said thirty (30) day period, the defaulting party's resolution to cure the default, and a mutually acceptable schedule Page 5 of 8 l to cure the default ". 8. Paragraph 19 of the Lease is hereby deleted in its entirety and the following language is hereby substituted for it: "All notices or other communication which shall or may be given pursuant to this Lease Agreement shall be in writing and shall be delivered by personal service or by United States Postal Service certified mail, with postage prepaid, return receipt requested, addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time in accordance with this paragraph. 1. In the case of notice or communication to the CITY: The City of South Miami City Manager 6130 S.W. 72nd Street South Miami, Florida 33143 2. In the case of notice or communication to the SCHOOL BOARD: The School Board of Dade County, Florida c/o Superintendent of Schools School Board Administration Building 1450 N.E. 2nd Avenue Miami, Florida 33132 with a copy to: Dade County Public Schools Division of Site Planning and Government Liaison Attention: Executive Director 1444 Biscayne Boulevard, Suite #302 Miami, Florida 33132 it Notices or communications shall be deemed effective as of the date of receipt. A signed acknowledgement by the party receiving the notice or communication shall be conclusive evidence of receipt. If delivery of a notice or communication is refused, then the notice or communication shall be deemed effective as of the date of mailing or attempted personal service as applicable." 9. The Lease is hereby amended to add Paragraph 21 which shall read as follows: "In the event the leased premises should be destroyed or so damaged by fire, windstorm or other casualty to the extent that the leased premises are rendered untenable or unfit for the purpose of the SCHOOL BOARD, as determined by the SCHOOL BOARD's Department of Safety, Environment and Hazard Management, either party may cancel this Lease by giving written notice to the other. In the event of cancellation, the rent shall be paid only to the date of such fire or casualty. If neither party shall exercise the foregoing right of cancellation within thirty (30) days after the cancellation date of such damage or casualty, the CITY shall cause the recreational/athletic facilities, appurtenant structures and leased premises to be repaired and placed in good condition within one hundred eighty (180) days from the date of the damage or casualty. Should the CITY fail to repair and render the leased premises tenantable within the aforementioned 180 day period, then the SCHOOL, BOARD shall have the right to immediately cancel this Lease. During any time that the leased premises, or a portion thereof, are considered by SCHOOL BOARD's Department of Safety, Environment and Hazard Management to be untenable due to fire, windstorm or other casualty, the rent shall be abated based on the percentage of the entire leased premises which have become untenantable " Ar Page 7 of 8 Z 10. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the CITY and the SCHOOL BOARD have caused these presents to be duly signed and executed by their proper officers and the respective seals to be affixed, all as of the day and year first hereinabove written. ATTEST: , City Clerk APPROVED AS TO FORM: Attorney For South Miami ATTEST: THE CITY OF SOUTH MIAMI , City Manager THE SCHOOL BOARD OF DADE COUN'T'Y, FLORIDA Octavio J. Visiedo, Secretary Betsy H. Kaplan, Chairperson APPROVED AS TO FORM: Attorney For The School Board jr Page S of 8 13 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this day of I)P[�,�e , 1979, by and between the City of South Miami, a municipal corporation of the State of Florida, hereinafter called the "City ", and the School Board of Dade County, Florida, a body corporate and politic organized under the laws of the State of Florida, F /K /A the Board of Public Instruction of Dade County, Florida, hereinafter called the "School Board'. WITNESSETH: WHEREAS, on the 18th day of March, 1955 the City leased to the School Board certain real property lying and being in Dade County, Florida, the School Board of the South Miami Elementary School and Junior High School; and WHEREAS, on the 26th day of July, 1974, the parties hereto entered into an Amendment to the Lease Agreement dated March 18, 1955; and WHEREAS, the parties hereto have agreed to terminate said Lease Agreement dated March 18, 1955, as amended on July 26, 1974, and enter into a new lease agreement under the terms and conditions hereinafter mentioned. NOW, THEREFORE, it is mutually agreed that the Lease Agreement dated March 18, 1955, as amended on July 26, 1974, is null and void and of no further force or effect as of the date first written above; and the parties hereto have entered into the following Lease Agreement: For and in consideration of the covenants herein contained on the part of the Board to be kept and performed, the City does hereby lease to said Board the following described real estate lying and being in the County oyt�� Dade, State of Florida, to -wit: The A of the SE� of the NE*4 less the North 249.85 feet thereof, J and 10 A East 250,,, eet of the NA of the of the NE , all in Section 26, (� Township 54 South, Range 40 East, in Dade County, Florida. J To have and to hold for a term of tnirw (30) years frc� the r� day of_ � rf���, 1979 (hereinafter referreed to as the °c=_ _ ^_ti -Ce date") or until South X—J aMi Elementary School and South Miami junior High School shall cease to be Persre: as s.:ocls fcr a __ Of sox ( 5) m, ;nths or more, then the rights .._ Board under this lease si:all immediately cease and ter-_..__:, a--_ the Cit_ I* shall be entitled to immediately possess the said premises unless the non -use of said property as aforesaid is the result of an emer- gency such as an act of God, riot, insurrection or state of war declared by Congress, which emergency has the effect of eliminating all need for said property as a school, and in the event of any such emergency, the running of the six (6) months period shall be tolled until the emergency is abated, whichever event first occurs; at the end of the thirty (30) year lease period aforesaid, the Boar shall have the option, upon giving thirty-A.30) days notice in writina� t11Y of its intention to exercise aai option, to lease said property at the same annual rental, adjusted as hereinafter pro - vided, for n additional thirty (30) year period providing that the said property is still being used by the Board for school purposes as aforesaid; and at the end of the first o�,tio_n period, that is sixty (60) years after the effective date of this le_ ase` the Board shall have the option, upon giving thirty (30) days notice in writing to the City of its intention to exercise said option, to lease said property at the same annual rental, adjusted as hereinafter provided, from year to year for an additional thirty (30) year period providing that the said property is still being used by the Board for school purposes as aforesaid. The City and the Board further covenant and agree as follows: 1. The School Board agrees to pay as rental to the City for the 1978-1979 school year the sum of Eight Thousand Seven Hundred Dollars ($8,700.00), and for each consecutive school year after the 1978 -1979 school year during the term of this lease or renewal thereof, the School Board shall pay as rental to the City a sum which is 'determined by using the sum $7,000.00 as a base,' adjusted by the percentage differential between the Consumer Price Index revision for Urban Wage Earners and Clerical Workers for September 1978 of 199.1 and the same index for the month of September in each of the consecutive years thereafter, provided, however, that no percentage differential shall be payable in 'excess of ten percent of the sum paid in the preceding year. The School Board agrees to pay the aforesaid sums to the City on or before December 15th of the respective school year then in progress, except that the sum of $8,700.00 for the 1978 -1979 school year shall be due and pay- able upon execution of this agreement. 2. The Beard shall have the exclusive use and control of the leased premises for recreation., playgro-and and athletic purposes between the hours cl 3:00 A.M. and 3:30 P.M. during the school year except Saturdays, Sundays and school holidays. As used herein, the school year shall conform to the School Calendar as adopted annually by the School Board, generally beginning on the last Monday in August and ending in the second week in June. 3. The City shall have exclusive use and control of the leased premises including the equipment and facilities situate thereon on Saturdays, Sundays and school holidays throughout the entire school year; during the summer months, whether or not sum- mer school is being conducted, and from 3:30 P.M. to 8:00 A.M. the following morning on Monday through Friday of each week during the school year. 4. Use of the grounds by either agency during the other's period of exclusive use shall be scheduled through the Principal of South Miami Junior High School or the Park Recreation Director as may from time to time be required for special school activities or City recreation programs. 5. The City shall maintain the demised premises at City expense, with the rental paid by the Board, as recited above, being applied to the cost of said maintenance. The City shall maintain the demised premises in a clean and safe condition suitable for school playground purposes during the school year. In the event an unsafe or hazardous condition should exist, the Board shall notify the City in writing of said condition. Should the City fail to take proper corrective action within thirty (30) days, the Board may at its option take action to effect the necessary repairs and withhold the cost thereof from the next ensuing rental payment. 6. Utility bills for water, sewer and electric service to the demised premises shall be paid by the City. 7. The Board will make no unlawful, improper or offensive use of the premises or which shall or may be a nuisance, annoyance, inconvenience or damaging to the City or its inhabitants or to the occupants of the adjoining premises or to the neighborhood. The Board will observe all City sanitary, health and public safety rules and laws. 8. The L-ity agrees not to operate the snack shoo or per - mit the operation of any food concession on the ....rise.: :remises U weer the hours of 8:00 A.M. and 3:30 P.M. on school ca•;s. 9. In the event exemption from taxes granted to the City and the Board is withdrawn at any future time by any governmental agency so that it becomes necessary to pay taxes upon the leased premises and improvements situate thereon, then the Board agrees to pay and assume a proratable share of said taxes. The Board's proratable share shall include the unimproved land value of the leased premises during the periods of time specified in paragraph 2 hereof. The City's proratable share shall include all buildings, lighting system and other improvements located on the leased pre - mise during the calendar year and land and improvements for all periods of time specified in paragraph 3 hereof. 10. The School Board and the City agree to insure or self insure their respective interests in real or personal property to the extent each deems necessary or appropriate, and hereby waive all rights to recovery from the other party to this agreement for loss or damage of such property by any cause whatsoever. The School Board and City hereby waive all rights of subrogation under any policy or policies they may carry, or on property placed or moved on the premises. 11. The School Board agrees to indemnify and hold the City harmless to the extent of the limitations included within Florida Statutes, Section 768.28, only as to any loss, damage, claim, demand, suit, liability, or payment directly caused by the acts or omissions of the School Board's employees and agents while the School Board is using the demised premises, pursuant to this Lease Agreement. 12. The City agrees to indemnify and hold the School Board harmless, to the extent of the limitations included within Florida Statutes, Section 768.28, only as to any loss, damage, claim, de- mand, suit, liability or payment directly caused by the acts or omissions of the City's employees and agents while the City is using or controls the demised premises, pursuant to this Lease Agreement. 13. The City aarees_that it will not erect any building ? or other obstruction on the demised premises without first ob- taining the written approval of the Board, which approval shall 1 not be unreasonably withheld. / 14, That the Board will not, without previous consent in writing from the City, assign: or sub -lease the saia premises or any part thereof. "" �� 15. Either party shall have the right to cancel this Lease Agreement on June 30 of any year by giving the other party notice in writing thirty (30) days prior to said date. 16. The City agrees that it will not dispose of the de- mised premises, or use said property for purposes other than park and recreation purposes prior to the termination of this agreement and any extensions thereof. 17. In the event the City shall discontinue use of the demised property for park and recreation purposes or shall cease to maintain the property as required under paragraph 5 hereof, for a period of six months or more, then the Board shall assume mainte- nance of the property for school playground purposes and shall not be liable for payment of rents until or unless the City resumes operation and maintenance of the property. Nothing in this para- graph shall require the Board to maintain the property in a con- dition suitable for operation of a City recreation program. 18. In the event the Board shall default in the payment of rent or shall violate any of the covenants of this Lease Agree - ment, the City shall notify the Board in writing of such default and the Board shall correct such default or violation within thirty (30) days of said written notice. 19. It is understood and agreed between the parties here - to that written notice addressed and delivered to the Superintendent of Schools at 1410 N.E. 2nd Avenue, Miami, Florida 33132, shall constitute to sufficient notice to the Board, and written notice addressed and delivered to the City Manager,. City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143, shall constitute sufficient notice to the City, to comply with the terms of this Lease Agreement or required by law•. 20. It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the re- spective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. This Lease Agreement contains the entire agreement be- tween the parties hereto regarding the property described here - inabove and may be modified only by amendment ds y execated by the respective parties. Notwithstanding anything to the contrary herein contained, the property herein dem- -sed ___ include the use of any buildings, lighting systems, fixt::.es, and /or equip- r,,ent therein or there on. , " -5- le IN WITNESS WHEREOF, the City of South Miami and The School Board of DADE COUNTY, FLORIDA have caused this Lease Agreement to be executed by their respective and duly authorized officers, on the day and year first above written. THE SCHOOL BOARD OF DADE COUNTY, FLORIDA BY AI 114t Chairman ATTEST: S etary THE CITY OF SOUTH MIAMI, FLORIDA By ATTEST: City Clerk d This Insbument Prepared by: Martin David Berg 19 West Flagler Street Suite 802, Biscayne Bldg. Miami, Florida 33130 's Property Apprslsers Parcel Identiflcetlon (Folio) Number(s): r ;ranteelsl S.S. /lsl: „ SPACE ABOVE THIS LINE FOR PnOCESSING DATA u 0 9 do r, 1 t — SPACE ABOVE THIS LINE FOn nEODnDWD DATA 0111jii ItWarrnn#g 0,06 Made and executed ,the 141c� day of Decenber-- --A.D. 1,993 by THE CITY OF SOUTH MIAMI, FLORIDA, a finmiciPal---------°------------_---_- a corporation existing under the laws of Florida and having its principal place of business at 6130 S.W. 72 Street, South Miami, Florida 33143 ------ - - -_ —. ___— __ —_ - -_ hereinafter called the grantor, to The School Board of Dade County, Florida, a body , cprporate and Iml.ztic of the State of Florida ------- - - - - -- ------ _-- �___�— whole post q lee Tess %a 1450 N.E. 2 Avenue, Miami, Florida 33132 ---------------- --------- hereinafter called the grantee (Wh.m.r tw.d h.e.tn the t.rm. 'p+.tar' -d 'gnat"' Includo il the p.ran to this Imtrument..Inl,ttiar and plural the helm. I.pl mpree.ntaar.., and assign. of I.dirldusk, and the .aeeweom and aseieru or e.rpontte,v, wh.mar the eont*Xt .0 admit. m e.quim..) Ottiltsottlj: 77tat the said grantor, for and in consideration of the sum of $ 183, 750.00 --- -- and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and`conk5rm unto the grantee all that certain land situate in Dade _ - -_ ----- ----------- County, State of Florida -- -- - - -, viz: The East 250 feet of the North 249.85 feet of the NW 1/4, of the SE 1/4, of the NE 1/4, all in Section 26, Township 54 South, Nance d0 fast in Dade County, Florida, less the North 15 feet thereof for right -of way purooses. SUBJECT TO: 1. Conditions, restrictions, reservations, limitations, easements, easements, if any, of record, it not beino Grantor's intention to reimpose same; 2. Real Property Taxes, if any, for the year 1993 and thereafter; and 3. All applicable County and Municipal Zoning Ordinances. This Deed is executed pursuant to Ordinance 30-92-1525 of the City of South Miami. 0agttljtr, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Mu' •31gUt tlllb to 1Djd, the same in fee simple forever. .Alit the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. ' all Witllu's W11trtuf the said grantor has caused these (r,01tPORATE SEAL) presents to be executed in its name, and its corporate seal to be hereunto W=ed, by its proper ofjieers thereunto duly authorized, the day and r year first above written. A7TES7'.•. jecie -qW, CTTY nF Cf9nH h1TAMTr FTflRTnh lady Yl r ep tC C erk zagnec , scare -r¢n dcRvefed ,,n the Presence 6f / � Itnn. sputum 1ty Manager i«TR.m. _ William Z��rtmtnn _ e e �. / e%i.."`` - -�— Inn l n:a. Ilnem.9iptalun , STATE UP_ aIDA _ __) f hrreby certify dud on this tiny, before me, an officer duly nulhorized —_ - -�- to ndntinister mllAit and lake acknowledgments, personally appeared CUUN•ryOF DADS ) T9illiam_F,_Haf tOn and F?D efna2v J WaS _ ------- ---- ---------- - - - - -- ° —° known to mr. In L,: Lhr. City MaTL3gfd4tt and Clerk �--- respeeditcly of _ he City of South Miami. Florida a_ Municipal..- . - - -_, Lite corporntioN in whose name Lite foregoing instrument was executed, and that tbLey severally nclluowicdged executing Lite entree for welt earpnrnlion, freoly still voluntarily, under authority duly vesLed in them by said corpornliou, unit that the scnl affixed (hereto is Lite true eorporaLe seal of said corporation, that 1 relied upon Lite following (oral_— of identificaLilnt of Lite sbove•nnmed persons �erSOndl knowledge and lhnt nu onLli (wnsx3fYd474O taken. l- NorAnrnuegensrAUpseAL I Winn.- my Itnnd and ?ffiriltl tine) In din.. CouuLy nud Sl.aLe InsL nfnresuid NOTARY PUBLIC STATE OF FLORIDA ll is �dl y of ,.December. :7 = : —: A.D. 19 NY COMISSIOtl EXP JNLY 2511994 OONUEO THRU GENERAL INS, UNU. AMENDMENT TO JOINT USE AGREEMENT CITY OF SOUTH MIAMI & DADE COUNTY SCHOOL BOARD SOUTH MIAMI MIDDLE SCHOOL EXPLANATION OF CALCULATIONS Original Leased Area (per survey): 430,658 sq. ft. 100.00% LESS: Area bought by DCPS 12/14/93 56,213 sq. ft. 13.05% Amended Leased Area 374.445 sq. ft. 86.95% Calculation of Rent and New Base Rent, beginning School Year 1994 -1995 September, 1978 CPI (1967 =100) 199.1 September, 1994 CPI (1967 =100) 437.5 Change (factor) 2.197 Base rent for SY 1994 - 95, original leased area $ 7,000.00 @ 2.197 $15,379.00 RENT for SY 1994 - 95, revised leased area, and NEW BASE RENT.• $15,379.00 @ 86.95% $13,372.04 Calculation of Rent Credit for School Year 1993 -1994 School year for students: Beginning of period: 8/30/93 End of period: 6/16/94 Calendar days: 290 Period of South Miami ownership of original lease area during 1993 -1994: Beginning of period: 8/30/93 End of period: 12/13/93 Calendar days: 105 Percentage of school year: 36.21 % Rent paid by School Board for School Year 1993 -1994 $14,910.00 Rent for 8/30/93 to 12/13/93 $14,910.00 @ 36.21% $5,398.91 Rent for 12/14/93 to 6/16/94 Rent for entire year: $14,910.00 LESS: rent for 8/30 to 12/13/93 5,398.91 Gross amount due $ 9,511.09 Net amount due = 86.95% of gross amount 8,269,89 Total Rent for 1993 to 1994 School Year 13.668.80 CREDIT DUE: $ 1,241.20 NET AMOUNT DUE, DCPS to SOUTHMIAMI, December, 1994 112,130.84 JiLb Automated dr ?ormatton 5ysxam (`\�OI �2 ''s('1Me1 N O Q c _Fpm �ej,, p7 � $�� O. y^ CL ON 3K 7O �g 9 O N�iJN O �o _ 88 m m °t�vtDim z7y gQ 0 a= a$, O � 0 o lv roZ5$$$ . 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J pOgNi�ZMQ'ap44- a¢9 S S W W Y v S �' W w tx W W ¢ Ny N ❑ G NOG y0 pi W O� U U 6 4 H a U d w d W C O TO cs Lt ' 3 3 W -P +' w 0 °'o u u d _a V N N+N'.a y NA NAW d N E J Ad >„ FY..a dA i 2383 c Jq 641 Y4104 O c. dJ 07 0u 1.R u' O1 L0 W4'N4�N £ 'V ¢�L L �> t 0).0 N 6 6 N W 9d O)d d1.1 TALOO N s a �s W LU c d N n N M 41 N N O O OO �uZ N � y c L LO - N y s Li NZi' to 41 W � o 4a L ° N + Ol U� dz C rn t U cc N 0 L N 4' N (IVOZI l i T lanri Of -K -92 '33S 'Y /i 3N 11/1 3S ' ►/I 3N 3NI'1 1SV3 I i I I I c C 0 0 L 4 P a W Y W 2 �o cz 1 WWV Zyf c0 D � N WWW V) Z to (33321ad Q3SV31 JO lIW .ate AMEMk CITY OF ['3 0I T-1 MIAMI INTER --OFFICE MORANDUM Vo; Ed Cox Date: January 10th, 1995 City Manager, From''' Jim Cowen, Director Re: Purchase of Trophies & Plagues for ' 'arks & Recreation Department Football /Cheerleadinq Program The Parks & Recreation Department has solicited and received three bide from local vendors for the purchase of trophies and plaques %or boys and girls participating in the City sponsored. Pootball /Cheerleader Program. The Sports Center Inc. is the lowest responsible bidder and I am recommending that this item be placed on the January 17th, 1995, City Commission agenda for their approval. The following is a list of vendors who bid. Vendors Total Bids * The Sports Center, Inc. $ 1,633.00 Trophy World Inc. 2,519.33 Dolphin World Trophies 2,960.00 *Lowest Responsible Bidder JC /mst Attachments.: Resolution C: �MF9. X)QS�PIiktCII1VSG:.'P1tOP1STIS; )] 9 )S 4 RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 2 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 3 PURCHASE OF 184 TROPHIES AND 54 PLAQUES FROM THE 4 SPORTS CENTER, INC., FOR A TOTAL PRICE NOT TO EXCEED 5 $ 1,633.00 BY THE RECREATION DEPARTMENT AND CHARGING 6 THE DISBURSEMENT OF $ 1,048.00 TO ACCOUNT NO. 2000 -5630 7 "RECREATION - FOOTBALL ", AND CHARGING THE 8 DISBURSEMENT OF $585.00 TO ACCOUNT NO. 2000 -5631 9 "RECREATION - CHEERLEADING ". 10 11 12 13 WHEREAS, pursuant to the 1994 -1995 Budget of the City of South Miami, 14 Florida, the City Recreation Department was authorized to purchase trophies and 15 plaques for the Football /Cheerleader Program; and 16 17 WHEREAS, the City Administration has now obtained at least three bids and 18 recommends The Sports Center with a total cost of $1,633.00 for a total of 184 19 trophies and 54 plaques as the lowest responsible bidder; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 22 THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 23 FLORIDA: 24 25 26 Section 1. That a purchase order be, and hereby is, awarded to 27 The Sports Center in an amount not to exceed $1,633.00 for 184 trophies 28 and 54 plaques. 29 30 31 Section 2. That the disbursement of $1,048.00 be charged to 32 account no. 2000 -5630 "Recreation - Football'; and the disbursement of 33 $585.00 be charged to account no. 2000 -5631 "Recreation - Cheerleading ". 34 35 36 PASSED AND ADOPTED this 17th day of January, 1995. 37 38 39 c 5 6 7 8 9 MAYOR 10 11 12 13 ATTEST: 14 15 16 17 CITY CLERK 18 19 20 21 READ AND APPROVED AS TO FORM: 22 23 24 CITY ATTORNEY 25 26 27 28 29 30 31 121) To: ,IN*� C S ` pw CJF' _<300ITTH M =AM= V7INTER- OFFICE MEMORANDUM Mayor and City Commission From: Eddie Cox City Manager 7 Date: January 12, 1995 Agenda Item 1-1 Re: Comm. Mtg. 01/17/95 Purchase of Digital Duplicator Attached is a Resolution from the Central Services Department regarding the purchase of new printing equipment. As stated, equipment presently in use is obsolete and in a constant state of disrepair. The chemicals used by the old system are arsenic based and environmentally unsafe which is not the case with the proposed digital printer. Printing requirements have changed within the City since this printer was purchased 28 years ago, much more is being done on chemically treated paper, such as NCR, which the newer printers process with considerably less waste. Also, the newer equipment is designed to work in conjunction with computers and in color. The new equipment takes less set -up time, prints at 133 copies per minute and is less expensive than a copier after the first 20 copies. The Administration recommends approval of this resolution as being in the best interest of the City. EC:er RESOLUTION N 1 A_RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 2 OF SOUTH MIAMI, - FLORIDA, AUTHORIZING THE CITY MANAGER TO 3 ENTER INTO A LEASE /PURCHASE AGREEMENT WITH RISO, INC FOR 4 THE ACQUISITION OF A DIGITAL DUPLICATOR,, CHARGING THE 5 FIRST ANNUAL PAYMENT TO ACCOUNT NO. 2100 -4430, the 6 1994 /95 Central Services budget for the maintenance of the old 20 equipment. 7 21 8 WHEREAS, the Central Services Department is being re- 9 organized to establish a true central purchasing and printing 10 facility; and 11 12 WHEREAS, the present printer was purchased "used" 28 years ago 13 and the accompanying platemaker is obsolete and in disrepair; and 14 15 WHEREAS, the printing needs of the City have changed over the 16 past several years; and 17 18 WHEREAS, the City Commission has approved $3,200.00 in the 19 1994 /95 Central Services budget for the maintenance of the old 20 equipment. 21 22 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY 23 COMMISSION OF THk CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. That the City Manager is authorized to enter into 26 a lease /purchase agreement under County Bid #65006044A for the 27 initial amount of $444.96 representing payment No. 1 of a 60 month 28 agreement for RA 5900 Digital Duplicator. m 1 Section 2. That the City Manager is authorized to transfer 2 $3,200.00 from account #1320 -4620 Central Services Maintenance & 3 Repairs - operating Equipment to account #2100 -4430 Non - 4 Departmental Lease Purchase - Printing Equipment as part of the first 5 year cost of the new printer. 6 7 Section 3. That the first year's cost of $5,339.52 be charged 8 to account number 2100 -4430 Non Departmental Lease Purchase- 9 Printing Equipment. 10 11 PASSED AND ADOPTED this day of January, 1995. 12 Approved: 13 14 15 16 17 Neil Carver 18 Mayor 19 20 21 Attest: 22 23 24 25 26 Rosemary J. Wascura 27 City Clerk 28 29 30 31 Read and approved as to form: 32 33 34 35 36 Earl G. Gallop 37 City Attorney ORDINANCE NO. 1- 93 -1530A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 1-93 - 1530, TO PROVIDE FOR MODIFICATION OF THE TERMS AND CONDITIONS OF A CONVEYANCE OF REAL PROPERTY SITUATED IN FRANKLIN AND THE UNIVERSITY PARK SUBDIVISIONS TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 5, 1993, the City Commission of the City of South Miami enacted Ordinance no. 1 -93- 1530, which authorized the conveyance to Habitat for Humanity of Greater Miami, Inc., of the south 25.86 feet of Lot 116 and Lot 117, as described on the University Park Plat, as recorded in Plat Book 18 at Page 46 of the public records of Dade County, Florida; and, WHEREAS, the property was to be conveyed "as is" concerning the quality of the title and the physical condition of the property, and the purchaser was required to construct affordable single family housing within 8 months of execution of the deed; and, WHEREAS, a deed was not executed because a title problem exists concerning the vacation of an adjacent alley which, until corrected, renders the property unsuitable for constructing single family housing; and, WHEREAS, the Mayor and the City Commission find that it is in the best interests of the City to authorize an extension of the time of performance required by Habitat, to amend the legal description of the land to be conveyed and to authorize an agreement for the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to sell to Habitat for Humanity of Greater Miami, Inc., for the sum of $1.00 the real property legally described as: The South 25.86 feet of Lot 116 and Lot 117, as described on the University Park Plat, as recorded in Plat Book 18 at Page 46 of the public records of Dade County, Florida. Also, all the real property lying to the east of the centerline of a former alley running between Southwest 64 and 66 Streets, as depicted on the Franklin Subdivision plat, recorded in Plat Book 5 at Page 34 of the public records of Dade County, Florida, and lying east of Block 10 of the Franklin Subdivision and adjacent to the South 25.86 feet of Lot 116 and Lot 117, as described on the University Park Subdivision plat. 8 This authorization includes the power to execute deeds of conveyance, agreements and any other documents relating to the conveyance and the closing of the transaction. Section 2. The agreement annexed to this ordinance as Exhibit 1 is approved. Section 3. Habitat for Humanity of Greater Miami, Inc. is authorized to initiate a legal action on its own behalf and for the benefit of the City of South Miami to obtain a judicial determination that all of the real property lying to the east of the centerline of the alley vacated by Ordinance No. 7 -79 -1029, as amended by Ordinance No. 7- 79- 1029A, reverts to the real properties identified as Lots 115, 116 and 117 in the University Park Subdivision plat. In any action, Habitat shall act as an independent party to the agreement (Section 2) and it shall bear all the costs of litigation. Further, Habitat shall protect, hold harmless, indemnify and defend the City against all claims, liability, or costs arising out of this conveyance, the agreement, or any related judicial proceedings. The provisions of this section shall be incorporated into the agreement. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance amends Ordinance No. 1 -93 -1530. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY habitat.ord 9 2 MAYOR November 10, 1994 Via telefacsimile 579 -4722 Jeffrey Mandler, Esq. Weil, Lucio, Mandler, et al 701 Brickell Avenue, Suite 2000 Miami, FL 33131 Re: City of South Miami Sale of Real Property to Habitat for Humanity Dear Jeffrey: I want to take this opportunity to acknowledge and to commend you for your pro Bono services on behalf of Habitat for Humanity. This letter acknowledges and confirms your advice that Ordinance no.J -93 -1530, authorizing the sale of a portion of lot 116 and all of lot 117 in the University Park Subdivision to Habitat for Humanity, did not, by express terms, include 1/2 of the adjacent alleyway in the Franklin Subdivision that was vacated by Ordinance no. 7 -79 -1029. While I think that the omission of the express terms of inclusion may be immaterial to the transaction, I believe that an amending ordinance will be useful to (1) satisfy a title insurance company that the city intended to include the stripe of land in the estate and (2) conclusively establish the city's intent to accomplish abandonment of the alleyway in a manner that creates buildable lots. Additionally, I previously advised you that Attorney's Title Insurance Fund will require a judicial determination of ownership of the abandoned alleyway because it was situated in the Franklin Subdivision which is adjacent to the City's lots in the University Park Subdivision. Abandoned alleyways are always divided at the centerline and go to adjacent lots, unless the alleyway is at the boundary of a plat. In such instances, court's look to evidence of intent concerning the abandonment. 1 g"City of Pleasant Living" Jeffrey Mandler, Esq. November 10, 1994 Page 2 I requested Habitat for Humanity to undertake an action to determine title, and you agreed to handle the suit on its behalf. However, we recognize that it will be impossible for Habitat to both obtain a judicial determination of title and to complete construction within the eight month construction requirement that is contained in the city authorization. Accordingly, I will request the city commission to further amend the ordinance to toll the construction period until the title proceeding is complete. The amending ordinance requires two readings and a public hearing at the time of the second reading. The first reading of the ordinance will be scheduled for December 20, 1994. The second reading of the ordinance will be scheduled for the commission meeting on January 3, 1995. Please do not hesitate to call me if you have any questions regarding the subject matter of this letter. Very truly yours, I ell -Earl G. Gallop EGG:sgs cc: Neil Carver, Mayor Eddie Cox, City Manager Rosemary Wascura, City Clerk mandler.ltr 8 ORDINANCE NO. 7- 79 -1029A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 7 -79 -1029 RELATING TO ABANDONING AND VACATING AN ALLEY BETWEEN SOUTHWEST 64 AND 66 STREETS AND SEPARATING BLOCKS 9 AND 10 OF THE FRANKLIN SUBDIVISION AND LOTS 115, 116 AND 117 OF THE UNIVERSITY PARR SUBDIVISION; PROVIDING FOR REVERTING THE INTEREST IN A PORTION OF THE ALLEY TO OWNER OF LOTS 115, 116 AND 117 OF THE UNIVERSITY PARK SUBDIVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 6, 1979, the City Commission of the City of South Miami enacted Ordinance no. 7 -79 -1029, which abandoned the alley lying between Southwest 64 and 66 Streets and separating Blocks 9 and 10 of the Franklin Subdivision and Lots 115, 116 and 117 of the University Park Subdivision; and, WHEREAS, the ordinance did not provide for conveying the reversionary interest in the alley to the centerline of the alley or to another appropriate boundary, as provided by Section 177.085(1), Florida Statutes; and, WHEREAS, the exhibits to Ordinance no. 7 -7.9 -1029 and the minutes of the hearing on the ordinance manifest the intent of the City Commission that the legal interests in the real property lying within the abandoned alley would revert from the centerline to the owner(s) of Blocks 9 and 10 in the Franklin Subdivision to the west and to the owner of Lots 115, 116 and 117 in the University Park Subdivision to the east in order to render the lots in the University Park Subdivision buildable; and, WHEREAS, the Mayor and the City Commission find that it is in the public interest to amend the ordinance in order to correct any potential title defect created by the ommission. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,: Section 1. Section l of Ordinance no. 7 -79 -1029 is amended to read: All that real property situated between Southwest 64 and 66 Streets, City of South Miami, Florida, as depicted on the Franklin Subdivision plat, as recorded in Plat Book 5 at Page 34 of the public records of Dade County, Florida, and identified as that certain alley lying east, of Block 9 and Block 10 and lying adjacent to Lot 115, Lot 116 and Lot 117, as described on the University Park Plat, as recorded in Plat Book 18 at Page 46 of the 7 1 public records of Dade County, Florida, is hereby abandoned and vacated. Section 2. The legal interests in the real property lying within the abandoned alley shall revert from the centerline to the owner(s) of adjacent Blocks 9 and 10, respectively, in the Franklin Subdivision to the west and to the owner of adjacent Lots 115, 116 and 117, respectively, in the University Park Subdivision to the east. 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 day of , 1994. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY alleyvac.ora 9 Found drillhole. 1i ai j2 PPe .Sr• � @ %Z PPe sei G'o�...Ui. 37b0•� ' wP.Z.37DC j Measured =57 01 / 25 00' EpO I I V / D u N � U 4 r.. o " -j N � a N — I < a w - v 4 0 w. co cJi. n ¢ I set 1)P' wr cap NI1:251 set 112' pipe;, �� set !i2' pipe — _ , ` _ — — ^ e Cap No. 3284 caD No 3284 i set nail and disc 6' Sidewalk Plat 56.27 Measured 56 9 cap Nd.3284 center 2 curb and gutter % o o / Plat -132 50 Measured - 133.91' Plat-St. 25' Measuretl 81.90 _— -- -- —® — � -- --�— °— _— -- 2500" (-.found cut nail found C r ! � set nail and disc below yia. cap No.3284 ,� vv 66th S'TRYET Single- Family (Two - Story) The single - family land use category is intended to provide for one residential dwelling unit on each parcel of land. Parcels should have a minimum area of 10,000 square feet. In areas where existing platting is characterized by parcels larger than 10,000 square feet, zoning regulations should be consistent with such parcel sizes provided that minimum parcel sizes need not exceed one acre. Sites large enough to be subdivided into parcels of 10,000 square feet or larger could be zoned accordingly, but only if such zoning would be compatible with surrounding development. . Lot of Record: If the owner of a platted lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations to the premises, or if such lot were created and first recorded in compliance with the zoning regulations in effect on the lot at the time of recording, and if such lot does not conform to the requirements of such regulations as to the width of lots and lot area, the provisions of such lot area and lot width regulations shall not prevent the owner of such lot from erecting a single - family dwelling or making other improvements on the lot, provided such improvements conform in all other respects to the applicable zoning regulations provided that such platted lot is not less than fifty feet in width and has a frontage of at least fifty feet. The term "platted lot" as used herein shall mean a full and complete separate parcel designated as a lot, parcel, or tract as part of a subdivision plat recorded in the public records of Dade County, Florida. ruLav V 7- `TVia-aW a . 09 4025 015 0830 . . . CD 80 MUNICIPAL • 2373 e . 2373 • • 2373T . CITY OF SOUTH MIAMI Co PROP AODR 901 SW 66 ST, 6130 SUNSET DR UNIVERSITY PARK PB 18 -46 LU 0080 VACANT LAND — GOV ZN -0100 SINGLE FAQ! SO MIA11I FL S25.86FT OF LOT 116 & E11.25FT BDRMS 0 BATHS 0 LAST INSP / OF ALLEY LYG W & AOJ CLOSED PER LAST SALE / 33143 -5040 ORD 7 -79 -1029 ADJ SOFT PRICE PER SOFT LOT SIZE 1483 SO FT 09 4025 015 0840 . . . CITY OF SOUTH MIAMI . C0.80 . MUNICIPAL . CO . 17987. . . 17987. . . . . . . PROP ADOR 5901 SW 66 S j a17987aT' . . 6130 SUNSET DR UNIVERSITY PARK PB 18 -46 LU 0080 VACANT LAND — GOV ZN -0100 SINGLE FAM SO MIAMI FL LOT 117 & E11.25FT OF ALLEY LYG BDRMS 0 BATHS 0 LAST INSP / &ADJ CLOSED PER•ORD 7 -79 -1029 LAST SALE / 33143 -5040 LOT SIZE 11242 SO FT ADJ SOFT PRICE PER SOFT Single- Family (Two - Story) The single - family land use category is intended to provide for one residential dwelling unit on each parcel of land. Parcels should have a minimum area of 10,000 square feet. In areas where existing platting is characterized by parcels larger than 10,000 square feet, zoning regulations should be consistent with such parcel sizes provided that minimum parcel sizes need not exceed one acre. Sites large enough to be subdivided into parcels of 10,000 square feet or larger could be zoned accordingly, but only if such zoning would be compatible with surrounding development. . Lot of Record: If the owner of a platted lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations to the premises, or if such lot were created and first recorded in compliance with the zoning regulations in effect on the lot at the time of recording, and if such lot does not conform to the requirements of such regulations as to the width of lots and lot area, the provisions of such lot area and lot width regulations shall not prevent the owner of such lot from erecting a single - family dwelling or making other improvements on the lot, provided such improvements conform in all other respects to the applicable zoning regulations provided that such platted lot is not less than fifty feet in width and has a frontage of at least fifty feet. The term "platted lot" as used herein shall mean a full and complete separate parcel designated as a lot, parcel, or tract as part of a subdivision plat recorded in the public records of Dade County, Florida. To: From: to CITY OF SOUTH MIAMI im T7INTER- OFFICE MEMORANDUM Mayor & City Commission Date: January 13, 1995 Eddie Cox City Manager Back round: Re: 01/17/95 City Commission Agenda Item #/6 HEALTHSOUTH Pkg Lot The applicant desires to improve a vacant parcel located adjacent to 7000 S.W. 62 Avenue (an existing office building and parking garage). The applicant desires to construct a parking lot for the employees of the offices in the 7000 building. The subject property at 6210 S.W. 70 Street is vacant due to destruction by Hurricane Andrew of the day care center previously on this site. The applicant has taken various measures to provide for the screening, buffering and landscaping of the property to decrease any disturbance to adjacent residents that the project might cause. The BZCD staff memoranda detail these provisions and set forth the basis for a recommendation of approval. Planning Board recommended approval with five specific conditions (see below). The Resolution presented to the City Commission includes these five conditions and two additional conditions which require recording of the official agreements approved by this action. Recommendation: Approval, subject to conditions. 1. Advantage to o City: Improves the use of currently vacant land. 2. Disadvantage to City: No disadvantage is foreseeable. 3. This Resolution is pursuant to § 20 -4.4 (17)(2)(a), § 20 -3.4 (B)(15) and § 20 -3.6 (0) of the Land Development Code. 4. The Planning Board voted 6 -0 to recommend approval with the following conditions: (1) That every effort be made to provide irrigation and to utilize porous asphalt; (2) That the chain -link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; (3) That any extremely hazardous parking spaces be either re- configured or eliminated upon final approval; (4) That the chain -link fence be vinyl coated, black in color; and, (5) That the said fence be limited to four feet in height. 5. BZCD staff recommended approval as set forth in the attached memoranda. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA GRANTING A SPECIAL PARKING 4 PERMIT PURSUANT TO SECTION 20 -4.4 (F)(2)(a) OF THE LAND 5 DEVELOPMENT CODE TO ALLOW AN OFF -SITE PARKING LOT TO 6 BE LOCATED ON PROPERTY IN THE RO (RESIDENTIAL OFFICE) 7 DISTRICT, AND SPECIFICALLY LOCATED AT 7000 S.W. 62 AVENUE, 8 SOUTH MIAMI, FL, 33143, AND PROVIDING A LEGAL DESCRIPTION. 9 WHEREAS, HealthSouth Corporation made application for a Special Parking Permit 10 to allow an off -site parking lot to be located on property in the RO (Residential Office) 11 district, as provided for under Section 20 -4.4 (17)(2)(a) of the Land Development Code. 12 WHEREAS, the property is located at 6210 S.W. 70 Street, South Miami, Florida, 13 33143, and is legally described as follows: 14 The North 115.00 feet of the East 1/2 of the Southeast '/a of the Southeast '/ of the Southwest 15 '/a less the East 149.00 feet and the East 137.00 feet of the North 150.00 feet of the West '/2 16 of the Southeast '/a of the Southeast '/a of the Southwest '/a , less the West 54.00 feet of the 17 North 58.00 feet all lying and being in Section 25, Township 54 South; Range 40 East, Dade 18 County, Florida, subject to a dedication of the North 25 feet for road purposes; and, 19 WHEREAS, upon approval this property is considered to be part of the property 20 located at 7000 S.W. 62 Avenue via recorded unity of title; and, 21 WHEREAS, the Building, Zoning & Community Development Department staff 22 recommend approval of the application upon evaluating the application for (a) consistency 23 with the Comprehensive Plan and (b) compliance with the requirements contained in Sections 24 20 -4.4 (F)(2)(a), 20 -3.4 (13)(15) and 20 -3.6 (0) of the Land Development Code; and, 25 WHEREAS, on December 13, 1994, the Planning Board voted to recommend 26 approval of the application (6 -0) with the following conditions: 27 (1) That every effort be made to provide irrigation and to utilize porous asphalt; 28 (2) That the chain -link fence be erected two feet behind the property line, to 29 include the planting of shrubbery on the outside edge of the fence; 30 (3) That any extremely hazardous parking spaces be either re- configured or 31 eliminated upon final approval; 32 (4) That the chain -link fence be vinyl coated, black in color; 33, (5) That the said fence be limited to four feet in height; and, 34 WHEREAS, the Mayor and City Commission accept the recommendation of the 35 Planning Board. HealthSouth Parking Permit Resolution Page # 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 SECTION 1. The application by HealthSouth Corporation for a Special Parking Permit to 4 allow an off -site parking lot to be located on property in the RO (Residential Office) district, 5 as provided for under § 20 -4.4 (F)(2)(a) of the Land Development Code is hereby granted 6 with the following conditions: 7 (1) That every effort be made to provide irrigation and to utilize porous asphalt; 8 (2) That the chain -link fence be erected two feet behind the property line, to 9 include the planting of shrubbery on the outside edge of the fence; 10 (3) That any extremely hazardous parking spaces be either re- configured or 11 eliminated upon final approval; 12 (4) That the chain -link fence be vinyl coated, black in color; 13 (5) That the said fence be limited to four feet in height; 14 (6) That the applicant record a unity of title in the public records of Dade County 15 to join this property with the property located at 7000 S.W. 62 Avenue; and, 16 (7) That the applicant record a signed copy of the "Declarations of Restrictions" 17 prepared by BZCD staff (EXHIBIT A) in the public records of Dade County. 1 s PASSED AND ADOPTED THIS 17' DAY OF JANUARY, 1995. 19 20 Neil Carver, Mayor 21 ATTEST: 22 23 Rosemary J. Wascura, City Clerk 24 READ AND APPROVED AS TO FORM: 25 26 Earl G. Gallop, City Attorney c: \planning \report.018 HealthSouth Parking Permit Resolution Page # 2 EXHIBIT A DECLARATION OF RESTRICTIONS KNOW ALL BY THESE PRESENTS that the undersigned, Owner(s) of the following described property (the "Property "), lying, being situated in the City of South Miami, Dade County, Florida, to -wit: The North 115.00 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 less the east 149.00 feet and the east 137.00 feet of the North 150.00 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, less the West 54.00 feet of the North 88.00 feet all lying and being in Section 25, Township 54 South, Range 40 East, Dade County, Florida, subject to a dedication of the North 25 feet for road purposes. IN ORDER TO ASSURE the City of South Miami, Florida, that the representations made to them by the Owner during consideration of a special use permit, the property will be abided by the Owner, freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the property: (1) That said property shall be developed substantially in accordance with the spirit and intent of the plans previously submitted, prepared by Consulting Engineering and Science, INC., dated the 15 day of APRIL , 1994 said plan being on file with the City of South Miami Building and Zoning Department, and by reference made a part of this agreement. (2) The Property Owner(s) must comply with the architectural and landscaping plans offered as part of this covenant. (3) Perpetual maintenance of landscaping as shown on the landscaping plans submitted with this Declaration of Restrictions must be maintained by the Owner(s). Inspection. As further part of this agreement it is hereby understood and agreed that any official inspector of the City of South Miami Building and Zoning and Community Development Department, or its agents duly authorized, may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. Covenant Running with the Land. The Declaration on the part of the Owner shall constitute a covenant running with the land and will be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date of this Declaration is recorded after which time it shall be extended automatically for Declaration of Restrictions Page Two successive periods of ten years each, unless an instrument signed by the majority of the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of South Miami. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, owner or a majority of the owners of all of the Property provided that the same is also approved by the Director of the Building and Zoning Department of the City of South Miami. Should this Declaration of Restrictions be so modified, amended or released, the Director of the City of South Miami Building and Zoning Department, or the executive officer of the successor of such Department, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. Authorization for Building and Zoning Department to Withhold Permits and Inspections. In the event payments or improvements are not made in accordance with the terms of this declaration, in addition to any other remedies available, the City of South Miami Building and Zoning Department is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration is complied with. Election of Remedies. All rights, remedies granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspections and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and the spirit of this Declaration. /D Declaration of Restrictions Page Three Severability. Invalidation of any one of these covenants, by judgement or Court, in no way shall affect any of the other provisions which shall remain in full force and effect. Recording. This Declaration shall be filed of record in the public records of Dade County, Florida at the cost of the Owner following the approval of the Application by the Director of the City of South Miami Building and Zoning Department. IN WITNESS WHEREOF, the party agrees to abide by all terms and accepts the Declaration of Restrictions to the date and year first written above. Witness: Witness: C:W0RMS\J1EALTHS0.00V PROPERTY OWNER 6210 S.W. 70 Street HEALTHSOUTH CORPORATION City of South Miami Director of Building and Zoning and Community Development Dean L. Mimms, AICP - CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Minims, AICP Date: December 9, 1994 Director of BZCD Dept From: Bill Mackey Re: PB -94 -018`. HEALTHSOUTH Planner L� Special Parking Permit for RO REQUEST: Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off -site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20 -4.4 (F)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143 (A commercial property). BACKGROUND & ANALYSIS: The applicant originally applied under Section 20 -3.4 (B)(15) [Attachment 11 for approval of a Special Use Permit (See attached memorandum by Brian T. Soltz). The item was deferred at the September 27, 1994 Planning Board Meeting due to the lack of a completed submission by the applicant at that time: On September 27, 1994, the Planning Board did review an item to amend the parking provisions of the Land Development Code. On November 1, 1994, the City Commission adopted these amendments, creating alternate approval avenues for parking in the City. One of these is contained in the revised provisions of Section 20 -4.4 (F)(2)(a) [Attachment 21 which requires a special use proceeding in order for off -site parking to be approved on RO zoned properties. The applicant's original submission is satisfactory to meet with the previous requirements under Section 20 -3.4 (B)(15) with the following provisos: 1. That the term "residential" in the first paragraph of sub - section (15) refers to single- family residential only; 2. That sub - section (15)(c) is not applicable to existing structures; and, 3. That a second -level is not required to be built under these provisions, despite the use of the term "parking structure" within the provisions. The Planning Board may vote to recommend the approval of this application by the City Commission on the basis that the Planning Board does find that the application does meet the requirements of Section 20 -3.4 (B)(15)(a) through (k). In addition, the Land Development Code contains provisions for all RO zoned properties which are contained under Section 20 -3.6 (0) [Attachment 3] . The applicant's original submission is satisfactory to meet with the previous requirements under Section 20 -3.6 (0) with the following provisos: 1. That the dedicated right -of -way of 50 feet suffices to relieve the applicant of the requirements set forth in sub- section (l); 2. That the term "wall" in sub - section (3) [underlined in Attachment 31 does specifically refer to solid walls, that this provision does not provide a four foot height limit for chain link fences, and that, therefore, such height limit is not applicable to this application (which contains a six -foot high fence); and, 3. That Quercus virginiana is on the Commission approved City Tree List [Attachment 41 and is therefore a valid tree species substitution, as provided for in the second footnote under sub - section (5). The Planning Board may vote to recommend the approval of this application by the City Commission on the basis that the Planning Board does find that the application does meet the requirements of Section 20 -3.6 (0)(1) through (5). As a result of the adoption of the revised Section 20 -4.4 (F)(2)(a), advertising for this item was changed to include the application under this revised portion of the Land Development Code, in order to avoid conflicts as to the applicability and supersedence of the newly adopted legislation. Staff is confident that: 1. The application is advertised properly; 2. The application may be approved under Section 20 -4.4 (F)(2)(a); and, 3. The application does comply with Sections 20 -3.4 (B)(15) and Section 3.6 (0). RECOMMENDATION: Staff recommends that the Planning Board vote to recommend approval of this application under the provisions set forth in Section 20 -4.4 (F)(2)(a). COMPREHENSIVE PLAN The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. APPLICABLE REGULATIONS: Section 20 -4.4 (F)(2)(a), Section 20 -3.4 (B)(I5) & Section 20 -3.6 (0) of the Land Development Code. eo ATTACHMENT 1= Section 20 -3.4 (B)(I5) (15) PARKING STRUCTURE IN RO DISTRICTS% Parking structures in RO Districts are permitted provided that parking is not more than two levels on RO property where an RO property abuts a MO property and where the RO property is to be used solely to provide off- street parking to serve a building or a portion of a building to be constructed solely on the MO property, and when RO property will not abut residential property subject to the following conditions: (a) a unity of title linking the RO and NO properties shall be provided; (b) no main building shall be constructed on the RO property; (c) the square footage of the building(s) to be constructed on the MO property shall not exceed what is permitted by the zoning regulations to be constructed on the MO property; (d) the finished floor elevation of the second level of parking shall be no higher than four (4) feet six (6) inches above grade; (e) the second parking level shall conform to all setback requirements of the RO district except that it shall be permitted at five (5) foot interior side setback; (f) the second parking level shall meet all the requirements of Section 20 -4.5, Vehicular Use Area Landscaping, as if it were at grade parking, including, but not limited to, required landscape islands; (g) the ingress and egress to the RO property shall be solely from the MO property and shall not be permitted from right -of- way(s) abutting the RO property and shall not create adverse traffic conditions; (h) the second parking level shall be designed, landscaped and screened from view, to the maximum extent possible; (i) the proposed plans shall be subject to complete review, approval, modification or denial by the Environmental Review and Preservation Board pursuant to Section 20 -6 (C) to ensure the preservation of the residential character of the RO property, and the overall integrity of the development; (j) a Declaration of Restrictive Covenants providing for substantial compliance with the architectural and landscaping plans offered as part of the application and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan, shall be submitted as part of the application and review of the City Attorney and of the City Commission. The Declaration of Restrictive Covenants shall be recorded in the Public Records of Dade County, at the owner's expense, immediately following any approval of the application; (k) a Public Hearing by the City Commission shall be held to determine the overall compatibility of the proposed use with the neighborhood. The application for a Special Use Permit, as provided herein, shall only be granted if the city Commission affirmatively finds, in its discretion, that the application meets the criteria (a) through (j) listed above and further affirmatively finds that the application preserves and enhances, to the maximum extent possible, based upon the merits of the landscaping and architectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the City Commission may consider, among other evidence presented, the testimony of affected neighboring property owners. 5J ATTACHMENT 2: Section 20 -4.4 (F)(2)(a) (2) Spaces Located Off -Site (a) Off -site parking spaces shall not be permitted in RS., -A-T, RM, and RO. LO. MO NR SR GR. 1 H. PR and PI districts with provision that if off - street parldna is adjacent to residential zoned properties and /or RO zoned properties, pecial use process would be applicable for aroval. (b) Vkef-e -t - is�a{r -i re$se -ix-- tie - �4€Fae- es- pFavided- eolleefively -ef wed- jtly- b}- s{� }- er- mereses~oF- elisiebts; [Rlequired off- street parking spaces may be located and maintained up to 600 feet from a residential or institu ional use served and up to 1.000 feet tm'-ee-huadFed f398) - €eet from as non - institutional and non - residential use served and- - p- to-IRW e-HadFed ( 398}° - feet- f�em- a3a©dier -H Fe- fmlfial-$ad ns se►�eFVed. (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring the regMjMd Rarldng will be provided. or - ttader-a-ease- with -a egg tm* t��, '. - (2.0)- s- oF�er�, -- tamer - wig -#he 4 s-de- ewmr -of fie let -oA -whit - a- ipai- - - :— I e thff -case, as a condition of the issuance of the building permit for the principal use, the owner of the off -site parking shall record a covenant in form and substance satisfactory to the City Attorney and City Commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time such off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, Certificate of Use and Occupancy for the principal use shall be subject to revocation by the City Manager Gemmissim, after notice and hearing. ATTACHMENT 3: Section 20 -3.6 (0) (0) RO Restrictions21 (1) In addition to all other requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces directly (within 50 feet) a property zoned for single family residential purposes. To accomplish this, the normally required perimeter landscaped buffer shall be increased from five (5) to eight (8) feet in width and trees from Table 20- 3.6 (0)(5) shall be planted according to the spacing listed. These trees shall be a minimum of 10 - 12 feet tall immediately after planting. (2) No structure shall be constructed or altered to produce a store front, display window, or any other feature that would detract from residential character except that, in areas where RO zoned property abuts the MetroRail right -of -way, it shall be left to the discretion of the Environmental, Review and Preservation Board as to whether strict compliance shall be necessary on that side abutting the MetroRail right -of -way, providing that all other sides are residential in character. (3) A decorative wall or fence of masonry, reinforced concrete, precast concrete, chain link, wood, or other like material that will be compatible with the main structure, five (5) feet in height shall be erected along all interior property lines, including the rear property line; provided, however, that in the event that the rear property line abuts a secondary road, said wall shall be set in ten (10 ) feet from the official right -cf -way of the secondary road, and said ten (10) feet shall be landscaped; provided, further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. Walls within or extending into the required 25 foot front setback area shall be no more than four (4) feet in height. Further, individual buildings shall not be connected by fences, walls, breezeways or any', other structures which make the building appear to have a single facade more than eighty (80) feet. in width, provided that buildings may be connected by a breezeway at the first level only of no more than eight (8) feet in width. (4) No accessory buildings, or storage of supplies, heavy equipment, or large vehicles shall be permitted anywhere on the lot. In addition, air conditioning equipment may not be placed in the required front setback area. (5) TABLE 20 -3.6 (0)(5) Tree Species* and Required Spacing for Continuous Visual Buffer Required Spacing Aralia (Polyscias balforiana) 3' Beauty Leaf (Callophyllum antillianum) 10, Buttonwood (Conocarpus erectus) 5' Carrotwood (Cupaniopsis spp.) 10° Madagascar Olive (Noronhia emarginata) 10, Pink Trumpet Tree (Tabebuia pallida) 10, Spicewood (.Calyptranthes pallen) 10' vitex (Vitex gnus castus) 10, Wax Myrtle (Myrica cerifera) 10, Yew (Podocarpus sPP•) 101, 1 * Cr eubatituee to be approved by the Cnvir -tai Neviev msrd. * or subatitution to be as" free. COMiulon approved tree list submitted by the Tree Committee. ATTACHMENT 4: City Tree List (excerpt) U CITY OF SOUTH MIAMI TREE LIST page 2 Large Native Trees (more than 30' overall) Ecosystem: Pineland or Hammock Botanical Name Common Name Max. Size Bumeiia salicifolia med.* Willow Bustic 40' x 20' Bursera simaruba * Gunbo Limbo 50' x 40' Canella winterana med. Wild Cinnamon 40' x 30' Chrysophylum oliviforme med.* Satinleaf 40' x 20' Conocarpus erectus* Green Buttonwood 60' x 40' Cocoloba uvifera * Seagrape 40' x 30 Cocoioba diversifoiia * Pigeon Plum 40' x 20' Cordia Sebestena med. * Orange Geiger 40' x 30' Clusia rosea med. Signature Tree 50' x 50' Exothea paniculata Inkwood 40' x 30' Ficus citrifolia Short Leaf Fig 50' x 40' Guapira longifolia med.. Blolly 40' x 30' Ilex cassine med. * Dahoon Holly 40' x 20' Licaria Triandra med. Gulf Licaria 40' x 30' Matichodendron foetidissium Mastic 80' x 60' Pinus eliottii "Densa" Parks Dade County Pine 80' x 40' Piscidia piscipula # Jamaca Dogwood 40' x 30' Lysiloma latisiliqua *# Wild Tamarind 60' x 40 NQuercus virginiana * Live Oak 80' x 80' Simarouba glauca * Paradise Tree 60' x 40' Swietenia mahogoni * Mahogony Tree 60' x 40' Ecosystem: Wetland of edge of fresh water body Rate M F S M F M M S M M F M M M F M F F S F M F F F M M M M M F M M M M M M S M M M M M M M M M M M Red Maple 80' x 40' Ficus citrifolia Short Leaf Fig 50' x 40' Ficus aurea Strangler Fig 80' x 80' Fraxinus caroliniana Pop Ash 60' x 40' Ilex cassine * Dahoon Holly 40' x 20' Magnolia virginiana Sweet Bay 40' x 20' Paurotis wightii * Paurotis Palm 40' x 20' Bald Cypress 90' x 40' Sabal palmetto * Sabal Palm 60' x 12' Roystonea regia * Royal Palm 90' x 20' Medium 6 Small Native Trees (less than 30' overall) Acacia farneseana Sweet Acacia 20' x 20' Ateramnus iucidus Crabwood 20' x 10' Calyptranthes pallens Spicewood 20' x 10' Calyptranthes zuzygium Myrtle -of- the -River 20' x 10' Capparis cynoph allophora Jamaca Caper - 20' x 10' Conocarpus erectus "sericeous' Silver Buttonwood 25' x 20' Eugenia axillaris White Stopper 20' x 10' Eugenia confusa Red Stopper 25' x 15' Eugenia foetida Spanish Stopper 20' x 10' Juniperus silicicola Southern Red Cedar 25' x 20' Guaiacum sanctum Lignum Vitae 15' x 10' Krugiodendron ferreum Black Ironwood 25' x 15' Myrica cerifera Wax Myrtle 20' x 15' Myrcianthes fragrans Simpson Stopper 20' x 10' Myrsine floridana Myrsine 20' x 10' Picramnia pentandra Bitterbush 15' x 10' Pithecellobium guadalupense Blackhead 20' x 15' Coralia boissieri 'Texas Wild Olive Capparis cynophaiophora Jamaican Caper Rate M F S M F M M S M M F M M M F M F F S F M F F F M M M M M F M M M M M M S M M M M M M M M M M M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Date: October 4, 1994 Director of Building, Zoning & Community Development Dept From: Brian Soltz Re: HEALTHSOUTH Corporation �-cianPlanning Tec Special Use Permit This memorandum concerns HEALTHSOUTH Corporations request for a special use permit. HEALTHSOUTH is located at 7000 S.W. 62 Avenue. HEALTHSOUTH is requesting a special use permit to build a parking lot adjacent to their existing office building. The subject property is zoned "RO" Residential Office and the existing office building is zoned "MO" Medium - Intensity Office. The subject property is presently vacant and the applicant believes that the proposed use will enhance the area. A Special Use Permit allows the city to determine whether or not a certain use is compatible with the surrounding uses. Parking lots are permitted in the "RO" Residential Office district with the following conditions: 1) The property is to be used solely to provide off street parking to serve a building or a portion of a building to be constructed solely on the "MO" property. 2) A unity of title linking the "RO" and the "MO" properties should be provided. 3) No main building shall be constructed on the "RO" property. 4) The ingress and egress to the "RO" property shall be solely from the "MO" property and shall not be permitted from right. -of- ways) abutting the "RO" property and shall not create adverse traffic conditions. 5) The proposed plans shall be subject to complete review, approval, modification or denial by the Environmental Review and Preservation Board pursuant to Section 20 -6 (C) to ensure the preservation of the residential character of the RO property, and the overall integrity of the development. 6) A Declaration of Restrictive Covenants providing for substantial compliance with the architectural and landscaping plans offered as part of the application and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan, shall be submitted as part of the application and review of the City Attorney and of the City Commission. The Declaration of Restrictive Covenants shall be recorded in the Public Records of Dade County, at the owner's ii expense, immediately following any approval of the application. 7) A Public Hearing by the City Commission shall be held to determine the overall compatibility of the proposed use with the neighborhood. The application for a Special Use Permit, as provided herein, shall only be granted if the City Commission affirmatively finds, in its discretion, that the application meets the criteria listed above and further affirmatively finds that the application preserves and enhances, to the maximum extent possible, based upon the merits of the landscaping and architectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the City Commission may consider, among other evidence presented, the testimony of affected neighboring property owners. The following are supplemental regulations (Section 20 -3.6 (0))specifically for the "RO" Residential Office district that relate specifically to the proposed use: 1) In addition to all other requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces directly (within 50 feet) a property zoned for single - family residential purposes. To accomplish this, the normally required perimeter landscaped buffer shall be increased from five (5) to eight (8) feet in width and trees from Table 20 -3.6 (0)(5) shall be planted according to the spacing listed. These trees shall be a minimum of 10 12 feet tall immediately after planting. 2) A decorative wall or fence of masonry, reinforced concrete, precast concrete, chain link, wood, or other like material that will be compatible with the main structure, five (5) feet in height shall be erected along all interior property lines, including the rear property line; provided, however, that in the event that the rear property line abuts a secondary road, said wall shall be set in ten (10) feet from the official right -of -way of the secondary road, and said ten (10) feet shall be landscaped; provided, further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. Walls within or extending into the required 25 foot front setback area shall be no more than four (4) feet in height. Further, individual buildings shall not be connected by fences, walls, breezeways or any other structures which make the building appear to have a single facade more than eighty (80) feet in width, provided that buildings may be connected by a breezeway at the first level only of no more than eight (8) feet in width. The applicant claims that the property is presently being used in a hazardous fashion. Staff has observed the current practice of cars illegally parking on the vacant lot. The applicant believes that the proposed parking lot will provide a safer and a more residential like use. The owner HEALTHSOUTH Corp_ does own both the "RO" and the "MO" properties and has provided a unity of title linking the two properties together. The applicants site plan does show that there ,a will be no ingress or egress from the "RO" property to the adjacent right -of -way. The applicant has enclosed a covenant providing for substantial compliance with the architectural and landscaping plans offered and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan. However the landscaping plan does not provide a continuous 8 foot landscaping buffer for the "RO" property on the side facing the single - family residential district as called for in Section 20 -3.6 (0) (1) of the Land Development Code. But does meet all landscaping height regulations set forth in the Land Development Code. The applicant has also proposed a chain link fence as required in Section 20 - 3.6 (0) (3). The staff does believe that the proposed application meets the regulations of the Land Development Code and would recommend the following conditions of approval: 1) The applicant must have a 8 foot landscaping buffer on the 70 Street property line side. 2) In regards to the applicants proposal of a fence surrounding the "RO" property. Staff would recommend that the fence be located within the shrub border and the green vinyl coated type chain link fence be used. This would add security to the parking lot with out disturbing the visual aspect of the area. 3) The applicant must place sod within the 25 foot dedication area. Staff believes that with the applicants proposal and the staff recommendations the proposed use will be compatible with the surrounding neighborhood. The parking lot will provide the necessary parking so that the residents will not have to deal with people illegal parking on their lawns and on the presently vacant lot. The proposed use is compatible with the Comprehensive Plan and the Land Development Code. Staff also believes that a highly landscaped parking lot will provide the necessary buffer between the office district and the "RS -3" Low- Density Residential neighborhood. cc: Bill Mackey, Planner Attachments HEALTHSOUW Corporation" TO: City of South. Miami FROM: HEALTHSOUTH Corporation DATE: September 2, 1994 REF: Special Use Permi — Letter of intent. HEALTHSOUTH Corporation is making application} for a special use of land, zoned R Or for parking adjacent to our M O zoned office structure. The land is currently vacant as the structure on it was destroyed by hurricane Andrew --n 1992. The use of the land in a properly constructed parking lot (structure) will enhance the area and provide control on property which is currently being used in a hazardous fashion despite attempts by owner to discourage such use. The improved property will have an immediate and positive impact on the neighborhood. it will change from an unoightly, unorganized, hap - hazard environment: to a well designed,' well secured, well landscaped property, utilized only during office operation by tenants or visitors to the building proper. The current rash of burglaries and car theft should be quickly eliminated. HEALTHSOUTH CORPORATION 7000 S. W. 62nd Avenue, Suite 405 • South Miami, FL 33143 • (305) 666 -6650 Fax 1305) 669 -1396 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant: HEALTHSOUTH CORPORATION Phone: (205) 969 -4739 Property Owner: HEALTHSOUTH CORP. Signature: Address: Two Perimeter Park South Phone N er: (205) 969 -4739 Birmin ham, AL.35243 i Represented By: L. Jeffrey Lane Organization: Weissenhorn Enterpr. Address :7000 S.W. 62nd Ave, Miami, FL Phone: (305) 665 -9880 Architect/Engineer: Consulting Engineer Scienc f7'PhonT- (305) 378 -5555 Owner —YI.. Option to purchase _ Contract to purchase ^ Copy attached: If applicant is not owner, is letter of authority from owner attached? ,Lot(s) LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Block Subdivision PB IMetes and Bounds: Township 54 So. Section 2, Range 40 East APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance Special Use Rezoning Text Amendment to LDC Text Amendment to Comp Plan PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: To use R 0 zoning for parking. SECTION: 20 -3.4 SUBSECTION: 15 PAGE #: c;d AMENDED DATE: 71-5 -91 Letter of intent from owner /tenant Proof of ownership x Current survey within 3 years SUBMITTED MATERIALS Statement of hardship Reasons for change: inherent in the land list justifications Power of attorney Contract to purchase] 7 copies of Site Plan _2L Required fee(s) for 1 reduced @ 8.511 x 1111 cost of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's knowled a and belief. , 2- 9 4 Date 'Applicant's Signature and title Z � 1 �. F I �T jj +I S.W. 62nd° COURT � I N I 1 � I O +4 x u Q V I I II IN rn 1 II s' ry I a i N lI t a I I it { x II II D 11 1 1 L j EXISTING OFFICE l� BUILDING lk NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Building, Zoning & Community Development Department 6130 Sunset Drive, 2 "' Floor; South Miami, Florida 33143 Phone: (305) 663 -6325; Fax #: (305) 666 -4591 On Tuesday, December 13, 1994, at 7 :30 P.M. in the Commission Chambers the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. On Tuesday, January 3, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matters. ��@ Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off -site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20 -4.4 (F)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143. (A commercial property) 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) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. 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 T0, RECOMMEND TO THE CITY COMMISSION WHATE ER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA IN OL ED. THE BOARDS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663 -6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. BE-NOTICE OF PUBLIC HEALING AM CITY OF SOUTH MIAMI Building, Zoning & Community Development Department 1'In 71 ,Ind 171,.,. «. C� �,.�L. 1��: 'I'I1 A'I 6730 Sunset "'rive, `, i'ioor; South 7vuarii, Flo Florida ida .I,ILlrJ Phone: (305) 663 -6325; Fax #: (305) 666 -4591 THE FOLLOWING ITEM HAS BEEN RESCHEDULED: On Tuesday, January 17, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matter. Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off -site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20 -4.4 (17)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143. (A commercial property) 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) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. 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. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663 -6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. �0 , I. . �r r,1 Q`r 't `Ja/e .'.f, d...c �,�...._! _ ,. 1 ! r t. 1 3' '• e. 't IS w a N � ° S rr Ip ��i�i l4e9 jlE e ---fie ' I� Il i „ /l h s I : •J —�—dl ! �°t't' Y 1 ti • �e t ,I I • r ! 1 I Inat► / • �a r •r w ' � � N., w L / / • Y r ,r 1 ' 1 1 '' t NrtIf ISIIP �� l Y M • r , •/r n + + r a I rlAPl e I L y r ,. II •r 3 a 1 , // �, . d 1 , /1 / 1 1 1 1 I �2'oofM . i6t " _ y . N y •e 1 .I i �ti� I ® 9 ' 1 I I A l i r r i I . 9 w .. • � e l t r y v ►a r 2 •. 1 7 It ,/ 1 r 1 •I,ICr s� n.0 i1r•ey, . I +Olwrt.et a' t . 7 ./ /Ile 1 w / 1 ,1 • a 2 q • . / .e MJNaI a 'L.. ial.•�s.r.0 J I r .. 1 r ,• I r , r r1 v,.MS/rr - -1/ Willi SANO #S No a h PAO _II M r , ..�• I r i , . (e/ I t .1 . s• r ./N/vfprly U.gfAU X1 m e ♦ .1' r i�. J t to t h i z •.♦ ar • r� .... .. row.UT l o► , I , r' � J e i tl 1 I , r� r• • / • ', I.A ! 1;/ ,. .. rrr.•j• • / _ MA. 1 PRIM 0 9292 • p� its rv� mom Imn o a ra�ae' I a •� �p•0� r� �, lily pv ago �a��rrr"°Qi viCH� X01 nV37MAJ ♦ o� �� n� _m■ o JPMI moo lay aye 0 Lin APPLICANT: OWNER: S ,4 M L MAP REFERENCE: r . .010 CONNENTS 7000 . ; s 4�� %50eCs G'' ® Us c' Aeurr" .• Da to . `'l Lrn.aS CITY of OTN WAMI PIA i.eClR •.. Hearing III. Public Hearings: Applicant: HEALTHSOUTH CORPORATION Request: Application for Special Parking Permit to allow an off - site parking lot to be located on property in the RO (Residential Office) district, as provided for under Section 20 -4.4 (F)(2)(a) of the City's Land Development Code. Location: 7000 S.W. 62 Avenue; South Miami, Florida 33143. (A commercial property) Ms. Thorner read the request. application. Public hearing was opened. Staff recommended approval of the Mr. Christopher Cooke- Yarborough, architect, spoke before the Board. Mr. Cooke - Yarborough stated his concern about the close placement and compacted base of impervious asphalt to the existing trees located on the premises. He stated that it is important the City examine the adverse impact of such placement and base on the remaining trees by incorporating viable alternatives, such as pervious asphalt, into consideration of the application. He further stated his concern regarding the possible erection of a six foot chain -link fence which is out of character with the appearance of a residential neighborhood. Mr. Jeff Lane, who signed in as the representative for HealthSouth, spoke before the Board, stating that the applicant had taken special efforts to save many of the existing trees and would consider modifying, i.e., reducing the height of and adding additional hedges to, any chain -link fence prior to its erection on the property. Mr. Christopher Cooke - Yarborough responded by asking the applicant, in modifying plans to the fence, to consider: 1) Erecting the chain -link fence two feet behind the property line, and 2 ) Planting a hedge in front of the chain -link fence. Mr. David Tucker Sr., 6556 SW 78 Terrace, asked that the applicant consider Mr. Cooke- Yarborough Is suggestions regarding the erection of any chain -link fence on the subject property. Mr. Bill Mackey, City Planner, read a letter from Ms. Linda Tobin into the record, which contained four areas of primary concern regarding the parking lot: 1) The impact upon property values in surrounding neighborhoods; 2) The impact upon the quality of life in surrounding neighborhoods; 3) The physical "look" and operating hours; 4) The consideration of citizens' rights and concerns in surrounding areas. %� PB Min 12/13/94 1 Public hearing was closed and executive session was convened. Mr. Basu stated the Board's concern that trees on the property be saved. Mr. Lane responded that the applicant was saving as many trees as possible. Mr. ,Basu further stated that irrigation of landscaping be considered and included by the applicant. Mr. Lefley inquired about the possibility of using porous asphalt for the parking lot. Mr. Lane stated that while the technology for porous asphalt exists, it is generally not utilized in the State of Florida. In response to Mr. Lefley's question regarding the placement of the fence two feet behind the property line, Mr. Lane explained that they would not object to doing so and that they would consider placing shrubbery in front of the fence, thereby enhancing the aesthetics of the property. Motion: Mr. Lefley moved to approve the application, based on the following conditions: 1) That every effort be made to provide irrigation and to utilize porous asphalt; 2) That the chain -link fence be erected two feet behind the property line, to include the planting of shrubbery on the outside edge of the fence; 3) That any extremely hazardous parking spaces be either re- configured or eliminated upon final.approval. Mr. Basu seconded the motion, to include two additional conditions 1) that the chain -link fence be vinyl coated, black in color, and 2) that the said fence be limited to four feet in height. vote on motion, inclusive of five conditions: Approved: 6 Disapproved: 0 At the close of the vote, the Board recessed for four minutes at 8:30 PM. (Mr. Lefley returned at 8:35.) 1Q ........... .............. ql -Atl , C1�4a s - e-iQ U - -.� a 3, To: From: CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM Mayor & City Commission Date: January 13, 1995 Eddie Cox City Manager Background: Re: 01117/95 City Commission Agenda Item #'t Welsh Variance Requests, The applicant has applied for two variances in order to create two buildable lots which are slightly less in area than required by the Land Development Code. The City Commission has created a process for administrative waivers which includes provisions for waiving a small percentage of the required lot frontage but does not contain provisions regarding lot area. The Planning Board recommended approval of the variance on the basis that the neighborhood will be improved by the addition of two new homes. The Planning Board felt that it was not likely that a larger, more expensive home would be built on the parcel since the surrounding neighborhood already consists of smaller, moderately- priced residences. BZCD staff recommended denial on the basis that the irregular street pattern was not necessarily a hardship as required by the Code. Planning Board felt this was fairly debatable and took the initiative to consider that the irregular shape of the land did, in this case, constitute a hardship. Recommendation: Approval. 1. Advantage to City: Creates new taxable property and improves an existing neighborhood. 2. Disadvantages to City: Creates a precedent for future applications. 3. This Resolution is pursuant to Section 20 -3.5E of the Land Development Code. 4. The Planning Board voted 6 -0 to recommend approval. 5. BZCD staff recommended denial on the basis that hardship was not necessarily proven. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING TWO REQUESTS FOR VARIANCES FROM §20 -3.5 E OF THE LAND DEVELOPMENT CODE TO PERMIT A NET LOT AREA OF 9,395 SQUARE FEET WHERE 10,000 SQUARE FEET IS REQUIRED AND TO PERMIT A NET LOT AREA OF 9,050 SQUARE FEET WHERE 10,000 SQUARE FEET IS REQUIRED, IN ORDER TO CREATE 2 BUILDABLE LOTS FROM A SINGLE LOT ON PROPERTY LOCATED IN THE RS -3 (MEDIUM LOT SINGLE - FAMILY RESIDENTIAL) ZONING DISTRICT, AND SPECIFICALLY LOCATED AT 7041 S.W. 63 COURT, SOUTH MIAMI, FLORIDA, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, Mr. Robert Cooper Welsh has made application as representative for Thomas Roman, property owner, for two variances from Section 20 -3.5E in order to create two buildable lots from a single lot. The first variance request is to permit a net lot area of 9,395 square feet where 10,000 square feet is required; the second request is to permit a net lot area of 9,050 square feet where 10,000 square feet is required. Both' requests are made for property located in the RS -3 Medium Lot Single - Family Residential zoning district; and, WHEREAS, the property is located at 7041 S.W. 63 Court, South Miami, Florida, 33143, and is legally described as follows: Lots 4, 5 and 6, Block 9, of "COCOPLUM TERRACE ", according to the plat thereof, as recorded in Plat Book 25 at Page 4, of the Public Records of Dade County, Florida; and, 24 WHEREAS, the Building, Zoning & Community Development Department staff 25 recommended denial of the application to the Planning Board for variances upon evaluating 26 the application for (a) consistency with the Comprehensive Plan and (b) compliance with the 27 hardship requirement contained in Section 20 -5.9 (C) of the Land Development Code; and, 28 WHEREAS, on December 13, 1994, the Planning Board voted to recommend 29 approval of the application for both variances (6 -0); and, 30 WHEREAS, the Mayor and City Commission accept the recommendation of the 31 Planning Board. Welsh Variance: Resolution Page # 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 SECTION L The application of Mr. Robert Cooper Welsh as representative for Thomas 4 Roman, property owner, for two variances from Section 20 -3.5E to permit a net lot area of 5 9,395 square feet where 10,000 square feet is required and to permit a net lot area of 9,050 6 square feet where 10,000 square feet is required, is hereby granted. 7 PASSED AND ADOPTED THIS 17' DAY OF JANUARY, 1995. 8 Neil Carver, Mayor 10 ATTEST: 11 12 Rosemary J. Wascura, City Clerk 13 READ AND APPROVED AS TO FORM: 14 15 Earl G. Gallop, City Attorney c; \planning \report.026 Welsh Variance: Resolution Page # 2 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Date: December 9, 1994 Director of BZCD Dept From: Bill Mackey , , Re: PB -94 -026: Robert C. Welsh Planner` Two Variances for Lot Area REQUEST: Applicant: ROBERT COOPER WELSH Request #1: Variance from Section 20 -3.5E to permit a net lot area of 9,395 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Request #2: Variance from Section 20 -3.5E to permit a net lot area of 9,050 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Location: 7041 S.W. 63 Court; South Miami, Florida 33143 (A residential property). BACKGROUND & ANALYSIS: In the letter of hardship submitted, the applicant has claimed that if the street were orthagonal and not curvilinear the lots would have sufficient area to meet the requirements of the Code. Staff has researched the original plat of the property and concur that if the street had been centered on the block and perpendicular to Sunset Drive each lot of record might have contained approximately 7,000 square feet; therefore, each proposed parcel by the applicant would have contained approximately 10,500 square feet. This itself does not comprise a hardship condition. RECOMMENDATION: Staff recommends that the Planning Board vote to recommend denial of this application. COMPREHENSIVE PLAN: The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. APPLICABLE REGULATIONS: Section 20 -3.5 E of the Land Development Code. Applicant: APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Property Owner: o o Address : 70 Y/ Sw 63 Represented By: E (0Q Address: ) Y37 5 �J i� q C-- Architect /Engineer: Signature: Phone Number: I Organization: Phone: dGL��- Phone: 6 - -7 Owner Option to purchase Contract to purchase ® Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s) Y Block Subdivision Co evP41 -- % pB 2S_� Metes and Bounds: Township section Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: variance Special Use Rezoning Text Amendment to LDC Text Amendment to Comp Plan PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: SECTION: SUBSECTION _ PAGE: (s/U AMENDED DATE: -1� SUBMITTED MATERIALS Letter of intent Statement of hardship from owner /tenant inherent in the land Proof of ownership Power of attorney Current survey within 3 years 7 copies of Site Plan 1 reduced @ 8.5" x 11" Reasons for change: list justifications -1--1/ Contract to purchase. t/ Required fee(s) for cost of advertising 11 The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to a st of the applicant's knowledge and belief. II 23 I, Robert Cooper Welsh, Jr want to buy the property whose address is 7241 S.W. 63 Ct. The pro -erty is legally described as Lots 4,5, &6, Block 9 of Cocoplum Terrace, Book 25 Page 40. Lots 4,5, &6 have a total frontage of 150 feet. I want to split lot 5 in half along an east -west axis and combine its north half with lot 4 and its south half with lot 6. This would give me two lots with 75 feet of frontage on S.W. 63 Ct. My hardship is that the road curves inward toward the lots to my detriment. Had the road been straight the newly formed lots would have no trouble meeting the 10,000 square foot minimum required for a buildable lot. Lot 4 and the north half of lot 5 have approximately 9,680 square feet and the south half of lot 5 and lot 6 have 9,480 square feet. Please keep in mind that these two lots are located between three houses built on 50 foot wide lots and that around ty corner on S.W. 70 St. there is a house built on a fS foot wide lot. I furthur request that South Miami postpone the requirement to demolish the house that is located on lot 5 untill after the house on lot 4 is con- structed. I will submit the first house (built on lot 4) to a construction hold pending demolition of the house on lot 5. This lets me live in the old house while building the new house. LIMITED POWER OF ATTORNEY I, THOMAS ROMAN, hereby authorize ROBERT COOPER WELSH, JR. to act as my attorney -in -fact for purposes of processing an application for variance with the City of South Miami in order to qualify the following described property: Lots 4, 5 and 6, Block 9, COCOPLUM TERRACE, according to the Plat thereof, as recorded in.Plat Book 25, at Page 4, of the Public Records of Dade County, Florida. as two buildable sites. For purpose of processing the above- described application, I authorize ROBERT COOPER WELSH,, JR.,- my said attorney -in -fact, to take all necessary and reasonable actions to the same extent that I could do if personally present. � ✓�riLG -.� THOMAS ROMAN STATE OF FLORIDA COUNTY OF DADS I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared THOMAS ROMAN known to me to be the person in and who executed the foregoing instrument, who acknowledged before me that he executed the same, that I relied upon the following form of identification of the above -named person and that an oath (was) (was not) taken. Witness my hand and official seal in the County and State last aforesaid this 7_'5=-day of November, 1994. Ck STONE Notary Signature Em OFJFL CC338494 p '►v �� 1 V 1 N G C l d A E DEC 15,1997 Printed Notary Signature PREPARED BY: DON R. LIVINGSTONE, ESQUIRE 7711 S. W. 62 AVENUE, 0101 SOUTH MIAMI, FLORIDA 33143 Date of field work: 10/21/94 Completion date: 11/04/94 Flood zone: X Panel: 0276 Survey number: G -5194 Certified to: Thomas Roman Property address: 7041 S.W. 63 Court South Miami, FL 33143 �s O ` ul J a t 4 � : J < i i 1 v� J NOTES 1) BEARINGS SHOWN ARE EITHER ASSUMED OR PER PLAT. 2) LEGAL DESCRIPTION PROVIDED BY OTHERS. 3) , THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENT OR OTHER RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT. <) UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. 5) ELEVATIONS ARE BASED ON NATIONAL GEODETIC DATUM. 6) FENCE OWNERSHIP NOT DETERMINED. 7) WALL TIES ARE TO THE FACE OF THE WALL. 6) NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. °) ONLY VISIBLE ENCROACHMENTS LOCATED. 7700 North Kendall Drive Suite 409 Miami, Florida 33156 (305)271.3655 Fax(305)271 -5499 2201 Lucien Way Suite 402 Maitland, Florida 32751 (407) 875 -1470 Fax(407)675 -3195 Nationwide: 1. 800. 227.2854 AND AFFILIATED COMPANIES Fax: 1. 800. 227.2660 ti WAIVER OF PI AT - Legal Description: (Parent Tract) g Lots , an , B oc. , or COCOPLUM TERRACE, according to the Plat thereof, as svor 7-Ee4w= recorded in Plat Book 25, Page 4, of the Public Records of Dade County, Florida Legal Description: (Parcel A) Lot 4, and the North of Lot 5, of COCOPLUX TERRACE, according to the Plat thereof, as recorded in Plat Book 25, Page 4, of the Public Records of Dade County, Florida Legal Description: (Parcel B) Lot 6, and the South o Lot 5, of COCOPLUX TERRACE, according to the Plat thereof, as recorded in Plat Book 25, Page 4, of the Public Records of Dade, County, Florida NOTES 1) BEARINGS SHOWN ARE EITHER ASSUMED OR PER PLAT. 2) LEGAL DESCRIPTION PROVIDED BY OTHERS. 3) , THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENT OR OTHER RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT. <) UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. 5) ELEVATIONS ARE BASED ON NATIONAL GEODETIC DATUM. 6) FENCE OWNERSHIP NOT DETERMINED. 7) WALL TIES ARE TO THE FACE OF THE WALL. 6) NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. °) ONLY VISIBLE ENCROACHMENTS LOCATED. 7700 North Kendall Drive Suite 409 Miami, Florida 33156 (305)271.3655 Fax(305)271 -5499 2201 Lucien Way Suite 402 Maitland, Florida 32751 (407) 875 -1470 Fax(407)675 -3195 Nationwide: 1. 800. 227.2854 AND AFFILIATED COMPANIES Fax: 1. 800. 227.2660 p1 w 121.10 C2) C� �OV O "IecN PIaE iWO - 64.4' l — LOT I 0 N , U ra 4 25.2 a r Q N 4 I N tJ1 1 1 LOT b 38.51 00 - ®t23.00 P ors, � � i, u 1 �. IW. il° . NO vim`' VJI -+.1i 1. Ln I I� uj V i 1 vr Leggy Lot: Q2) 4' i44H W(C'E. �BIJGE ✓ �, �' �• 12uL'E'. 2 Iec' .0 4-:7, (?-) 6tir:. 131.5' CM) Legi 1 Q of the- Cou: d' Leg: Lot the - Cou- NOTES )D FENCE . C.M. CONCRETE MONUMENT i HEREBY CER'iIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICA! 1) BEARINGS SHOW STANDARDS AS SEl' FORTH BY THE. FLORIDA BOARD OF PROFESSIONAL LAND ' 2) LEGAL DESCRIP7 3FENCE F.I.R. FOUND IRON ROD 3) THE LANDS SHON F.I.P. FOUND IRON PIPE SURVEYORS IN CH TER 21H 5 FLORIDA ADMINISTRATIVE CODE. PURSUANT OR OTHER RECC PERTY CORNER R/W RIGHT OF WAY TO SECTiO '47 7. c ID ATU'fE3. 4) UNDERGROUND ORD D.E. DRAINAGE EASEMENT SIGNED IMPROVEMENTS .0 MEASURED U.E. UTILITY EASEMENT RALPH S ERDLOFF 6) ELEVATIONS ARE CULATED F0- FOUND REGISTERED LAND SURVEYOR NO. 3411 6) FENCE OWNERS! 7) WALL TIES ARE 7 AR P PLAT STATE OF FLORIDA 6) NOT VALID UNLE :ROACHMENT 9) ONLY VISIBLE U JTERLINE 4CRETE )PERTY LINE a I. III#W.it a C � i t► C s � d l.l1 o a �J 0 0 CITY OF SOUTH MIAMI ZONING PETITION Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: ( 305 ) 663 -6325; Fax #: ( 305 ) 666 -4591 RE -94 -026 Applicant: Robert Cooper Welsh Request #1= Variance from Section 20 -3.5E to permit a net lot area of 9,395 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Request #2: Variance from Section 20 -3.5E to permit a net lot area of 9,050 square feet where 10,000 square feet is required or property located in the RS -3 Medium Lot Single Family "- Residential District. Location: 7041 S.W. 63 Court; South Miami, Florida 33143 (A residential property) 17 SIGNATURES ARE REQUIRED FOR SUBMISSION OF THE APPLICATION We, the undersigned property owners, are within'500 feet of the above property. We understand and approve of the following Request(s): Name Date Address *All S of a a� a z ai �i ZONING PETITION (Continued from Page 1) We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the request(s) listed on the preceding page. Nam; Date Address I i ���r nc • S91 3 ,•�,, .1�. %1 �� s �/ f%�' i ! ��S/- � ' J' ',i^ :i� i �/, � � �` � �/� /,I Zoning Petition Page 2 of 2 rl , Zoning Petition we, the undersigned property owners are within 500 feet of the above property. We understand and approve the request(s) 44--� listed in the Preceding pa e. Name r+;!.� �' c�Cx�.t�:'��� - Date '7 / .� Address 1 3 1 _ 11 /1 1C) C) V "- W 7 3 r 3 3 8 1 39 a 40 4 , 1 1 48 49 50 W 53 ° 54 55 0 jj I' 56 page 3 Of 3 44--� 1 Zk� 47 'mil i 1 (A� ri S�f /, 1 �_ i�r' f L C' ( _ 48 49 50 W 53 ° 54 55 0 jj I' 56 page 3 Of 3 1I NOTICE OF PUBLIC HEARING CITY OF SOUTH NHANH Building, Zoning & Community Development Department 6130 Sunset Drive, 2 "d Floor; South Miami, Florida 33143 Phone: (305) 663- 6325; Fax #: (305) 666 -4591 On Tuesday, December 13, 1994, at 7 :30 P.M. in the Commission Chambers the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. On Tuesday, January 3, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matters. �; •. L a Applicant: ROBERT COOPER WELSH Request* #1: Variance from Section 20 -3.5E to permit a net lot area of 9,395 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Request #2: Variance from Section 20 -3.5E to permit a net lot area of 9,050 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Location: 7041 S.W. 63 Court; South Miami, Florida 33143. (A residential property) 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) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. 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. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663 -6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. IIE- NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Building, Zoning & Community Development Department - 6130 Sunset Drive, 2 "' ► loor; South Miarni, Florida 33143 Phone: (305) 663 -6325; Fax #: (305) 666 -4591 THE FOLLOWING ITEM HAS BEEN RESCHEDULED: On Tuesday, January 17, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matters. PB -94 -026 Applicant: ROBERT COOPER WELSH Request #1: Variance from Section 20 -3.5E to permit a net lot area of 9,395 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Request #2: Variance from Section 20 -3.5E to permit a net lot area of 9,050 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Location: 7041 S.W. 63 Court; South Miami, Florida 33143. (A residential property) 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) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. 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. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663 -6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. ,l �3 •� i 10 V " 4 J APPLICANT: OWNER: TMOMAS 120MAW MAP REFERENCE: 'S Compass �� •w• %3 COYa� �s SAow+% COMMENTS: Scale a� VARIMACES Foot &0T A RS S DDrante . c hk.. . . CITY Y OR )OU I H N1 AM I PLANNING VOA RD Hearing No.. SO. ,I PB -94 -026 Applicant: ROBERT COOPER WELSH JR Request #1: Variance from Section 20 -3.5E to permit a net lot area of 9,395 square feet where 10,000 square feet is required.on property located in the RS -3 Medium Lot Single Family Residential District. Request #2: Variance from Section 20 -3.5E to permit a net lot area of 9,050 square feet where 10,000 square feet is required on property located in the RS -3 Medium Lot Single Family Residential District. Location: 7041 S.W. 63 Court; South Miami, Florida 33143. (A residential property) Mr. Eisenhart read the request. Staff recommended denial of the application. Public hearing was opened. Mr. Christopher Cooke- Yarborough spoke before the Board, stating that as an active member of the neighborhood, he is interested in encouraging its improvement. He further stated-.that if setbacks are honored, the variances would not detract from the improvement of the neighborhood. Mr. Robert Welsh, Jr. signed in as the representative. Mr. Welsh tendered that the curvature of the street does comprise a hardship condition. Public hearing was closed and executive session was opened. Mr. Kerr stipulated that the granting of variances in this particular case would contribute to the progress of the neighborhood-involved. Mr. Lefley stated that he would be in favor of approval of the application. Mr. Eisenhart also stated that he would consider approving the request. Motion: Mr. Kerr moved approval of the request as presented. Ms. Thorner seconded the motion. Vote: Approved: 6 Disapproved: 0 PB Min 12/13/94 3 INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: January 12, 1995 Agenda Item W- - From: Eddie Cox Re: Comm. Mtg. 01/17/95 City Manager Ordinance - Creating the Office of Development The proposed ordinance will provide for the set up, staffing and funding of a new department, the Office of Development. This action is in response to the expressed commitment of the Commission and residents to pursue alternate funding in the form of grants and possible awards. Set up of this department will provide the necessary management required to successfully compete for and utilize any funding realized. Approval of this ordinance is recommended. EC:er .kp.aa 1 ORDINANCE NO. WHEREAS, the City Manager has identified various accounts 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, CREATING THE OFFICE OF 4 DEVELOPMENT, APPROVING THE ATTACHED BUDGET FOR THE 1994- 5 95 FISCAL YEAR AND AUTHORIZING THE CITY MANAGER TO 6 TRANSFER FUNDS FROM VARIOUS ACCOUNTS FOR THE SET UP AND 7 OPERATION OF THE NEW DEPARTMENT; AND PROVIDING AN 8 EFFECTIVE DATE. 9 WHEREAS, the City Commission and citizens of South Miami have 10 expressed to the City Manager the desire to aggressively seek 11 available funds in the form of grants, and other public funding 12 sources for the implementation of various community development 13 projects; and 14 WHEREAS, the City Manager has determined that it would be 15 necessary to create a new department named "Office of Development" 16 to better coordinate all activities involved in identification, and 17 management of various funding sources; and 18 WHEREAS, the City Manager has identified various accounts 19 where funding for the set up and operation of the new department 20 can be transferred through the budget process. 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 Section 1. That a new Department named Office of Development 24 is hereby created. 25 Section 2. That the attached budget and personnel schedule 26 are hereby approved as supplements to 1994 -95 City budget. 27 Section 3. That the City Manager is authorized to transfer 28 $25,000 from account number 01- 2100 -9950, Reserve for 29 Reencumbrances; $15,345 from account number 01- 2100 -5560 Career 30 Counseling Supplement; $20,000 from account number 01- 2100 - 5580, 31 Grant Application Process for the new department's budget. 32 PASSED AND ADOPTED this day of January, 1995. 33 APPROVED: 34 35 36 ATTEST: 37 38 M*7 40 41 Rosemary Wascura, City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop, City Attorney Neil Carver, Mayor 01/03/95 11:16 FUND GENERAL DEPARTMENT OFFICE OF DEVELOPMENT ACTIVITY GRANTS PROCESS a 6664591 CITY SOUTH MIAMI CITY OF SOUTH MIAMI BUDGET 01 18 10 P.01 MANAGER ACCT ACCOUNT CLASSIFICATION ACTUAL ACTUAL ADOPTED RECOMMENDS NO 1991 -92 1992 -93 1993 -94 1994 -95 SALARIES & FRINGE BENEFITS 1110 SALARIES & WAGES - EXECUTIVE 60 80 80 946,607 1210 SALARIES & WAGES - REGULAR 0 0 0 19,896 1310 SALARIES & WAGES - PART TIME 0 0 0 8,630 2110 F. I. C. A. 0 0 0 5t748 2310 GROUP HEALTH INSURANCE 0 0 0 5,386 TOTAL EXPENDITURES $0 s0 90 $86,267 pummosT == = = = - -_= == = = = = = == = === T.== == BUDGETED POSITIONS 0 0 0 3 - =nouns. === ■ =e== = = == = __ = = = = =_ = = = = = = = == •• PLEASE NOTE THAT THE ABOVE- BUDGET IS BEING FUNDED THROUGH REDUCTION OF VARIOUS GENERAL FUND APPROPRIATION ACCOUNTS BY 869,345; CAREER COUNSELING GRANT 56,922, AND DADE COUNTY COMMUNITY DEVELOPMENT GRANT OF $10,000. F CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor & City Commission Date: January 12, 1995 .mac% 01/17/95 Commission Agenda From: Eddie Cox Re: Item # : Ordinance to permit City Manager Wedding Chapel Use in LDC Background: The City Administration has been approached by an entrepreneur who desires to establish a private Wedding Chapel to be located in the Hometown Too Charrette Study Area. Attached is a copy of the November 23, 1994 letter from Ms. Anna Dupree, which proposes the Wedding Chapel use, and its consideration under the provisions of Land Development Code Section 20- 3.3(C)(5), New or Unlisted Uses of Similar Nature. Staff review of the proposed Wedding Chapel use resulted in the conclusion that the proposed use differed from existing uses in the Code to the extent that it could not be concluded to be of similar nature. I believe that the appropriate way to address the requested new use is to propose amendments to the Land Development Code which, if approved, would define the Wedding Chapel use, establish where it could be located, and prescribe any required conditions for the use. The staff of the Building, Zoning & Community Development Department has developed an ordinance for first reading so the proposed use may be reviewed by the City Commission and Planning Board. Recommendation: None. 1. Advanta eg to Cily: Unknown. 2. Disadvantages to City: None. 3. This Ordinance is sponsored by the Administration. 4. This Ordinance amends Sections 20 -2.3, 20- 3.3(D), 20- 3.4(B), and 20- 4.4(B)(6) of the Land Development Code. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -2.3 OF THE LAND DEVELOPMENT CODE IN ORDER TO ADD A DEFINITION FOR "WEDDING CHAPEL "; AMENDING SECTION 20- 3.3(D) PERMITTED USE SCHEDULE IN ORDER TO PERMIT WEDDING CHAPELS IN THE LO, MO, I AND PI ZONING DISTRICTS; AMENDING SECTION 20 -3.4 (B) SPECIAL REQUIREMENTS OF THE SPECIAL USE CONDITIONS IN ORDER TO CREATE A NEW SUBSECTION (21) "WEDDING CHAPEL "; AMENDING SECTION 20- 4.4(B)(6) SPACE REQUIREMENTS AS CONTAINED IN THE OFF- STREET PARKING REQUIREMENTS IN ORDER TO PROVIDE FOR SPECIFIC PARKING REQUIREMENTS FOR WEDDING CHAPELS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 15 WHEREAS, the City of South Miami Florida enacted a Land Development Code that 16 provides for purpose and authority, definitions, zoning regulations, other regulations, procedures 17 and applications, and administration and enforcement; and, 18 WHEREAS, the City of South Miami's Land Development Code does not permit wedding 19 chapels; and, 20 WHEREAS, the City Commission concurs and desires to encourage a broad range of 21 uses, such as wedding chapels, in the LO, MO, I and PI zoning districts. 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 SECTION 1. That Section 20 -2.3 DEFINITIONS, be, and is hereby amended as follows: 25 WEDDING CHAPEL. Shall mean a building, or a building and other 26 structures, intended for wedding services, wedding receptions, and bridal showers. 27 28 29 30 31 32 33 34 35 36 37 SECTION -2 That Section 20- 3.3(D) PERMITTED USE SCHEDULE be, and is hereby, amended as follows: PUBLIC AND INSTITUTIONAL USES Church, Temple or Synagogue 38 Note: "Church, Temple or Synagogue" use provided only for comparison purposes_ 13 Wedding Chapel Ordinance Page # 1 R R R R R R R R R L M N S G I H P P C P USE TYPE S S S S T T M M 0 0 0 R R R I R O A 1 2 3 4 6 9 1 2 N R 8 4 D K PUBLIC AND INSTITUTIONAL USES Church, Temple or Synagogue 38 Note: "Church, Temple or Synagogue" use provided only for comparison purposes_ 13 Wedding Chapel Ordinance Page # 1 November 23, 1994 APPLICATION FOR WEDDING CHAPEL, USE TO: DEAN MIMMS, AICP DIRECTOR OF BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPT FROM: ANNA R. DUPREE (APPLICANT) 6521 S.W. 62 Ct. MIAMI, FL 33143 PROPERTY: 6901 S.W. 61 Ct MIAMI, FL 33143 OWNER: CAL ROSENBAUM Because th Code, Section 20- 3.3(D), Permitted Use Schedule, does not contain "Wedding Chapel" as a permitted use, I am requesting for a Wedding Chapel use under the provisions of Section 20- 3.2(5), New or Unlisted Uses of Similar Nature. - The-Wedding Chapel will be used,to perform weddings,and °provide an area as well as the equipment (tables, chairs,etc...) for Receptions and Bridal Showers. The chapel will have an indoor chapel with the occupancy capacity of 50 -75 ' guest, and an outdoor garden with the occupancy capacity of up to 100 guest. The kitchen on the property will not be used for catering, however we will allow food to be catered in. The property will be enclosed with wood fencing, and the front door will be placed on the side near the parking lot which will be included in the lease. Your cooperation with this request will be greatly appreciated. Thank You, F� Anna R. Dupree 13 1 SECTION 3. That Section 20 -3.4 (B) Special Requirements for special use conditions be, and 2 is hereby, amended by creating a new subsection (21) as follows: 3 2jJ11 WEDDING CHAPEL 4 No structure shall be located less than one hundred (100) feet from any 5 adjacent residential district. 6 SECTION 4. That Section 20 -4.4 (B)(6) Space Requirements as contained in the off - street 7 parking requirements, be, and is hereby, amended as follows: 8 (6) One (1) space per three (3) seating spaces in the main assembly room. 9 For wedding chapel use, one (1) space per three 3) occupants. based on 10 maximum expected occupancy. 11 SECTION 5. If any section, clause, sentence, or phrase of this ordinance is for any reason held 12 invalid or unconstitutional by a court of competent jurisdiction, this holding shall 13 not affect the validity of the remaining portions of this ordinance. 14 SECTION 6. All ordinances or parts of ordinances in conflict with the provisions of this 15 ordinance are hereby repealed. 16 SECTION 7. This ordinance shall take effect immediately at the time of its passage. 17 PASSED AND ADOPTED THIS 17'" DAY OF JANUARY, 1995. 18 19 20 21 ATTEST: 22 23 Rosemary J. Wascura 24 City Clerk 25 READ AND APPROVED AS TO FORM: 26 27 Earl G. Gallop 28 City Attorney ,3 Neil Carver Mayor c: \reports \wedding.ord Wedding Chapel Ordinance Page # 2 TO: Mayor and Commission FROM: City Clerk RE: Agenda Item 13 - Wedding Chapel DATE: January 13, 1995 Please be advised that item ##13, an ordinance for first reading to add a definition for a Wedding Chapel in the Land Development Code, has been removed from the agenda by Administration after conferring with the applicant. /rjw