02-07-95. ..
Mayor: Neil Carver
Vice Mayor: R. Paul Young
Commissioner:
Commissioner:
Commissioner:
Ann B. Bass
Thomas Todd Cooper
Tom Cunningham
CITY COMIVIISSION AGENDA
Regular City Commission Meeting
Meeting date: February 7, 1995 6130 Sunset Drive, So. Miami, FL
Next Meeting date: February 21, 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 17, 1995
2) City Manager's Report
3) City Attorney's Report
CONSENT AGENDA
4. A Resolution of the Mayor and Commission of the City of South
Miami, Florida, amending Resolution No. 54 -92 -9260, which
established the Specialty Retail /Residential District
Committee, Section 4. quorum, to provide that a quorum will
consist of four (4) members of the SR Committee; amending
Resolution No. 85 -92 -9291, Section 2. extending the term of
service of the SR Committee and providing for "Alternate"
Committee members to be appointed from the groups and
organizations specified to ensure a quorum for meetings.
(Commissioner Cooper) 3/5
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $7,313.65 representing fees incurred for legal
services by Leibowitz & Associates, P.A., regarding the City's
Cable Television Franchise renewal request and for advice
regarding Federal Cable Television Statutes and charging the
disbursement to Account No. 2100 -3420: "Consultant -Cable TV
Franchise."
(Administration) 3/5
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida approving the expenditure of $2,395.00 by
the City Manager for painting and installation of 6 benches
and 4 bollards at Dorn Avenue by Allstar Builders Corporation
and charging the disbursement of funds of Account No. 09 -1100-
9980 "Dorn Avenue Trust Fund Expenses ".
(Administration) 3/5
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving the expenditure of $7,085.00
by the City Manager for installation of 7 Pole Lights with 2
electrical services at Dorn Avenue by C.U. Associates, Inc.
and providing for disbursement of funds from Account No. 01-
0219.220 "Escrow- Hometown Plan" and 09- 1100 -9980 "Dorn Avenue
Trust Fund Expenses ".
(Administration) 3/5
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, appointing Jim Cowen as a member of the
City of South Miami Pension Board to serve in such capacity
until February 1, 1997, or until a successor is duly appointed
and qualified.
(Mayor Carver) 3/5
Agenda - February 7, 1995 PAGE 2
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving City Attorney fees of $430.38
and Charging Account No. 1500 -3410 City Attorney - Consulting
(City Attorney Gallop) 3/5
ORDINANCES - SECOND READING AND PUBLIC HEARING
10. 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 -1995 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) 3/5
RESOLUTIONS FOR PUBLIC HEARING
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida granting an exemption from the
landscaping requirements pursuant to Section 20 -4.5 (C)
"Exemptions" and granting a Special Parking Permit pursuant to
Section 20- 4.4(H) of the Land Development Code to allow a 50%
reduction of required on -site parking in consideration of
Metrorail Usage for a Single Property located in the I
(Intensive) Zoning District and specifically located at 5770
& 5786 Progress Road.
(PB /Administration) 4/5
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, adopting a Public. Participation Plan for
the evaluation and appraisal report, ratifying the Local
Planning Agency request for initiation of the evaluation and
appraisal report, and authorizing the City Administration to
prepare a direct mailing, contact special interest groups via
newsletter and send final notice concerning the "Oral
Contract" for the 1988 -1995 Planning Cycle.
(Administration) 3/5
RESOLUTIONS
13. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida accepting the City Manager's
recommendation, pursuant to Section 20- 3.3(C)(5) of the Land
Development Code of the City of South Miami, determining that
the proposed use entitled "Wedding Chapel" is not similar in
nature to the "Notary Public" Use.
(Administration) 3/5
Agenda - February 7, 1995 PAGE 3
ORDINANCES - FIRST READING
14. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Ordinance No. 15 -94 -1564,
creating Section 20 -5.10 of the Land Development Code to
provide for Administrative Waiver Approval Procedures, to
authorize waiver of lot size and frontage requirements;
providing for severability; providing for ordinances in
conflict; and providing an effective date.
(Mayor Carver) 4/5
15. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Article IV, Section 20- 4.8(D),
Land Development Code, relating to nonconforming lots of
record, to eliminate provisions requiring the aggregation of
adjoining vacant single - family lots under common ownership;
providing for severability; providing for ordinances in
conflict; and providing an effective date.
(Vice -Mayor Young) 4/5
16. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending Section (A) 1 of Building Permit
Fees in Ordinance No. 14 -90 -1454, by increasing the permit
fees for New Construction; amending Section (F) by adding a
fee for Certificate of Completion; and amending Section (H) by
adding a new Subsection 6. Fee for Revisions to Approved
Drawings; providing for severability; providing for ordinances
in conflict; and providing an effective date.
(Administration) 3/5
17. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending Section 20 -4.3 of the Land
Development Code, providing for increased flexibility and more
options for signage; providing for severability; providing for
ordinances in conflict; and providing for an effective date.
(Administration) 3/5
PUBLIC REMARKS
none
COMMISSION REMARKS
DEFERRED AND /OR TABLED
none
Agenda - February 7, 1995 PAGE 4
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING RESOLUTION NO. 54 -92 -9260, WHICH
ESTABLISHED THE SPECIALTY RETAIL /RESIDENTIAL DISTRICT
COMMITTEE, SECTION 4. QUORUM, TO PROVIDE THAT A QUORUM WILL
CONSIST OF FOUR (4) MEMBERS OF THE SR COMMITTEE; AMENDING
RESOLUTION NO. 85 -92 -9291, SECTION 2. EXTENDING THE TERM OF
SERVICE OF THE SR COMMITTEE AND PROVIDING FOR "ALTERNATE"
COMMITTEE MEMBERS TO BE APPOINTED FROM THE GROUPS AND
ORGANIZATIONS SPECIFIED TO ENSURE A QUORUM FOR MEETINGS.
WHEREAS, by Resolution No. 54 -92 -9260, adopted on April 21st,
1992, the Mayor and City Commission established the South Miami
Specialty Retail /Residential District Review Committee to make
recommendations concerning facades, themes and setbacks for the SR
District; and
WHEREAS, this Committee has continued to meet on a regular
basis, but it is not always possible for every member to attend
each meeting and a reduction in the number for a quorum has been
requested; and
WHEREAS, by Resolution No. 85- 92- 9291, adopted on June 9,
1992, the Mayor and City Commission extended service of the SR
Committee members until June 9, 1993, and the Committee would like
the City Commission to approve additional time for further study
and review; and
WHEREAS, Members of the committee, who represent Red /Sunset
Merchants Association, South Miami Concerned Citizens, South Miami
Homeowners Association Board, Environmental Review & Preservation
Board, Planning Board, Chamber of Commerce Executive Board and the
City of South Miami "at large" wish to have the ability to name an
alternate from their respective group or organization to serve when
they are not available.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 4. of Resolution No. 54 -92 -9260 is
amended to change the quorum requirement from five (5) to four (4)
members.
Section 2. Section 2. of Resolution No. 85 -92 -9291 is hereby
amended to extend the time of service of the SR Committee to
to afford the Committee the time requested for
additional review and study.
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Section 3. Section 2. is further amended to provide for
appointment of alternate members from the groups or organizations
specified in the Resolution 85 -92 -9291 to attend meetings when the
regular member is not available.
PASSED AND ADOPTED this day of
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
NEIL CARVER, MAYOR
, 1995.
RESOLUTION NO. 54-92-9260
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING THE SOUTH
MIAMI SPECIALTY RETAIL /RESIDENTIAL DISTRICT REVIEW
COMMITTEE TO MAKE RECOMMENDATIONS CONCERNING FACADES,
THEMES, AND SET -BACKS FOR THIS DISTRICT.
WHEREAS, the Comprehensive Plan of the City of South Miami
(on page 41) establishes a "Specialty Retail /Residential" Dis-
trict; and
WHEREAS, the Mayor and City Commission wish to establish a
Committem to make recommendations concerning facades, themes, and
set - backs in this District;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1., There is hereby created the Specialty Retail
District Review Committee. Said Committee shall consist of seven
(7) members.
Section 2. The members of said Committee shall be appointed
by the Mayor with the advice and consent of the City Commission
and shall serve until October 21, 1992 or until their successor
is appointed, whichever occurs first.
Section 3. The members shall elect a Chairperson and Vice-
Chairperson by maiority vote of the Committee.
Section 4_ A quorum for meeting of the Committee shall be
five (5) members of the Committee and all recommendations shall
require a maiority vote of those members in attendance.
Section S. The duties of this committee shall be to make
recommendations regarding building facades, set - backs, and archi-
tectural themes, in the Specialty Retail /Residential District,
which recommendations shall be tranomitted to the Commission by
written report, no later than six months from the appointment of
the Committee.
Section 6. Vice Mayor, Thomas Todd Cooper, shall be the
Commission Liaison member of this Committee.
PASSED AND ADOPTED this 21 th day of April, 1992.
ATTE
.__
CI .CLERK
READ AND APPROVED AS TO FORM:
CITY. ATTORNEY ��
µ
APPROVED:
MAYOR -
�J
RE SO LUTION NU . 85 -92 -9291
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION NO. 54 -92 -8260
DATED APRIL 21, 1992, WHICH RESOLUTION ESTABLISHED THE
SOUTH IilA�^ll SPECIALTY RETAIL /RESIDENTIAL DISTRICT REVIEW
COMMITTEE BY A!IENDING SECTION 5 TO ENLARGE THE SCOPE OF
DUTIES OF THE COMMITTEE AND TO EXTEND THE TIME TO A PERIOD
LONGER THAN SIX MONTHS FOR THE CITY COMMISSION TO RECEIVE
14RI TTEN RECONMEN DATION S FROM THE COMMITTEE; AND AMENDING
SECTION 2 PERTAINING TO PROVISIONS FOR APPOINTMENTS.
WHEREAS, by Resolution No. 54 -92 -1260, adopted April 21,
1992, the City Commission established a Specialty
Retail /Residential district Review Committee to review a specific
area of the City desigrnated on page 41 of the City's
Comprehensive Plan; and
tvHEREAS, there is a need for this committee to enlarge its
scope of study beyond facades, themes and setbacks for this
district; and
WHERi:AS, it is the desire of the Commission to give the
greatest input to the goals of the committee by appointing one
representative from each of several r;roups and organizations
which are active within the City of South Miami; and
W
11F REAS, after additional consideration, it has been
determined that the time specified for the appointees to serve
and the time specified for the recommendations to be given to the
.Commission should be extended beyond October. 21, 1992, and that
appointees should be named from groups and organizations which
are active within the City of Soutn iiiami.
NOW, TliER.EFORE, EE IT PESOLVED BY THE �tAYol ANIt THE CITY
CuMNISSION OF THE CITY OF SOUTH INIAMI, FLORIDA:
Section 1. That Section 5. of Resolution No. 54 -92 -1260
be and the same is hereby amended to enlarge the scope of duties
of the Specialty Retail /Residential district Review Committee to
include further study of the Citv's master plan including
t ra t t ic, parking', r)ossihle antenaments to the Land 'level opment
Code ane (skew Centre in addition to facades, themes and
sr-tbacks for this S! , district an(i provi.dina for recommendations
to t)t transmittea to the City Commission by _ JUIY 28, 1992
Section 2. lhat Section 2. of Resolution No. 54- 92-dl2b:i be
anti the sa ^,e is beret),,- amenderi to provide that appointees shall
serve for a )eriod of onL vear tror.! they date of o8ssa�le of this
resolution anc. one, nersorn shall be appointed from ti c' toll owing
s r ou s and or.,aniz�3t ions ahicn 3r't active. within they City:
Red/Sunset Merchants Association Board
South Miami Concerned
South :iia;mi Homeowners Association Board
Environmental Review & Preservation hoard
Plannin- Board
Chamber of Commerce Executive Board
South tliami "at large"
PASSED AND ADUPTLD this 9 day of Jute 1992.
ATTEST:
I T Y C, E
READ AND APPROVED AS TO FORA:
— -A=: W
CITY r�TTORNEY
APPROVED:
M A I R
k
WM
From:
11
Eddie Cox
City Manager
Agenda Item 1-5
Re: Comm. Mtg. 02/07/95
Cable TV - Legal
Consultant
In April 1993 the City engaged Leibowitz & Associates to
represent the City in the franchise renewal of Cable
Satellite and to handle the Cable TV rate regulation. Funds
for this purpose are included in the 1993-94 budget.
I recommend approval.
EC: er
Attachment
axabletv
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA,
6 AUTHORIZING THE CITY MANAGER TO DISBURSE THE
7 SUM OF $7,313.65 REPRESENTING FEES INCURRED
8 FOR LEGAL SERVICES BY LEIBOWITZ & ASSOCIATES,
9 P.A., REGARDING THE CITY'S CABLE TELEVISION
10 FRANCHISE RENEWAL REQUEST AND FOR ADVICE
11 REGARDING FEDERAL CABLE TELEVISION STATUTES
12 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO.
13 2100 - 3420: 11CONSULTANT -CABLE TV FRANCHISE."
14
WHEREAS, by Resolution number 67 -93 -9811 passed April 27,
1993 the City commission authorized the City Administration to
enter into a contract with the law firm of Leibowitz & Associates,
P.A. and as Special counsel regarding Cable Television and the
Franchise Renewal Request; and
WHEREAS, the City has now received invoices for legal
services rendered pursuant to the aforesaid Resolution in the
amount of $7,313.65.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is,
authorized to disburse the sum of $7,313.65 Leibowitz & Associates,
P.A. for legal services rendered regarding the City's Cable
Television Franchise Renewal Request.
Section 2. That the disbursement be charged to account
number 2100 -3420: "Consultant -Cable TV Franchise."
PASSED AND ADOPTED this day of February, 1995.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
5
APPROVED:
MAYOR
LEIBOWITZ & ASSOCIATES, P.A.
MATTHEW L. LEIBOWITZ
- SUITE 1450 -
Cable Satellite; Compare
JOSEPH A. BELISLE SUNBANK INTERNATIONAL CENTER
SUITE 50.0
ILA L. FELD
ONE
SOUTHEAST THIRD AVENUE
1255 23RD STREET, N.W.
OF COUNSEL -
analysis; Forward to
WASHINGTON, D.C. 20037
MIAMI,
AARON P. SHAINIS '
FLORIDA 33131-1715
-
LEE PELTZMAN
2.00
MLL
SANFORD L. BOHRER TELEPHONE
(305) 530-1322
.30
TELECOPIER (305) 530-9417
NOT ADMITTED TO
IF
FLORIDA BAR
with Kenneth Henry
.20
IF
Telephone conference
Page: 1
CITY OF SOUTH MIAMI
U.
S a
01/10/95
6130 SUNSET DRIVE
N
Account No: 7404 -OOM
SOUTH MIAMI FL 33143
Statement
No: 57
CO
Meyers and Matt Leibowitz
ATTN: C. EDWARD COX
r 2
Telephone conference
with Jim Meyers
1.00
MLL
Telephone conference
with James Meyers; Telephone
CABLE TELEVISION
•- '
11/28/94
IF Research files; Forward 393 to Jim Meyers
.50
IF Telephone conference
with Jim Meyers and Kenneth
Henry
1.40
IF Telephone conference
with Kenneth Henry
.30
MLL Telephone conference
re:rate settlement
1.50
11/30/94
IF Telephone conference
with Jim Meyers (counsel
for
Cable Satellite)
.30
IF Research questions and answers from the FCC
.40
12/01/94
IF
Study response from
Cable Satellite; Compare
same to 393; Calculate
and respond for liability
analysis; Forward to
County Cable office Auditor;
Telephone conference
with Kenneth Henry's office
2.00
MLL
Conference with Ila
Feld
.30
12/02/94
IF
Telephone conference
with Kenneth Henry
.20
IF
Telephone conference
with Mario Goderich and Matt
Leibowitz
.30
IF
Additional research
re:refunds; Telephone
conferences with Jim
Meyers and Matt Leibowitz
.90
IF
Telephone conference
with Jim Meyers
1.00
MLL
Telephone conference
with James Meyers; Telephone
s
CITY OF SOUTH MIAMI
CABLE TELEVISION
Page: 2
01/10/95
Account No: 7.404 -OOM
Statement No: 57
12/06/94
MLL
conference with Mario Goderich; Conference with
Neil Carver
.30
Ila Feld
1.20
12/05/94
.60
MLL
MLL
Telephone conference with James Meyers;
.20
IF
Conference with Ila Feld; Conference call
1.50
IF
Telephone conference with Mario Goderich;
.20
IF
Telephone conference with Jim Meyers
.50
IF
Telephone conference with Mario Goderich, Kenneth
.30
IF
Henry and Matt Leibowitz
.30
IF
Review 1200; Calculate potential refund liability
1.50
IF
Telephone conferences with Mario Goderich and Jim
Meyers
.80
IF
Calculate FCC 393 liability; Research
1.30
IF
Draft letter to Jim Meyers
.30
IF
Prepare analysis; Draft letter to Jim Meyers;
Telephone conference with Kenneth Henry
.30
12/06/94
MLL
Telephone conference with
Neil Carver
.30
MLL
Conference with Ila Feld
.60
MLL
Telephone conference with
Eddie Cox
.20
IF
Review county calculations;
Draft letter to Jim
Meyers
.50
IF
Telephone conference with
Jim Meyers
.30
IF
Telephone conference with
Mario Goderich
.20
IF
Revise rate order; Draft
report to city
2.50
12/07/94
MLL Conference with Ila Feld; Draft letter to James
Meyers .60
IF Release rate order to city .20
IF Review and respond to letter from Jim Meyers .40
IF Telephone conference with Jim Meyers;
Recalculate rates; Draft letter 1.50
IF Rate regulation; order filing .30
12/08/94
MLL Conference with Ila Feld;
with Eddie Cox; Telephone
Meyers; Telephone conferei
IF Telephone conference with
IF Telephone conference with
IF Telephone conference with
IF Telephone conference with
Telephone conference
conference with James
ace with Mario Goderich 2.00
Jim Meyers .40
Jim Meyers .20
Jim Meyers .40
Matt Leibowitz;
Telephone conference with Mario Goderich .30
IF Calculate settlement offer; Research rate order .50
CITY OF SOUTH MIAMI
CABLE TELEVISION
12/09/94
Page: 3
01/10/95
Account No: 7404 -OON
Statement No: 57
MLL Telephone conference with Jim Meyers; Conference
with Ila Feld; Telephone conference with Mario
Goderich 1.00
IF Research re:rate order settlement; Telephone
conference with Mario Goderich; Conference with
Matt Leibowitz; Telephone conference with Jim
Meyers 2.20
IF Telephone conference with Mario Goderich .30
IF Additional calculations .40
12/12/94
MLL
Telephone
conference
with
Mario Goderich;
Conference with Ila
Feld
IF
.80
IF
Telephone
conference
with
Mario Goderich and Jim
Goderich; Telephone conference with Matt
Meyers
Leibowitz
.40
IF
1.30
IF
Telephone
conference
with
Mario Goderich
.30
IF
Telephone
conference
with
Mario Goderich;
Telephone Conference with Mario Goderich
.20
Telephone
conference
with
Kenneth Henry;
.50
IF
Review calculations
and equipment rate analysis
.50
IF
Telephone
conferences
with Mario Goderich
.50
12/13/94
MLL
Telephone conference with Mario Goderich;
Conference with Ila Feld; Telephone conference
with Jim Meyers
1.00
IF
Telephone conference with Matt Leibowitz;
Telephone conference with Jim Meyers and Mario
Goderich; Telephone conference with Matt
Leibowitz
.40
IF
Telephone conference with Mario Goderich
1.50
IF
Research re: 1205 /1210 going forward rate and
adjustments on refund liability
.50
IF
Telephone conference with Matt Leibowitz;
Telephone Conference with Mario Goderich
.20
12/14/94
JAB
Conference with Matt Leibowitz and Ila Feld;
Telephone conference with Cable Bureau
.40
IF
Telephone conference with Mario Goderich; Draft
letter
.30
IF
Forward settlement proposal to Jim Meyers
.30
IF
Telephone conference with Jim Meyers
.20.
IF
Telephone conference with FCC resettlement going
forward rate
.20
IF
Telephone conference with Mario Goderich and
release letter to Jim Meyers
.40
CITY OF SOUTH MIAMI
CABLE TELEVISION
12/16/94
MLL
IF
IF
IF
IF
IF
IF
IF
IF
12/19/94
IF
IF
IF
IF
IF
IF
IF
IF
IF
MLL
12/20/94
IF
IF
IF
IF
IF
IF
IF
Page: 4
01/10/95
Account No: 7404 -OOM
Statement No: 57
Telephone conference with Ila Feld;.Telephone
conference with Eddie Cox; Telephone conference
with Jim Meyers; Telephone conference with Mario
Goderich
1.50
Research Public Meeting; Review exemptions on
.20
Florida Statutes
.30
Telephone conference with Jim Meyers
.30
Telephone conference with Jim Meyers
.30
Telephone conference with Mario Goderich
.30
Study revised proposal from Jim Meyers; Draft
conference with
revisions
.50
Telephone conference with Eddie Cox and Matt
conference with
Leibowitz
.20
Telephone conference with Mario Goderich
.50
Read proposal from Jim Meyers; Telephone
Satellite
conference with Eddie Cox
.20
Telephone conference with Mario Goderich re :Cable
Satellite
offer
.20
Telephone
conference with
Jim Meyers
.30
Telephone
conference with
Jim. Meyers
.20
Telephone
conference with
Jim Meyers
.30
Telephone
conference with
Mario Goderich re:draft
rate order
settlement agreement letter from Cable
Satellite
.30
Telephone
conference with
Earl Gallup
.20
Telephone
conference with
Jim Meyers
.30
Draft revision
to rate order
.90
Draft memorandum
to City;
Telephone conference
with Jim Meyers;
Telephone
conference with Mario
Goderich
1.40
Conference
with Ila Feld
.30
Finalize agreement preparation of matters for
commission meeting .70
Review and issue letter to city .30
Review pleading files .30
Telephone conference with Mario Goderich
Telephone conference with Edward Cox .30
Telephone conference with Neil Carver .20
Telephone conference with Jim Meyers re:final
letter from Cable Satellite re:withdrawal
petitions; Review final agreement 1.40
Finalize letter, rate order and agreement to city .40
CITY OF
SOUTH MIAMI
16.80
Page: 5
0.40
190.00
43.60
01/10/95
Account No:
7404 -OOM
CABLE TELEVISION
IF
Conference with Matt
Leibowitz; Conference with
Mario Goderich
.40
IF
Telephone conference
with Jim Meyers; Draft
letter re:sending petitions to Jim Meyers;
Telephone conference
with Jim Meyers
.90
IF
Telephone conference
with Jim Meyers; Read
additional order and
letter repetitions;
Telephone conference
with Jim Meyers re:ordinance
review
.80
IF
Telephone conference
with Jim Meyers re:amendment
to ordinance
.60
12/21/94
IF Close rate regulation files
MLL Attend meeting
MLL Conference with Ila Feld
MLL Conference with Ila Feld
For Current Services Rendered
Attorney
Matthew L Leibowitz
Joseph A. Belisle
Ila L. Feld
Recapitulation
Hours
Hourly Rate
16.80
$250.00
0.40
190.00
43.60
125.00
Long Distance Calls
Postage
Delivery /Express
Telecopying
Photocopying
Total Expenses Thru 12/25/94
Total Current Work
Less 30% Deferral of Fees
Previous Balance
Payment
.40
2.00
1.50
.50
60.80 9726.00
Total
$4,200.00
76.00
5,450.00
12.41
0.29
78.2.5
190.00
224.50
505.45
10,231.45
- 2;917.80
6,843.56 ✓
- 3,075.77
CITY OF SOUTH MIAMI
CABLE TELEVISION
Balance Due
Page: 6
01/10/95
Account No: 7404 -OOM
Statement No: 57
$11,081.44
CITY OF SOUTH MIAMI
INTER- OFFICE MEPgORANDUDI
'ro: Mayor and City Commission
Urom: Eddie Cox
City Manager
!01
Date: February 2,1995
Agenda Item #(p
Re: Comm. Mtg. 2/7/95
Allstar Builders Invoice
In an effort to complete the Dorn Avenue Project in time for the
holidays and avoid disruption of Christmas holiday shopping in the
business district, the City Manager contracted with Allstar
Builders to paint and install new benches on emergency basis. The
funds for the installation were donated through the Dorn Avenue
Project Trust Fund.
I Recommend Approval
a /m /allstar.inv
0
I RESOLUTION NO..
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
3 OF THE CITY OF SOUTH MIAMI, APPROVING THE
4 EXPENDITURE OF $2,395.00 BY THE CITY MANAGER
5 FOR PAINTING AND INSTALLATION OF 6 BENCHES AND
6 4 BOLLARDS AT DORN AVENUE BY ALLSTAR BUILDERS
7 CORP. AND CHARGING THE DISBURSEMENT OF FUND TO
8 ACCOUNT NO. 09- 1100 -9980 "DORN AVENUE TRUST
9 FUND EXPENSES"
10
11 WHEREAS, the City received donations from outside sources
12 for acquisition and installation of benches at the Dorn Avenue.
13 WHEREAS, the benches were delivered to the City in
14 November 1994.
15 WHEREAS, in order to complete the Dorn Avenue Project for
16 the holiday season and avoid disruption of holiday shopping in the
17 downtown business district, the City Manager contracted with
18 Allstar Builders Corp. the only company available to quickly
19 perform the requested services.
20
21
22
23
24
25
26
27
28
29
30
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a retroactive authorization is hereby
given the City Manager to disburse the sum of $2,395.00 to Allstar
Builders Corp.
Section 2. That the disbursement of the said amount be
charged to account No. 09 -1100 -9980 "Dorn Avenue Trust Fund
Expenses ".
PASSED AND ADOPTED this
31
32
33 ATTEST:
34
35
36
37
38
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of February, 1995.
APPROVED:
MAYOR
Illabc
- 'AILSTAR BUII£,ERS CORPORsTION
4901 S.W. 75 Avenue - Miami, FL 33155 - (305) 665 -3825 - Fax (305) 665-0725
SCOPE:
cc:
D
INVOICE
DATE: JANUARY 4, 1aQ5
,SG R.G.Q. # PORN - PY4
. n.� rrr,.,•
WA. >I
e nnoccc
NA.
NA
PROJECT NAME
.DORN AVL SE:NC405
ABC PROJECT NO.
CM -2305
AMOUNT
02,8015
TIME EXTENSION
NA
mac.
D
PLEASE PROCESS A CHANGE ORDER TO OUR CONTRACT FOR THE BELOW REFERENCED WORK
INVOICE TO BUILD, SAND, PAINT AND INSTALL SIX (6) BENCHES AND
FOUR (4) BOLLARDS.
ASSEMBLY l IN5TALL.ATION, 5E ATTACHED FAX DATED 12/R/R4 $1, -T15
EXTRA TO SAND AND PAINT, SEE ATTACHED FAX DATED 12/15/45 $480
TOTAL AMOUNT NOW DUE $2,5gS
SUBMITTED BY:
sign
here [ I
for 41kSTAR BUILDERS CORPORATION
ROE3ERT0 1°AaRON, A,.I.A.
NAME:
Office: ABC, R.G.O. x PORN - PW
Field : ABC R.C.O. x PORN - PM1
CITY OF SOUTH THIAMI
INTER - OFFICE MEMOR1a. MUM
To: Mayor and City Commission
From: Eddie Cox
City Manager
F
Date: February 2, 1995
Agenda Item# I
Re: Comm. Mtg. 2/7/95
C.U. Associates Invoice
In an attempt to avoid disruption of holiday shopping in the
business district during the 1994 holiday season, the City Manager
contracted C.U. Associates to install the new light purchased for
Dorn Avenue on emergency basis The funds for the installation were
donated by Chambers of Commerce, Red /Sunset Merchants Association
and the Dorn Avenue Project Trust Fund.
I Recommend Approval
a \m \asso.inv
4
I RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
3 OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING
4 THE EXPENDITURE OF $7,085.00 BY THE CITY
5 MANAGER FOR INSTALLATION OF 7 POLE LIGHTS WITH
6 2 ELECTRICAL SERVICES AT DORN AVENUE BY C.U.
7 ASSOCIATES, INC. AND PROVIDING FOR
8 DISBURSEMENT OF FUNDS FROM ACCOUNT NUMBER 01-
9 0219.220 "ESCROW - HOMETOWN PLAN" AND 09 -1100-
10 9980 "DORN AVENUE TRUST FUND EXPENSES"
11
12 WHEREAS, on August 2,1994, the City Commission approved
13 Resolution No. 90 -94 -9491 for the acquisition of street lighting
14 fixtures for the Hometown Plan (Dorn Avenue) excluding the
15 installation cost.
16 WHEREAS, in order to complete the project for the holiday
17 season and avoid disruption of holiday shopping in the downtown
18 business district, the City Manager contracted with C.U.
19 Associates, Inc., the only company available to quickly perform the
20 installation.
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 retroactive authorization is hereby
24 given the City Manager to disburse the sum of 7,085.00 to C.U.
25 Associates, Inc.
26 Section 2. That the disbursement of the said amount be
27 charged as follows; $5,000 to account number 01- 0219.220 "Escrow -
28 Hometown Plan" and $2,085.00 to account number 09 -1100 -9980 "Dorn
29 Avenue Trust Fund Expenses"
30 PASSED AND ADOPTED this day of February, 1995.
31
32 APPROVED:
33
34 MAYOR
35 ATTEST:
36
37 City Clerk
38 READ AND APPROVED AS TO FORM:
39
40 CITY ATTORNEY
PHONE. (3051551-4700
C. U. Associates, Inc.
ELECTRICAL CONTRACTORS
P.O. BOX 523534
MIAMI, FLORIDA 33152
A December 30, 1994
® City of South Miami
R 6130 Sunset Drive
E South Miami, Fla. 33143
5 ATT: EDDIE COX
5
No: 16770
J
DORN AVENUE TRUST FUND
B
TERMS NET
INVOICE ::
DE>•cmrnON
MID TO DATE
AMOUNT
16770
Install 7 pole lights with two electrical
services.
$ 7,085.00
Address: 7200 S.W. 59 Ave.
Cj
C" o
r CC W
cc
•mow .w
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPOINTING JIM COWEN AS A MEMBER OF THE
CITY OF SOUTH MIAMI PENSION BOARD TO SERVE IN SUCH CAPACITY
UNTIL FEBRUARY 1, 1997, OR UNTIL A SUCCESSOR IS DULY APPOINTED
AND QUALIFIED.
WHEREAS, the Pension Board of the City of South Miami
currently has a vacancy and Section 16 -20 of the City Code of
Ordinances provides that one (1) active employee of the City be
appointed to the Pension Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Jim Cowen, City of South Miami Parks & Recreation
Department Director is hereby appointed as the employee
representative to the City of South Miami Pension Board to serve in
such capacity until February 1, 1997, or until a successor is duly
appointed and qualified.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of
APPROVED:
NEIL CARVER, MAYOR
, 1995.
James M. Cowen
11766 Southwest 135th Place
Miami, Florida 33186
Home (305) 386 -3225
Work (305) 667 -5691
Professional Objective: To serve as a full -time administrator
of recreational programs in the public or private
sector.
Experience. I have served in the following capacities for the
City of South Miami
South Miami, Florida 33143
1984 to Recreation Director -
Present Responsibilities include directing a city -wide parks
maintenance program. My personal accomplishments
include implementing the complete renovation of city
sports facilities, including clay tennis courts,
football fields, baseball diamonds, and the ancillary
structures associated with them.
In addition, as Recreation Director I have planned and
directed the community recreational programs which
include activities for all age and interest groups.
This involves coordinating more than thirty teams of
various sports, and supervising the coaching and
administrative staff. Also in this vein, I have been
responsible for overseeing the city -wide drug
education program.
The Recreation Director develops, advocates, and
administers the budget of the recreation department.
The Director is responsible for the preparation of
g
budget.
1980 to Recreation Leader
1981 The Recreation Leader is directly responsible for
conducting group activities. The Recreation Leader
prepares schedules of daily activities, distributes
equipment, maintains records of materials used. In
addition, the Recreation Leader assists in the
organization of recreational events and presentations,
and serves as the first teir supervisor at these
events.
Education: I have completed three years of college courses at
Ohio State University, Rio Grande College, and Florida
International University. I expect to receive the
Batchelors Degree in Business Administration by the
end of 1990.
Professional Florida Recreation and Parks Association
Affiliations: National Youth Sports Coaches Association
South Florida College Baseball Umpires Association
Dade Youth Soccer Association
Greater Miami Pop Warner Football Association, (Member
of the Board)
National Association of Sports Officials
Personal: Height- 5' 11"
Weight- 165 lbs.
Birthdate- March 25, 1949
Health Excellent
Interests- Golf, softball,
baseball umpiring, swimming
budget.
1980 to Recreation Leader
1981 The Recreation Leader is directly responsible for
conducting group activities. The Recreation Leader
prepares schedules of daily activities, distributes
equipment, maintains records of materials used. In
addition, the Recreation Leader assists in the
organization of recreational events and presentations,
and serves as the first teir supervisor at these
events.
Education: I have completed three years of college courses at
Ohio State University, Rio Grande College, and Florida
International University. I expect to receive the
Batchelors Degree in Business Administration by the
end of 1990,
Professional Florida Recreation and Parks Association
Affiliations: National Youth Sports Coaches Association
South Florida College Baseball Umpires Association
Dade Youth Soccer Association
Greater Miami Pop Warner Football Association, (Member
of the Board)
National Association of Sports Officials
Personal: Height- 5' 11"
Weight- 165 lbs.
Birthdate- March 25, 1949
Health Excellent
Interests- Golf, softball,
baseball umpiring, swimming
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, APPROVING CITY ATTORNEY FEES OF
4 $430.38 AND CHARGING ACCOUNT NO. 1500 -3410 CITY ATTORNEY
-
5 CONSULTING
6
7 WHEREAS, the South Miami City Commission approved Resolution
8 No. 99 -94 -9500 authorizing the payment of City Attorney non -
9 retainer legal fees and costs;
10
11 WHEREAS, the City Attorney submitted the invoices for fees and
12 costs which are attached to this resolution; and
13 WHEREAS, the City of South Miami approves the invoices.
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
43
34
Section 1. The City Attorney's invoices for legal fees and
costs, which are annexed and made a part of this resolution as
composite App.1., are approved for payment.
Section 2. The amount of $430.38 will be charged to account
no. 1500 -3410; City Attorney - Consulting.
Section 3. This resolution will be effective upon passage.
PASSED AND ADOPTED this day of February, 1995.
ATTEST:
City Clerk
READ AND APPROVED AS Tp FORM:
CITY ATTORNEY
a \aSyfce.ms
APPROVED:
MAYOR
�rM ; siH1LtY hQNi
bb 591;ii 'L
City of
South Miami
6130 Su
set Dr.
c/o Wil
iam P'. Eampton
South M
ami, ?L 33143
0 T A T E
M R N T
Matter; j944703
`
South M
ami, city of adv.
Rod and
Carol. Mandeistam
Date
Bill # Transaction
Billed Received
Balance
-- - -wrwss
D9/09/94
— semi- ---- -- e- wwww-----wwwwwww
19332 Billed
awww w—ww— wwwn.a— o— erswr-
739.34
ewowwwwiw.
---
739.34
10/06/94
19332 Payment received
739.34
0.00
10/12/94
19720 Billed
146.31
146.31
10/31/94
I 19720 Payment received
146.31
0.00
11/14/94
19833 Billed
140.60
140.60
12115194
20061 Billed
52.50
193.10
12/22/94
19833 Payment received
140.60
-52.50
11/13/95
20256 Billed
362.88
415.38
11/26/95
20061 Payment received
52.50
362.88
31/26/95
20256 Payment received
140.60
222.28
Recapitulation
wr�wr +ww wwww�rw
Total Billed
1441-63
Total Received
-
1219.35
Outstanding Balance
$.
222.28
ro be pro
erly credited, please indicate
Bill Dumber on your
remittance
check.
, —•� i— p a.� rtvi
4 b A 1 L t Y ri 111
b ti 5 1; 3
m
1
1
City of
South Miami
6130 Su
oat Dr. _
C/o wil
iam F. Hampton
South Xi
aaail FL 33143
S T A T B
M B N T
Mattter t
944706
South m
amir City of
Bakery
enter Redevelopment
Date
Hill Transact ion
Billed Received
Balance
------
�A--------------- asr -------
-------- ii ---------- •....-
08/08/94
19087 Billed
87.50
87.50
09/09/94
` 19334 Billed
1916.35
2003..75
10/05/94
19087 Payment received
87.50
1916.25.
10/06/94
I 19334 payment received
1916,25
0.00
10/12/94
19732 Billed
2075.49
2,075.49
10/31/94
19722 Payment received
2075.49-
0,00
11/14 /94
19836 Bilked
6467.62
,6067.62
12114/94
V 20003 Billed
17477,11
23544.73
12/22/94
`. 19836 Payment received
6067.62
17477.11
12129%94
90003 Payment received
11477.11
0.00
01/13/95
20257 Billed
208.10
208.10
Recapitulation
Total Billed
2.7232.07
Total Received -
27623.97
Outstanding Balance nce $
208.10
,a be proplerly
credited, please indicate
Bill Number- on your remittaance ,check.
•
i
_ I
i
C =TY OF SOUTH M =AP�I2
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: January 12, 1995
Agenda Item x-10
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
a\p moad
M
1 ORDINANCE NO.
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 action 1. That a new Department named Office of Development
24 is hereby created.
25 ,gection 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
33
34
35
36 ATTEST:
37
38 Rosemary Wascura, City Clerk
39 READ AND APPROVED AS TO FORM:
40
41 Earl G. Gallop, City Attorney
,®
day of January, 1995.
APPROVED:
Neil Carver, Mayor
01/03/95 11:16
a 6664591 CITY SOUTH MIAMI
CITY OF SOUTH MIAMI BUDGET
P.01
FUND
GENERAL
01
DEPARTMENT
OFFICE OF DEVELOPMENT
18
ACTIVITY
GRANTS PROCESS
10
MANAGER
ACCT
ACCOUNT CLASSIFICATION
ACTUAL
ACTUAL
ADOPTED
RECOMMENDS
NO
1991 -92
1992 -93
1993 -94
1994 -95
SALARIES & FRINGE BENEFITS
1110
SALARIES & WAGES - EXECUTIVE
00
80
80
$46,607
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
5v748
2310
GROUP HEALTH INSURANCE
0
0
0
--
5,386
- - - --
TOTAL EXPENDITURES
--- - - - - --
$0
--- - - - - --
s0
--- - - - -
90
--- -
886,267
someone==
sse--eoae
ese_e__o=
=o===ases
BUDGETED POSITIONS
0
0
0
3
mRmasRSns
aERtCtOOC.
-- =tee =IIGC
==mZ = ==z=
•• PLEASE
NOTE THAT THE ABOVE- BUDGET IS BEING
FUNDED
THROUGH REDUCTION OF
VARIOUS
GENERAL
FUND APPROPRIATION ACCOUNTS BY
$69,345; CAREER COUNSELING GRANT $6,922,
AND DADE COUNTY COMMUNITY DEVELOPMENT
GRANT OF $10,000.
u
-i CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission Date: February 1, 1995
02107/95 City Commission Agenda
From: Eddie Cox Re: Item #/1 : Resolution for Landscaping
City Manager Exemption and Special Parking Permit
REQUEST:
Applicant: Robert N. Strickland, Sharon Strickland, Edward Pawley III and Clara Pawley
Request #1: Exemption from the Landscaping Requirements of Section 20 -4.5, pursuant to
Section 20- 4.5(C) Exemptions for property located in the I (Intensive) District.
Request #2: Special Parking Permit to reduce the number of off - street parking spaces by
50 %, pursuant to Section 20- 4.4(H) for property located within 1,500 feet of
the MetroRail transit station, and located in the I (Intensive) Zoning District.
Location: 5770 & 5786 Progress Road; South Miami, Florida 33143
(A commercial property)
BACKGROUND & ANALYSIS:
The 23,000 sq. ft. subject property is comprised of contiguous lots located at 5770 & 5786
Progress Road, in the "I" (Intensive Use) zoning district. The property contains three separate
buildings currently used commercially for automotive repair. The total building area is
11,046 sq. ft., for which 38 parking spaces are required by our Code. (The Land
Development Code requires 1 parking space per 300 sq. ft. for automotive repair businesses).
The subject property presently has 13 spaces on site and leases 9 spaces off -site. The
provision of 22 spaces where 38 are required was allowed by Resolution No. 120 -91 -9180
(Attachment 2 of the attached January 7, 1995 memo to the BZCD Director). That
Resolution granted a 42.1 percent parking reduction (16 spaces) for the dual - address,
combined property, and required recordation of a unity of title agreement.
The applicant is requesting the maximum 50 percent parking reduction for proximity to the
Metrorail station (the subject property is within 500 feet of Metrorail, where up to 1,500 feet
is allowable). The applicant stated to the Plarwing Board that his experience has been that
the customers make considerable use of the Metrorail and that the 50 percent reduction is thus
/� 1
justified. Two site visits by staff during business hours found that parking was amply
available. If the request is granted, the applicant will provide an additional 6 spaces on site,
resulting in a total of 19 for the subject property. Accommodation of the 6 additional spaces
necessitates the requested exemption from the landscaping provisions of the LDC under
Section 20- 4.5(C) (Attachment 3 of the January 7, 1995 staff memo).
The Planning Board voted 7:0 in favor of the application. The initial site plan was previously
reviewed by the ERPB as required for landscaping exemptions in vehicular use areas. The
5:0 ERPB approval (Attachment 4 of 2/7/95 staff memo) included several conditions, all of
which were incorporated into the revised site plan approved by the Planning Board. The
inadequacies in dimensional requirements at the 5770 portion of the property are permissible
under Section 20- 4.5(C), and are described in the accompanying staff memo of January 7th.
The revised site plan reviewed by the Planning Board is attached to the January 7th staff
memo, and will be reviewed by the ERPB prior to permit issuance if the application is
approved by the City Commission.
RECOMMENDATION:
Approval.
11
2
1
RESOLUTION NO,
2
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
3
THE CITY OF SOUTH MIAMI, FLORIDA GRANTING AN
4
EXEMPTION FROM THE LANDSCAPING REQUIREMENTS
5
PURSUANT TO SECTION 20 -4.5 (C) "EXEMPTIONS" AND
6
GRANTING A SPECIAL PARKING PERMIT PURSUANT TO
7
SECTION 20 -4.4 (H) OF THE LAND DEVELOPMENT CODE TO
8
ALLOW A 50 % REDUCTION OF REQUIRED ON -SITE PARKING
9
IN CONSIDERATION OF METRORAIL USAGE FOR A SINGLE
10
PROPERTY LOCATED IN THE I (INTENSIVE)ZONING DISTRICT
11
AND SPECIFICALLY LOCATED AT 5770 & 5786 PROGRESS ROAD.
12 WHEREAS, Robert N. Strickland, Sharon Strickland, Edward Pawley III and
13 Clara Pawley, property owners of 5770 & 5786 Progress Road, have made an application
14 for an exemption from the landscaping requirements of Section 20 -4.5 in order to
15 provide six additional parking spaces on the subject property; and,
16 WHEREAS, Robert N. Strickland, Sharon Strickland, Edward Pawley III and
17 Clara Pawley, property owners of 5770 & 5786 Progress Road, have made an application
18 for a 50% reduction of required on -site parking in consideration of Metrorail usage so
19 that all required parking spaces may be provided on the subject property for the existing
20 automotive use at the subject property; and,
21 WHEREAS, the property located at 5770 Progress Road, South Miami, Florida,
22 33143, is legally described as follows:
23 Lots 56 through 59 inclusive, Block 9 of REALTY SECURITIES CORPORATION'S
24 TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 2 at
25 Page 105 of the Public Records of Dade County, Florida; and,
26 WHEREAS, the property located at 5786 Progress Road, South Miami, Florida,
27 33143, is legally described as follows:
28 Lots 52 through 55 inclusive, Block 9 of REALTY SECURITIES CORPORATION'S
29 TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 2 at
30 Page 105 of the Public Records of Dade County, Florida; and,
31 WHEREAS, the applicant has recorded a unity of title, so that the properties may
32 be considered as a single property, via said recorded unity of title; and,
33 WHEREAS, the Building, Zoning & Community Development Department staff
34 recommended approval of both applications with recommendations upon evaluating the
35 application for (a) consistency with the Comprehensive Plan and (b) compliance with the
36 requirements of § 20 -4.5 (C) and § 20 -4.4 (H) of the Land Development' Code; and,
1 WHEREAS, on January 10, 1995, the Planning Board voted to recommend
2 approval (7 -0) of the applications including the recommendations presented by staff.
3 WHEREAS, the Mayor and City Commission of the City of South Miami, Florida
4 accept the recommendation of the Planning Board.
5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
6 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
7 SECTION 1. That the application submitted by Robert N. Strickland, Sharon Strickland,
8 Edward Fawley III and Clara Pawley, property owners of 5770 & 5786 Progress Road,
9 for an exemption from the landscaping requirements of Section 20 -4.5 in order to
10 provide six additional parking spaces on the subject property, be, and hereby is, granted.
11 SECTION 2. That the application submitted by Robert N. Strickland, Sharon Strickland,
12 Edward Pawley III and Clara Pawley, property owners of 5770 & 5786 Progress Road,
13 for a 50% reduction of on -site parking in consideration of Metrorail usage so that all
14 required parking spaces may be provided on the subject property for the existing
15 automotive use at the subject property, be, and hereby is, granted.
16
17
18
19
W
21
22
23
24
25
26
SECTION 3. That the recommendations presented by staff be incorporated by the
applicant into the final drawings to be submitted for permits.
SECTION 4. That the recorded unity of title for the subject property be placed on file
in the records of the Building, Zoning & Community Development Department.
PASSED AND ADOPTED THIS 71h DAY OF FEBRUARY, 1995.
ATTEST:
Rosemary J. Wascura, City Clerk
READ AND APPROVED AS TO FORM:
27
28 Earl G. Gallop, City Attorney
Neil Carver, Mayor
cAplanningVeporL027
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To. Dean Mimms, AICP Date: January 7, 1995
Director of BZCD
From: Bill Mackey Re: Item #1: PB -94 -027
Planner Special Use Parking Lot
REQUEST:
Applicant: Robert N. Strickland, Sharon Strickland,
Edward Pawley III and Clara Pawley
Request #1: Exemption from the Landscaping Requirements of Section
20 -4.5, pursuant to Section 20- 4.5(C) "Exemptions" for
property located in the I (Intensive) District.
Request #2: Special Parking Permit to reduce the number of off - street
parking spaces by..fifty (50) percent, pursuant to Section
20- 4.4(H) for property located within 1,500 feet of the
MetroRail transit station, and located in the I (Intensive)
Zoning District.
Location: 5770 & 5786 Progress Road; South Miami,.Florida 33143
(A commercial property)
BACKGROUND & ANALYSIS:
On February 5, 1991 the applicant was denied a request for a variance to
permit nine parking spaces at 5786 Progress Road where 23 parking spaces
are required in order to permit automotive uses at the site (Attachment 1).
On November 5, 1991, the applicant was granted a reduction of required
parking for the combined properties of 5770 & 5786 Progress Road in
consideration of MetroRail usage. This reduction comprised 42.1 percent of
the required parking 'spaces or 16 spaces (Attachment 2); this still
resulted in a shortfall of.nine parking spaces which the applicant
currently leases on a yearly basis from the owner of 6600 Red Road.
The applicant desires to provide all required parking on the property so
that the automotive use may continue and the property may be easily sold.
Therefore, the applicant is again applying via Request #2 for a MetroRail
reduction and requests that the full 50 percent reduction be granted.
The applicant is also proposing a parking plan that provides an additional
six parking spaces at 5770 Progress Road, so that the remaining 50 percent
of required parking is provided on the property. The applicant is applying
via Request #1 for an exemption from the landscaping provisions of the LDC
under Section 20- 4.5(C) (Attachment 3) to permit the six additional spaces.
RECOMMENDATION:
Staff has reviewed the request and proposes some changes as illustrated in
the staff- prepared drawing. Staff notes that the following inadequacies in
dimensional standards result at the 5770 Progress Road property:
Driveway is 21.5 feet wide where 22 feet is required.
Landscaping buffer is only 3 feet at front where 5 feet is required.
No rear- landscaping buffer is provided.
No interior landscaping buffer is provided along building faces.
Configuration of vehicular maneuvering area between the structures
located at the 5770 property is constricted and requires that vehicles
make a three -point turn- around to utilize the six new parking spaces..
Staff believes these are permissible under Section 20- 4.5(C) Exemptions.
Staff has submitted the applicant's drawing to ERPS. The recommendations
of the Board (Attachment 4) are included in the staff - prepared drawing.
Please, note that neither the applicant nor the staff has proposed new
parking spaces at the 5786 Progress Road property. Staff has recommended
that the applicant make use of the Handicapped Parking space located at
5786 Progress Road to fulfill the Handicapped Parking requirement. The
space needs to be properly marked with access striping and signage.
This proposal, if approved by the City Commission, will be presented in
final and amended form to the ERPB for their approval prior to permitting.
Staff has visited the site twice during business hours. Parking was amply
available at both times. Staff would like to see a solution for the
applicant's request to provide for all parking on the site (in conjunction
with the requested 50 percent MetroRail reduction of required parking).
The applicant will present his argument for the 50 percent reduction in
required parking spaces as related to MetroRail usage at Public Hearing.
Staff recommends that the Planning Board vote to recommend approval of this
application including the recommendations in the staff- prepared drawing.
COMPREHENSIVE PLAN.
The proposal is consistent with the Goals, Objectives and Policies of the
adopted Comprehensive Plan.
APPLICABLE REGULATIONS:
Section 20- 4.5(C) and Section 20- 4.4(H) of the Land Development Code.
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ATTAC$.WNT 1
RESOLUTION NO. 5 -91 -9081
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING REQUESTS FOR A
REQUEST VARIANCE FROM SEC. 20 -4.4 (B) (11) OF THE LAND
DEVELOPMENT CODE TO ALLOW NINE PARKING SPACES WHERE
TWENTY - THREE ARE REQUIRED PURSUANT TO SEC. 20 -3.3 (D)
FOR USE AS AN AUTOMOBILE REPAIR AND BODY SHOP;
REQUESTED BY ROBERT STRICKLAND, SHARON STRICKLAND,
EDWARD PAWLEY III, AND CLARA PAWLEY FROM THE PLANNING
BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE
PROPERTY KNOWN AS 5786 PROGRESS ROAD, SOUTH MIAMI,
FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Robert Strickland, Sharon Strickland, Edward
Pawley III, and Clara Pavley requested the Planning Board of the
City of South Miami for a variance from Sec. 20 -4.4 (B) (11) of
the Land Development Code to allow nine parking spaces, where 23
are required for use as an automobile repair and body shop
pursuant to Sec. 20 -3.3 (D) for the property known as 5786
Progress Road, South Miami, Florida, which property is legally
described as• follovss
Lot 52, Lot 53, Lot 54, and Lot 55 , Block
Nine, TOWNSITE OF LARKINS, according to the
Plat thereof, as recorded in Plat Book 2 at
Page 105, of the Public Records of Dade
County, Florida;
WHEREAS, on January 29, 1991, the Planning Board voted to
deny the variance request by a 5 - 0 vote; and
WHEREAS, the City Commission Staff Report recommended the
Board deny the request;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of Robert Strickland, Sharon
Strickland, Edward Pavley III, and Clara Pawley for a variance
from Sec. 20 -4.4 (B) (11) of the Land Development Code to allow
nine parking spaces where 23 are required for use as an
automobile repair and body shop pursuant to Sec. 20 -3.3 (D) for
the property known as $786 Progress Road, South Miami, Florida,
be, and the same is, hereby denied.
PASSED AND ADOPTED this 5 th day of February, 1991.
ATTEST:
�—� 12
CI ERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
ATTAC:UMENT 2
rl
RZOOLUTION NO.
120 -91 -9180
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS
PURSUANT TO SEC. 20 -4.4 (H) OF THE LAND DEVELOPMENT
CODE TO REDUCE OFF- STREET PARKING UP TO FIFTY (501
PERCENT FOR AN EXISTING STRUCTURE LOCATED WITHIN 500
FEET OF THE SOUTH MIAMI METRORAIL STATION BY ALBERTO
ARAUJO, ALRIDA ARAUJO, ALBERTO ARAUJO JR., ROBERT N.
STRICKLAND, SHARON STRICKLAND, EDWARD PAWLEY III, AND
CLARA PAWLEY FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5770 and
5786 PROCRES9 ROAD, SOUTH MIAMI, FLORIDA 33143 AND
LEGALLY D29CRIDRD HEREINBELOW
WHEREAS, Alberto Arauio, Aleida Araujo, Alberto ArauJo Jr.,
Robert N. Strickland, Sharon Strickland, Edward Pawley 111, and
Clara Pawley requested the Planning Board of the City of South
Miami sec. 20 -4.4 (H) of the Land Development Code to reduce off-
street parking up to fifty (50) percent for an existing structure
located within 500 feet of the South Miami Metrorail Station,
said request for the property known as 5770 and 5786 Progress
Road, South Miami, Florida 33143, which property is legally
described as fellova:
Lots 56 through 59 inclusive, Block 9 of
REALTY SECURITIES CORPORATION'S TOWNSITE OF
LARKINS, according to the plat thereof, as
recorded in Plat Book 2 at Page 105 of the
Public Records of Dade County, Florida; and
WHEREAS, on June 11, 1991, the Planning Board voted to
approve the request for the property at 5786 Progress Road by
a 6 - 0 vote,
WHEREAS, on September 11, 1991, the Planning Board voted to
approve the request for the property at 5770 Progress Road by
a 5 - 0 vote, conditioned upon no further increase in the square
footage of the buildings thereupon and that additional parking be
leased;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
I® Section 1. That the request of Alberto Araujo, Aleida
Araulo, Alberto ArauJo Jr., Robert N. Strickland, Sharon
Strickland, Edward Pawley III, and Clara Pawley pursuant. to Sec.
20 -4.4 (H) of the Land Development Code to reduce off - street
parking up to fifty (50) percent for an existing structures
located within 500 feet of the South Miami Metzorail Station,
said request for the property known as 5770 and 5186 Progress
Road, South Miami, Florida 33143, be, and the same hereby is,
approved for a reduction of 42.1% i.e. a reduction of 16 parking
spaces, so that 22 parking spaces are required.
Section 2. A unity of title agreement in form acceptable to
the City of South Miami must be recorded as a prerequisite to
the aforesaid reduction of off - street parking.
PASSED AND ADOPTED this 5th th day of November, 1991.
ATTES
f i "r .. to
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
If
APPROVED:
� f7
H OR �-
2
A.TTAC
gAltNT 3
SECTION 20 -4.5 LANDSCAPING
required perimeter buffer or divider median may be 'four
(4) 'feet in width.
( ) Irrigation
A permanent water supply system shall be available to serve
all required landscaped areas. Said system shall be provided
by the installation of an automated sprinkler system.
MWIP (C) Exemptions
Where the requirements of this Section relate solely to the
improvement or expansion of existing vehicular use areas or the
changing or expansion of existing uses or structures and where
certain requirements are considered by the Environmental Review and
Preservation Board to be either impossible or impractical to comply
with without removing significant portions of an existing use or
structure or substantially reducing the number of required parking
spaces, then exemptions from such requirements may be granted by
the City Commission.
(D) Compliance Required
(1) Upon completion of the required improvements herein, the
vehicular use area shall be inspected for compliance with the
approved landscape plan and other requirements of this Code by
the Building Official. A certificate of occupancy shall be
issued only after final satisfactory inspection.
(2) When occupancy of a related building is desired prior to
completed landscaping of the vehicular use area, a temporary
certificate of occupancy may be issued which will ensure
compliance with the requirements stipulated herein.
(3) The owners or their agents shall be responsible for the
maintenance of all required landscaping and curbing devices
which shall be maintained in good condition and kept free from
refuse and debris so as to present a healthy, neat and orderly
appearance.
(4) If at any time after the issuance on a Certificate of
Occupancy, any required landscaped area is found to be in
nonconformance with this Code, notice shall be issued to the
owners or their agents that corrective action is required and
describing what action is necessary to comply.
(5) The owners or their agents shall have thirty (30) calendar
days to fulfill the landscaping requirements and failure to
comply within the ailotted time shall be considered a
violation of this Code.
"� LDC: UPDATED JUNE 1993 1 2 3 CITY OF SOUTH MIAMI
AACgAli�N?'
4
CITY OF SOUTH MIAMI
® Building & Zoning Department
6130 Sunset Drive, 2 "d Floor
South Miami, Florida 33143
Fax #: (305) 666 -459:
Phone: (305) 663 -6321
December 22, 1994
Robert Strickland, Sharon Strickland, Edward Pawley III & Clara
Pawiey
5770 & 5786 Progress Road
South Miami, FL 33143
Dear Applicant:
This letter is to inform you that your request for the approval of
LANDSCAPING EXEMPTIONLCommercial
Pursuant to Section 20 -4.5 (C) °Exemptions^, the applicant is
requesting that the requirement for perimeter landscaping be
exempted for the reconfiguration of parking within an existing
facility. Staff recommendation: approval with suggestions for
landscaping infill for existing areas.
was presented to the Environmental Review and Preservation Board
(ERPB) at their meeting on Thursday, December 20, 1994, and was
Approved 5 -0
based on the following conditions(s):
1) That the landscaping for the 5770 Progress Road property include
a 3 -foot buffer strip along the street, thereby reducing the
parking spaces to 9 feet; 2 ) That the buffer extend to the driveway
entrance; 3) That the landscaping requirements for the rear,
adjoining the right -of -way, be waived; 41 That the planting
considered in accordance with the landscaping provisions for
address numbers 5780, 5784, 5788, 5792; 5) That plans for the
planting be approved by ERPB at a future date.
Final approval by the ERPB is not authorization to begin
construction. Final approval by ERPB shall elapse after six (6)
months if no permit was issued. You must receive a valid Building
Permit after approval by ERPB.
Final decision by the ERPB may be appealed to the City Commission
by written request to the City Clerk before a Building Permit is
issued.
If you have any questions concerning this matter, please, contact
the Department between the hours of 8:00 AM and 5:00 PM, Monday
through Friday, at (305) 663 -6326.
December 1994
City of South Miami
6130 Sunset Drive
Suoth Miami, Fl. 33143
ATTN: Planning Board and The City Commission.
This letter is for the purpose,of asking for your approval
in granting us two resquest for our building located at 5770
and 5786 progress Road, South Miami,Fl.
First request: Exemption from the landscaping requirements of
section 20 -4.5 (c) exemption for property located in'the
I(Intensive ) District.
Second resquest: Special parking permit to reduce the number
of offs street parking spaces by fifty percent pursuant to
section 20 -4,4 (H) for property Located within 1500 feet of
the metro Rail Transit Station.
Our property is no more than 600 feet away from Metro Rail and
the customers for our tennant are using Metro Rail transportation
because the station is easy within walking distances to 5770
and 5786 Progress Road.
We invite each of you to visit our beautiful, clean, lanscaped
and well maintained buildings.
After your visit, you will know that we are and have been the
front runners in beautification for this entire I (Intensive)
Section Progress Road Commerce lane and connected buildings
on other street.
You help and consideration in granting our two resquest will
truly be appreciated and it will help us to continue maintain
our property as a Neigh standard that the City of South Miami
will be proud to show to other property owner in this area.
Sincerely,
Eduard Pawley III and
Robert Strikland, ownrers.
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N%. f ICE OF PUBLIC IIEAR.AG
CITY OF SOUTH MIAIVII -
Building, Zoning & Community Development Department
6130 Sunset Drive, 2 "`i Floor; South Miami, Florida 33143
Phone: (305).663 -6325; Fax #: (305) 666 -4591
On Tuesday, January 10, 1995, 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, February 7, 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 -027
Applicant: Robert N. Strickland, Sharon Strickland, Edward Pawley III and Clara Pawley.
Request #1: Exemption from the Landscaping Requirements of Section 20 -4.5, pursuant to:
Section 20-4.5 (C) "Exemptions" for property located in the I (Intensive) District.
Request #2: Special Parking Permit to reduce the number of off - street parking spaces by fifty
(50) percent, pursuant to Section 20 -4.4 (H) for property located within 1,500 feet
of the MetroRail transit station, and located in the I (Intensive) Zoning District.
Location: 5770 & 5786 Progress Road; 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.
AGENDA
Planning Board
Tuesday, January 10 "', 1994
City Commissioners' Chambers
7 :30 P.M.
1. Call to order and the Pledge of Allegiance to the Flag of the United States of America.
II. Roll Call.
III. Public Hearings:
PB -94 -027
Applicant: Robert N. Strickland, Sharon Strickland,
Edward Pawley III and Clara Pawley.
Request #1: Exemption from the Landscaping Requirements of Section 20 -4.5,
pursuant to Section 20 -4.5 (C) "Exemptions" for property located in the
I (Intensive) District.
Request #2: Special Parking Permit to reduce the number of off - street parking
spaces by fifty (50) percent, pursuant to Section 20 -4.4 (H) for property
located within 1,500 feet of the MetroRail transit station, and located in
the I (Intensive) Zoning District.
Location: 5770 & 5786 Progress Road; South Miami, Florida 33143
(A commercial property)
IV. Approval of the Minutes of December 13, 1994.
V. Remarks.
A Board discussion of the height of hedges within the City of South Miami.
VI. Adjournment.
"City of Pleasant Living"
V. Remarks.
The Board discussed the code currently in place regulating the
height of hedges.
Motion: Mr. Gutierrez moved that consideration of the removal in
height limitations be placed as an item on the next Planning Board
agenda. Mr. Basu seconded the motion.
Vnt-a Approved: 6 Disapproved: 0
(H) Physical Barriers
(1) All fences, walls trellises and hedges may be erected on or
along a property line, but shall not extend into official
public rights -of -way or project on or over adjacent
properties.
(2) Height Limit.l'
Residential:
(a) Chain link fences will not be permitted on required yards
adjacent to a right -of -way.
(b) In required yards not adjacent to a right -of -way, fences,
walls, trellises and hedges shall not exceed six ( 6 ) feet
in height above grade.
(c) In required yards adjacent to a right -of -way, fences,
walls, trellises, gates and hedges shall not exceed four
(4) feet in height above grade. Fences and walls may be
increased by two ( 2 ) feet in height above grade and gates
may be increased by three (3) feet above grade provided
that the upper two (2) feet of the fence or wall surface
and the upper three ( 3 ) feet of the gate between vertical
supports is designed as a uniform pattern with a minimum
of sixty (60) percent open area.
Non - residential:
(d) Fences, walls, trellises or hedges on property zoned for
non- residential uses shall not to exceed eight (8) feet
in height above grade.
(3) Prohibited Features
Fences constructed wholly or partially of barbed wire are
prohibited, except fences or walls exceeding six (6) feet
which have a maximum top extension of sixteen --(16) inches
bearing a maximum of three (3) strands of barbed wire. Use of
electrically charged fences shall not be permitted in any
district."
" Revised 4119194 by Ord. # 7 -94 -1556; revised 611193 by Ord .
# 6 -93 -1535 which repealed Ord. # 12 -90 -1452 adopted 07124190 and
repealed Ord. # 30 -91 -1494 adopted 12117191.
1A 11 Revised 7124190 by Ord #12 -90 -1452 & 112190 by Ord #1 -90 -1444.
LDC: UPDATED JUNE 1993 6 S CITY OF SOUTH MIAMI
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III. Public Hearings:
PB -94 -027
Applicant: Robert N. Strickland, Sharon Strickland,
Edward Pawley III and Clara Pawley.
Request #1: Exemption from the Landscaping Requirements of
Section 20 -4.5, pursuant to Section 20 -4.5 (C)
"Exemptions" for property located in the I
(Intensive) District.
Request #2: Special Parking Permit to reduce the number of off-
street parking spaces by fifty (50) percent,
pursuant to Section 20 -4.4 (H) for property located
within 1,500 feet of the Metrorail transit station,
and located in the I (Intensive) Zoning District.
Location: 5770 & 5786 Progress Road; South Miami, FL 33143
(A commercial property)
Oliver Kerr read the request. Staff recommended approval of the
application.
Public hearing was opened.
Mr. Robert Strickland spoke before the Board. Mr. Strickland
explained to the Board how Metrorail benefits his customers and,
therefore, why he was seeking reduction in the parking
requirements.
Mr. Strickland agreed with staff recommendations and was willing
to agree with any recommendations offered by the Board.
Public hearing was closed and executive session.was opened.
Mr. Lefley inquired about staff recommendations pertaining to the
application. Staff clarified recommendations.
Motion: Mr. Lef ley moved to approve both requests as presented,
following recommendations outlined in staff memorandum. Ms.
Thorner seconded the motion.
Upon discussion, Mr. Basu voiced his concerns by amendment to the
original motion about the parking space on the site plan nearest
the building, specifically, that the space was too small.
Vote inclusive of amendment:
Approved: 0 Disapproved: 7
Motion failed.
At the close of the vote, the Board related their concerns
regarding the size of the parking spaces and an adequate
landscaping buffer.
Second Motion: Mr. Gutierrez moved to approve the requests as
presented by staff. Mr. Basu seconded the motion.
Vote: Approved: 7 Disapproved: o
IV. Approval of the Minutes of December 13, 1994.
Mr. Kerr moved to approve the Minutes of December 13, 1994, as
read. Mr. Basu seconded the motion.
Vote: Approved: 7 Disapproved: 0
V. Remarks.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Tor Mayor and City Commissioners Date: February 1, 1995
02/07/95 Commission Agenda
From: Eddie Cox, Re: Item #43: Resolution
City Manager determining that Wedding Chapel
Use is not similar to Notary
Public Use
BACKGROUND:
The City Administration has been approached by an entrepreneur who
desires to establish a private Wedding Chapel within the Hometown
Too Charrette Study Area. "Wedding Chapel" is not an approved use
in our Land Development Code, which provides a mechanism (Section
20- 3.3(C)(5), New or Unlisted Uses of a Similar Nature) for
determining whether a proposed new or unlisted use may be approved
due to its similarity to an existing use. The Building, Zoning and
Community Development (BZCD) Director is required by Code to
consider the nature of the proposed use and its compatibility with
other uses, and to determine which districts- (if any) are
appropriate for the use. The BZCD Director has done this in
response to the January 25, 1995 letter of application from Ms.
Anna Dupree, which proposes a "Wedding Chapel which "will be
strictly limited to the performance of wedding ceremonies and for
all notary services provided by law. The proposed Wedding
Chapel... will have an indoor chapel and an outdoor garden. Food
may be catered from an outside source, but not prepared on site.
Alcoholic beverages may be provided on occasion by a properly
licensed caterer, although no alcoholic beverage license will be
sought for this property.
The attached memorandum dated January 31, 1995 from our BZCD
Director thoroughly discusses the proposed use, and contains
findings and a recommendation, all of which I hereby transmit to
you, as required by Code. I find the Director's findings to be
reasonable and acceptable, and concur with Mr. Mimms'
recommendation that the proposed Wedding Chapel use is not similar
in nature to the Notary Public use.
RECOMMENDATION:
1) Approval of the BZCD Director's recommendation; and,
2) Approval of the proposed Resolution (attached).
attachments a. \notary. cox
l3
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
3 THE CITY OF SOUTH MIAMI, FLORIDA ACCEPTING THE CITY
4 MANAGER'S RECOMMENDATION, PURSUANT TO § 20 -3.3 (C)(5)
5 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
6 MIAMI, DETERMINING THAT THE PROPOSED USE ENTITLED
7 "WEDDING CHAPEL" IS NOT SIMILAR IN NATURE TO THE
8 "NOTARY PUBLIC" USE.
9 WHEREAS, § 20 -3.3 (C)(5) of the Code provides that the Director of Building,
10 Zoning and Community Development (BZCD) shall consider the compatibility of new or
11 unlisted uses and that the City Manager shall transmit such findings and
12 recommendations to the City Commission for review at its next regularly scheduled
13 meeting;
14 WHEREAS, the City Commission shall approve the recommendations or make
15 other determination as it deems appropriate;
16 WHEREAS, Ms. Anna R. Dupree has requested on January 25, 1995 that the
17 proposed "Wedding Chapel" use be considered to be of similar nature to the Notary
18 Public use pursuant to § 20 -3.3 (C)(5), New or Unlisted Uses of Similar Nature;
19 WHEREAS, Notary Public is a permitted use contained under § 20 -3.3 (D),
20 Permitted Use Schedule;
21 WHEREAS, the Director of BZCD in the memorandum dated January 31, 1995
22 has recommended that the proposed Wedding Chapel use is not of similar nature to the
23 Notary Public use.
24 WHEREAS, the City Manager has transmitted the BZCD Director's
25 memorandum and concurs with the Director's recommendation;
26 WHEREAS, the Mayor and City Commission accept the recommendation of the
27 City Manager;
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29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI:
31 SECTION 1. That the proposed use entitled "Wedding Chapel" as set forth in the
32 application submitted on January 25, 1995 by Ms. Anna R. Dupree, is not similar in
33 nature to the "Notary Public" use listed in the Permitted Use Schedule contained in § 20-
34 3.3 (D) of the Land Development Code.
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PASSED AND ADOPTED THIS 7`h DAY OF FEBRUARY, 1995.
ATTEST:
Rosemary J. Wascura, City Clerk
READ AND APPROVED AS TO FORM:
Earl G. Gallop, City Attorney
Neil Carver, Mayor
cAnotary.sup
Admwh� CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Eddie Cox, City Manager
From: Dean Mimms, AICP
'rector of BZCD
BACKGROUND:
Date: January 31, 1995
02/07/95 Commission Agenda
Re: Item # : Resolution to
deny request for Wedding Chapel
Use under Notary Public Use
The City Administration has been approached by an entrepreneur who
desires to establish a private Wedding Chapel in the "MO" (Medium -
Intensity Office) district at 7109 SW 61 Court, within the Hometown
Too Charrette Study Area. The January 25, 1995 letter of
application (attached) states that the proposed "Wedding Chapel
will be strictly limited to the performance of wedding ceremonies
and for all notary services provided by law. The proposed Wedding
Chapel... will have an indoor chapel and an outdoor garden. Food
may be catered from an outside source, but not prepared on site.
Alcoholic beverages may be provided on occasion by a properly
licensed caterer, although no alcoholic beverage license will be
sought for this property."
The January 25, 1995 application letter from Ms. Anna Dupree
requests that the proposed Wedding Chapel use be considered under
the provisions of Land Development Code Section 20- 3.3.(C)(5), New
or Unlisted Uses of Similar Nature. The requested use is not among
those listed in our Land Development Code. Ms. Dupree is
requesting that the proposed Wedding Chapel use be considered to be
of similar nature to the Notary Public use, which is a permitted
use in the "MO" zoning district of the subject property.
Section 20- 3.3(C)(5), New or Unlisted Uses of Similar Nature,
requires that:
(a) The Director of Building /Zoning and Community Development
shall consider the nature of the proposed use, its
compatibility with other uses permitted in the various
districts and determine the zoning district or districts
within which the use should be permitted, if any.
(b) The City Manager shall transmit the findings and
recommendations of the Director of Building /Zoning and
Community Development for the classification proposed for any
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new or unlisted use to the City Commission for review at its
next regularly scheduled meeting.
(c) The City Commission shall approve the recommendations of the
Director or make such determination concerning the
classification of the new or unlisted use as it determines
appropriate.
ANALYSIS•
Nature of Proposed Use:
The proposed Wedding Chapel use is not similar in nature to a
notary public. The American Heritage Dictionary, 3rd Edition,
defines notary public as "a person legally empowered to witness and
certify the validity of documents and to take oaths ". The State of
Florida, in addition to allowing a notary public to administer
oaths and make certificates thereof (F.S. 117.03), authorizes a
notary public to "solemnize the rites of matrimony... For
solemnizing the rites of matrimony, the fee of a notary public may
not exceed those provided by law to the clerks of the circuit court
for like services" (F.S. 117.04). Black's Law Dictionary, Fifth
Edition,. solemnize as "to enter marriage publicly before
witnesses in contrast to a clandestine or common law marriage."
Notwithstanding the fact that notaries may marry people in the
State of Florida, and that a properly licensed (including a City of
South Miami Occupational License) notary public may solemnize
marriage rites in that notary's legal place of business, the
performance of such rites is generally peripheral to the
traditional functions of validating documents and taking oaths. It
is beyond this periphery where any similarity of use ends between
the proposed "Wedding Chapel" use and the permitted Notary Public
use.
The wedding reception component of the proposed Wedding Chapel use
is simply not a notary public function. Wedding receptions are
typically held in hotels, private clubs (e.g., country clubs), or
restaurants, and are run by caterers, hoteliers, or restauranteurs,
and not by notaries, who by definition and by statute lack both
qualifications and authorization. A notary public office is
typically extremely small, and is usually subservient to the
primary functions of a bank, insurance office, law office, or
governmental facility. Wedding receptions are celebratory events
which may draw numerous participants, and which typically involve
food, drink (including alcoholic beverages), and music. Such
events lack nexus to the statutorily authorized activities of a
notary public and to the function of a notary public.
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Compatibility of Proposed Use:
Notary Public is a permitted use in the RO (Residential Office) , LO
(Low- Intensity Office), MO (Medium- Intensity Office), NR
(Neighborhood Retail) , SR (Specialty Retail) , and I (Intensive Use)
zoning districts. The Land Development Code definitions of these
districts are attached, as are the definitions of the corresponding
districts from the Comprehensive Plan. - The analysis which follows
will examine each of the districts in which Notary Public is
allowed, in order to ascertain the consistency (if any) with these
districts and to consider the compatibility (if any) with other
permitted uses in these districts.
RO (Residential Office) District. The proposed Wedding Chapel use
is incompatible with the RO zoning district, the purpose of which
( from Code definition of RO district) is "to provide limited office
space needs of certain low impact professional services in
attractive low profile buildings on heavily landscaped sites,
architecturally similar to and compatible with nearby single family
structures." The proposed use is not a low - impact professional
use, but rather is a potentially high-impact commercial use, and is
therefore incompatible in the RO district. It is also incompatible
with the Comprehensive Plan, which requires "very low- intensity
office structures that are similar in development characteristics
to single - family homes. Development characteristics shall include
but not be limited to height, mass, volume, parking and
landscaping."
LO (Low- Intensity) and MO (Medium- Intensity) Districts. The
proposed use is, with certain caveats, not incompatible with either
the LO or MO Office districts. The first caveat is that the
potentially intensive Wedding Chapel use be limited in intensity.
This could be accomplished by limiting total site occupancy to the
interior occupancy allowable under all applicable Codes and
regulatory authorities, including the Fire Marshall. This would
limit all events to the maximum number of people who could be
legally accommodated within the building, thus establishing a
reasonable upper limit to attendance at any event, regardless of
whether it occurs inside or outside of the building. The letter of
application states that the proposed Wedding Chapel will have an
outdoor garden. Use of an outdoor garden for wedding receptions in
office districts begs for intensity limitation, absent which a
clear nuisance potential exists.
The second caveat for permitting the Wedding Chapel in LO and MO
Office districts is that wedding receptions be restricted to
evening and weekend hours. Failure to establish such a restriction
would create a substantial nuisance potential for nearby office
uses. Both this and the intensity limitation should be required as
Special Use conditions, which would have to be added to the Code by
way of an Ordinance.
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The proposed use appears to be compatible with the Church, Temple,
Synagogue or Mosque use, which is permitted by Special Use in the
LO and MO districts. (The applicable Special Use Condition of
churches is that no structure be closer than 100 feet from any
adjacent residential district. The parking requirement for
churches, i.e., one parking space per three seating spaces in the
main assembly room, is appropriate for the proposed Wedding Chapel
use. The Notary Public parking requirement of one space per 250
sq. ft. is not appropriate for the proposed use, which is more
intensive than Notary Public).
NR (Neighborhood Retail) District. The proposed Wedding Chapel use
is incompatible with the NR zoning district. The Code definition
states that the purpose of the district is to "permit convenience
commercial uses which provide for the everyday retail and personal
needs of nearby residential neighborhoods in a compatible and
convenient manner." A Wedding Chapel does not serve everyday
retail and personal needs.
SR (Specialty Retail) District. The proposed Wedding Chapel use is
not incompatible with the SR district, which provides for a great
range of uses. The use would potentially be compatible with the
following permitted uses in the SR district: Restaurant
(Convenience or General); Hotel or Motel; and, Drinking Place.
Wedding Chapel use should only be approved by Special Use, due to
its intensity and potential for outdoor receptions.
I (Intensive Use) District. The proposed use is not incompatible
with the I (Intensive Use) district, which allows for
"redevelopment of existing facilities for office uses independent
from auto service uses with special use approval ". Provision of
adequate parking would be a challenge in this district, yet one
which might be overcome by limiting hours of operations to evenings
and weekends. Such challenges could be appropriately addressed in
the special use process. The Wedding Chapel use would be
compatible with the Church, Temple, Synagogue, or Mosque use
permitted by Special Use in this district.
Summary of Analysis:
It has been concluded that the proposed Wedding Chapel use does not
fit within the existing Notary Public use in our Land Development
Code. Although the performance of marriage rites constitutes the
overlap between the proposed and existing uses, the proposed use
involves wedding- receptions, which places the Wedding Chapel use
well beyond the Notary Public use. Consequently the Wedding Chapel
use is not of similar nature to Notary Public, and cannot be
permitted absent an Ordinance amending the Code which would
incorporate the Wedding Chapel use and establish parking and other
conditions for it.
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Analysis of the zoning districts in which Notary Public is a
permitted use has confirmed the conclusion as to dissimilarity of
nature of the proposed use. In order to approve the proposed use
it not only must be judged to be of similar nature, it should be
permissible in each district where the similar, existing use is
allowed, and should meet all conditions (e.g., parking) which are
required of the existing use. To treat a proposed new or unlisted
use differently is problematic. Even if it were deemed to be of
similar nature, failure to meet any of the one of these
requirements would be sufficient to deny the request. A proposed
new or similar use either is similar and meets all district (and
parking, Special Use conditions, etc.) requirements, or it cannot
be deemed similar. To do otherwise would be highly inadvisable
from a regulatory point of view. Proposed uses, even if they
appear to be similar in nature, yet which do not fit in each
district and which do not meet all district criteria, should only
be allowed as a result of an Ordinance which amends the Land
Development Code to incorporate them.
The subject case, Wedding Chapel, was found to be both dissimilar
in nature to Notary Public, and to be incompatible in several of
the zoning districts where Notary Public is allowed. Additionally,
the Notary Public parking requirement of 1 space per 250 sq. ft.
was found to be inadequate for the proposed, relatively intensive
use. An appropriate parking requirement would be one space for
every three seats in the chapel assembly area, which mirrors the
parking requirement for churches.
It was found that the proposed Wedding Chapel use is not
incompatible, given certain conditions, in the following zoning
districts: LO (Low- Intensity Office), MO (Medium- Intensity Office),
SR (Specialty Realty) , and I (Intensive Use) districts. It was
also found that the proposed use is incompatible in the RO
(Residential Office) district and NR (Neighborhood Retail)
districts.
FINDINGS:
1) The proposed Wedding Chapel use is not similar in nature to
the Notary Public use, as per Section 20- 3.3(C)(5) of the Land
Development Code.
2) The wedding reception component of the proposed use is not a
notary public function.
3) The proposed use is incompatible in the RO and NR zoning
districts
4) The proposed use is not incompatible in the LO and MO zoning
districts, provided that intensity of use and hours of
operation are strictly limited.
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5) The proposed use is not incompatible in the SR and I zoning
districts, provided that appropriate Special Conditions are
required.
6) The parking requirement should be the same as for churches.
7) The proposed Wedding Chapel use should only be allowed by
Special Use.
RECOMMENDATION:
That the proposed use entitled "Wedding Chapel" is not similar in
nature to the "Notary Public" use listed in the Permitted Use
Schedule contained in Section 20- 3.3(D) of the Land Development
Code.
attachments c:\notary.res
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January 25,1995
To: Dean Mimms, AICP
Director of Building, Zoning & Community Development Dept.
From: Anna R. Dupree (Applicant)
6521 S.W. 62 Ct.
Miami,Fl. 33143
Location: 7109 S.W. 61 Ct.
Miami, F1. 33143
Re: Application for Notary Office/ Wedding Chapel
Because the Code, Section 20 -3.3 (D), Permitted Use Schedule,
does not contain "Wedding Chapel" as a permitted use, I am re-
questing for a Notary Public Office/ Wedding Chapel under the
provisions of Section 20 -3.3 (5), New or Unlisted Uses of Similar
Nature.
The proposed Wedding Chapel will be strictly limited to the per-
formance of wedding ceremonies and for wedding receptions as well
as all Notary services provided by law.
The proposed Wedding Chapel at 7109 S.W. 61 Ct., will have an
indoor chapel and an outdoor garden.
Food may be catered from an outside source, but not prepared on
site. Alcoholic beverages may be provided on occassion by a
properly licensed caterer, although no alcoholic beverage license
will be sought for this property.
Your cooperation with this request will be greatly appreciated.
Thank You,
CI _ &_ C'. �<`_
Anna R. Dupree
20 -3.1 SOUTH MIAMI LAND DEVELOPMENT CODE
ately spacious setting which emphasizes the preservation of open space. This district
is appropriate in areas designated "Single - Family" on the city's adopted Comprehen-
sive Plan.
(4) "RS -4" Small Lot Single- Family Residential District: The purpose of this district is to
provide for single- family residential development located on smaller lots and to pro-
tect and improve the character of existing development in the area. This district is
appropriate in areas designated "Single- Family" on the city's adopted Comprehen-
sive Plan.
(5) "RT -6" Townhouse Residential District: The purpose of this district is to provide
suitable sites for the development of well planned, environmentally compatible, low
density townhouse projects on sites of at least 60,000 square feet, which are located in
such a manner as to serve as effective transitional land use elements between single -
family and more intensive multi - family residential or commercial areas. This district
is appropriate in areas designated "Townhouse Residential" or "Two- Family/
Townhouse Residential" on the city's adopted Comprehensive Plan.
(6) "RT -9" Two - Family /Townhouse Residential District: The purpose -of this district is to
provide suitable sites for the development of well planned, environmentally compat-
ible, low density attached single - family residential projects of a two- family and/or
townhouse nature, which are located in such a manner as to serve as effective tran-
sitional land use elements between single - family and more intensive multi - family
residential or commercial areas. This district is appropriate in areas designated "Two -
Family/Townhouse Residential" on the city's adopted Comprehensive Plan.
(7) `RM - -18" Low Density Multi - Family Residential District. The purpose of this district
is to provide suitable sites for the development of low density multi - family residential
uses with appropriate landscaped open space which are located in such a manner as
to serve as an effective transitional land use element between less intensive residen-
tial uses and more intensive multi- family and/or commercial uses. This district is
appropriate in areas designated "Low Density Multi- Family Residential" on the city's
adopted Comprehensive Plan.
(8) `RM -24" Medium Density Multi- Family Residential District: The purpose of this dis-
trict is to provide suitable sites for the development of medium density multi - family
residential uses with appropriate landscaped open space. This district is appropriate
in areas designated "Medium Density Multi - Family Residential" on the city's adopted
Comprehensive Plan.
(9) "RO" Residential Office District: The purpose of this district is to provide suitable
sites which will accommodate the limited office space needs of certain low impact
professional services in attractive low profile buildings on heavily landscaped sites,
architecturally similar to and compatible with nearby single- family structures. The
district should serve as a transitional buffer between established single - family neigh -
borhoods and major traffic arterials or more intensive uses, and is appropriate in
areas designated "Residential Office" or "Low Intensity Office" on the city's adopted
Comprehensive Plan.
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ZONING REGULATIONS 20 -3.1
i10) "LO" Low - Intensity Office District: The purpose of this district is to permit low-
intensity office development and redevelopment, without necessarily being compat-
ible in appearance with single - family residential areas. This district is appropriate in
areas designated "Low- Intensity Office" on the city's adopted Comprehensive Plan.
ill) "MO" Medium- Intensity Office District: The purpose of this district is to accommodate
professional and business office space needs in a relatively intensive centrally located
manner. This district is appropriate in areas designated "Medium- Intensity Office"
on the city's adopted Comprehensive Plan.
(12) "NR" Neighborhood Retail District. The purpose of this district is to permit conve-
nience commercial uses which provide for the everyday retail and personal service
needs of nearby residential neighborhoods in a compatible and convenient manner.
This district is appropriate in areas designated "Neighborhood Retail Development"
on the city's adopted Comprehensive Plan.
( 13) "SR Specialty Retail District: The purpose of this district is to maintain the basic
specialty retail character of the Sunset Drive commercial area by encouraging com-
parison retail uses at the pedestrian- oriented grade level and office and residential
uses on the upper floors of all buildings. This district is appropriate .in areas desig-
nated "Specialty Retail/Residential" on the city's adopted Comprehensive Plan.
(14) "GR" General Retail District: The purpose of this district is to delineate areas which
permit a broad range of retail uses. Uses that are strongly oriented toward the mo-
toring public are discouraged in this district. This district is appropriate in areas
designated "General Retail" on the city's adopted Comprehensive Plan.
(15) "I" Intensive Use District: The purpose of this district is to delineate properly located
and easily accessible areas for automobile service and repair activities and other
similar and compatible uses. The district is also intended to permit redevelopment of
existing facilities for office uses independent from auto service uses with special use
approval. This district is appropriate in areas designated "Auto Service /Office Special
Redevelopment" on the city's adopted Comprehensive Plan.
(16) "H" Hospital District: The purpose of this district is to permit, as a special use, areas
that will accommodate various hospital needs in a manner compatible with nearby
residential areas. The district also permits office uses at appropriate intensities in the
event that hospital uses are terminated and is appropriate in areas designated "Hos-
pital/Office on the city's adopted Comprehensive Plan. The unique nature of hospital
usage and its quickly changing needs and characteristics makes their proper regula-
tion under ordinary zoning regulations difficult. Hospitals located near residential
areas are both an asset in terms of jobs and services provided and a liability in terms
of traffic generated and their propensity to expand. It is the intent of this district to
establish stable land use patterns in hospital areas upon which local residents and
hospitals can both rely.
17) "PI" Public /Institutional District: The purpose of this district is to provide for schools,
governmental facilities, utilities and churches and similar uses, with building heights
25
access from the out of doors. Two- famiiv structures snouid be aeveiooed at densities that do
not exceed two aweiling units per 10.000 square feet. Townhouse dweiling units. which are
structures that contain three or more dwelling units. should be deveioped at densities that
do not exceed one dwelling unit per 7.260 square feet of site area.
Townhouse Residential (Two-Story)
The townhouse category is intended to limit development w townhouse -type dwelling units
on parcels of land not less than 60,000 square feet in area. Each dwelling unit shouid have
its own at -grade direct access from the out of doors. Townhouse dwelling units shouid be
developed at densities that do not exceed one dwelling unit per 7.260 square feet of site area.
Zoning regulations which implement the townhouse category shouid prohibit single-
family and two - family structures, except that single - family structures may be permitted to
secure a vested right to use legally created parcels which do not meet minimum lot size
requirements of this plan and/or the zoning ordinance.
Low- Density Density Multiple - Family Residential (Two -Story)
Medium- Density Density Multiple - Family Residential (Four - Story)
The low- density and medium- density multiple - family residential land use categories are
intended to provide for residential densities of 18 dwelling units per net acre (exclusive of
rights -of -way) and 24 dwelling units per net acre (exclusive of rights -of -way), respectively.
Residential Office iTwoStory)
The residential office land use category is intended to provide for the development of very -
low- intensity office structures that are similar in development characteristics to single-
family homes. Development characteristics shall include but not be limited to height,
mass, volume, parking and landscaping. Buildings shaii'not exceed two stories. At no
time shall any building exceed 25 feet in height. Front. side and rear setbacks shall not be
less than the most restrictive adjacent single- family residential zoning district- If there
is no adjacent single- family district, then front, side and rear setbacks shall not be less
than the nearest single - family residential district. Below - grade and partially below -
grade parking shall be prohibited. in addition, heavy landscaping and screening shall be
provided for parking areas, trash storage and other non- residential site characteristics.
Low - Intensity Office (Two-Story),
Medium - Intensity Office (Four-Story)
The low - intensity office and medium - intensity office categories are intended to permit
new development and redevelopment in South Miami commercial core areas. The low -
and medium - intensity office categories can be impiemented wim zoning regulations that
restrict uses to office uses. Commercial uses which serve orrice uses could also be
permitted. Retail can be permitted on the first floor as a conditionai use. The height
limitations stated for the low- intensity and medium - intensity office categories are
intended to ensure that the overall intensity of development will be substantially below that
which was permitted under the previous land use plan and zoning ordinance. Zoning
regulations shouid provide for set -back and floor area ratio controls that will ensure that
the total of existing and new development in areas 2 through 5 in Figure 1.3 (page 1.31) will
not exceed the total of existing development by a factor of two. For the purpose of this
section. existing development in each area has been determined to be:
Area 2 630,000 square feet of floor area
Area 3 340,000 square feet of floor area
Area 4 80,000 square feet of floor area
Area 5 180,000 square feet of floor area
This restriction is not intended to require that set -back and floor area controls allow the
total of new and existing development to exceed existing deveiopment by any particular
factor less than two.
Element Page Number 1.40
Plan Page Number 40
Hospital/Office (Four-Story)
The hospital/office land use category is intended to permit development of hospital .
facilities. Zoning regulations that implement this land use category could permit hospital
uses by right, as special uses or as planned developments. The hospitailoffice category is
also intended to permit office uses at appropriate intensities in the event that hospital uses
are terminated.
Specialty Retail/Residential (Four-Story)
The specialty retail/residential land use category is intended to facilitate maintenance of
the basic character of the Sunset commercial area. Zoning regulations that implement the
category should require comparison retail uses at grade level. Restaurants and a limited
range of non - comparison retail uses could also be permitted. Banks and similar uses that
do not reinforce the comparison retail environment should be prohibited or very strictly
limited. Zoning regulations should permit either retail and/or office uses at the second
floor, if a second floor is built. Zoning regulations should permit only residential uses at
the third and fourth levels, if third and fourth levels are built. This language shall not be
construed to require the development of second, third or fourth floors in conjunction with a
first floor.
General Retail (Two-Story)
The general retail use category is intended to permit a broad range of retail uses.
However, automobile service stations. gas stations, repair establishments, fast -food
restaurants and similar uses that are strongly oriented toward the motoring public should
not be permitted or should be permitted only with special use approval and only in limited
numbers.
Neighborhood Retail Development (Two-Story)
The neighborhood retail land use category is intended to permit convenience retail uses
which serve every-day shopping needs. Such uses include supermarkets, grocery stores,
convenience food stores, drug stores and personal service establishments. Other uses
could be permitted on a limited basis.
Auto SeiviceJOflice Special Redevelopment (Tw"tory)
The auto service/office special redevelopment category is intended to permit heavy
automobile service and repair uses such as auto paint and body shoos and heavy engine
repair. Zoning regulations which implement the category could also permit other
compatible uses. Development regulations shouid require adequate site area for oarki.ne
and other functions. Redevelopment of existing facilities for office uses independent from
auto service uses may be permitted with special use approval.
Public and Semi-Public (FourStory)
The public and semi - public land use category is intended to provide for schools. municipal
facilities. utilities and churches and similar uses. Areas designated public and semi-
public should not be used for other purposes without an amendment to this plan. Zoning
regulations could permit public and semi - public uses on sites not so designated by this plan.
Schools are hereby meant to be institutions of general education offering kindergarten
through 12th grade educauon or some substantial portion thereof;
Building heights shall not exceed the average of the maximum permitted in the
surrounding zoning districts, but in no case shall a building exceed four stones.
Parks and Open Space
The parks and open space land use category is intended to provide for public parks, park
and open space areas, including those associated with schools. Sites designated parks and
open space should not be used for other purposes without an amendment to this land use
plan. Zoning regulations could permit park and open space uses on sites not so designated
by this plan.
Element Page Number 1.41
Plan Page Number 41
1 ORDINANCE, NO.
2 AN ORDIMNCE OF THE ?BATOR AND CITY COMMISSION OF .MM CITY
3 OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15-94 -
4 1564, CREAl'IM SECTION 20 -5.10 OF TEE . LAND DSVBLOBMEE'1+
5 CODE TO PROVIDE FOR ADMINISTRATIVE WhIVER APPROVAL
6 PROCMMMS, TO ADTHMZH XXMR OF LOT SIZE AM FRONTAGE
7 REQQIRBM ; PROVIDING FOR SEVEMILITY; PROVIDING FOR
8 ORDINANCES IN CMUFLICT; AND PROVIDING AUT .SFFECTIVS DATE.
9' MMRSAS, Ordinance- No. 15 -95 -1564 was adopted -on- October . 41
10 1994, creating Section 20 -5.10 of ,the Land Development Code,to
11 authorize administrative waiver approval procedures for certain
12 land development requirements= and,
13 WHEREAS, the land development requirements for which
14 administrative waivers are authorized did.not - include lot size and
15 frontage requirements; and,
.16 MMFX1AS, the Mayor and the. City Commission find that it is in
17 the public interest to authorise administrative waivers for lot:
.18 size and.frontage requirements.
19 NOS, 'FORS, BE IT QMAIM BY M IQ= AHD . CITY
20 CO MMSSION of .THE CITY .OF SMIFE MIBitI, FLORID U.
21 .62ctign Ordinance No. 15 -94 -1564, creating.Section 2.0-
22 5.1.0 Of-the Land Development Code, is amended to reads
23 20 -5.10 ADMINISTRATIVE .WAIVER APPROVALS
(A) Authority to. Grant Administrative Waiver Approvals
(1) The City M ag- er shall have the authority to grant
"non -use waiver .1 requests pursuant to the
quidelinee,'standards and limitations contained in
this section..
(2) A - "non-use. waiver" is defined to mean a
discretionary administrative action relaxing the
application, of minimum lot size (not arojLland
f*nntnQe !JimennionrAl re;Mirements. principal
building , astbacks, building spacing, building -
coverage, impervious coverage., p.arki a:
requirements, screen enclosure .setback8, swimming
pool sethncks., whirlpool spa. setbacks, canopy
carport ..setbacks,,and accessory structure. setbacks.,
as contained within the Land Development Code which
have no relation to a change in use aof the. property
or structure in.question.
1$4
0
1 (B) Guidelines
2 In granting the waiver and issuing the. permit, the City
3 Manager shall find:
4 (1) The waiver will be in harmony with the general
5 appearance and character of the neighborhood and
6 the entire cca=unity.
7 (2) The waiver will not be injurious to the area
8 involved or otherwise detrimental to- the public
9 �teltare
10
(3) The proposed addition is designed and arrangged. on
1.1
the site in a manner that. mini�miaes - -aura and
12
visual impact on the adjacent residences while..
13
affording the applicant a reasonable use .of the
14
land.
15
(4) The waiver will be consistent with City of South
16
Miami's Comprehensive Plan.
17.
(C) Standards
18
Notwithstanding any other provisions .of. this code,
19
(1.) 1A the -RS-►1 (.Estate Residential), the RS -2 (Semi".
'('Low,
20(
Estate /Large Lot Residential), the RS -3
21,
Density /Medium Lot Single- Family -Residential), the
22
RT4 ((Townhouse Residential), the RT -9 (Two-
23
Family4ownhouse Residential), the RCS -18 (Loa
24
Density Multi - ,Family Residential), the M-24
25
tXedium- .Density Mdl.ti- Family Residential) , upon
IS
application- duly made, the City Manager may approve
2.7
a i-equear to` reduce the - required. spacing between
Is
buildings, a request to increase maximum building
?9
coverage, or a request to increase maximum
30
impervious. coverage from those requirements
11
specified in the Land ..Development Code, providing
32
that the request does not exceed the following..
t3
limitation:
;4
(a)' No setback is reduced below 70 percent of that
5
normally required.
60
(b) Spacing requirements between buildings are.not.
7
reduced below, 80 percent of .that normally,
$
required.
9
(a) Building coverage is not increased by more
0
than twenty (20) percent of.-- that nolly
1
permitted.
2 ..
l�
5EIN) L) r
2
3
4
5
6
7
8
9
10
1.1
12
13
14
15
16
17
18
19
20
2.1•
22
23
24
2S
26-
27
28
29 (D)
30.
31
32
33
34.
35.
)6
)7
�8
4
/S1
(Z)
r L— t -0� r c , MQrill ,
tiAl`1. 1
(d) Impervious coverage is not increased by more
than twenty (20) percent at that normally
Permitted.
(0)
R�_
Required lot frontage is not reduced by more
than 5 parcent,af that normally required, and
that in no.cass shall.any lot,be treated with
a lot frontage of less than 50.feet.
(Z) In - any. district, upon application duly � made , the
City Manager may approver a waiver request for the.
reduction .of the provision of required parking
spaces for any property designated as an- historical'
site pursuant to Section 20 -5.17 of. the Land
Doveiopment Code, providing that the waiver does
not .reduce the number of :parking spaces provided.
below thirty (30) perceiit of that normally.
required. furthermore, the requirements of
Paragraph D of this Section shall not. apply to. a.'
designated - historical site.
(3) The City Manager may approve a - waiver - request to
reduce the setback requ±=mnents for soreen
enclosures, tennis courts., swimming- paol$,
vhirlpcol spas, canopy carports and accessory
structures., providing that no setback is reduced
below 70 percent of that normally required..
Limitation
Waiver approvals shall be limited to- a single request
which is applied to an individual lot, where such lot is
located within. an area where at least 75.. percent .of. the
lots in a radius of 300 feet from the -subject property
have already, been developed.
Review Procedures
(1) Application for . a waiver request. shall be. made .by
the fee.: owner of the property on a. form - prescribed.
by: the Buildings. Zoning and Community Development -
Department and. shall be submitted, to the
Department.. The,.application shall include a
current survey and an accurately and fully
dimensioned. site plan showing, the existing
structures. on the property, the location of the,
proposed construction, and.the location.,and. use of
3
\dl.1Y 7 , U �
1
2
3
4
5
6
S
9
(2)
(3)
existing structures on the adjacent properties from
which the waiver is' . being requested. The
application shall include a latter of intent
explaining the. reason and justification for the
proposed - construction and waiver request. The
application shall be accompanied -by:
(a) The written consent of
of all adjacent or
subject property, and
(b) The written consent of
of all lot(s) immedia
from the property for
rights -of -way.
all the property owners
°abutting lots to the
all they property owners
•tely aoroso the street
setbacks. facing public
Upon receipt of the application fox- a waiver,. the.
City Manager, prior to making his decision, shall
have a staff member of the Department inspect the
site of the property and the surrounding properties
to determine what impact, if .any, the. proposed
construction will have on the area. The staff
member shall attempt to personally contact the
residents and/or owners of.the .adjacent properties
including. the property.or properties immediately
across all adjacent streets, for the purpose of
colleation-additional information relevant to the
application.
Upon-receipt of all necessary information including
staff reports, the City Manager .shall roview.-the
information and. render his decision either
approving., modifying or denying -.,the . request. A
copy of the decision shall. be published-in a
newspaper of general circulation.. A waiver shall
not ben effective until fifteen . (25.) days after the
City Manager °s decision in published in a newspaper
of general circulation. . A courtesy notice
containing-the decision of -the City Manager . may- be
mailed to. adjacent and abutting property oxners.of
records, their tenants, :or. -their agents, that are
identified on the application. Failure to mail.or,
receive such courtesy notice ,shall not affect.any
action or proceedings taken under-this section.
(4) In granting any waivern, the City Manager may.
Prescribe. appropriate coanitions.and safeguards as
the City Manager may feel necessary to protect and
further the Interests of the abutting properties,
the neighborhood area,.. ar . the entire co=mnity
which may include but- not be limited to the
following:.
(a) landscape materials, wall$, and. fences for
visual and acoustical buffering,
(b) modification of the orientation of proposed
openings in structures, and /or
(c) modification of the arrangement and location
of structures on the site.
(5) granting of an administrative waiver shall be
recorded-in the official public records of Metro.
Dade. County, ))y, the applicant, a copy of which
shall be filed. in the records . of .City of South
Mi-ami.'s Building, Zoning & Community Development °
Department.
(F) Appeals
(1) The applicant, or any aggrieved property owner in
the City 'of South Miami, may appeal decisions,of
the City Manager. to the City . Cam'ssioa under 4 20-
6 .1 3) of the ?sand Development Code. .U.
a nistrative appeal must `be: filed within 15--.days
following. the publication of the. City Managerps
decision..
(Z) In- the ®vent that 'an appeal is filed by. any
aggrieved -property. owner .within the -City of South
Miami; the City manager. may atop or.. suspend .any .
construction authorized by the waivr, until.-7L
decision has been made-on the appeal. in the event
the City Manager. should determine- that
suspension of the construction could cause imminent -
Peril to life. or property the City Manager. may
permit the construction -to continue upon such
conditions and. limitations, including furaishing.of
as appropriate bond, as may be•-deemed,proper- under.
the circumstances.
Sgctian 2, If any, section' clause, sentence, or phrase of.
this ordinance is _for any reason hold invalid. .or unconstitutional
by a court of-competent jurisdiction, the holdiaq shall not affect,
the validity.of - the remaining portions of.thie ordinance..
8eetion 3. A11 ordasncea or :parts of or+ng*+,ss in
conflict with the provisions of this .ordinance are bar ealed.
. rby� rep
section —L. Thin ordinance shall take - e f fact 3 diataly at
the time of-its passage.
PASSED AND ADOPTER this ,�, day of ' ' , 1995.
j.
i°
I•
r'
APPROVED:
MAYOR
ATTEST
CITY CLERK
/V
F
i
jI
9•
ORDINANCE NO. 15-94-1564
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND
DEVELOPMENT CODE TO CREATE SECTION 20- 5.10, PROVIDING
FOR ADMINISTRATIVE WAIVER APPROVAL PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami enacted a Land Development Code that
provides for purpose and authority, definitions, zoning regulations, other regulations,
procedures and applications, and administration and enforcement; and,
WHEREAS, the Land Development Code does not provide for non -use waiver
approvals by administrative action; and,
WHEREAS, the Mayor and the City Commission find that it is necessary and proper
to provide for non -use waiver approvals by administrative action, according to codified
guidelines and standards, in order to ameliorate an unduly harsh effect of a literal application
of the Land Development Code to recognized conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
SECTION 1. The Land Development Code is amended by creating Section 20 -5.10 to read:
20 -5.10 ADMINISTRATIVE WAIVER APPROVALS
(A) Authority to Grant Administrative Waiver Approvals
(1) The City Manager shall have the authority to grant "non -use waiver" requests
pursuant to the guidelines, standards and limitations contained in this section.
(2) A "non -use waiver" is defined to mean a discretionary administrative action
relaxing the application of principal building setbacks, building spacing,
building coverage, impervious coverage, parking requirements, screen
enclosure setbacks, swimming pool setbacks, whirlpool spa setbacks, canopy
carport setbacks, and accessory structure setbacks, as contained within the
Land Development Code which have no relation to a change in use of the
property or structure in question.
Adnmsowtive Waiver Ordinance Page / 1
/it
(B) Guidelines
In granting the waiver and issuing the permit. the City Manager shall find:
(1) The waiver will be in harmony with the general appearance and character of
the neighborhood and the entire community.
(2) The waiver will not be injurious to the area involved or otherwise detrimental
to the public welfare.
(3) The proposed addition is designed and arranged on the site in a manner that
minimizes aural and visual impact on the. adjacent residences while affording
the applicant a reasonable use of the land.
(4) The waiver will be consistent with City of South Miami's Comprehensive Plan.
(C) Standards
Notwithstanding any other provisions of this code,
(1) In the RS -1 (Estate Residential), the RS -2 (Semi- Estate /Large Lot Residential),
the RS -3 (Low Density/Medium Lot Single- Family Residential), the RS -4
(Small Lot Single- Family Residential), the RT -6 (Townhouse Residential), the
RT -9 (Two - Family /Townhouse Residential), the RM -18 (Low Density Multi -
Family Residential), the RM -24 (Medium Density Multi- Family Residential),
upon application duly made, the City Manager may approve a request to
reduce the required setbacks for principal buildings, a request to reduce the
required spacing between buildings, a request to increase maximum building
coverage, or a request to increase maximum impervious coverage from those
requirements specified in the Land Development Code, providing that the
request does not exceed the following limitations:
(a) No setback is reduced below 70 percent of that normally required.
(b) Spacing requirements between buildings are not reduced below 80
percent of that normally required.
(c) Building coverage is not increased by more than twenty (20) percent of
that normally permitted.
(d) Impervious coverage is not increased by more than twenty (20) percent
of that normally permitted.
AdsiatifarM" waiVW Ordiawne rase 12
(e) Required lot frontage is not reduced by more than 5 percent of that
normally required. and that in no case shall any lot be created with a lot
frontage of less than 50 feet.
(2) In any district, upon application duly made, the City Manager may approve a
waiver request for the reduction of the provision of required parking spaces for
any property designated as an historical site pursuant to Section 20 -5.17 of the
Land Development Code, providing that the waiver does not reduce the
number of parking spaces provided below thirty (30) percent of that normally
required. Furthermore, the requirements of Paragraph D of this Section shall
not apply to a designated historical site.
(3) The City Manager may approve a waiver request to reduce the setback
requirements for screen enclosures, tennis courts, swimming pools, whirlpool
spas, canopy carports and accessory structures, providing that no setback is
reduced below 70 percent of that normally required.
(D) Limitation
Waiver approvals shall be limited to a single request which is applied to an individual lot,
where such lot is located within an area where at least 75 percent of the lots in a radius of
300 feet from the subject property have already been developed.
(E) Review Procedures
(1) Application for a waiver request shall be made by the fee owner of the
property on a form prescribed by the Building, Zoning and Community
Development Department and shall be submitted to the Department. The
application shall include a current survey and an accurately and fully
dimensioned site plan showing the existing structures on the property, the
location of the proposed construction, and the location and use of existing
structures on the adjacent properties from which the waiver is being requested.
The application shall include a letter of intent explaining the reason and
justification for the proposed construction and waiver request. The application
shall be accompanied by:
(a) The written consent of all the property owners of all adjacent or
abutting lots to the subject property, and
(b) The written consent of all the property owners of all lot(s) immediately
across the street from the property for setbacks facing public rights -of-
way.
A&EWO ow waives or&wA= Pace 0 3
(2) Upon receipt of the application for a waiver, the City Manager, prior to
making his decision, shall have a staff member of the Department inspect the
site of the property and the surrounding properties to determine what impact, if
any, the proposed construction will have on the area. The staff member shall
attempt to personally contact the residents and /or owners of the adjacent
properties including the property or properties immediately across all adjacent
streets, for the purpose of collecting additional information relevant to the
application.
(3) Upon receipt of all necessary information including staff reports, the City
Manager shall review the information and render his decision either approving,
modifying or denying the request. A copy of the decision shall be published in
a newspaper of general circulation. A waiver shall not be effective until
fifteen (15) days after the City Manager's decision is published in a newspaper
of general circulation. A courtesy notice containing the decision of the City
Manager may be mailed to adjacent and abutting property owners of record,
their tenants, or their agents, that are identified on the application. Failure to
mail or receive such courtesy notice shall not affect any action or proceedings
taken under this section.
(4) In granting any waivers, the City Manager may prescribe appropriate
conditions and safeguards as the City Manager may feel necessary to protect
and further the interests of the abutting properties, the neighborhood area, or
the entire community which may include but not be limited to the following:
(a) landscape materials, walls, and fences for visual and acoustical
buffering,
(b) modification of the orientation of proposed openings in structures,
and /or
(c) modification of arrangement and location of structures on the site.
(5) Granting of an administrative waiver shall be recorded in the official public
records of Metro -Dade County, by the applicant, a copy of which shall be filed
in the records of City of South Miami's Building, Zoning & Community
Development Department.
(F) Appeals
(1) The applicant, or any aggrieved property owner in the City of South Miami,
may appeal decisions of the City Manager to the City Commission under § 20-
6.1(E) of the Land Development Code. An administrative appeal must be filed
within 15 days following the publication of the City Manager's decision.
Adnve Waiver Ordiaaaoe Pace i 4
/f
(2) In the event that an appeal is filed by any aggrieved property owner within the
City of South Miami, the City Manager may stop or suspend any construction
authorized by the waiver, until a decision has been made on the appeal. In the
event the City Manager should determine that the suspension of the
construction could cause imminent peril to life or property the City Manager
may permit the construction to continue upon such conditions and limitations,
including furnishing of an appropriate bond, as may be deemed proper under
the circumstances.
SECTION 2. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 4. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED THIS 4th DAY OF October,
Neil Carver
Mayor
ATTEST:
1
I � ^
Rd's t ary I. Wascura
City Clerk
READ AND APPROVED AS TO FORM:
Earl G. Gallop
City Attorney
/Y
c:\reports\waiver.ord
AdohdMatire waives order rase s 5
1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE IV, SECTION 20-
4 4.8(D), LAND DEVELOPMENT CODE, RELATING TO NONCONFORMING
5 LOTS OF RECORD, TO ELIMINATE PROVISIONS REQUIRING THE
6 AGGREGATION OF ADJOINING VACANT SINGLE - FAMILY LOTS UNDER
7 COMMON OWNERSHIP; PROVIDING FOR SEVERABILITY; PROVIDING
8 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
9 DATE.
10 WHEREAS, Section 20 -3.5E of the Land Development Code provides
11 dimensional requirements for single - family. residential zoning
12 districts; and,
13 WHEREAS, the dimensional requirements contain minimum lot size
14 and frontage requirements for the different zoning districts; and,
15 WHEREAS, numerous vacant lots exist within the single - family
16 zoning districts that are nonconforming because of substandard lot
17 size or frontage, or both; and,
18 WHEREAS, Section 20- 4.8(D) of the Land Development Code allows
19 an owner of an individual single - family residential lot, which was
20 nonconforming on the date of adoption of the code, to build a
21 single family dwelling and customary accessory buildings in
22 recognition of the owner's State property right to make reasonable
23 use of the property; and,
24 WHEREAS, Section 20- 4.8(D) further provides for the
25 aggregation of adjoining vacant lots under common ownership in
26 order to reduce the number of nonconforming lots for the purposes
27 of reducing residential density, reducing increased impacts on
28 public services and facilities that result from more intense
29 residential density, and increasing open space areas; and,
30 WHEREAS, the Mayor and the City Commission desire to increase
31 the property rights of the owners of adjacent nonconforming single -
32 family lots by allowing them to build on each individual lot; and,
33 WHEREAS, elimination of the nonconforming lot aggregation
34 requirement is [not] consistent with the City of South Miami
35 Comprehensive Plan; and,
36 WHEREAS, the Mayor and the City Commission find that it is in
37 the public interest to eliminate the nonconforming lot aggregation
38 requirement.
39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
,C
1 Section 1. Section 20- 4.8(D) of the Land Development Code
2 is amended to read:
3 (D) Nonconforming Lots of Records
4 (1) In any district in which single - family dwellings are
5 permitted, a single- family dwelling and customary accessory
6 buildings may be erected on any she lot of record at the
7 effective date of adoption or amendment of this Code,
8 notwithstanding limitations imposed by other provisions of
9 this Code.
10
eentinueus frrentage with ether lets in the same
11
12 ewelp
13 jalfb+ This provision shall apply even though such lot fails
14 to meet the requirements for area or width, or both, that
15 are generally applicable in the district, provided that
16 yard dimensions and requirements other than for area or
17 width, or both, of the lot conform to regulations for the
18 district in which the lot is located.
19 (-2 ) in eEdeE to i I i a the numberr ef neneenfeEming lets, if
20 twe -er- meEe adjelning - vaeant and platted lets-- and/err par-eels
21 with eentinueus - €r-entage -ten a- geblie stEeet -In eentinuous'
22 ewner-s hip see e- the - ate a€ -- passage -e f this ^ede, and If
23 eltheEeE —any ef sireh 19tB err par-eels individually is/a=e tee
24 small in any di te- matteet -the y&Ed, -vim and let aEea
25 r t . eats of the distrie-t- in whieh they - ale- leeated, then
26 sueh - q�-.eup -ef lets and/-eE pare is shall be eensidered -as a
27 single let 9E seveEal lets -ef BU8h- Bite- ae- 1sneeessaEy to
28 meet - dimensional requirements ei the di6tEle4-w
29 (a) Ne r'"'"'°'°len of Bald -- paEeel —shall shall be eE sv =c`r- -iii —a
30 si anaes- which d4minishes— eemplianee - -with let width and
31 aLmea r--- . its established by this Gede.
32 (b) No division of any parcel shall be made which creates a
33 lot with width or area below the requirements of this
34 Code.
35 (3) If any person shall have at any time after passage of
36 this Code created a lot or parcel which fails to conform with
37 the dimensional requirements of the district in which it is
38 located by selling part of a lot, such sale shall have no
39 effect for purposes of this Code and the lots and /or parcels
40 shall still be considered as part of one (1) or more lots.
41 Section 2. If any section, clause, sentence, or phrase of
42 this ordinance is for any reason held invalid or unconstitutional
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1995.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
nonconit.ord
3
MAYOR
To:
From:
C::=Z'Y OF SOUTH M =AM=
INTER- OFFICE MEMORANDUM
Mayor and City Commission Date: February 1, 1995
Eddie Cox
City Manager
Re: Fee Schedule
+ A0
Extensive changes to the South Florida Building Code (SFBC) have
generated a very time consuming permit review process and an increase
in the number of inspections for each project.
In order to compensate the City for the expense in additional staff time
for this process, it is necessary to increase permit fees for new
construction. It is also necessary to add two categories which are not
presently included in the fee schedule.
The following chart will show the impact of the proposed increase, as
well as, haw South Miami's fees compare to other municipalities.
S.Miami S.Miami C.Gables M.Beach D.Cty
Present Proposed
New Construction - Residential 3000 Sq. Ft.
$450.00 $1050.00 $1700.00 $390.00 $1085.00
New Construction — Commercial 500,000 Sq_ Ft.
$27,000 $51,000 $175,100 $65,000
Certificate of Completion
$0
$100.00 $100.00
$125 res.
1% of value
Comm.
min. $100/
max. $500
$52,000
0.03 /sq. ft.
min. $90
Fee Schedule Memorandum
Page Two
S.Miami S.Miami C.Gables M.Beach D.Cty
Present Proposed
Revisions to approved drawings
$0 $15.00 /sheet $15.00 /sheet 30% prmt. fee major
max. $200.00 50% prmt.
fee
minor $1/
minute
EC /ds
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING SECTION (A) 1 OF BUILDING PERMIT FEES IN
ORDINANCE NO. 14 -90 -1454, BY INCREASING THE PERMIT FEES FOR NEW
CONSTRUCTION; AMENDING SECTION (F) BY ADDING A FEE FOR CERTIFICATE
OF COMPLETION; AND AMENDING SECTION (H) BY ADDING A NEW SUBSECTION
6 FEE FOR REVISIONS TO APPROVED DRAWINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on or about August 21, 1990, the City of South Miami enacted
Ordinance No. 14 -90 -1454 providing, inter alia for building permit fees for
alterations and repairs to buildings and other structures; and,
WHEREAS, the Mayor and the City Commission wish to amend the aforesaid
Ordinance by increasing the permit fee for new construction, adding a fee for
revisions to approved drawings, and creating a new fee for certificates of
completion.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That subsection 1. NEW CONSTRUCTION of Section (A) BUILDING
PERMITS FEES be, and hereby is, amended as follows:
(A) BUILDING PERMIT FEES:
1. NEW CONSTRUCTION:
Per- -&de i-- i- E3E3 -- sue. - -€ : -e -- ae � r--o-f- �c3o-�- area- �}9 --t-o- 2 --, (�-s - - €t.
eye r- zf};-&f - et-r- ft- --- € -t:-- e1r- -}part
0 to 25,000 square feet
25,001 to 50.000 square ft
50.000 square feet and over
Lip
$35/100 square feet or fraction
thereof
$25/100 square feet or fraction
thereof
$ 8/100 square feet or fraction
thereof
Section 2. That Section (F) be, and hereby is, amended as follows:
(F) CERTIFICATE OF USE, COMPLETION OR OCCUPANCY FEES:
Certificate of Occupancy, Residential $100.00
Certificate of Occupancy, Commercial, per story $200.00
Certificate of Use $ 75.00
Certificate of Completion 5100.00
Section 3. That subsection 6. be added as REVISIONS TO APPROVED
DRAWINGS of Section (H) OTHER FEES:
(H) OTHER FEES:
6. REVISIONS TO APPROVED DRAWINGS $151sheet
Section 4. If any section, clause, sentence, or phrase of this
ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
Section 5. 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 , 1995.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
al
MAYOR
To:
From:
® CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
Mayor & City Commission Date: February 1, 1995
Eddie Cox
City Manager
Request:
Re: 2/07/95 Commission Agenda
Item #1q: Signage Revision Ord
An ordinance to revise the existing signage regulations to provide for the concerns of business
and property owners and meet the desires of the City to provide a safe and beautiful environment.
Background:
The Director and staff of the Building, Zoning & Community Development Department have
suggested a series of revisions to the existing signage regulations in the Land Development Code,
in order to provide business and property owners with more flexibility concerning signage within
the City. These revisions include increased signage area, more potential options for location and
placement, decreased restrictions, and a more user- friendly approach, in general, concerning
signage. The proposed ordinance addresses both the City's desire to provide for a safe and
beautiful environment for all citizens, and the business community's needs for increased
flexibility and more signage options.
Recommendation:
1. Advantage to City: Provides for increased flexibility for business and property owners
and a better set of regulations for the community.
2. Disadvantages to City: None.
3. This Ordinance is sponsored by /_/1J`77 %7'-
4. This Ordinance revises Section 20 -4.3 of the Land Development Code.
attachments
17
1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
3 THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20-
4 4.3 OF THE LAND DEVELOPMENT CODE, PROVIDING FOR
5 INCREASED FLEXIBILITY AND MORE OPTIONS FOR SIGNAGE;
6 PROVIDING FOR SEVERABILITY; PROVIDING FOR
7 ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
8 EFFECTIVE DATE.
9 WHEREAS, the City of South Miami enacted a Land Development Code that
10 provides for the regulation of signage within the City of South Miami; and,
11 WHEREAS, the Director of the Building, Zoning & Community Development
12 Department has studied these regulations and recommends that provisions be made for
13 increased flexibility, more options, decreased restrictions and a user - friendly process; and,
14 WHEREAS, the Mayor and the City Commission desire to amend the adopted
15 Land Development Code concerning signage, in order to reflect the changes suggested
16 by the Director of the Building, Zoning & Community Development Department.
17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
19 SECTION 1. That § 20 -4.3 of the Land Development Code be and is, hereby, amended
20 to read as follows (deletions are shown in str-ikeeut and additions are shown in
21 underline):
22 20 -4.3 SIGN REGULATIONS
23 (A) Purpose and Intent
24 Regulations affecting the design, erection and maintenance of signs are established for
25 the purpose of ensuring equitable means of graphic communication, while maintaining a
26 harmonious and aesthetically pleasing visual environment within the City. It is
27 recognized by the City that signs form an integral part of architectural building and site
8 design and require equal attention in their design, placement and construction.
9 (B) Applicability
10 No sign, unless herein excepted, shall be erected, constructed, posted, painted,
11 altered or relocated, until a permit has been authorized and issued by the
2 Building -ate: Zoning and Community Development Department pursuant to
3 Section 20- 5.16, Sign Permit Approvals.
Signage Revision Ordinance Page # 1
1 Signs in all zoning districts, except for PUD districts, shall be subject to the
2 regulations in this Section. Permitted sign regulations for PUD districts are
3 referenced in those sections of this Code.
4 (C) Exceptions
5 The following signs or displays may be erected without a permit or review by the City,
6 but shall comply with all structural and safety requirements of the Building Code:
7 (1) City erected signage on City property or public rights -of -way, official federal,
8 state, county or city traffic information, warning or danger signs, handicapped
9 parking and all other signage required by any applicable codes.
10 (2) One national flag of the United States of America and, in addition, one other flag
11 of choice [see § (3) below], not to exceed 9 feet by 12 feet in size. Proper flag
12 etiquette must be followed.
13 (3) One National flag or a flag of a political subdivision of the United States, or a
14 bona fide civic, charitable or fraternal organization flag, not to exceed 9 feet by
15 12 feet in size Proper flag etiquette must be
16 followed.
17 (4) Changing of copy on permitted bulletin boards, display encasements or marquees,
18 provided that no change is made in the size or character of the sign.
19 (5) Signs on trucks, buses and other vehicles, while in use in the normal course of
20 business.
21 (6) Street address identification signs that do not exceed one square foot in area.
22 (7) Construction, name plate, real estate, information window signs, non - illuminated
23 permanent window signs which are one (1) sq ft or less in area, political or
24- campaign signs, tow away zone signs, and garage sale signs.
25 (D) Illumination
26 (1) No sign shall be either directly or indirectly illuminated unless permitted within
27 this Code.
28 (2) When a sign is permitted to be illuminated directly, it may also be illuminated
29 indirectly.
30 (3) Directly illuminated signs may give forth light or be designed to reflect light from
31 one or more sources erected for the purpose of providing light for the sign,
32 provided that lighting is positioned so that none of the light shines onto an
33 adjacent property nor into the eyes of motorists or pedestrians.
Signage Revision Ordinance Page # 2
1 (4) Indirectly illuminated signs may not produce light from within, nor be of neon,
2 nor be neon - lighted, but such signs may be illuminated by a light source not a part
3 of, or attached to, the sign itself.
4 (5) No reference to illumination shall be construed to mean that all types of
5 illumination are prohibited for that particular category of sign.
6 (6) All signs which are electrically illuminated shall require a separate electrical
7 permit and inspection.
8 (E) Prohibited Signs and Sign Characteristics
9 No sign shall be constructed, erected, used, operated or maintained which:
10 (1) blinks, flashes, rotates or displays intermittent lights similar to or resembling
11 flashing lights customarily associated with danger or customarily used by police,
12 fire or other emergency vehicles.
13 (2) uses the words "stop" or "danger" or implies the need or requirement for stopping;
14 or which is a copy or imitation of an official sign. Prohibition of the words "stop"
15 or "danger" does not apply in instances when such words are.used in descriptive
16 lines of advertising, so long as they are not used to copy or imply any official
17 traffic warning.
18 (3) creates a blended background of colored lights with traffic signal lights which
19 might confuse motorists when viewed from a distance of up to three hundred
20 (300) feet.
21 (4) projects over any public street, sidewalk or alley in a single - family residential
22 zoning district.
23 (5) is a snipe sign on either public or private property.
24 (6) is a balloon or blimp.
25 (7) is located on the roof or extends above the parapet of a building, except for signs
26 located on mansard or shed roofs as permitted by Section 20- 4.3(H), Permitted
27 Sign Schedule. wheFe -sued �e�ritted. Sueh signs d heed
28 reefs 'may net pr ,, njeet o n edge of the a shed fi
29 (8) advertises products, services or establishments not available on premises.
30 (9) is located on a back lit and translucent awning.
31 (10) is a flat or hanging sign not providing adequate clearance above public walkways
32 as required by the Land Development Code and the South Florida Building Code
Signage Revision Ordinance Page # 3
I (11) blocks egress, ingress, light or ventilation to a site
2 (12) conveys the impression that property or structures can be used for purposes not
3 permitted by this Code or other regulations.
4 (13) is a pennant, streamer or other fluttering, spinning or similar type sign.
5 (14) is portable or movable, including those signs that are tied down with metal straps,
6 chaining or otherwise temporarily anchored to an existing structure or other
7 similar method of anchoring.
8 (15) is a sign painted or affixed in any manner to any vehicle, trailer or truck or similar
9 transportable device and which is used to advertise a place of business or activity
10 as viewed from a public right -of -way, except for:
11 (a) commercial vehicle signs when such vehicles are operational and used daily
12 for delivery or service purposes and not used or intended for use as
13 portable signs, and
(b) buses, taxis or similar common carrier vehicles which are licensed or
certified by Dade County or other governmental agencies.
(F) Compliance Required
(1) FLAT, MURAL, NAME PLATE, PROJECT ID, MANSARD OR SHED
ROOF, TEMPORARY, INFORMATION WINDOW and PERMANENT
WINDOW signs shall comply with required setbacks e f e.dsffig faeflities er
.equiaeu YaFd setb ,,.k fer ne • fae flifies and must be directly affixed to a building
surface.
(2) All signs shall comply with the structural, electrical and safety requirements of the
South Florida Building Code and all other applicable codes.
(3) All signs shall comply with the triangle of visibility requirements of Section 20-
3.6G.
(4) All signs shall comply with the Code regulations applicable to nonconforming
uses.
(5) The premises owner, tenant or erector of the sign shall be held responsible for
any compliance violations.
(6) STREET ADDRESS IDENTIFICATION, MENU BOARD, CONSTRUCTION,
DETACHED, DIRECTIONAL, GARAGE SALE, LANDSCAPE, REAL
ESTATE and HANGING signs may be double- sided; however, permitted area is
computed from the physical dimensions of the sign for one side only. c__h sign
Signage Revision Ordinance Page # 4
(7) AWNING and HANGING SIGNS are permitted to project over the public right -
of -way, eighteen (18) inches from any curb line and provide a minimum
unobstructed, clear space of seven and one -half (7.5) feet between grade and the
bottom of the sign. HANGING signs are permitted to be double sided and
erected perpendicular to the address street front of the establishment advertised.
(G) Removal Procedures
(1) Any sign or sign structure which is neglected, decrepit, dilapidated, not well
maintained or in violation of these regulations shall be removed, after due notice
to the owner or lessee of the site or sign is given.
(2) The City shall remove or cause to be removed, at the owner's expense, any sign
erected or maintained in conflict with this Code if the owner or lessee of either
the site or the sign fails to correct the violation within three (3) working days after
receipt of written notice of the violation. Sign removal by the City shall not affect
any proceedings instituted prior to the removal of such sign.
(3) Any sign previously associated with a vacated premises shall be:
(a) removed from the premises by the owner or lessee no later than three (3)
months from the time such activity ceases to exist; or
(b) altered by the owner or lessee within the same time period (specified in
subsection (G)(3)(a) above so that the sign shall not display any
information pertaining to the activity formerly associated with the vacated
premises.
(H) Permitted Sign Schedule
(1) Signs shall be permitted in the various zoning districts in accordance with the
€ellewing schedule contained herein.
(2) Conditions relating to the number and size of permitted sign types are indicated
by number and are further defined in Section 20- 4.3(I) Permitted Sign Conditions.
(3) An asterisk in a district column indicates that signs of that particular type are not
permitted.
31 (4) Whenever a business is an existing non - conforming use;.. such an establishment
32 shall be permitted to erect signage as if the business were located in the most
33 restrictive zoning district where the use is permitted, excluding those districts
34 where the use is permitted via a special use permit.
Signage Revision Ordinance Page # 5
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
PERMITTED SIGN SCHEDULE
Zone
Sign Type
RS
RT
RM
RO
H
LO
MO
NR
SR
GR
I
PR
PI
ADDRESS ID
1
1
1
1
N/P
N/P
N/P
N/P
N/P
1
AWNING
N/P
N/P
N/P
N/P
N/P
2
2
2
N/P
N/P
CONSTRUCTIO
3
3
4
3
4
4
4
4
4
4
DETACHED
N/P
N/P
N/P
N/P
N/P
N/P
N/P
5
N/P
N/P
DIRECTIONAL
N/P
6
6
7
7
8
8
8
8
9
FIAT
N/P
N/P
N/P
10
11
12
13
14
15
16
GARAGE SALE
17
17
N/P
N/P
N/P
N/P
N/P
N/P
N/P
N/P
HANGING
N/P
N/P
N/P
N/P
N/P
N/P
18
N/P
N/P
NIP
LANDSCAPE
N/P
19
19
19
19
19
19
19
19
19
MENU BOARD
N/P
N/P
N/P
N/P
N/P
N/P
N/P
20
20
N/P
MURAL
N/P
21
21
21
21
21
21
21
21
21
NAME PLATE
N/P
N/P
N/P
22
22
22
23
23
23
23
POLITICAL
24
24
24
24
24
24
24
24
24
N/P
PROJECT ID
N/P
25
25
N/P
N/P
N/P
N/P
N/P
N/P
N/P
PROJECTING
N/P
N/P
N/P
N/P
N/P
N/P
26
N/P
N/P
N/P
REAL ESTATE
27
27
27
28
28
28
28
28
28
28
ROOF
N/P
N/P
N/P
N/P
N/P
29
29
29
N/P
N/P
TEMPORARY
N/P
N/P
N/P
30
30
30
30
30
30
30
TOW AWAY
N/P
31
31
31
31
31
31
31
31
N/P
WINDOW
N/P
N/P
N/P I
N/P
N/P
32
32
32 1
N/P
N/P
24 N/P NOT PERMITTED
Signage Revision Ordinance Page # 7
1 (I) Permitted Sign Conditions
2 (1) One (1) ADDRESS IDENTIFICATION SIGN per premises -peFmi , not to
3 exceed one (1) square foot in area, where no individual character shall exceed
4 four (4) inches in height.
5 (2) One (1) AWNING SIGN per each awning ' , not to exceed five (5)
6 square feet in area for every ten (10) linear feet of awning facing the address
7 street frontage, where no individual character may exceed six (6) inches in height.
8 (3) One (1) CONSTRUCTION SIGN per lot, not to exceed four (4) square feet in
9 area nor six (6) feet in height to be erected only during the progress of actual
10 construction.
11 (4) One (1) CONSTRUCTION SIGN per lot, not to exceed sixteen (16) square feet
12 in area nor eight (8) feet in height for sites of less than five (5) acres in area to be
13 erected only during the progress of actual construction.
14 For sites of five (5) acres or more in area, such signs shall not exceed thirty-two
15 (32) square feet in area nor eight (8) feet in height to be erected only during the
16 progress of actual construction.
17 (5) DETACHED SIGNS:
18 (a) A minimum street frontage of one hundred (100) linear feet for one
19 detached pole sign is required; an additional detached pole sign shall be
20 permitted on property with three hundred (300) linear feet of street
21 frontage or greater on property under single ownership;
22 (b) direct illumination permitted;
23 (c) no portion of a sign, including its support structure, shall be closer than
2 4. three (3) feet, , to the property line;
25 (d) Each permitted sign shall not exceed thirty-five (35) square feet in area nor
26 twelve (12) feet in height from grade.
27 (e) For shopping centers, only two (2) signs may be permitted not to exceed
28 twenty -five (25) square feet in area each nor twelve (12) feet in height
29 from grade.
30 (6) Two (2) DIRECTIONAL SIGNS per lot, not to exceed two (2) square feet in
31 area per sign nor four (4) feet in height. Indirect illumination permitted.
32 (7) Two (2) DIRECTIONAL SIGNS per lot, not to exceed two (2) square feet in
33 area nor four (4) feet in height per sign. Direct illumination permitted.
Signage Revision Ordinance Page # 8
1 (8) Two (2) DIRECTIONAL SIGNS per lot, not to exceed five (5) square feet in
2 area per sign nor four (4) feet in height. Direct illumination permitted.
3 (9) DIRECTIONAL SIGNS, not to exceed four (4) square feet in area per sign nor
4 four (4) feet in height. Direct illumination permitted.
5 (10) One (1) FLAT sign not to exceed six (6) square feet in area, nor six (6) feet in
6 length,
7 (11) FLAT SIGNS with a total aggregate sign area, not to exceed two (2) square feet
8 in area for every ten (10) feet of linear street frontage; this signage may , fdy 3-
9 on the front (i.e.
10 address) side of the property. Additional
11 flat sign FLAT SIGNS t4n thp. _ faeifig the side street. The area ef said sigft
12 shall net emeeed fifty (59) peFeent ef the pemiitted area of the &ent flat sigfi.
13 Signs may be permitted on any building side, other than the front of the building,
14 whieh rarer , street eF alley, but may not in total exceed 50% of the permitted
15 front flat signage footage, as long as the signs do not face a residential district.
16 Direct illumination permitted.
17 (12) FLAT SIGNS with a total aggregate sign area, not to exceed. five (5) square feet
18 in area for every ten (10) feet of linear street frontage; this sipage may eflly-4�e
19 jeeated en the building faee whieh is faeing the address street. on the front (i.e.
20 address) side of the property. Additional
21 flm sign FLAT SIGNS en the wall facing the side st-reet. -Thee awmea 14- sa—id sign
22 shall not ,,xeeea fifty icm ef:eent e f the e,. ittea e f the fie fit flat
is � .i 1111 �./V� VVL VVlli VL LL�i LV1111iFLV�Cl1^ Sign.
23 may be permitted on any building slide, other than the front of the building,
24 but may not in total exceed 50% of the permitted
25 front flat signage footage, as long as the signs do not face a residential district.
26 Direct illumination permitted.
27 (13) FLAT SIGNS with a total aggregate sign area, not to exceed ten (10) square feet
28- in area for every ten (10) feet of Iinear street frontage; this signage may ealy 1-e
29 leeated ea the building face hi h f the address street on the front (i.e.
1u111G Ll1VV ♦ LIi GZl LS tRl�lL1 C -C!Z
30 address) side of the property. GJ Additional
31 flat sign FLAT SIGNS Ate- the -ivyll faeiiag- the -side tmet ,• hieh shall -pet:;*ePiad
32 fifty (40) p Bent of the permitted area - a €the fxensat sign. Signs- may be
33 permitted on any building side, other than the front of the building, whieh - €aees -a
34 street 8F alley, but may not in total exceed 50% of the permitted front flat signage
35 footage, as long as the signs do not face a residential district. Direct Illumination
36 Permitted.
37 (14) FLAT SIGNS with a total aggregate sign area, not to exceed fifteen (15) square
38 feet in area for every ten (10) feet of linear street frontage on the front (i.e.
39 address) side of the property; this signage may only be leeated on the building
40 faee -which isf6eing the address street; and no single sign shall exceed one
41 hundred and fifty (150) square feet in area.
Signage Revision Ordinance Page # 9
1 (4� Additional flat FLAT SIGNS en the wall faring the side sty-ee . The
2 aFea, ef said sign shall net e-ieeed fifty (50) peFeent ef the area ef the peffflitted
3 ffent flat sign. Signs may be permitted on any building side, other than the front
4 of the building, whieh f4ees a ° +r°°+ of alley, but may not in total exceed 50% of
5 the permitted front flat signage footage, as long as the signs do not face a
6 residential district. Direct illumination permitted.
7
8 (15) One (1) FLAT SIGN per establishment, not to exceed thirty (30) square feet in
9 area; -said sign may .vly be l., ate an the building faee :rl�i....i�' faoi g the
.... .. ....,,.mob �,.
10 address stFee on the front (i.e. address) side of the property C,.,aer- lets shall
11 Additional flab sign FLAT SIGNS eft the wall f4eitig the
12 side stFeet. The area I . I .' shall net eNeeed fifty (50) per-eent of the
13 peFmitted afea ef the, 4eat flat sign. Signs may be permitted on any building side,
14 other than the front of the building, , but may not in
15 total exceed 50% of the permitted front flat signage footage, as long as the signs
16 do not face a residential district. Direct illumination permitted.
17 (16) FLAT SIGN&
18 --{n}- —One (1) FLAT SIGN, not to exceed twenty (20) square feet in area_
19 ----(b One (1) detached bulletin board permitted for each church, temple or
20 synagogue only, not to exceed ten (10) square feet in area. Indirect
21 illumination permitted.
22 (17) One (1) GARAGE SALE SIGN is permitted per single - family residential dwelling
23 unit, one -time only, for one day only, per each calendar year, not to exceed two
24 (2) square feet in area. Said sign may only be erected on the private property
25 where the garage sale is to be located from sunrise to sunset.
26 (18) One (1) HANGING SIGN per establishment, per facade adjacent to a sidewalk to
27 be 3 feet by 1 foot in size, with a longer side being perpendicular to the building
28- wall, and having a seven and one -half (7.5) foot clearance between the bottom of
29 the sign and sidewalk.
Signage Revision Ordinance Page # 10
38
Lew latensity
Qffiee
"L92, the Medbil-Iffil
„.
Signage Revision Ordinance Page # 10
1
2 stFuetur-e; and
5
�.
7 ,.
8 nef twenty (20) square feet in area, may be permitted per lot, except for a
9 lot zoned RT, where one landscape sign maybe permitted for a whole
10 townhouse community.
11
12
fflaftfieF,
13
14 (20) One (1) MENU BOARD SIGN shall be permitted at a licensed CONVENIENCE
15 RESTAURANT (FAST FOOD), not to exceed thirty -five (35) square feet in area
16 nor seven and one -half (7.5) feet in height.
17 (21) One (1) MURALS SIGN is peffaitted peF , �her-e said muFal sign
18
19 . 1 gFaphie matea.-4-all anad bee, ii-4; 11-iteo eff a-111 eathef signage. Mur-al signs
20 . and other
21 similar artistic representations may be permitted in a size and position approved
22 by the Environmental Review and Preservation Board. Said murals and other
23 similar artistic representations shall exclude any wording and business logos.
24
25 (22) One (1) NAME PLATE identification sign per licensed business establishment,
26 not to exceed ene -(1) three 3 square feet feet in area. Indirect illumination
27-- permitted.
28 (23) One (1) NAME PLATE identification sign per licensed business establishment,
29 not to exceed erne -(1) two 2 square feet feet in area. Direct illumination
30 permitted.
31 (24) One POLITICAL OR CAMPAIGN SIGN may be permitted as provided in Dade
32 County Code of Ordinances.
33 (25) One (1) PROJECT IDENTIFICATION SIGN per lot, not to exceed four (4)
34 square feet in area. Indirect illumination permitted.
35 kZQ One (1) PROJECTING SIGN per establishment, per facade adjacent to a
36 sidewalk, not to exceed six (6) square feet in area with the face(s) being
Signage Revision Ordinance Page # 11
1 perpendicular to the building wall, and having a seven and one -half (7.5 ) foot
2 clearance between the bottom of the sign and sidewalk.
3 (27) One (1) REAL ESTATE SIGN per lot, not to exceed one (1) square foot in area.
4 The sign may be freestanding.
5 (28) One (1) REAL ESTATE SIGN per lot, not to exceed six (6) square feet in area.
6 For sites of five (5) acres or more in area, such signs shall not exceed twenty -four
7 (24) square feet in area. The sign may be freestanding.
8 (29) One (1) MANSARD OR SHED ROOF SIGN
10 slat not to exceed ten (10) square feet in area per ten (10) linear feet of store
11 frontage. Said sign and must to be contained within the face of the mansard roof,
12 parallel to the face of the building, and may not extend beyond any edge of the
13 roof. All lettering must be firmly affixed to the surface of the roof. Indirect
14 illumination permitted. Said sign shall replace all permitted flat signs for the
15 business establishment.
16 (30) One TEMPORARY sign may be permitted by special permit issued by the City
17 Manager. Only one sign is permitted per calendar year for each licensed business
18 establishment. Each sign shall be permitted for no more than 30 days, except that
19 this time limit may be extended by the City Manager twice, for 30 days each,
20 where total duration, including all, approved extensions, shall not exceed 90 days.
21 A temporary sign may be permitted up to thirty (30) square feet in area. A
22 temporary sign must be firmly affixed to the ffent faee building.
23 (31) TOW -AWAY ZONE SIGNS are permitted per Florida Statutes.
24 \ (32) PERMANENT NENT D A INT-E 1 OR NEON SIGNS 11si DI&P A v WINDOWS SIGNS,
25 not to occupy more than lied -fie ten (10) percent of the total glass area in
26 which tle- afe lec-a.ted such signs are placed. This calculation does not include the
27- area of information signs in windows; glass area shall be calculated as the area of
28 the opening in the face of the building which contains the window component;
29 individual panes within a mullioned window are calculated together as a single
30 glass area for signage purposes. Direct illumination permitted. (2)— Information
31 signs in display windows shall be limited to ten (10) percent of the total glass area
32 of each window in which such signs are placed; this calculation does not include
33 the area of permanent painted or neon signs in windows; .4ass area shall be
34 eeleulated s the of the iff the fe_ee_ef the building . hi t. .-a..
1L k 4 KU illt G1LU �I tiII<•
35 the " lIl{1 rinde .,er peneat; individual panes within a i ll° d windew
36
37 SECTION 2. If any section, clause, sentence, or phrase of this ordinance is for any
38 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
39 shall not affect the validity of the remaining portions of this ordinance.
Signage Revision Ordinance Page # 12
3
4
5
6
7
8
9
10
11
12
SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 4. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED THIS _ th DAY OF NOVEMBER, 1994.
Neil Carver
Mayor
ATTEST:
Rosemary J. Wascura
City Clerk
READ AND APPROVED AS TO FORM:
13
14- Earl G. Gallop
15 City Attorney
cAreports \sign.ord
Signage Revision Ordinance Page # 13
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Eddie Cox, City Manager
From: Dean Mimms, AICP
Director of Building, Zoning &
C munity Dev opme
Date: January 20, 1995
Re: Revisions to Sign Ordinance
This is to let you know that this department has drafted an ordinance which proposes several revisions to the
Sign Ordinance, which was last revised on June 1, 1993. The draft ordinance is not a wholesale revision to
the sign ordinance, but rather proposes revisions to portions of the existing regulations which have been
identified by staff to be in need of modification. A copy of Planner Slaven Kobola's memo and the draft
ordinance are attached.
It is my recommendation that more sweeping revisions to the sign ordinance which may be sought be forestalled
until the EAR process is completed. I am, however, prepared to put the currently proposed ordinance forward
with your concurrence. Please advise.
Ih
/14-
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Dean Minims, AICP Date: August 17, 1994
Director of Building, Zoning & Re: 9121194
Community Development Dept Re: 1120195
From: Slaven Kobola Re: Revision to the LDC,
Planner Section 20 -4.3 SIGN REGULATIONS
Please find below the revised Section 20 -4.3 SIGN REGULATIONS of the City of South Miami
Land Development Code as you requested.
Although this Section was revised on 6/1/93, the complaints (by property/business owners)
revealed a need for additional changes as follows:
(1) Complaints regarding the restriction of signs to facades facing the streets. The sign
regulations shall allow positioning of signs on any facade which the applicant deems
appropriate.
(2) ERPB recommended (December 21, 1993 meeting) that the City provide regulation(s)
which would encourage applicants to apply for murals and other similar artistic
representations (see attached Memorandum, April 5, 1994).
(3) Complaint by the Bank of Florida to the previous City Manager, Bill Hampton, about sign
regulations not allowing directional signage in their windows: I believe that their
complaint rather refers to them being inable to size the window signage to conform to the
present regulation of window signage sizing (max. 10% of the window area), and still to
respond to their desire to make these signs visible to drivers on Sunset Drive. Their
inability to install the desired signange is strenghtened by the fact that they already have
the window signage in excess of 10 %. In addition, the bank could install directional
signage in the rear of property where they have parking, but they do not consider this
option due to a lack of visibility to drivers on Sunset Drive. To accommodate their
request, we could change the sign regulations by increasing the size allowance for window
signs (from 10% to a higher number); however, as there are some buildings which do not
represent positive effect of excessive window signage (see grandfathered window signs
on Mack Cycle property; code enforcement files), it is a question if such a change would
be desirable and defensible, and especially when considering that such a regulation may
change the look of other commercial buildings.
(4) Notions of inadequacy of present regulations determining the size of signage: as presently
regulated, signage size is related, to the property frontage rather than to the building size;
ensuing is that, for example, properties on 71 Street, Pool Supply shop, Hotel Vila, and
117
/Y
doctor's offices, can have signage of approximately 20 to 30 square feet, regardless of their
building volume, which results in some buildings having signage too large (Pool Supply
shop) or too small (Hotel Vila).
Please note that the changes below address solely the issues raised in item numbers 1 and 2
above. This approach is implemented in order to expedite the changes which respond to the most
apparent complaints. However, I believe that the City's sign regulations shall rather be changed
as a whole, and according to'the newest sign regulation models.
The deletions are shown in s t- f -_ it t ttt t and additions are shown in under 1 ine font.
20 -4.3 SIGN REGULATIONS Revised 611193 by Ord. # 4 -93 -1533
(A) Purpose and Intent
Regulations affecting the design, erection and maintenance of signs
are established for the purpose of ensuring equitable means of
graphic communication, while maintaining a harmonious and
aesthetically pleasing visual environment within the City. It is
recognized by the City that signs form an integral part of
architectural building and site design and require equal attention
in their design, placement and construction.
(B) Applicability
L11 No sign, unless herein excepted, shall be erected,
constructed, posted, painted, altered or relocated, until a
permit has been authorized and issued by the Building -tmd,_
Zoning and Community Development Department pursuant to
Section 20 -5.16. Sian Permit Approvals.
(2) Signs in all zoning districts, except for PUD districts, shall
be subject to the regulations in this Section. Permitted sign
regulations for PUD districts are referenced in those sections
of this Code.
- (C) Exceptions
The following signs or displays may be erected without a permit or
review by the City, but shall comply with all structural and safety
requirements of the Building Code:
(1) City erected signage on City property or public rights -of -way,
official federal, state, county or city traffic information,
warning or danger signs, handicapped parking and all other
signage required by any applicable codes.
(2) One national flag of the United States of America and, in
addition, one other flag of choice [see § (3) below], not to
exceed 9 feet by 12 feet in size. Proper flag etiquette must
be followed.
l�
16
(3) One National flag or a flag of a political subdivision of the
United States, or a bona fide civic, charitable or fraternal
organization flag, not to exceed 9 feet by 12 feet in size
when - limited- te-etle- J- IJ- Proper flag etiquette
must be followed.
(4) Changing of copy on permitted bulletin boards, display
encasements or marquees, provided that no change is made in
the size or character of the sign.
(5 ) Signs on trucks, buses and other vehicles, while in use in the
normal course of business.
(6) Street address identification signs that do not exceed one
square foot in area.
(7) Construction, name plate, real estate, information window
signs, non - illuminated permanent window signs which are one
(1) sq ft or less in area, political or campaign signs, tow
away zone signs, and garage sale signs.
(D) Illumination
(1) No sign shall be either directly or indirectly illuminated
unless permitted within this Code.
(2) When a sign is permitted to be illuminated directly, it may
also be illuminated indirectly.
(3) Directly illuminated signs may give forth light or be
designed to reflect light from one or more sources erected
for the purpose of providing light for the sign, provided
that lighting is positioned so that none of the light shines
onto an adjacent property nor into the eyes of motorists or
pedestrians.
(4) Indirectly illuminated signs may not produce light from
within, nor be of neon, nor be neon - lighted, but such signs
may be illuminated by a light source not a part of, or
attached to, the sign itself.
(5) No reference to illumination shall be construed to mean that
all types of illumination are prohibited for that particular
category of sign.
(6) All signs which are electrically illuminated shall require
a separate electrical permit and inspection.
(E) Prohibited Signs and Sign Characteristics
No sign shall be constructed, erected, used, operated or
maintained which:
Ih
l7
(1) blinks, flashes, rotates or displays intermittent lights
similar to or resembling flashing lights customarily
associated with danger or customarily used by police, fire
or other emergency vehicles.
(2) uses the words "stop" or "danger" or implies the need or
requirement for stopping; or which is a copy or imitation of
an official sign. Prohibition of the words "stop" or
"danger" does not apply in instances when such words are
used in descriptive lines of advertising, so long as they
are not used to copy or imply any official traffic warning.
(3) creates a blended background of colored lights with traffic
signal lights which might confuse motorists when viewed
from a distance of up to three hundred (300) feet.
(4) projects over any public street, sidewalk or alley in a
single- family residential zoning district.
(5) is a snipe sign on either public or private property.
(6) is a balloon or blimp.
(7) is located on the roof or extends above the parapet of a
building, except for signs located on mansard or shed roofs
as permitted by Section 20- 4.3(H). Permitted Sign Schedule
where - site fi --s 4iftrs-- are
-- �erntr
shed - reefs- ar- e -rrj - *:^- r�-- et�ge --c-t- ire- �tsez- c� --�rrr
sued -reef-
(8) advertises products, services or establishments not
available on premises.
(9) is located on a back lit and translucent awning.
(10) is a flat or hanging sign not providing adequate clearance
above public walkways as required by the Land Development
Code and the South Florida Building Code.
(11) blocks egress, ingress, light or ventilation to a site.
(12) conveys the impression that property or structures can be
used for purposes not permitted by this Code or other
regulations.
(13) is a pennant, streamer or other fluttering, spinning or
similar type sign.
(14) is portable or movable, including those signs that are tied
down with metal straps, chaining or otherwise temporarily
anchored to an existing structure or other similar method of
anchoring.
I*1
0
(15) is a sign painted or affixed in any manner to any vehicle,
trailer or truck or similar transportable device and which
is used to advertise a place of business or activity as
viewed from a public right -of -way, except for:
(a) commercial vehicle signs when such vehicles are
operational and used daily for delivery or service
purposes and not used or intended for use as portable
signs, and
(b) buses, taxis or similar common carrier vehicles which are
licensed or certified by Dade County or other
governmental agencies.
(F) Compliance Required
(1) FLAT, MURAL, NAME PLATE, PROJECT ID, MANSARD OR SHED ROOF,
TEMPORARY, INFORMATION WINDOW and PERMANENT WINDOW signs
shall comply with required setbacks of -esg- €ate -ides
e - Lee�tri •e - -se bae}ts -- a
new - €ae•i-14-tries and must be
directly affixed to a building surface.
(2) All signs shall comply with the structural, electrical and
safety requirements of the South Florida Building Code and
all other applicable codes.
(3) All signs shall comply with the triangle of visibility
requirements of Section 20 -3.6G.
(4) All signs shall comply with the Code regulations applicable
to nonconforming uses.
(5) The premises owner, tenant or erector of the sign shall be
held responsible for any compliance violations.
(6) STREET ADDRESS IDENTIFICATION, MENU BOARD, CONSTRUCTION,
DETACHED, DIRECTIONAL, GARAGE SALE, LANDSCAPE, REAL ESTATE
and HANGING signs may be double - sided; however, permitted
area is computed from the physical dimensions of the sign
for one side only.-- St�e1�- see}rts- ate- be- permt- i°r- reeftrree2
pere� -s ie��cs ; --btrt - ��ta��- met - tri-t -arr -e -- eve-r--afty
(7) AWNING and HANGING SIGNS are permitted to project over the
public right -of -way, eighteen (18) inches from any curb line
and provide a minimum unobstructed, clear space of seven and
one -half (7.5) feet between grade and the bottom of the
sign. HANGING signs are permitted to be de»i��e- s #ded -ai
erected perpendicular to the address street front of the
establishment advertised.
(G) Removal Procedures
If7
19
(1) Any sign or sign structure which is neglected, decrepit,
dilapidated, not well maintained or in violation of these
regulations shall be removed, after due notice to the owner
or lessee of the site or sign is given.
(2) The City shall remove or cause to be removed, at the owner's
expense, any sign erected or maintained in conflict with
this Code if the owner or lessee of either the site or the
sign fails to correct the violation within three (3) working
days after receipt of written notice of the violation. Sign
removal by the City shall not affect any proceedings
instituted prior to the removal of such sign.
(3) Any sign previously associated with a vacated premises shall
be:
(a) removed from the premises by the owner or lessee no later
than three (3) months from the time such activity ceases
to exist; or
(b) altered by the owner or lessee within the same time
period (specified in subsection (G)(3)(a) above) so that
the sign shall not display any information pertaining to
the activity formerly associated with the vacated
premises.
(H) Permitted Sign Schedule
(1) Signs shall be permitted in the various zoning districts in
accordance with the fe +lewaimq schedule contained herein.
(2) Conditions relating to the number and size of permitted sign
types are indicated by number and are further defined in
Section 20- 4.3(I) Permitted Sian Conditions.
(3) An asterisk in a district column indicates that signs of
that particular type are not permitted.
(4) Whenever a business is an existing non - conforming use- --, such
an establishment shall be permitted to erect signage as if
the business were located in the most restrictive zoning
district where the use is permitted, excluding those
districts where the use is permitted via a special use
permit.
17
20
Note: The Permitted Sign Schedule table is proposed to he replaced by a new table, with all
permitted sign types and conditions in ascending order, conditions are modified in order to meet
the desired changes.
-Z Bi4-ar:kFE - -E3-3[- S9P i�-]E-EcP0
— — — — — — — — — — HfL9 ---------------------- BR
Sign-Type ------- RS --- RT --- RM --- R9 --- M9 --- NR --- SR --- GR ---- I --- RI --- Se-
ABBRESS- �EB ----
AwNiNG --------
eeNSTRUeTleN--
--------------
BETAeHEH ------
BiREeTIGNAE ---
FEAT ----------
GARAGE-SALE---
HANGiNG -------
BANHSeAPE -----
--------------
MALR@HEE -------
M£NH- B9ARB ----
MURAL ---------
NAME— PEATE ----
PeEiTEeAE -----
B9RTABRE------
PRejEeT- +B - - --
REAL-ESTATE ---
ReeR- tMAHSARB+
SN +PE ---------
TEMBeRARY - - --
TeW- ,kwAY -$eNH-
WI-NBeW;-iNBe®-
W +NBeW;- BERM - --
3- r-- sirge- - -the
Adea €eel - -�rei eAS -- �i3e---- ai----- �e�t-- a €---- i�t}tr}-e -irs
�Ae��es�ee�- bay€ i��A-€ �'t e- aen�ng- �tse- e��s���e €- e9�l37RtASr
Al
--*-
- - *-
--*-
- - *-
- - *-
-33-
-35-
-z�S-
- -�►-
- - *-
-z�3-
—38-
--*-
- *-
-z9-
-z8-
--*-
-33-
- - *-
3- r-- sirge- - -the
Adea €eel - -�rei eAS -- �i3e---- ai----- �e�t-- a €---- i�t}tr}-e -irs
�Ae��es�ee�- bay€ i��A-€ �'t e- aen�ng- �tse- e��s���e €- e9�l37RtASr
Al
PERMITTED SIGN SCHEDULE
1
Zane
RS
RT
RM
RO
H
LO
MO
NR
SR
GR
I
PR
PI
Sign Type `
ADDRESS ID
1
1
1
1
N/P
N/P
NIP
NIP
NIP
1
AWNING
NIP
N/P
NIP
NIP
NIP
2
2
2
NIP
NIP
CONSTRUCTION
3
3
4
3
4
4
4
4
4
4
DETACHED
NIP
N/P
N/P
N/P
NIP
N/P
NIP
5
N/P
NIP
DIRECTIONAL
NIP
6
6
7
7
8
8
8
8
9
FLAT
NIP
N/P
NIP
10
11
12
1 13
14
15
16
GARAGE SALE
17
17
NIP
NIP
NIP
NIP
NIP
NIP
NIP
NIP
HANGING
NIP
NIP
NIP
NIP
N /P"
NIP
18
NIP;
NIP
NIP
LANDSCAPE
NIP
19
19
19
19
19
19
19
19
19
MENU BOARD
NIP
NIP
NIP
NIP
NIP
NIP
NIP
20
20
NIP
MURAL
NIP
21
21
21
21
21
21
21
21
21
NAME PLATE
NIP
NIP
NIP
22
22
22
23
23
23
23
POLITICAL
24
24
24
24
24
24
24
24
24
NIP
PROJECT ID
NIP
25
25
NIP
NIP
NIP
NIP
NIP
NIP
NIP
PROJECTING
NIP
N/P
NIP
NIP
N/P
NIP
26
NIP
NIP
NIP,
REAL ESTATE
27
27
27
28
28
28
28
28
28
28
ROOF
NIP
NIP
NIP
NIP
NIP
29
29
29'
NIP
NIP'
TEMPORARY
NIP
NIP
NIP
30
30
30
30
30
30
30
TOW AWAY ZONE
N/P
31
31
31
31
31
31
31
31
NIP'
WINDOW
NIP
NIP
NIP
NIP
NIP
32
32 1
32
N /P'
NIP
NIP NOT PERMITTED
,a
(I) Permitted Sign Conditions
(1) One (1) ADDRESS IDENTIFICATION SIGN per premises - }�e -rftt3ttee,
not to exceed one (1) square foot in area, where no individual
character shall exceed four (4) inches in height.
(2 ) One ( 1) AWNING SIGN per each awning is- ri -t-°d, not to
exceed five (5) square feet in area for every ten (10) linear
feet of awning facing the address street frontage, where no
individual character may exceed six (6) inches in height.
(3) One (1) CONSTRUCTION SIGN per lot, not to exceed four (4)
square feet in area nor six (6) feet in height to be erected
only during the progress of actual construction.
(4) One (1) CONSTRUCTION SIGN per lot, not to exceed sixteen (16)
square feet in area nor eight (8) feet in height for sites of
less than five ( 5 ) acres in area to be erected only during the
progress of actual construction.
For sites of five (5)
not exceed thirty -two
feet in height to be
actual construction.
(5) DETACHED SIGNS:
acres or more in area, such signs shall
(32) square feet in area nor eight (8)
erected only during the progress of
(a) A minimum street frontage of one hundred (100) linear
feet for one detached /pole sign is required; an
additional detached /pole sign shall be permitted on
property with three hundred (300) linear feet of street
frontage or greater on property under single ownership;
(b) direct illumination permitted
(c) no portion of a sign, including its support structure,
shall be closer than three ( 3 ) to
the property line;
(d) Each permitted sign shall not exceed thirty -five (35)
square feet in area nor twelve (12) feet in height from
grade.
(e) For shopping centers, only two ( 2 ) signs may be permitted
not to exceed twenty -five (25) square feet in area each
nor twelve (12) feet in height from grade.
(6) Two (2) DIRECTIONAL SIGNS per lot, not to
square feet in area per sign nor four (4)
Indirect illumination permitted.
exceed two (2)
feet in height.
s�
23
(7) Two (2) DIRECTIONAL SIGNS per
square feet in area nor four
Direct illumination permitted.
(8) Two (2) DIRECTIONAL SIGNS per
square feet in area per sign
Direct illumination permitted.
lot, not to exceed two (2)
4) feet in height per sign.
lot, not to exceed five (5)
nor four (4) feet in height.
(9) DIRECTIONAL SIGNS, not to exceed four (4) square feet in area
per sign nor four (4) feet in height. Direct illumination
permitted.
(10) One (1) FLAT sign not to exceed six (6) square feet in area,
nor six ( 6 ) feet in length; --t-o- -fie -3 -ems-- erg --tte--CSC}
aelelreee- s�ele -e €- the- br���el�ng .
(11) FLAT SIGNS with a total aggregate sign area, not to exceed two
(2) square feet in area for every ten (10) feet of linear
street -en --tie
bg�eing- €aee�aprpr -mac -i- Wig- - tire- ±xrr-T= -see,e on the front
(i.e. address) side of the .property. earner -de s- rEri -i--�e
permittedl -ene Additional € -lat—s -iln FLAT SIGNS en -t-4 e
�ae�s- €aem�- ewe --'set
said
exeeeel- ��tt�- f59�- pereent -e €- the- perm�tteel- arse -e� -the- €rent
f }et- srr- --gr�s -may be permitted on any building side, other
than the front of the building, �thteh- €asset- $-- gt-�et ta��er;
but may not in total exceed 50% of the permitted front flat
signage footage. as long as the signs do not face a
residential district. Direct illumination permitted.
(12) FLAT SIGNS with a total aggregate sign area, not to exceed
five (5) square feet in area for every ten (10) feet of linear
street frontage may
-- c�rr- }oee- e�- ee --he
buildinj- € on the front
(i.e. address ) side of the property. garner -- leis - Frei -3 -fie
perm tteel- vee-- {- i-}- -a Additional FLAT SIGNS erg - *-*e
ree- rtrf- s�i�l- s3e�e- s�ia�� -set
exeeeel ® -the - f rent
may be permitted on any building side, other
than the front of the building,
but may not in total exceed 50% of the permitted front flat
signage footage, as. loncr as the signs do not face a
residential district. Direct illumination permitted.
(13 ) FLAT SIGNS with a total aggregate sign area, not to exceed ten
(10 ) square feet in area for every ten (10 ) feet of linear
street frontage--- t-i-e- s}rr$ee- ra on -the
bn44el +ng- € on the front
(i.e. address ) side of the property. garner - des- rfr3 -i --be
perritteel- ame Additional €fat -s in FLAT SIGNS en--t *e
bae��- .�e�trzg- ��re- e- i- de•- �-=-Y- �rri- f�►_- -s��ai- i--no� e�ceeeel- ���t�r -f59�
pereent -e €- the- perm�tteel- arse -e�- the -gent- €het- s�gn-- -S�gn9
may be permitted on any building side, other than the front of
147 the building, wheh- €gees- $- srret --o-- tai -i-e but may not in
a�
total exceed 50% of the permitted front flat signage footage
as long as the signs do not face a residential district.
Direct Illumination Permitted.
(14) FLAT SIGNS with a total aggregate sign area, not to exceed
fifteen (15) square feet in area for every ten (10) feet of
linear street frontage on the front ( i . e. address-)- side of the
property; i-�jftq
no single sign
shall exceed one hundred and fifty (150 ) square feet in area.
eerner- fete- shal-1 --bP& Additional - €1-at -ern
FLAT SIGNS en- the- ra��-- €rg- -t-re•--si-d�-s?'°�°�� area -e€
ss�e�- sie}n- ehs��- nee- e�eeed- €� €tp- f58�- }sereent -e€ -the- area -e€
the- permrttiee� - €rerr € --�-i- car--- i-grrs may be permitted on any
building side, other than the front of the building, whieh
€sees- a- st --�-3 but may not in total exceed 50% of
the permitted front flat signage footage, as long as the signs
do not face a residential district. Direct illumination
permitted.
(15) One (1) FLAT SIGN per establishment, not to exceed thirty (30)
square feet in area- s -a-� -- map- en�r --be- mac- -an -ire
b��dhq -€ gee•- }�ri- 3- g- ne�t3�e- ae?- 4 -== —on the front
(i.e. address) side of the property. earner -- -let -3- -e4ia4.-i --he
perm4:tted t Additional € +et -s4:qn FLAT SIGNS en - -t+he
Wa��- €ererl�e --9- ids• -T-T - -- ire - gee- o-€- sase�� -9ha�� -net
exeeer2- €��t�- f56�- pereent -e €- the- �er�n�tted -eree- a € -she- €rent
€�st-- airr-- -irtrts may be permitted on any building side, other
than the front of the building, t�hteh- €sees- a•ta��er;
but may not in total exceed 50% of the permitted front flat
signage footage, as long as the signs do not face a
residential district. Direct illumination permitted.
(16 ) FEAT- S�FGNSt
--- - -fa+- -one (1) FLAT SIGN, not to exceed twenty (20) square feet
in area_ - -snd
- - -- -fhb- -One (1) detached bulletin board permitted for each
church, temple or synagogue only, not to exceed ten (10)
square feet in area. Indirect illumination permitted.
(17) One (1) GARAGE SALE SIGN is permitted per single - family
residential dwelling unit, one -time only, for one day only,
per each calendar year, not to exceed two (2) square feet in
area. Said sign may only be erected on the private property
where the garage sale is to be located from sunrise to sunset.
(18 ) One (1) HANGING SIGN per establishment, per facade adjacent to
a sidewalk to be 3 feet by 1 foot in size, with a longer side
being perpendicular to the building wall, and having a seven
and one -half ( 7.5 ) foot clearance between the bottom of the
It7 sign and sidewalk.
(19) One lew- pre €lle LANDSCAPE SIGN may be permitted per lot of
land, not to exceed whew- app�e�ee}- ��- t- e- nr -'3-e�
and - Peeler wi4: es-B eard- st- s- vejt14: aelp- 5ehedtlled- ERPB - Meeting
and- appreFtee� -iap t-�3e- -i --e -a4a- - a- +ttb'14e- Rea -r-�nq -where
the
a- i�ese�ttt�en- �- s- �ogt�- -may--- t- �e --e3 -� iti�e-- �o-t- e•- a €- €atr�- f 4�
2ltp- C- c�ntmn�- f-- appre�el -o- €- tire - used- landseage
s�e�n----- 3- tr- e�de�- �-- he-- aeee�stee�- fc�r- f�trs3��-i�xr- -e�esy
prepesed-- �- aciape• -- sir- �rtrs� - meet-- a��- -o-f- -- the-- €elle�a�ne�
er�ter�a- �s- add�tien -te- all - ether- Bede- ree�t��rements�
- - - -- fed -- the- �andseape- s�qn- �a�r -3�e- permitted -en- premises- leeeted
�n -- airy-- c� €- ��ie-- L�?�- �►_��rs�#=y --9€ €wee- �'�E?� ;--= tire- Med�ct�n-
�aenstp- €€- iee•��e- the- lioe�rt- erg- ��Y�-8- 9str #et
�al�e�e -- tie-- -�cxrt - btr3r}- setae - •..die- regai-red
gent- �srd- setheei�- 3�� -at- feast - twenty -f�9�- €eat -far -the
pr�nelpel- strttett�re- -and
- - - -- fhb -- the- �andsespe -s�qn- shell- rep�aee- alb- pernt�tted - €lat -and
w +ndew-- ei-j"-- i-ft td- - txr--ftad - -s ee t� es - -en
preen +ses ± -and
- - - - -f e � - -�lsie - �al�see�9e- s° •ii�lT- s•Yie- l-�- �3e�- a-de�eE� ; -�et�r -}ref 3�e-9 �gn
Wh�eh -mss- either- e€- s- s�ngfe- feee- er- detti9�e -feee- design-
fd�-- ��te- d.a�ses�e--s
heght- frets- grede� -ser twenty (20) square feet in area.
¢e� -- eke -far sespe- -� �e- frpgrop�r� -a �3- --i ends ea -4e -e
erehtteete�re -ef - the- st�rret�rtdng- pre�n�ses-
(20) One (1) MENU BOARD SIGN shall be permitted at a licensed
CONVENIENCE RESTAURANT (FAST FOOD), not to exceed thirty -five
(35) square feet in area nor seven and one -half (7.5) feet in
height.
( 21) ®ne -+I. MURALS S16H -3s --Seri grit -
m mt:ral- s�ejrt- will- replaee- e��- e�lst�nq- and- per��ttee�- s�e}nege --
�fhe -- --any s- i - -grep t e
materi-a -1- and - -50 3:3:
s �qns- n�e�- �e- pez- nrrtt- e�- ott-- erry-- btr3�.�i��- art,�e- Boa- i�i���ie -a ppre�e�
of the -ERPB. and other similar artistic representations may be
artistic—"e resentations shall exclude any wording and
business logos.
(22) One (1) NAME PLATE identification sign per licensed business
establishment, not to exceed ene --f -Ij three (3) square feet
feet in area. Indirect illumination permitted.
(23) One (1) NAME PLATE identification sign per licensed business
(7 establishment, not to exceed ene -¢l+ two (2) square teat feet
in area. Direct illumination permitted.
r��7
(24) One POLITICAL OR CAMPAIGN SIGN may be permitted as provided in
Dade County Code of Ordinances.
(25) One (1) PROJECT IDENTIFICATION SIGN per lot, not to exceed
four (4) square feet in area. Indirect illumination
permitted.
(26)_ One (1)_ PROJECTING SIGN per establishment, per facade adjacent
to a sidewalk, not to exceed six ( 6 ) square feet in area, with
the face(s) being perpendicular to the building wall. and
having a seven and one -half (7.5) foot clearance between the
bottom of the sign and sidewalk.
(27 ) One (1) REAL ESTATE SIGN per lot, not to exceed one (1) square
foot in area. The sign may be freestanding.
(28 ) One ( 1) REAL ESTATE SIGN per lot, not to exceed six ( 6 ) square
feet in area. For sites of five (5) acres or more in area,
such signs shall not exceed twenty -four (24) square feet in
area. The sign may be freestanding.
(29 ) One (1) MANSARD OR SHED ROOF SIGN
�xansarc�-
rae�--- Beere�ee}rs -ete�� not to exceed ten (10)-square feet in
area per ten (10) linear feet of store frontageT- Sd ,d- i
and Must to be contained within the face of the mansard roof,
parallel to the face of the building, and may not extend
beyond any edge of the roof . All lettering must be firmly
affixed to the surface of the roof . Indirect illumination
permitted. Said sign shall replace all permitted flat signs
for the business establishment.
(30) One TEMPORARY sign may be permitted by special permit issued
by the City Manager. Only one sign is permitted per calendar
year for each licensed business establishment. Each sign
shall be permitted for no more than 30 days, except that this
time limit may be extended by the City Manager twice, for 30
days each, where total duration, including all approved
extensions, shall not exceed 90 days. A temporary sign may be
permitted up to thirty (30) square feet in area. A temporary
sign must be firmly affixed to the Arent- €eee -et -s building.
(31) TOW -AWAY ZONE SIGNS are permitted per Florida Statutes.
(32 ) iEG -@}I WINDOWS SIGNS. not
to occupy more than 1 +mited -te ten (10) percent of the total
glass area in which such signs are placed.
This calculation does not include the area of information
signs in windows; glass area shall be calculated as the area
of the opening in the face of the building which contains the
window component; individual panes within a mullioned window
are calculated together as a single glass area for signage
purposes. Direct illumination permitted. fe + + -- Information
signs in display windows shall be limited to ten (10) percent
V
of the total glass area of each window in which such signs are
placed; this calculation does not include the area of
permanent painted or neon signs in windows-- jIaes- area -skejj
within- a- rrr��o-- rrtc- airt�ei-E�trl- t-- t-ore� as- a- srse��e
guess -a�ee- €ems- s�e}rtae}e- pe��peses .
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