06-06-95Mayor:
Vice Mayor:
T7
Neil Carver
R. Paul Young
Commissioner: Ann B. Bass
Commissioner: Thomas Todd Cooper
Commissioner: Tom Cunningham
CITY COABUSSION AGENDA
Regular City Commission Meeting
Meeting date: June 6, 1995 6130 Sunset Drive, So. Miami, FL
Next Meeting date: June 13, 1995 Phone: (305) 663 -6340
Time: 7:30 P.M.
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:
C. Presentations:
1. Chief Hernandez, Police Department
a. Vernon Jones, Central Outreach Coordinator
Re: (H.I.D.T.A.)
b. Introduction of newly sworn police officers
c. Plaque presented by the City of Coral Gables
ITEMS FOR COMMISSION'S CONSIDERATION:
2. Approval of Minutes - May 16, 1995
3. City Manager's Report
4. City Attorney's Report
CONSENT AGENDA
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the proper officials to
provide appropriate documentation to the Interim City Clerk
for the placement of her signature on file with the City's
Depository; rescinding Resolution No. 44 -81 -3980.
(Administration /Finance Dept.) 3/5
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving City Attorney fees in the
amount of $4,797.25 to be charged to Account No. 1500 -3410.
(Administration) 3/5
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $7,451.28 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
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $2,000.00 representing fees incurred for
professional Engineering Services by M.C. Harry and
Associates, Inc. regarding additional cost and presentation
for the Downtown Redevelopment and charging the disbursement
to Account No. 01 -2100 -5590: "Long Range Planning."
(Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to
reimburse Barbara Acker for her services to the City of South
Miami in planning and coordinating the 1994 Santa's Parade of
the Elves. Payment shall be made from Account #01 - 200 -5510,
Non - Departmental General Contingency.
(Administration) 3/5
Agenda, June 6, 1995 2
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida to reimburse Barbara Acker the sum of not
more than $2, 000 for her services in planning and coordinating
the 1995 annual Santa's Parade of the Elves. Payment shall be
made from Account NO. 01- 200 -5510, Non - Departmental General
Contingency.
(Administration) 3/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
funds not to exceed the sum of $5,360.00 for the purchase of
twenty (20), two (2) yard garbage containers for the Solid
Waste Division and charging the disbursement to Account No.
1720 -6430 "Operating Equipment."
(Administration /Public Works) 3/5
ORDINANCES) - SECOND READING AND PUBLIC READING
There are none
RESOLUTIONS) FOR PUBLIC HEARING
12. 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)
10Exemptions" 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.
(Administration /Building & Zoning) 3/5
RESOLUTIONS)
13. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida establishing a "Charrett Too
Implementation Committee "; providing for duties of this
Committee; providing for time period for this committee to
carry out its duties; and appointing members.
(Mayor Carver) 3/5
14. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, appointing Susan Redding as the City of
South Miami Agent of record for Group Life and Health
Insurance.
(Administration) 3/5
Agenda, June 6, 1995 3
15. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $3,186.12 representing fees incurred for legal
services by Parenti, Falk, Waas & Frazier regarding seized
items by the Police Department and charging the disbursement
to Account No. 15- 1910 -3100: "Professional Services ", Federal
Forfeiture Account.
(Administration /Police Department) 3/5
ORDINANCES) — FIRST READING
16. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending Article III of the Land
Development Code, providing for "RS -511 Small Lot Single Family
Residential District; establishing RS -5 Zoning Classification
for the McKeever Terrace Subdivision; amending the Official
Zoning Map; providing for severability, ordinances in
conflict, and an effective date.
(Administration /Building & Zoning) 4/5
PUBLIC REMARKS
COMMISSION REMARKS
AGIN65
Agenda, June 6, 1995 4
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, APPOINTING SUSAN REDDING AS THE
4 CITY OF SOUTH MIAMI AGENT OF RECORD FOR GROUP LIFE AND
5 HEALTH INSURANCE.
6
7 WHEREAS, the City Commission wishes to appoint Susan Redding, a resident of the
8 City of South Miami, to serve as Agent of Record for group life and health insurance at no cost
9 to the City; and
10 WHEREAS, Ms. Redding has eighteen years of experience in this capacity and would
11 be an asset to the administration in all matters of group life and health insurance.
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
14 Section 1. Susan Redding is hereby appointed as the Agent of Record for group life and
15 health insurance for the City of South Miami to serve in such capacity until a successor is duly
16 appointed and qualified.
17
18
19
20
21
22
23
24
25
26
27
Section 2. That this resolution shall be effective immediately and after adoption hereof.
PASSED AND ADOPTED this
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
28 a \srhWdn.ms
/7
day of June, 1995.
APPROVED:
MAYOR
Awdmfth�
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission
From: ' /die Cox
City Manager
/2
REQUEST:
Date: June 1, 1995
06/06/95 City . Commission Agenda
Re: Item #/1 Resolution for Landscaping
Exemption and Special Parking Permit
Applicant: Robert N. Strickland, Sharon Strickland, Edward Pawley III and Clara Pawley
Request #l: 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 applicant's request was deferred February 21, 1995, (see attached Commission Minutes)
and sent to the Planning Board for review, due to changes that the applicant had proposed at
the February 21, 1995 City Commission Meeting which the Planning Board had not reviewed.
The applicant has withdrawn the proposed changes and is approaching the City Commission
for a final decision regarding the originally presented request, which received the unanimous
recommendation for approval on January 10, 1995, by full vote of the Planning Board (7:0).
RECOMMENDATION:
Approval.
P
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,
/_�11
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 Pawley 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 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 �r
15 automotive use at the subject property is granted. f�F � cS Lodes, --t d �:
16 SECTION 3. That the recommendations presented by staff be incorporated by the 1q'
17 applicant into the final drawings to be submitted for permits.
18 SECTION 4. That the recorded unity of title for the subject property be placed on file
19 in the records of the Building, Zoning & Community Development Department.
20 PASSED AND ADOPTED THIS 13� DAY OF JUNE, 1995.
21
t*m�G Neil Carver
23 v Mayor
24 ATTE T: �= ( Et / wp/S�� n cis y L��.. fi �.l z $� 4 �' �/t p lA Y,
ter, ! AV
25 `
26 Ronetta Taylor
27 City Clerk
28
29
30
31
W
READ AND APPROVED AS TO FORM:
Earl G. Gallop
City Attorney
cAwpdocs \p1anning\report027
RESOLUTIONS FOR PUBLIC HEARING
RESOLUTION NO.
#10 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
AND 5786 PROGRESS ROAD.
Moved by Commissioner Cunningham, seconded by Vice -Mayor
Young, the resolution be adopted and assigned the next number by
the City Clerk.
Mayor Carver deemed public hearing in session.
1) Carter McDowell, attorney with Fine, Jacobson, 801.Brickell
Avenue, addressed the Commission on behalf of the applicant. After
meetings with Building, Zoning & Community Development, it is the
suggestion of Director Mimms that this item go back to the Planning
Board with the suggested changes that the applicant wishes to make.
It would come to the Commission after review by the Planning Board.
The applicant has no objection to this, if the Commission will so
move.
Mayor Carver noted that at the meeting of February 7th, Mr.
McDowell stated that he was speaking for the applicant and for the
property owner. The property owner, Mr. Strickland, has given
letters to the Commission that he wishes to have the item heard
this evening. Mr. Strickland, present at the meeting, stated that
he does not object to Mr. McDowell's request.
Moved by Mayor Carver, seconded by Commissioners Bass and
Cooper, that this item be sent back to the Planning Board after the
suggested changes are added by the applicant.
Motion passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea;
Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner
Cunningham, yea.
n
April 28. 1995
Dean Mimms
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re. COlorirz A= Tech Parking Reduction Searing
Dear Mr. Minims:
This letter will serve as our request that the Ciry move forward to reschedule this mater
before the C# Commission as soon as possible. Based on various discussions with you and
your office, we have determined that the installation of auwiifts is not feasible at this time.
Therefore, the request remains a request to modify the site plan as outlined by the City of South
Miami staff in the previous hearing. As you know, this requires that two bays be closed in
order to create two additional parking spaces on the sire. We would like approval to either wake
these physical modifications and create the two additional parking spaces on-site or, in the
alternative, provide two parking spaces off -site pursuant to the requirements of the City of South
Miami Zoning Code.
Since this requti is essentially identical to the request that was -previously before the City
_ Commission, we would ask that this matter be rescheduled before the City Commission as soon
as possible. Carter McDowell will be represcuring both our tenant and us in proceeding with
this hearing.
cc: Carter N. McDoweil, Fsq.
1
Very truly yours,
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CITY OF SOUTH MIAMI
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INTER- OFFICE NIENIORANDUM
To: Mayor & City Commission
From: Eddie Cox
City Manager
REOUEST:
Date: February 1, 1995
02/07/95 City Commission Agenda
Re: Item #/I : Resolution for Landscaping
Exemption and Special Parking Permit
Applicant: , Robert N. Strickland, Sharon Strickland, Edward Pawley III and Clara Pawley
Request #l: 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 Planning 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.
2
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Dean Mimms, AICP
Director of BZCD
Date: January 7, 1995
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 Pawiey
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 .f ifty (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 ERPB. 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.
i4
X,r,yjkCVO�aNrr I
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 Pawley 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 follows:
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:
Sect` i_ o0I. That the request of Robert Strickland, Sharon
Strickland, Edward Pawley 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 5786 Progress Road, South Miami, Florida,
be, and the same is, hereby denied.
W
PASSED AND ADOPTED this 5 th day of February, 1991.
APPROVED:
14AYOR
ATTEST:
CY ERK
READ AND APPROVED AS TO FORM:
7
CITY ATTORNEY
ATTACZWn�
'W z
RESOLUTION 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
PERCZNT FOR AN EXISTING STRUCTURE LOCATED WITHIN 500
FEET OF THE SOUTH MIAMI METRORAIL STATION BY ALBERTO
ARAUJO, ALEIDA ARAUJO, ALBERTO ARAUJO JR., ROBERT N.
STRICKLAND, SHARON STRICKLAND, EDWARD PAWLEY III, AND
CLARA PAWLBY FROM THY PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5770 and
5786 PROGRESS ROAD, SOUTH MIAMI, FLORIDA 33143 AND
LEGALLY DESCRIBED HEREINBELOW
WHEREAS, Alberto Araujo, Aleida Araujo, Alberto Araujo Jr.,
Robert N. Strickland, Sharon Strickland, Edward Pawley III, and
Clara Pavley 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
deacribod as fellevs:
Lots 56 through 59 inclusive, Block 9 of
REALTY SECURITIES CORPORATIONS 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 5766 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:
Section I. That the request of Alberto Araujo, Aleida
Arauyo, Albert- Arauyo Jr., Robert N. Strickland, Sharon
Strickland, Edward Pawley III, and Clara Pavley 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 Metrorail Station,
said request for the property known as 5770 and 5786 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.
Seetion 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
A'
CITY CLERK
READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
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APPROVED:
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SECTION 20 -4.5 LANDSCAPING
required perimeter buffer or divider median may be four
(4) feet in width.
(7) 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.
(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 allotted time shall be considered a
violation of this Code.
1 LDC: UPDATED JUNE 1993 1 2 3 CITY OF SOUTH MIAMI
A,i„rACVOON
4
Building & Zoning Department
6130 Sunset Drive, 2"d Floor
South Miami, Florida 33143
Fax #: (305) 666 -459=
Phone: (305) 663 -632:
December 22, 1994
Robert Strickland, Sharon Strickland, Edward Pawley III & Clara
Pawley
5770 & 5786 Progress Road
South Miami, FL 33143
Dear Applicant:
This letter is to inform you that your request for the approval of
LANDSCAPING EXEMPTSON(Commercial
Pursuant
to Section 20 -4.5 (C) "Exemptions
". the
applicant
is
reauestins
that the requirement for
perimeter landscaping
be
exempted
for the reconfiguration of
parking within
an existing
facility.
Staff recommendation: approval
with suggestions
for
landscaping infiil 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-Dromerty include
a 3 -foot buffer strip along the street. thereby reducing the
parking spaces to 9 feet; 21 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 be
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 heigh 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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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: 0
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:
V. Remarks.
Approved: 7 Disapproved: 0
REGULATIONS REGARDING HEIGHT OF HEDGES:
The Board discussed the City's code currently in place regulating
the height of hedges. Staff provided the Board with Section 20-
3.6 (H) of the City's Land Development Code (section regulating
physical barriers within the City) for consideration.
The Board recommended that Section 20 -3.6 (H), Physical Barriers,
read as follows through 2 e:
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SATE PLAN
No, f ICE OF PUBLIC IIEAR..LVG
CITY OF SOUTH NIIANII
Building, Zoning & Community Development Department
6130 Sunset Drive, 2 "" 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.
I. 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 #l: 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"
I�
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.
l'^ *P= Approved: 6 Disapproved: 0
SECTION 20 -3.6 SUPPLEMENTAL REGULATIONS
(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."
Residential:
(a) Chain link f ences 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.14
1' 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.
1° Revised 7124190 by Ord #12 -90 -1452 & 112190 by Ord #1 -90 -1444.
LDC: UPDATED JUNE 1993 6 8 CITY OF SOUTH MIAMI
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M I N U T E S
P L A N N I N G B O A R D
TUESDAY, JANUARY 10, 1995
CITY COMMISSIONERS' CHAMBERS
7:30 PM
Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
II. Roll Call.
PR
P.
J.
C.
M.
S.
O.
A.
ESENT
Eisenhart
Lef ley
Thorner
Gutierrez
Basu
Kerr
Ribas
Also Present: Bill Mackey,
Technician.
III. Public Hearings:
PB -94 -027
Planner; Brian Soltz, Planning
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.
PB Min 1/10/95
VIA
1
C:: JE rV W (:D11F
INTER-OFFICE MEMORANDUM
To: Ronetta Taylor Date: June 8, 1995
City Clerk
From: Dean Mimms, AICP Re: Information for Resolution
B On Directop� for 6/8/95 City Commission
Agenda Item #12
yn
I have reviewed the application for public hearing by Robert N.
Strickland, et. al., and have concluded that 11,046 sq. ft. of
gross floor area are used for automotive repair & body shop, and
that 0 sq. ft. of gross floor area are used for warehouse. This
is the answer to the question that the City Attorney asked during
the public hearing. The total gross floor area of the buildings
on the subject property is 11,046 sq. ft.
Please let me know if you have any questions or if I can be of
further assistance.
c: Eddie Cox, City Manager
Bill Mackey, Planner
Whereas, on January 10, 1995, the Planning Board voted to recommend
approval (7 -0) of the applications including the recommendations
presented by staff.
Whereas, the Mayor and City Commission of the City of South Miami,
Florida accept the recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
SECTION 1: That the application submitted by Robert N.
Strickland, Sharon Strickland, Edward Pawley III and Clara Pawley,
property owners of 5770 & 5786 Progress Road, for an exemption from
the landscaping requirements of Section 20 -4.5 in order to provide
six additional parking spaces on the subject property is granted.
SECTION 2: That the application submitted by Robert N.
Strickland, Sharon Strickland, Edward Pawley III and Clara Pawley,
property owners of 5770 & 5786 Progress Road, for a 50% reduction
on -site parking in consideration of Metrorail usage so that all
required parking spaces may be provided on the subject property for
the existing automotive use at the subject is granted. This
approval is subject to and depended upon a continuation of existing
uses which currently consist ov number of square feet for
automotive repair, an4," number of square feet for warehouse. The
City Manager may revoke this approval upon a determination of''
repeated instances of inadequate parking of vehicles on -site and
vehicles being parked on the right -of -way or outside the property.
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 place on file in the records, of the Building, Zoning &
Community Development Department.
PASSED and ADOPTED this 6th day of June, 1995.
Attest:
Ronetta Taylor
City Clerk
Approved:
Neil Carver
Mayor
Read and Approved as to Form:
2
Earl G. Gallop
City Attorney
RESOLUTION NO. 86 -95 -9637
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) "EXEMPTION" 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.
Whereas, Robert N. Strickland, Sharon Strickland, Edward Pawley III
and Clara Pawley, property owners of 5770 & 5786 Progress Road,
have made an application for an exemption from the landscaping
requirements of Section 20 -4.5 in order to provide six additional
spaces on the subject property; and
Whereas, Robert N. Strickland, Sharon Strickland, Edward Pawley III
and Clara Pawley, property owners of 5770 & 5786 Progress Road,
have made an application for a 50% reduction of required on -site
parking in consideration of Metrorail usage so that all required
parking spaces may be provided on the subject property for the
existing automotive use at the subject property; and
Whereas, the property located at 5770 Progress Road, South Miami,
Florida, 33143, is legally described as follows:
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, the property located at 5786 Progress Road, South Miami,
Florida, 33143, is legally described as follows:
Lots 52 through 55 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, the applicant has recorded a unity of title, so that the
properties may be considered as a single property, via said
recorded unity of title; and
Whereas, the Building, Zoning & Community Development Department
staff recommended approval of both applications with
recommendations upon evaluating the application for (a) consistency
with the Comprehensive Plan and (b) compliance with the
requirements of Section 20- 4.5(C) and Section 20 -4.4 (H) of the
Land Development Code; and
City of South Miami
Police Department
INTER - OFFICE MEMORANDUM
SUBJECT: H.I.D.T.A. Community Outreach Program
I respectfully request that Vernon Jones, Central Outreach
Coordinator, be placed on the agenda to appear before the City
Commission on June 6, 1995, to give a presentation as to the High
Intensity Drug Trafficking Area (H.I.D.T.A.) Community Outreach
Program.
Thank you for your consideration. Please be assured of our
cooperation in all matters of mutual concern.
RH /esw
City of South Miami
Police Department
SUBJECT: New Officers
I respectfully request that I be given the opportunity to introduce
the four new Police Officers recently employed by the Police
Department, at the June 6 Commission meeting:
Bock, R.
Everett, E.
Garcia, A.
Mertz, L.
Thank you for your consideration. Please be assured of our
cooperation in all matters of mutual concern.
RH /esw
City of South Miami
Police Department
SUBJECT: Plaque
I would respectfully like to take this opportunity to inform the
City Commission, at the June 6 meeting, that the South Miami Police
Department was presented a plaque by the City of Coral Gables for
their assistance rendered during the Summit of the Americas,
December 9 - 11, 1994.
Thank you for your consideration. Please be assured of our
cooperation in all matters of mutual concern.
RH /esw
CITY OF SOUTH MIAMI
® Building, Zoning & Community Development Department
6130 Sunset Drive, 2nd Floor; South Miami, Florida 33,143
Phone: (305) 663 -6327; Fax #: (305) 666 -4591
April 27, 1995
Monroe Dixon, Esq.
6419 -B Bird Road
Miami, Florida 33155
Dear Mr. Dixon:
Please find attached copies of the requests for advertising the proposed ordinance to amend the
Land Development Code by creating a new "RS -5" zoning district. This letter is sent to you as
notice of the scheduled public hearings on this matter.
If you have questions or would like more information, I would be happy to assist you. .
Thank you.
Sincerely,
All
Dean L. Minuns, AIC
Director of Building, Zoning &
Community Development Dept.
c: Eddie Cox
City Manager
Earl G. Gallop
City Attorney
Rosemary Jordan Wascura, CMC
City Clerk
c:Xwpdocslp1anningpad95 -05.09
® CITY OF SOUTH MIAMI
Building, Zoning & Community Development Department
6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143
Phone: (305) 663 -6325; Fax #: (305) 666 -4591
April 27, 1995
Octelma Ferbeyre
Miami Review
100 NE 7 Street
Miami, Fl 33132
Dear Ms. Ferbeyre,
Please advertise one time on FRIDAY, APRIL 28,1995, in the "Miami Review" newspaper, the
attached Notice of Public Hearing(s). Use the closest size to 1 1/2" x 6" and forward proof of
publication to the Building & Zoning Department at the above address.
Our account number is 42- 001 -01.
Should you need any clarification regarding this matter, please contact Bill Mackey at 663 -6325.
Thank you.
Sincerely,
Dean Mnnms, AICP
Director of Building, Zoning &
Community Development Dept
cc: Eddie Cox, City Manager
Earl G. Gallop, City Attorney
Rosemary J. Wascura, City Clerk
NOTICE OF PUBLIC HEARING
® CITY OF SOUTH MIAMI
® Building, Zoning & Community Development Department
6130 Sunset Drive, 2' Floor; South Miami, Florida 33143
Phone: (305) 663 -6325; Fax #: (305) 666 -4591
On Tuesday, May 9, 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 matter.
R On Tuesday, June 6, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of
the City of South Miami will conduct a Public Hearing on the following matter.
ITEM: PB -95 -005
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND
DEVELOPMENT CODE, PROVIDING FOR "RS -5" SMALL LOT SINGLE -
FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING
DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING CLASSIFICATION
FOR THE McKEEVER TERRACE SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT AND AN EFFECTIVE DATE.
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 PB -95 -005 WHEN MAKING ANY INQUIRY.
CITY OF SOUTH MIAMI
Building, Zoning & Community Development Department
6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143
Phone: (305) 663 -6325; Fax #: (305) 666 -4591
PURCHASE ORDER # 0-*2 9 T QU
April 27, 1995
Mr. Nestor Morales
c/o The Miami Herald Publishing Company
7300 North Kendall Drive, Suite 660
Miami, Florida 33143
Dear Mr. Morales:
Please, advertise on SUNDAY, APRIL 30, 1995, one time only in "The Miami Herald"
Newspaper, Neighbors Section, Zone 2, Kendall Area, the attached Courtesy Notice.
Please, forward proof of publication to Bill Mackey, Planner, in the Building & Zoning
Department at the above address.
Our account number is # 2100 -3410. Should you need any further clarification, please, contact
Bill Mackey at 663 -6325.
Thank you.
Sincerely,
eantmms,�
Director of Building, Zoning &
Community Development Dept
cc: Ed Cox, City Manager
Earl G. Gallop, City Attorney
Rosemary J. Wascura, City Clerk
COURTESY SUMMARY NOTICE
.&snob- CITY OF SOUTH MIAMI
Building, Zoning & Community Development Department
T7 6130 Sunset Drive, 2 °d Floor; South Miami, Florida 33143
Phone: (305) 663 -6325; Fax #: (305) 666 -4591
On Tuesday, May 9, 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 matter.
On Tuesday, June 6, 1995, at 7:30 P.M. in the Commission Chambers the City Commission of
the City of South Miami will conduct a Public Hearing on the following matter.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING ARTICLE III OF THE LAND DEVELOPMENT CODE, PROVIDING FOR "RS -5" SMALL LOT
SINGLE - FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING DISTRICT BOUNDARIES;
ESTABLISHING RS -5 ZONING CLASSIFICATION FOR THE MCKEEVER TERRACE SUBDIVISION;
AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT
AND AN EFFECTIVE DATE.
CITY OF SOUTH MIAMI
® INTER- OFFICE MEMORANDUM
To: Mayor & City Co scion Date: June 2, 1995
From: tddie Cox Re: 06/06/95 City Commission Agenda
City Manager Item W/7 New RS -5 Zoning District
Background:
The City Attorney has proposed an ordinance which creates a new "RS -5" zoning district in
order to address the abundance of existing, legal, non - conforming lots in that portion of the
McKeever Terrace Subdivision currently designated with "RS -4" zoning. The ordinance will
establish 50 feet as the standard for street frontage in the new district which reflects the vast
majority of the existing, platted lots in the subdivision. No other change is accomplished.
The Planning Board voted 5:1 to approve the proposed ordinance, with the recommendation
that "McKeever Terrace Subdivision" be changed to read "a portion of the McKeever Terrace
Subdivision." The Planning Board voted 6:0 to add requirements that RS -5 re- zoning may
only be requested in districts where at least 80% of lots have frontage greater than 60 feet.
Staff concurs with the Planning Board suggested clarification regarding "a portion of the
McKeever Terrace Subdivision." Staff does not find the Planning Board suggestion for an
80% threshold necessary, since future re- zoning requests within the City are not anticipated.
Recommendation: Approval.
attachments
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND
DEVELOPMENT CODE, PROVIDING FOR -RS -5- SMALL LOT SINGLE
FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING
DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING
CLASSIFICATION FOR THE MCKEEVER TERRACE SUBDIVISION;
AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami enacted a land development
code on October 25, 1989; and,
WHEREAS, prior to the adoption of the land development code,
certain single family residential subdivisions containing lots
having 50 -foot frontage on public rights of way were established as
lots of record; and,
WHEREAS, certain of these 50 -foot frontage residential
subdivisions, and in particular, the McKeever Terrace subdivision,
are completely or substantially built -out; and,
WHEREAS, from time to time the minimum frontage requirements
under various zoning ordinances have been 75 feet and 50 feet; and
now 60 -foot frontage on public rights of way is the minimum
frontage allowable under the land development code for single
family residential lots; and,
WHEREAS, established lots with 50 -foot frontage are
nonconforming lots of record; and,
WHEREAS, the Mayor and City Commission desire to create a RS -5
single family residential district for one or more built -out
subdivisions having lots with 50 -foot frontange on public rights of
way, and in particular, the McKeever Terrace subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article III, Section 20- 3.1(A) of the land
development code is amended to create:
RS -5 Single - Family (50' lots)
Section 2. Article III, Section 20- 3.1(B)(5) of the land
development code is amended, and subsequent paragraphs renumbered,
to create:
(5) "RS -5" Small Lot Single - Family (50' lots]
Residential District
The purpose of this district is to provide for
built -out single- family residential
subdivisions characterized by smaller 50' lots
and to protect and improve the character of
existing development in the area. This
district is appropriate in areas designated
"Single- Family" on the City's adopted
Comprehensive Plan.
Section 3. Article III, Section 20 -3.5E, Dimensional
Requirements, Single Family Districts, of the land development code
is amended to create a category for RS -5 having the same
dimensional requirements as RS -4 with the following exception:
Frontage (ft) 50
Section 4. The Official Zoning Map of the City of South
Miami is amended to establish RS -5 as the zoning district for the
McKeever Terrace subdivision.
Section 5. This ordinance is referred to the South Miami
Planning Board for evaluation under Article V, Section 20 -5.5, as
an application requiring public hearings, and for recommendations
to the city commission regarding consistency with the comprehensive
plan, delineation of RS -5 zoning district boundaries, establishing
RS -5 zoning district for the McKeever Terrace subdivision,
amendment to the zoning map, and other necessary and proper action
to effecutate this ordinance.
Section 6. If any section, clause, sentence, or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 7. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 8. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RS -5.ord
day of
APPROVED:
MAYOR
, 1995.
CITY OF SOUTH MIAMI
®s
INTER - OFFICE MEMORANDUM
To: Dean Mimms, AICP Date: May 5, 1995
Director of BZCD Dept
From: Bill Mackey Re: PB -95 -005: Commission
Planner Y/�''v RS -5 Zoning District
REQUEST:
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND
DEVELOPMENT CODE, PROVIDING FOR "RS -5" SMALL LOT SINGLE -
FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING
DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING CLASSIFICATION
FOR THE McKEEVER TERRACE SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT AND AN EFFECTIVE DATE.
Format: Planning Board is requested via Section 5 of the proposed ordinance to evaluate
the application per §20 -5.5 (Attachment 1) and make recommendations regarding:
1. Consistency with the Comprehensive Plan (Attachment 2);
2. Delineation of RS -5 zoning district boundaries (Attachment 3);
3. Establishing RS -5 zoning district for McKeever Terrace (Attachment 4);
4. Amendment to the City of South Miami Official Zoning Map; and,
5. Other necessary and proper action to effectuate this ordinance.
BACKGROUND & ANALYSIS:
The City Commission desires to amend the Land Development Code to create a new zoning
district entitled "RS -5" in order to permit 50 foot -wide lots in the McKeever Terrace Subdivision.
Please, refer to the City Attorney report regarding this matter which is on the following page.
RECOMMENDATION:
Staff recommends that the Planning Board vote to recommend approval of this application.
COMPREHENSIVE PLAN:
The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan.
APPLICABLE REGULATIONS: § 20- 3.1(A), 20- 3.1(B)(5), 20 -3.5E, & 20 -5.5 of the LDC.
City of South Miami
INTER-OFFiCE. ME'MMANDUM.
TO: Mayor and City Commission
FROM: Earl G. Gallopr City Attorney
RE: Ordinance creating 1IRS'"511 Small Lot Single-Family
.Residential District and changing zoning, for
McKeever Terrace subdivision to.RS-5-
DATEa April 28'r 1995
The proposed' ordinance (1) creates a zoning.. category for
established (built-out) small lot - ginglef-family residential
subdivisions which - have- -front lot widths :of at - least SO', feet and
(2) changes, the zoning for the McKeever Tecrace subdivision -f =
RS-4 to the now RS,5.cat.ego3:y. The purpose of 'the ordinancd.-is'..'to
recognize the built.-out nature.of'dertain-older subdivisions,..;Pid
specifically the McNaever Terrace subdivisiont., in the northern part
of- the city-. The - offact of the - ordinance is .,to change the. - legal.
classification. of.-- lots in... the McKeever Terrace. subdivision. ftom.
nonconforming lots. of records to-confdrming. lot.s.. It is.. believed.
that this change I Will encourage investments... by, homeownerp, to
upgrade their PrOperties and facilitate the-resale value of the
The McKeever Terrace. subdivision was platted .in 1924 for 504..
Dot-lots. it is- virtually campletely..built-out.. zoning ftonta,44
.requirements ha"' varied 'throu4h the years. A 75-.foot fxontaq*
requirement was - in.'effect from . June 15, . r. 19,54 to aune 8:o, .19710 A.
subsequent 50 -foot requirement- lasted until October 25,r. 192-9:. When
the-city-adopted the: 'land development cod6-?. it' approved a-60400t
requirement. The .current -6 0-- foot. requirement in -consistent with
the .intent of, the comprehensive - plan to sanction and . encouia
.90
larger residential: lots throughout the. city.- The Y=Keever Terrace
subdivision is.. an anomaly because: many subdivisions- to the -south
axe, characterized by-.- larger: than: 50 -foot. lots..
The City Commission has the legislative power to create the RS -5 category if it--determines that it it. in the. beat interests ,of
the city. The RS.-5 .category ,is - consistent with -the 50�foot minimum
lot. size � requirement. of :.. the.; comprehensive plan.
The. proposed ordinance .is inspired' but not.compalledi by.-the
Melton litigation. I:do not b6lie*vG that nl.4intiff- can px0ve.th-at.
there is, no. reasonable ba.sit for -, 60.»foot Minimum lot frontage
requirement However, irrespective of the pending - litigation; the
City Commis;ion could determine that the . ordinance - is in the - public
interest, which specifically, includes the owners in : the
subdivision,,. an.. well; .as. the rest of the. ownerw and Vesiftnts, of the
city. RGG/agg/R"=4.==
ATTACHMENT 1
20.5.4 SOUTH MIAMI LAND DEVELOPMENT CODE
20.5.4 Complete applications required.
(A) Completeness Determination. An application for any review under this Code shall be
submitted in the appropriate format and shall contain all information required by this article.
Upon receipt of an application, the director of building and zoning shall review such applica-
tion for completeness.
(1) If the director finds that such application is not complete, he or she shall return it to
the applicant with a specific list of missing items or other deficiencies.
(2) If the director finds that such application is complete, he or she shall submit it for
processing in accordance with this Code.
(B) Filing Fee Required. No application shall be considered complete unless accompanied
by the proper filing fee.
20.5.5 Applications requiring public hearings.
The following procedures shall be followed for all applications requiring a public hearing
before the planning board and city commission, including all applications for rezoning, text
amendments, special uses, variances and home occupational licenses.
(A) Preapplication Conference. Prospective applicants shall first schedule a preapplication
meeting with the director of building and zoning to discuss and analyze the proposed appli-
cation request. No statements made or information given during such preapplication confer-
ence shall be binding upon the city or prospective applicant.
(B) Required Submittal. At least twenty -one (21) calendar days prior to the first scheduled
public hearing date on the application, the applicant shall file a formal application with the
building and zoning department. At the time of this filing, the application shall include:
(1) A property survey by a registered surveyor;
(2) The signatures of at least twenty (20) percent of all property owners within five
hundred (500) feet of the subject property, showing their awareness of and concur-
rence with the proposed application;
(3) A site plan showing the proposed project and all required yard setbacks and other
requirements; and
(4) The appropriate filing fee.
(C) Planning Board Notice Requirements. Upon receipt of a complete application, the
building and zoning department shall prepare a Notice of Public Hearing and a location map
of the subject property. At least ten (10) calendar days prior to the scheduled public hearing by
the planning board on the application, the building and zoning department shall:
(1) Mail a copy of the public hearing notice and location map to all property owners
within a five hundred (500) foot radius of the subject property;
(21 Post a sign on the subject property which identifies the nature of the pending appli-
cation, time of scheduled hearing and telephone number for further information;
108
PROCEDURES AND APPLICATIONS
20 -5.6
(3) Place a legal notice in a local newspaper of general circulation which notifies the
public of the scheduled hearing date, location of subject property and nature of ap-
plication request; and
(4) Notify the applicant of the scheduled public hearing date before the planning board.
(D) Planning Board Staff Report. A staff report shall be prepared by the building and
zoning department prior to the scheduled planning board public hearing which includes its
findings of fact relating to the application and a statement as to the compliance of the appli-
cation with this Code.
(E) Planning Board Public Hearing. The applicant or applicant's representative shall
appear at the scheduled planning board public hearing and verbally present the application
request. After presentation of the staff report and an opportunity for input and comments on
the application by the public present, the board shall make a recommendation to approve, deny
or modify the application and transmit said recommendation to the city commission.
(F) City Commission Staff Report. After the planning board public hearing, the building
and zoning department shall prepare a revised staff report for the city commission which
incorporates the board recommendation, minutes of the public hearing and any adjustments or
changes to its initial report that it deems appropriate as a result of testimony presented during
the planning board public hearing.
(G) Commission Meeting Notice Requirements. At least ten (10) calendar days prior to the
scheduled public hearing by the city commission on the application, the city clerk shall:
(1) Mail a copy of the hearing notice and map to all property owners within a five
hundred (500) foot radius of the subject property in the application;
(2) Post a sign on the subject property which identifies the nature of the pending appli-
cation, time of scheduled public hearing and telephone number for further informa-
tion;
(3) .Place a legal notice in a local newspaper of general circulation which notifies the
public of the scheduled hearing date, location of subject property and nature of ap-
plication request; and
(4) Notify the applicant of the scheduled public hearing date before the city commission.
(H) City Commission Public Hearing. The applicant shall appear at the scheduled public
hearing before the city commission and verbally present the application request. After the
public hearing, the city commission shall approve, deny or modify the application.
20.5.6 Applications in general.
(A) General Requirements. All applications shall be submitted and processed pursuant to
the requirements of this Code and shall be submitted by the owner of the property or an
authorized agent of such owner on application forms available in the department of building
and zoning. The director may require reasonable proof of agency from any agent.
W
i '.]
ATTACHMENT 2
Single - Family (Two - Story)
The single - family land use category is intended to provide for one residential dwelling
unit on each parcel of land. Parcels should have a minimum area of 10,000 square feet. In
areas where existing platting is characterized by parcels larger than 10,000 square feet,
zoning regulations should be consistent with such parcel sizes provided that minimum
parcel sizes need not exceed one acre. Sites large enough to be subdivided into parcels of
10,000 square feet or larger could be zoned accordingly, but only if such zoning would be
compatible with surrounding development.
Lot of Record: If the owner of a platted lot in any district does not own a parcel or tract of
land immediately adjacent to such lot, and if the deed or instrument under which such
owner acquired title to such lot was of record prior to the application of any zoning
regulations to the premises, or if such lot were created and first recorded in compliance
with the zoning regulations in effect on the lot at the time of recording, and if such lot does
not conform to the requirements of such regulations as to the width of lots and lot area, the
provisions of such lot area and lot width regulations shall not prevent the owner of such lot
from erecting a single- family dwelling or making other improvements on the lot,
provided such improvements conform in all other respects to the applicable zoning
regulations provided that such platted lot is not less than fifty feet in width and has a
frontage of at least fifty feet. The term "platted lot" as used herein shall mean a full and
complete separate parcel designated as a lot, parcel, or tract as part of a subdivision plat
recorded in the public records of Dade County, Florida.
ATTACHMENT 3
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ATTACHMENT 4
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McKeever Terrace
Subdivision
25 -49 50 -59 60 -74 75 -99 100 -149 150 +
Lot Frontage
M I N U T E S DRAFT
P L A N N I N G B O A R D
TUESDAY, MAY 9, 1995
CITY COMMISSIONERS' CHAMBERS
7:30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
II. Roll Call.
PRESENT ABSENT
P. Eisenhart O. Kerr
S Basu
C. Thorner
G. Illas
K. Zeller
J. Lefley
Also Present: Bill Mackey, Planner; David Struder, Secretary.
III. Public Hearings:
PB -95 -005
Applicant: Mayor & City Commission
Request: An ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending Article III
of the Land Development Code, providing for "RS -5"
small lot single - family residential district;
establishing RS -5 zoning district boundaries;
establishing RS -5 zoning classification for the
McKeever Terrace subdivision; amending the official
zoning map, providing for severability, ordinances
in conflict and an effective date..
Ms. Zeller read the request. Staff explained that, at the request
of the City Commission, Building & Zoning had studied RS -4 zoning
districts for re- zoning feasibility. Staff noted that lots in RS-
4 with less than 60 feet of frontage are referred to as legal non-
conforming lots, with a large concentration of such lots being in
McKeever Terrace subdivision.
Public Hearing was opened.
Mr. David Tucker Sr., of 6556 SW 78 Terrace, spoke in favor of the
application. Mr. Tucker stated that he believed the new zoning
district is a "fair and equitable" solution to McKeever Terrace's
residents' concerns. He also stated that the new zoning
designation will come to benefit residents.
PB Min 5/9/95 1
Ms. Erica English, of 6117 SW 44 Street, stated that she had
questions relating to the application. She inquired if most lots
in the McKeever Terrace subdivision, which contain 50 feet of
frontage, could be subdivided as a result of the zoning change.
She also inquired if this zoning change would resolve issues
pertaining to the Melton litigation, referring to the City
Attorney's inter - office memorandum of April 28, 1995.
Staff replied that if the square footage requirement is met, which
is 6000 square feet, subdividing of the properties which contain
two 50 -foot lots could take place.
Mr. Bradley Coule, of 6235 SW 42 Street, stated his support of the
application, however, he expressed a desire to. ascertain the
effects a zoning change of this nature would have on the value of
properties with 50 feet of frontage. He closed by emphasizing that
he is in favor of this type of zoning change for McKeever Terrace
only, as opposed to other areas of the City.
Mr. Lef ley responded that the value of properties is determined
primarily by market dynamics.
Mr. Mario Perez, of 6210 SW 42 Street, stated that he would be in
favor of the zoning change.
Upon Mr. Eisenhart's inquiry, staff confirmed that the zoning
change addresses portions of the McKeever Terrace subdivision
currently zoned RS -4 only.
There being no one else wishing to speak for or against the
application, the public hearing was closed and executive session
was opened.
Mr. Basu stated his concern about .a zoning change of this nature
taking place elsewhere, particularly if the same conditions exist
in other locations within the City. He further stated that the 60-
foot frontage requirement sets forth the character of spaciousness
enjoyed by the City.
Staff responded that the zoning change to RS -5 reflects the
character and composition of the specific area of the City
affected, namely the McKeever Terrace subdivision.
In regard to Mr. Lefley's concern about the language contained in
the proposed ordinance, staff responded that Section 4 should read
"The Official Zoning Map of the City of South Miami is amended to
establish 'RS -5 as the zoning district for a portion of the McKeever
Terrace subdivision." Mr. Mackey confirmed that he would speak
with the City Attorney regarding this minor change.
Mr. Illas expressed his concern regarding any effects (e.g.,
traffic, sewer, water, etc. )'that an increase in density would have
on the impacted area, as a result of the proposed zoning change.
In response to Mr. Basu's inquiry regarding the reasoning for the
zoning change, staff replied that the change would reduce the
number of non - conforming lots in the City.
Motion: Mr. Eisenhart moved to approve the application, with the
recommendation that reference to McKeever Terrace subdivision be
further clarified, with the City Attorney's input and instructions,
particularly as stated in Attachment 3 as a "portion of McKeever
Terrace subdivision." Ms. Zeller seconded the motion.
Upon discussion, Mr. Basu suggested that an amendment be considered
in order that no "trends of the 190s," i.e., requests for zoning
changes, result from the application.
Mr. Eisenhart suggested an amendment that 80% of lots, 60 feet or
greater (in frontage), would be ineligible to apply for a zoning
change. Upon further discussion, Mr. Eisenhart suggested an
amendment that if a group of property owners petition the city for
a zoning change to RS -5, 20% of the lots must be 60 feet or less
(in frontage) .
For clarification, Mr. Basu suggested an amendment that 80% of the
lots in a district requesting a zoning change, 60 feet or more (in
frontage), would be denied eligibility for consideration. He
stated that this amendment comes out of his general concern for the
City. Ms. Thorner added that the amendment is strongly recommended
by the Board.
The Board then voted on Mr. Eisenhart's main motion, seconded by
Ms. Zeller, inclusive of the recommendation that the areas of
McKeever Terrace included in the application for the zoning change
to RS -S, as shown on Attachment 3 of tonight's agenda, be further
clarified by the City Attorney.
Vote: Approved: 5 Opposed: 1
(Mr. Illas)
The Board followed by voting on Mr. Basu's amendment, seconded by
Ms. Thorner, that 80% of the lots in a district requesting a zoning
change, 60 feet or more in frontage, would be ineligible for re-
zoning consideration.
Vote:
Approved: 6 Opposed: 0
PB Min 5/9/95 3
IV. Remarks.
Annexation:
Ms. Thorner suggested that the City provide notice to Planning
Board members regarding future annexation issues and events.
Bakery Centre:
Upon Mr. Basu's inquiry, staff confirmed that the number of
proposed residential units and the number of theater seats remain
approximately the same in the recently updated plans. Mr. Basu
urged the City to maintain a "vigilant" eye on the progress made
at the Bakery Centre site.
Upcoming Planning Board meetings:
Staff noted as a reminder that the joint City Commission /Planning
Board workshop is scheduled for June 13, 1995. Staff also asked
that the Board obtain quorum for the May 30, 1995 meeting.
Mr. Eisenhart as Planning Board chairperson:
The Board thanked Mr. Eisenhart for a job "well done" as Planning
Board chairperson.
V. Election of Chairperson and Vice - Chairperson.
Mr. Eisenhart moved that Mr. Lefley be nominated as chairperson and
Mr. Basu be nominated as vice - chairperson. Ms. Thorner seconded
the motion.
Vote: Approved: 6 Opposed: 0
VI. Approval of the Minutes from April 25, L995.
In regard to page 4, paragraph 5, Mr. Eisenhart asked that the
paragraph be amended to read as follows: "...about the financing
of plans at the Bakery Centre site. Mr. Turbidy stated that
financing is in place, with closing scheduled for June 30, 1995,
and they hope to begin construction at the end of summer 1995."
Mr. Eisenhart requested that the last paragraph on page 6, last
sentence, read as follows: "Mr. Eisenhart suggested that the City
explore monies through Federal Community Development Block Grant
programs (which the City can receive /fund through Dade County)."
Also, in regard to page 7, part V, Mr. Eisenhart asked that the
sentence read as follows: "The Board decided to postpone the
election of a new chairperson and a new vice- chairperson until such
time that the full board is present."
Motion: Mr. Illas moved to approve the Minutes of April 25, 1995,
as amended. Ms. Zeller seconded the motion.
Vote: Approved: 6 Opposed: 0
VII. Adjournment.
Chairperson
Secretary
PB Min 5/9/95 5
E L�ie
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: -Eildie Cox
City Manager
Date: June 1, 1995
06/06/95 City Commission Agenda
Re: . Item # / -3: Resolution for Landscaping
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 applicant's request was deferred February 21, 1995, (see attached Commission Minutes)
and sent to the Planning Board for review, due to changes that the applicant had proposed at
the February 21, 1995 City Commission Meeting which the Planning Board had not reviewed.
The applicant has withdrawn the proposed changes and is approaching the City Commission
for a final decision regarding the originally presented request, which received the unanimous
recommendation for approval on January 10, 1995, by full vote of the Planning Board (7 :0).
RECOMMENDATION:
Approval.
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 Pawley 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 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 is granted.
16
17
18
19
20
21
22
23
24
25
26
27
28
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 13`h DAY OF JUNE, 1995.
ATTEST:
Ronetta Taylor
City Clerk
READ AND APPROVED AS TO FORM:
29
30 Earl G. Gallop
31 City Attorney
Neil Carver
Mayor
cAwpdocs \p1anning \report.027
RESOLUTIONS FOR PUBLIC HEARING
RESOLUTION NO.
#10 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
AND 5786 PROGRESS ROAD..
Moved by Commissioner Cunningham, seconded by Vice -Mayor
Young, the resolution be adopted and assigned the next number by
the City Clerk.
Mayor Carver deemed public hearing in session.
1) Carter McDowell, attorney with Fine, Jacobson, 801 Brickell
Avenue, addressed the Commission on behalf of the applicant. After
meetings with Building, Zoning & Community Development, it is the
suggestion of Director Mimms that this item go back to the Planning
Board with the suggested changes that the applicant wishes to make.
It would come to the Commission after review by the Planning Board.
The applicant has no objection to this, if the Commission will so
move.
Mayor Carver noted that at the meeting of February 7th, Mr.
McDowell stated that he was speaking for the applicant and for the
property owner. The property owner, Mr. Strickland, has given
letters to the Commission that he wishes to have the item heard
this evening. Mr. Strickland, present at the meeting, stated that
he does not object to Mr. McDowell's request.
Moved by Mayor Carver, seconded by Commissioners Bass and
Cooper, that this item be sent back to the Planning Board after the
suggested changes are added by the applicant.
Motion passed
Commissioner Bass,
Cunningham, yea.
5/0t Mayor Carver, yea; Vice -Mayor Young, yea;
yea; Commissioner Cooper, yea; Commissioner
0
P2
April `8,1995
Dean Minims
City of South Miami
5130 Sunset Drive
South Miami, Florida 33143
Re. Colorua Auto Tech Parking Reduction Hearing
Dear Mr. Minims: °
This letter will serve as our request that the City move forward to reschedule: this matter
before the CIV Commission as soon as possible. Based on various discussions with you and
your office, we have determined that the installation of 'autolifts is not feasible at this time.
Therefore, the request remains a request to modify the site plan as outlined by the City of South
Miami staff in the previous hearing. As you know, this requires that two bays be closed in
order to create two additional parking spaces on the sire. We would like approval to eitier make
these physical modifications and create the two additional parking spaces on -site or, in the
Miami alternative,
Zoning provide parking parkin spaces off -site pursuant to the requirements of the City of South
Since this request is essentially identical to the request that was -previously before the City
Commission, we would ask that this matter be rescheduled before the City Commission as soon
as possible. Carter McDowell will be representing both our tenant and us in proceeding with
this hearing.
cc: Carter N. McDowell, Esq.
Very truly yours,
P
Robert trickland
MAY - 41995
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G
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: Eddie Cox
City Manager
REQUEST:
Date: February 1, 1995
02/07/95 City Commission Agenda
Re: Item #11 : Resolution for Landscaping
Exemption and Special Parking Permit
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 Planning 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 2/7195 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.
2
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Dean Mimms, AICP
Director of BZCD
Date: January 7, 1995
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), thks still
resulted in a shortfall of nine parking spaces which the.appiicant
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 ERPB. 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.
ATTACHMENT
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 Pawley 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. follows:
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 Pawley III, and Clara Pawley for a variance
from See. 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,
be, and the same is, hereby denied.
.APPROVED:
MAYOR
ATTEST:
i
CY ERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
ATTACWAENT 2
RESOLUTION 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 (50)
PZRC>ZNT FOR AN EXISTING STRUCTURE LOCATED WITHIN 500
FEET OF THE SOUTH MIAMI METRORAIL STATION BY ALBERTO
ARAUJO, ALEIDA 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
5766 PROGRESS ROAD, SOUTH MIAMI, FLORIDA 33143 AND
LEGALLY DESCRIBED HEREINBELOW
WHEREAS, Alberto Arauio, Aleida Arauio, Alberto Araujo Jr.,
Robert N. Strickland, Sharon Strickland, Edward Pawley III, 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 5766 Progress
Road, South Miami, Florida 33143, which property is legally
desoribod as fellows:
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:
Section 1. That the request of Alberto Araujo, Aleida
Araujo, Albert- 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 Metrorail Station,
said request for the property known as 5770 and 5786 Progress
Road, South Miami, Florida 33143, be, and the same hereby is,
approved for a reduction of 42.19 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 ,)
� r
CITY CLERK
READ AND APPROVED AS TO FORM:
A6=-, -
CITY ATTORNEY
APPROVED:
'_ i
MAYOR C--
2
ATTACSMENT 3
required perimeter buffer or divider median may be four
(4) feet in width.
(7) 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.
(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 allotted time shall be considered a
violation of this Code.
LDC. UPDATED JUNE 1993
1 2 3
CITY OF SOUTH MIAMI
,, XC,UWN'T 4
CITY OF SOUTH MIAMI
® Building & Zoning Department
6130 Sunset Drive, 2nd Floor
South Miami, Florida 33143
Fax #: (305) 666 -4591
Phone: (305) 663 -6325
December 22, 1994
Robert Strickland, Sharon Strickland, Edward Pawley III & Clara
Pawley
5770 & 5786 Progress Road
South Miami, FL 33143
Dear Applicant:
This letter is to inform you that your request for the approval of
LANDSCAPING EXEMPTION(Commercial)
Da�r�ro.�rei- i-r% Cep -r%V% 'fn —A G /n\ t177vevnw%4-
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
parxing spaces ro v reel; z a •rear r-ne ourrer exrena ro r-ne ariveway
entrance; 3) That the landscaping requirements for the rear,
adjoining the right -of -way, be waived: 4) That the planting be
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 heigh 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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SITE PLAN
N%, rICE OF PUBLIC 1IEAIk-.8G
amorm CITY OF SOUTH NHANH
Building, Zoning & Community Development Department
6130 Sunset Drive, 2 "" 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.
•1 1
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.
L 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.
vntP= Approved: 6 Disapproved: 0
QRrTTnN in -i_A SUPPLEMENTAL REGULATIONS
(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."'
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 ) f eet
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.
14 Revised 7124190 by Ord #12 -90 -1452 & 112190 by Ord #1 -90 -1444.
LDC: UPDATED JUNE 1993 +5 0 CITY OF SOUTH MIAMI
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iv.
M I N U T ES
P L A N N I N G B O A R D
TUESDAY, JANUARY 10, 1995
CITY COMMISSIONERS' CHAMBERS
7 :30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
II. Roll Call.
PRESENT
P. Eisenhart
J. Lefley
C. Thorner
M. Gutierrez
S. Basu
O. Kerr
A. Ribas
Also Present: Bill Mackey, Planner; Brian Soltz, Planning
Technician.
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.
PB Min 1/10/95 1
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. I
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: 0
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.
REGULATIONS REGARDING HEIGHT OF HEDGES:
The Board discussed the City's code currently in place regulating
the height of hedges. Staff provided the Board with Section 20-
3.6 (H) of the City's Land Development Code (section regulating
physical barriers within the City) for consideration.
The Board recommended that Section 20 -3.6 (H), Physical Barriers,
read as follows through 2 e:
P$ Min 1/10/95 2
Cltgof.South Miami
1NT4R- OFR1CZ NlEWRANOfJM
TO: Mayor and; City. Co*iquion
FROM: t AttQrane .
$art G. Gallo&?r'i y
: Ordinance creating "RS,45,1 (mall. Lot Singl&- Pamily
Roniidential. District and changing. acning for. .
or To :acdiviaicm .to. 10 5,
WE V April, ' U.,. 1995
The proposed' ordinance (1) creates a category for
establi34ed (built -outs small -jot OiAgl�- fam ly. re idont : 1
subdivisions whic,h' :havei .- front .lot v�idths of ., a lelia�g:t S 0 feet and
( j changes the zoning for the McKeever Tecrac7e. etibdiviaion frdit
recognises the .boil .5 .c�ttegory, the purpose +�f the- ordina�ance is ,to .
RS :4 to thee new .RS-
t -c ut nature .of' ; dertain older aubdiviaiotla t.. and
specifically the McKeever 'Terr4ce subdivision,, in th0i ac><oi"thorn pakrt
of the city. the of fact of the vrcinaha is to cerig the..Yal
cla .Osification of l'otai in.. the MoKeevok :Terrace .subd tviglon , f om
nonconforming lots, of..rec6idi .ta conforming. lobs... ' It .is.. believed.
that this change . will encourage . investments. by homeo nors to
upgr4de thair :properties And facilitate the . regale of' the
The McKeever Terrace, subdivision was platted. in, 4;4.: for .50
fart .lots. Tt.' is virtually completely built -out.. S+�nirtg .17�Qntie
reggirerr►eents have Varied through the ears.- A 75-.foot frohtago
requirement was in of�eot from ; juactas '15t. 19,5q� : to dune 8, .l9'ii � A
subsequent 50 -foot regta;irement lasted until October ;2.5, 19:819. , n
the city adopted the land development ,code, : it apptoved . a, 6, 0 40 f obt
requirement. The eurrent 607- 100t .requiremeent ig ,cr►nl�isteint i�ith
„ the - intent of the comprahea�sive .:plan . to on.ctirfn and . e�►acauruge
larger residential :lots throughout the cit The'MolCeevat� Te3xace
subdivision is:. an aan►+vmna y because: . a any subdivisions to. tbA, .south
are. characterized, by larger' than:5,0�400t. lots...:
The City. C=Migsion has tho legislative .flower to create the
.:RS-5 catego;cy if it dotermines that it is ig thei.:best interests .of
thee. city. The R8 -5 catogor! ,i.s..coansis►t+snt with .thd 5�_fQ t m nimua4p
lot.. aide ragwt remeAt Of .the.; . omprehensy6 plat. .
The. proposed ordinance . is inspired' but .not cc m olled by,the
Fe,ttau litigation. T `do not believe. that �le�:nt ff can prove, that ,
there is alto . reaasoar�at 7.e b si , for ;a 60 . foot .r iniieuaan lot. fromtot,
requirement, Howeveir,. irrespective of thee, peartdiaxg litigatioa�, the.
City !Co>mni s;ioaa could_ determine that .the ordinance Is in the public
nteresit® which specifically„ iancju,deeeM s in th+�:
the c�wn6r.
e ownera3 .: and R nts of '.'the .
subdivision as: we1.1' ms. tlto rest . of th
c.i'ty.
�egglaaa,
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND
DEVELOPMENT CODE, PROVIDING FOR -RS -5" SMALL LOT SINGLE
FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING
DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING
CLASSIFICATION FOR THE MCKEEVER TERRACE SUBDIVISION;
AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami enacted a land development
code on October 25, 1989; and,
WHEREAS, prior to the adoption of the land development code,
certain single family residential subdivisions containing lots
having 50 -foot frontage on public rights of way were established as
lots of record; and,
WHEREAS, certain of these 50 -foot frontage residential
subdivisions, and in particular, the McKeever Terrace subdivision,
are completely or substantially built -out; and,
WHEREAS, from time to time the minimum frontage requirements
under various zoning ordinances have been 75 feet and 50 feet; and
now 60 -foot frontage on public rights of way is the minimum
frontage allowable under the land development code for single
family residential lots; and,
WHEREAS, established lots with 50 -foot frontage are
nonconforming lots of record; and,
WHEREAS, the Mayor and City Commission desire to create a RS -5
single family residential district for one or more built -out
subdivisions having lots with 50 -foot frontange on public rights of
way, and in particular, the McKeever Terrace subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article III, Section 20- 3.1(A) of the land
development code is amended to create:
RS -5 Single- Family (50' lots}
Section 2. Article III, Section 20- 3.1(B)(5) of the land
development code is amended, and subsequent paragraphs renumbered,
to create:
(5) "RS -5" Small Lot Single - Family (50' lots)
Residential District
The purpose of this district is to provide for
built -out single- family residential
subdivisions characterized by smaller 50' lots
and to protect and improve the character of
existing development in the area. This
district is appropriate in areas designated
"Single- Family on the City's adopted
Comprehensive Plan.
Section 3. Article III, Section 20 -3.5E, Dimensional
Requirements, Single Family Districts, of the land development code
is amended to create a category for RS -5 having the same
dimensional requirements as RS -4 with the following exception:
Frontage (ft) 50
Section 4. The Official Zoning Map of the City of South
Miami is amended to establish RS -5 as the zoning district for the
McKeever Terrace subdivision.
Section 5. This ordinance is referred to the South Miami
Planning Board for evaluation under Article V, Section 20 -5.5, as
an application requiring public hearings, and for recommendations
to the city commission regarding consistency with the comprehensive
plan, delineation of RS -5 zoning district boundaries, establishing
RS -5 zoning district for the McKeever Terrace subdivision,
amendment to the zoning map, and other necessary and proper action
to effecutate this ordinance.
Section 6. If any section, clause, sentence, or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 7. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 8. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1995.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RS -5.ord
4 4� 60e
Drug Elimination and Citizen. Empowerment
Through
� Law Enforcement and Neighborhood Coalitions
1 11 UNTIED STATES ATTORNEY'S OFFICE
SOUTHERN DISTRICT OF FLORIDA
Kendall Coffey
United States Attorney
GRANT ANNOUNCEMENT
SOUTH FLORIDA H.I.D.T.A.
Drug Elimination and Citizen Empowerment
Through
Law Enforcement And Neighborhood Coalitions
The Office of National D rug C Policy has authorized South Florida
cy ( ONDCP )
H.I.D.T.A., under the auspices of the United States Attorney for the Southern District
of Florida, to recommend FY '94 funding for a pilot comprehensive drug control
project. This funding represents a portion of the total ONDCP allocation to the South
Florida H.I.D.T.A. state and local program and both the application process and all
general grant requirements will be identical to all other H.I.D.T.A. grant initiatives.
Additionally, general guidelines for this project will be as follows:
Title:
South Florida H.I.D.T.A. Law Enforcement and Neighborhood Coalitions
Projected Award.
$465,090 (Awarded to one grantee
coordination among all selected sites)
Application Submission Deadline:
Monday, July 26, 1993, 5:00 p.m.
to provide for fiscal /administrative
Application:
Grant applications should be prepared as reflected in Attachment 1. All forms
and preparation instructions can be obtained through the South Florida
H.I.D.T.A. state and local program (597 - 1943).
Project Design:
The intent of this project is to identify and target three small and well defined low-
income areas as sites for a fast year pilot addressing narcotics trafficking
organizations, as well as citizen empowerment through reduced dependency on public
assistance and increased control and ownership of neighborhoods by law abiding
{ residents.
11 C1
17
Investigative and enforcement efforts should result not only in the dismantling of
trafficking organizations within affected sites, but should lead to the identification of
mid -level and major narcotics suppliers ultimately responsible for servicing those
organizations.
Concurrent to investigative and enforcement efforts, substantial emphasis will be
placed on those activities that. can reasonably be expected to result in permanent
displacement of similar narcotics operations from the target sites, increased citizen
safety, neighborhood revitalization, and most importantly, individual citizen
empowerment and self sufficiency. The Citizen Empowerment Project is a goal, rather
than process oriented effort. Primary in the evaluation of the program's effectiveness,
will be the dismantling of narcotics trafficking organizations within selected sites and
of those organizations supplying these street level operations, and the number of
citizens leaving public housing and reintegrating into mainstream society, withdrawing
from welfare and other public subsistence programs, and obtaining viable employment
to facilitate these personal and community victories.
Both the permanent elimination of drug trafficking and the development of citizen self
sufficiency are complex issues, requiring a broad base of community input and
participation. Each selected site will be expected to develop a coalition of federal, state
and local law enforcement representatives, state attorneys, members of public and
private sector organizations, and residents of the affected communities, in order to
successfully address these issues. All major activities to achieve program objectives
will be based on consensus of steering committee members and governing board
approval.
As a pilot project, substantial emphasis will be placed on thorough and accurate
assessments of conditions prior to project implementation and conditions at the
conclusion of first year funding. In addition to the final assessment, each site will be
expected to produce a major report, reflecting qualitatively and quantitatively, starting
conditions, methodologies selected, successes and,failures, a chronology of all major
steps in project development and implementation, recommendations based on project
experiences, individual case studies of all individuals directly impacted by the project,
and both an analysis of current community conditions and a prognosis for the site's
future development potential. Final reporting format and content will be developed
by the H.I.D.T.A. state and local grant program in conjunction with site steering
committees and the tri- county governing board.
In keeping with the goal of self sufficiency, every effort should be made to develop
each site's program in a manner that is likely to perpetuate steering committee
activities and a continuation of project activities without substantial future finding.
Through such efforts, future funding, if available, will be effectively utilized in
bringing project benefits to other sites with similar needs.
South Florida H.LD.T.A.
Stan and Local Grwzts Program-(Revised August, 1993) CZ
Funding will be awarded to and administered by one grantee to meet project financial
needs for both the grantee and no more than two subgrantees. It is currently
anticipated that project sites will include one site each in Dade, Broward and Monroe
counties. These sites should be small, well defined areas, characterized by narcotics
activity, as well as a high level of dependency upon public. assistance- programs. Site
selection should be guided by the degree to which success can reasonably be achieved
with the limited funding available through this grant, the level of community and both
public and private sector organization support for the project and by the likelihood that
the successful project developed in this site can be replicated in future sites with the
same degree of success.
The grantee and each subgrantee will be responsible for developing a coalition as
described earlier, and all grant related activities, including expenditure decisions, in
the respective areas will be through consensus of the coalition with approval of a tri
county governing board. The tri- county governing board will be chaired by the U.S.
Attorney for the Southern District of Florida, or his designee, and will be comprised
of three representatives selected by each County's steering committee at least two of
whom must include the grantee or subgrantee (law enforcement) and an affected area
resident.
Objectives.
The various steering committees and a tri- county governing board (defined in Project
Design) will take an active role in defining project goals beyond those already
identified, and will quantify and add to the following minimal list of objectives:
1. Dismantle drug tracking organizations in each target site
2. Refer at least drug trafficking or related cases for federal prosecution
3. Refer information on at least narcotics supply or importation
organizations to federal law enforcement agencies and assist in resulting
investigations.
4. Coordinate at least drug tracking cases during the investigative
phase, with state attorney's office.
S. Arrest a minimum of drug trackers.
b. Refer a minimum of drug related cases for prosecution
7. Enroll and follow -up on success levels of drug or alcohol addicted
residents in rehabilitative efforts.
South Florida H.LD.T.A.
State and Local Grants Program- (Revised August, 1993) 0
8. Conduct pre project survey within each target site and provide quantified
results and raw surveys to H.LD.T.A. within 60 days of grant start -up.
9. Establish steering committee in each site, comprised of law enforcement
representatives, state attorneys, members of public and
private sector organizations, and residents of the affected communities
within 30 days of grant start -up.
10. Ensure required level of steering committee attendance at all tri- county
governing board meetings
11. Establish neighborhood crime watch program in each target site
12. Establish and conduct weekly peer group counselling sessions for unemployed
residents in each target site
13. Provide resume development and employment interview training to
residents.
14. Assist adults within target site in enrolling in job training
programs.
15. Place a minimum of unemployed adult residents in public or private
sector full time employment positions
16. Provide credit counseling to at least adult and youth
residents in each target site.
17 Assist a minimum of public housing residents within each target
site, in finding and relocating to private sector housing units (rental or other).
18. Through success levels in other grant objectives, assist a minimum of
residents in each target site to withdraw from public welfare
support of any or all types.
19. Provide ongoing mentoring for a period of at least one year, to all residents
receiving employment, job training, educational opportunities, moving from
public to private housing, or withdrawing from other public assistance
programs as a result of grant activities.
South Florida FLLD.T.A.
State and Local Grans Program - (Revised August, 1993)
C4
20. In conjunction with local school officials, steering committee representatives,
juvenile justice boards and others, provide productive, education oriented
alternatives to school suspension or expulsion for a minimum of
residents.
21. Conduct a minimum of problem oriented policing projects in each
target site.
22. Conduct security surveys of all residences within each target site, and follow -
ups to determine compliance level and the affect ect on victimization rates.
23. Assist students within target site in obtaining after school
tutoring and/or drop out prevention counselling,. as applicable.
24. Assist students within target site in enrolling in college or
technical school programs.
Project Evaluation:
To evaluate the effectiveness of the Citizen Empowerment Project, it is necessary to
have a thorough understanding of conditions in each targeted area. Accordingly, the
grantee and subgrantees will be responsible for conducting comprehensive initial
research and surveys to determine on both an area and individual basis, current
conditions including but not limited to:
1) The current level of drug tra f lcking activity.
2) Probable identities of tv= ing tra f ccking organizations and the scope, nature
and source of current investigative activities to eliminate such organizations
3) Probable identities of existing drug suppliers to the affected ected area and the scope,
nature and source of current investigative activities to eliminate such supply
sources.
4) Identities of individuals residing within the affected area with criminal histories
and the nature of such histories.
S) Identities of individuals residing within or frequenting the affected ected area, who
are currently subjects of major criminal or drug related investigations.
6) Number of public, subsidized and private housing units within the affected area.
South Florida RLD.T.A.
State and Local Groats Program - (Revised August, 1993) C5
7) A thorough and detailed description of the area and its immediate surroundings,
including crime rate for all index crimes, high crime establishments, health and
safety conditions, conditions hindering effective enforcement and investigative
operations, conditions affecting victimization, citizen perceptions of criminal
activity and citizen perceptions of the. police.
8) For each household in the q ffected area (with voluntary consent of residents or
through available public records):
a) Resident of public, subsidized or private housing
b) Names, sex, ages and relationships of household members
c) Head of household
1.) If single parent family, maternal or paternal
d) Amount and sources of income for each household member
1.) Employment
2.) Social Security (type)
3.) Weyare
4.) AFDC
S.) Food stamps
6.) Other forms of public assistance (type .and amount of each)
e) Employed or unemployed.
fi IeMioyed.
1.) Name and address of employer
2.) Current position
3.) Annual gross salary and how often paid
4.) Length of time employed at current location
g) If unemployed:
1.) Employment history, i.e.
a.) Positions held and salaries for each
b.) How long since last employed
c) How long since actively seeking employment
d.) Whether or not receiving unemployment benefits
e.) How long since last unemployment benefit received.
2.) Whether or not willing to accept employment
a.) List in order of preference, of desired positions
b.) Conditions of acceptance, i.e.
(l) Distance from residence
(2) Hours
(3) Special transportation requirements
(4) Medical factors
(S) Child care needs
(6) Other
c.) Resident's opinion of what Ymuld be required for successful
acceptance and maintenance of employment
SMA Florida ILLD.TA.
Smre and Local Gmnts Progmm- (Revised August, 1993) C6
d.) Willingness to relocate for suitable employment opportunity
e.) Whether or not willing to participate in peer group meetings
involving other unemployed community members
h) Level of formal education
i) List of all job training attempted and whether or not completed. If
attempted but not completed, resident's assessment of reason
j) Other hobbies, skills, etc. for each household member, which might be
translated into employable skills.
k) If an occupant of public housing, amount of rent paid monthly
1) If an occupant of public subsidized housing, amount paid initially and
monthly
m) Condition of public or subsidized unit occupied
n) Total amount of other monthly obligations
o) Whether or not weuld accept credit counselling
p) Criminal histories of each household member and whether or not currently
on:
1.) Probation or Parole(Federal or State)
2.) Bond
q) If school -aged
1.) School currently attending
2.) Grade level
3.) Academic Average
4.) How marry times suspended from school and for what?
S.) How many days missed during current school year?
6.) Expelled? If so, why?
7.) Educational goals
8.) Plans to dropout? Why?
9.) How does student get to school daily, i.e. car, school bus, county bus,
metro-rail, etc.
r) Drug user? Type and quantity
1.) Past experience in rehabilitation programs? Mich programs? When?
s) Does household have private vehicle? (year and condition)
t) Other non household family members residing in public housing
1.) Names, sex, age and relationship
2.) Location of public housing
u) Other
9) A description of the types and approximate number of jobs available in the
larger community
10) A list and description of the types of job training programs existing within the
larger community, as well as the cost, requirements and length of each.
South Florida H.LD.T.A.
State and Local Gams Program-(Revisad August, 1993) G7
11) A list of child care facilities, their cost, number of openings etc. in the larger
community
12) A description of private housing (apt., condo, townhome, single family, etc.)
and average cost, including initial costs, within the larger community
Both this and a similar post program survey will be conducted and included in the
project's final report for each site.
South Florida H.LD.T.d.
State and Local Grm u . Progmm- (Revised August, 1993) C8
ATTACMTENT (1)
SOUTH FLORIDA H.I.D.T.A.
STATE AND LOCAL GRANT APPLICATION FORMAT
FOR
FINAL DRAFT FY '94 SUBMISSIONS
Please prepare the following in a 3 ring acco-fastened folder (If possible,
with a dear cover), divided by major sections as follows:
SECTION I
1. Cover page containing
a. Name and address of Requesting Department
b. Name of Grant
c. Primary area of Grant Focus, i.e. Citizen empowerment and:
Money Laundering, Violent Crime, Narcotics Trafficking, or
Interdiction
d. Primary level of criminal focus, i.e. Street level, Mid -level or
Source Country (Cartel) level.
e. Contact person and phone number
f. Amount Being Requested
2 Executive Summary
Comprehensive and concise document explaining what grant entails,
what will-be accomplished with FY'94 funding. Include any charts,
graphs, etc. that you feel will assist others in understanding
direction. This summary, including charts, graphs, etc., should be
written in a very straightforward manner, should be information
intensive, and should be very specific Perhaps the best way to
approach the summary is to consider what you would like your own
agency head to know if he /she were seeing your operation with no
prior knowledge and was considering whether or not to continue it.
3. Staffing frog Chart (Form will be provided. Information should include:)
a. Name of each individual involved
b. Agency or other public /private sector organization that person
represents
c. Rank or title
d. Whether or not collocated
e. Full or part time involvement
f. Total staffing with subtotals for
1)
2)
3)
4)
5)
6)
7)
8)
9)
10
Rank or title
Dept or other organization
Federal
State
Local
Public Sector
Private Sector
Area Residents
Part time
Full Tune
Items a - e are columns. Item f (primary) is an entry on the last line
in the last column. Items f.1) - f.7). should be stated as a summary
at the bottom or on a second sheet.
4. Objectives page
This should reflect by year, in plain language and real numbers,
what your objectives were, their status, and what your objectives are
for this year (A sample of how such a page might look, and how we
present cumulative goals to ONDCP, is attached).
5. Budget Summary Page (Existing Page 5)
6. Resolution Narrative - Part II (Existing Page 4)
SECTION II
1. Participating Agencies and Organizations Page (Existing Page 1)
2 Objectives - (Existing Page 3)
3. Descriptive Narrative - Part I (Existing Page 2)
Grant selection will be based on (and grant application narratives
should specifically address) several factors, including but not limited
to:
1) The method by which the proposed site was selected, and the scope of
the problem (as related to drug trafficking and dependency upon public
assistance programs) within the proposed site.
2) Demonstration of the interest, willingness and. ability of public and
private sector organizations as well as residents of proposed
neighborhoods to actively work towards the attainment of project goals
and objectives in a coalition of fort.
3) The likelihood of success based on a review of the proposed action plan.
4) The ability to thoroughly and accurately test and measure an approach
during the pilot year, which, if successful, can be replicated and .
expanded in the future.
5) The level of commitment and the feasibility of plans to continue the
project (within the selected site) in future years with reduced or no
H.I.D.T.A. funding.
All applications should additionally include a map of the selected
site, any historical, statistical and anecdotal material available
concerning the site, biographical data on the key individuals to be
dedicated to project activities, and letters of support from site
residents and public and private sector organizations.
SECI'ION III
1. Standard Forms 424 and 424A pages 1 and 2 (Existing OJP Grant
Application Forms - SIGNED) .
2. O%P Form 4061 Pages 1 and 2- (Existing OJP Forms -
CERTIFICATION REGARDING . LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND
DRUG -FREE WORK PLACE - SIGNED)
3. OJP Form M 7100.1D (Existing OJP Forms - CONTROL AND USE
OF CONFIDENTIAL FUNDS - SIGNED)
SECTION IV
1. Copy of Budget Summary Form (Existing page 5)
2. All applicable individual budget category forms, in order of budget
code (Existing Forms - pages 6 23)
City of South Mzaxni
Po IL : c<2! 13 o10o a rtxnOE�! rn-t�
INTER -OFFICE MEMORANDUM
To: MAYOR AND CITY COMMISSION
From: EDDIE COX,
CITY MANAGER
Date: June 1, 1995
Subject: AGENDA ITEM if 45
COMM. MTG. 05/23/95
PAYMENT FOR FORFEITURE ATTORNEY
The City of South Miami Police Department engages in the detection
and apprehension of members of the criminal element. During the
course of these activities assets are sometimes seized and
subsequently forfeited under the provisions of Florida Statute
932.701 -704 et seq. The representation of the City's interests in
this highly specialized field is accomplished through the use of
special counsel, whose rate is far below regular fees charged for
this type of representation, to wit: $65.00 per hour. Billing is
generated by the law firm of Parenti, Falk, Waas and Frazier.
I recommend approval.
GF /sv
0
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0
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $3,186.12 REPRESENTING FEES INCURRED
FOR LEGAL SERVICES BY PARENTI,FALK,WAAS & FRAZIER REGARDING
SEIZED ITEMS BY THE POLICE DEPARTMENT AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 15- 1910 -3100: "PROFESSIONAL
SERVICES", FEDERAL FORFEITURE ACCOUNT.
WHEREAS, the City has now received invoices for legal services
rendered in the amount of $3,186-12 for the period March 15
through April 15, 1995.
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 $3,186.12 to Parenti, Falk, Waas & Frazier for
legal services rendered regarding the City of South Miami Police
Department seized items.
Section 2. That this resolution shall be effective
immediately and after adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
CITY ATTORNEY
day of . 1995.
Cj0• ; • ��
MAYOR
GF /sv
■ City of South Miami
INTER- OFFICE MEMORANDUM
TO: Eddie Cox
FROM: Earl G. Gallop ,� r
RE: Payment of Forte ture Attorney's April 27, 1995 Statement
DATE: May 31, 1995
------------------------------------------------------------------
------------------------------------------------------------------
I recommend payment of the statement, except for the $19.50
charge for preparing a letter to me.
In supervising the activities of outside counsel, I would
appreciate it if Chief Hernandez would confer with me prior to
referring any matter to forfeiture counsel.
I will be happy to discuss this matter with you and Chief
Hernandez.
EGG /sgs
COXI.mmo
iS
5,
Please reply to:
501 Brickell Rey Dr., Suite 300
Miami, FL 33131
(305) 374 -5505
(305) 374 -6715 (fax)
6130 Sunset Drive, South Miami. Florida 33143 663.6300
May 31, 1995
Norman M. Waas, Esq.
Parenti, Falk, Waas & Frazier
113 Almeria Avenue
Coral Gables, FL-33134
Dear Mr. Waas:
I thank you for acknowledging on May 15, 1995 that your firm
will establish separate billing files for new matters, and for
identifying the properties against which time is billed in your
April 27, 1995 statement.
I will recommend approval of your statement to the city
commission, except for the 3/15/95 entry for preparing a letter to
me regarding billing. In the future, consistent with my February
16, 1995 request for sufficient detail to determine whether the
time expended was necessary and useful to the client, kindly
include a short description of the subject of telephone
conferences, meetings and letters.
Finally, I presume from the billing format used by your firm,
that you are not able to advise me regarding the total fees and
costs incurred on each individual forfeiture proceeding. However,
if you are able, I would like to know those amounts.
EGG :sgs
cc:
waas.ltr
Eddie Cox, City Manager
Rafael Hernandez, Chief
Very truly yours,
Earl G. Gallop
PARENTI, FALK, WAAS & FRAZIER
ATTORNEYS AT LAW
113 ALMERIA AVENUE
CORAL GABLES, FLORIDA 33134
TELEPHONE (305) 447 -6500
TELEFAX (305) 447 -1777
April 27, 1995
Captain Greg Feldman
City of South Miami Police Department
6130 Sunset Drive LEGAL BILL
South Miami, Florida 33143
RE: CITY OF SOUTH MIAMI POLICE DEPARTMENT
Insured NA
Claimant NA
D /Incident
Your File No. NA
Our File No. 0730 -NMW
Our IRS No. 59- 2361828
-------------------------------------------------------------------
BILLING STATEMENT # 1
Billing Period: 03/15/95 thru 04/15/95
-------------------------------------------------------------------
FEES FOR PROFESSIONAL SERVICES RENDERED: $ 2,879.50
(see billing statement attached)
OFFICE COSTS: $ 306.62
PAST DUE AMOUNT: $ 2,343.31
TOTAL AMOUNT DUE: $ 5,529.43
PLEASE INCLUDE OUR FILE NUMBER AND BILL NUMBER
ON THE FACE OF THE CHECK SO YOUR ACCOUNT CAN BE PROPERLY CREDITED
Continued...
foLIec-- G+
CITY OF SOUTH MIAMI POLICE DEPARTMENT
Billings through 04/15/95
Page 2
DATE
ATTY
DESCRIPTION
HOURS
RATE
AMOUNT
-- - - - - --
03/15/95
- - --
NMW
--------------------------- - - - - -- --
PREP OF LTR TO GALLOP RE BILLING
- - - - --
0.30
- - - - -- ------
65.00
- - - - --
10 19.50
03/15/95
NMW
PREP OF N /DISCHARGE OF LIS
0.40
65.00
26.00
PENDENS (5961 SW 76).
03/15/95
NMW
PREP OF STIP FOR DISMISSAL (5961
0.80
65.00
52.00
SW 76)
03/15/95
NMW
PREP OF STIP FOR SETTLEMENT (5961
0.80
65.00
52.00
SW 76)
03/16/95
LFH
LEGRES CONT'D RESEARCH RE LESSEE
1.50
65.00
97.50
STANDING
03/20/95
JRW
TELCON CAPT FELDMAN RE ABANDONED
0.30
65.00
19.50
PROPERTY
03/20/95
LFH
LEGRES FLA CASELAW RE STANDING
2.00
65.00
130.00
FOR MEMO OF LAW ($7291)
03/20/95
LFH
MISC FINALIZE MEMO RE HANGING
0.80
65.00
52.00
BASKET (7221 SW 58)
03/21/95
LFH
REC REV N /HRG (7221 SW 58)
0.30
65.00
19.50
03/21/95
LFH
TELCON MR GALLAGHER RE SETTLEMENT
0.20
65.00
13.00
(7221 SW 85)
03/22/95
LFH
PREP OF PETITIONER'S RESP TO
1.80
65.00
117.00
HANGING BASKET (7221 SW 58)
03/22/95
NMW
REC REV LTR FM HERSCH (5961 SW
0.30
65.00
19.50
76)
03/23/95
NMW
PREP OF LTR TO FELDMAN (5961 SW
0.30
65.00
19.50
76)
03/24/95
LFH
PREP OF LTR TO JUDGE SIMONS
0.30
65.00
19.50
($7921)
03/24/95
LFH
PREP OF MEMO OF LAW ($7921)
2.40
65.00
156.00
03/27/95
LFH
MISC REVIEW HRG TRANSCRIPTS FOR
1.00
65.00
65.00
USE IN MEMO,OF LAW RE PROBABLE CA
03/27/95
LFH
PREP OF LTR TO CAPT FELDMAN
0.30
65.00
19.50
($7921)
03/28/95
NMW
TELCON MR TARG (DR JAHWAC)
0.30
65.00
19.50
03/29/95
LFH
ATT CONF ATTY 9- TAc9jC,
0.70
65.00
45.50
03/29/95
LFH
TELCON CAPT FELDMAN RE JAHWAL
0.30
65.00
19.50
PROPOSAL 72-2 / Slc� S$7'1`1f
03/29/95
LFH
TELCON L. MULLIGAN 972.1
0.20
65.00
13.00
03/29/95
LFH
TELCON M. WEINER RE PROBABLE
0.20
65.00
13.00
CAUSE HRG 92-Z1
03/29/95
LFH
TELCON MR FERDIE (7221 SW 58)
0.30
65.00
19.50
03/29/95
NMW
ATT CONF MR TARG & MS HECKER RE
0.50
65.00
32.50
DR JAHWAL
03/29/95
NMW
TELCON MR TARG
0.30
65.00
19.50
03/30/95
LFH
FILE REV TO PREP AFFIDAVIT (7221
0.50
65.00
32.50
SW 58)
03/30/95
LFH
MISC REVIEW ENTIRE ATTY GEN'L
3.00
65.00
195.00
FILE FOR USE AT TRIAL (7221 SW
58)
Continued...
Page 3
CITY OF SOUTH MIAMI POLICE DEPARTMENT
Billings through 04/15/95
03/30/95 LFH PREP OF LTR TO J. SWOPES (7221
SW 58)
03/30/95 LFH TELCON CAPT FELDMAN RE SETTLEMENT
(7221 SW 58)
03/30/95 LFH TELCON MR TARG RE SETTLEMENT
(7221 SW 58)
03/30/95 NMW REC REV STIP & ORDER OF DISMISSAL
(5961 SW 76)
03/30/95 NMW TELCON MR TARG (RE JAHWAL)
03/31/95 LFH FILE REV TO PREP PROBABLE CAUSE
HRG (7221 SW 58)
03/31/95 LFH_ REC REV LTR FM ATTY WINER (7221
SW 58)
03/3.1/95 LFH REC REV R/R AFFIDAVIT FM MS
MULLIGAN (7221 SW 58)
03/31/95 LFH REC REV RESP TO S.MIAMI FM
HANGING BASKET (7221 SW 58)
03/31/95 LFH TELCON CAPT FELDMAN RE HRG (7221
SW 58)
03/31/95 LFH TELCON DET. SWOPE RE HRG (7221
SW 58)
03/31/95 LFH TELCON L. MULLIGAN RE AFFIDAVIT
(7221 SW 58)
03/31/95 LFH TELCON MR TARG RE FINAL
SETTLEMENT OFFER (7221 SW 58)
03/31/95 LFH TELCON T. DANIELS RE HRG (7221
SW 58)
03/31/95 NMW TELCON CAPT FELDMAN (DR JAHWAL)
04/03/95 LFH ATT HRG PRELIMINARY ADVERSARIAL
HRG (7221 SW 58)
04/03/95 LFH PREP OF LTR TO CAPT FELDMAN (7221
SW 58)
04/03/95 LFH PREP OF ORDER ON FINDING PROBABLE
CAUSE (7221 SW 58)
04/03/95 LFH REC REV R/R ARREST OR ON MR
HARWOOD ( 3•G•�•�rQ.� rZZ/ S-w
04/03/95 LFH TELCON CAPT FELDMAN 7z21�
04/04/95 LFH ATT HRG MR GROSS' M /WITHDRAW
(7221 SW 58)
04/04/95 LFH PREP OF LTR TO ATTY WEINER (7221
SW 58)
04/04/95 LFH PREP OF LTR TO G. FELDMAN (7221
SW 58)
04/04/95 LFH PREP OF LTR TO R. TARG (7221 SW
58)
04/04/95 LFH REC REV ORDER GRANTING CLAIMANT'S
M /WITHDRAW (7221 SW 58)
04/04/95 LFH TELCON K. MILLS RE MEMO OF LAW
($7921)
04/04/95 LFH TELCON MR DURANCE RE SETTLEMENT
(7221 SW 58)
Continued...
0.30 65.00
0.30 65.00
0.20 65.00
0.60 65.00
0.20
65.00
2.00
65.00
0.40
65.00
0.60 65.00
2.10 65.00
0.20 65.00
0.20 65.00
0.20 65.00
0.20 65.00
0.20
65.00
0.30
65.00
2.50
65.00
0.30 65.00
0.80 65.00
0.80
65.00
0.20
65.00
1.00
65.00
0.30
65.00
0.30 65.00
0.30 65.00
0.30 65.00
0.20 65.00
0.20 65.00
19.50
19.50
13.00
39.00
13.00
130.00
26.00
39.00
136.50
13.00
13.00
13.00
13.00
13.00
19.50
162.50
19.50
52.00
52.00
13.00
65.00
19.50
19.50
19.50
19.50
13.00
13.00
Page 4
CITY OF SOUTH MIAMI POLICE DEPARTMENT
Billings through 04/15/95
04/05/95
LFH
REC REV ORDER FINDING PROBABLE
0.30
65.00
19.50
CAUSE (7221 SW 58)
04/05/95
LFH
TELCON CAPT FELDMAN (7221 SW 58)
0.20
65.00
13.00
04/06/95
LFH
PREP OF LTR TO CAPT FELDMAN (7221
0.30
.65.00
19.50
SW 58)
04/06/95
LFH
PREP OF LTR TO CAPT FELDMAN (7221
0.30
65.00
19.50
SW 58)
04/06/95
LFH
PREP OF LTR TO CAPT FELDMAN (7221
0.30
65.00
19.50
SW 58)
04/06/95
LFH
REC REV AFFIDAVIT OF G. DEAN
0.30
65.00
19.50
($7921)
04/06/95
LFH
REC REV AFFIDAVIT OF M. MOSS
0.60
65.00
39.00
($7921)
04/06/95
LFH
REC REV ANS & AFFIRM DEFS ($7921)
0.30
65.00
19.50
04/06/95
LFH
Telephone conference with Mr
0.20
65.00
13.00
Swope (7221 sw 58 av)
04/11/95
LFH
Preparation of ltr to L. Mulligan
0.30
65.00
19.50
(7221 SW 58 Av)
04/11/95
LFH
Receipt & review ltr fm Atty
0.20
65.00
13.00
Weiner (7221 SW 58 Av)
04/12/95
NMW
Preparation of ltr to Feldman
0.30
65.00
19.50
(5961 sw 76 st)
04/12/95
LFH
Miscellaneous review cases cit d
1.50
65.00
97.50
in claimant's memo of lawga
04/12/95
LFH
Legal research re lat affidavit
1.50
65.00
97.50
.following obab e cause hrg is
9 2-11)
04/12/95
LFH
admissable�
Telephone conference with Mr
0.20
65.00
13.00
Weiner re settlement status (7221
SW 58 Av)
04/12/95
LFH
Telephone conference with Mr Targ
0.20
65.00
13.00
re settlement status (7221 SW 58
Av)
04/13/95
LFH
Receipt & review Pop. Bank's
1.20
65.00
78.00
m /clarify order finding probable
cause (7221 SW 58 Av)
04/13/95
LFH
Receipt & review order on
0.30
65.00
19.50
claimant's m /clarify order
finding probable cause (7221 SW
58 Av)
04/14/95
LFH
Receipt & revie order settin
cause for trial y2t v .SFA
0.30
65.00
19.50
04/14/95
LFH
Telephone confer ce with R. Targ
0.20
65.00
13.00
(7221 SW 58 Av)
SERVICES SUMMARY
ATTORNEY
HOURS
RATE
AMOUNT
JULIE R. WAAS 0.30
65.00
19.50
LESLIE
F. HECKER 38.60
65.00
2,509.00
3RMAN
M. WAAS 5.40
65.00
351.00
Continued...
CITY OF SOUTH MIAMI POLICE DEPARTMENT
Billings through 04/15/95
T 0 T A L F O R S E R V I C E S
OFFICE COSTS
Page 5
$ 2,879.50
DATE
DESCRIPTION
AMOUNT
-- - - - - --
03/31/95
----------------------------------------------- - - - - -- -------
Attendance of Court Reporter Only MATZ TRAKTMAN - HRG
- - - - --
50.00
3/14/95 ($7920)
03/31/95
Mileage LESLIE HECKER ($7921)
3.60
03/31/95
Mileage LESLIE HECKER (7221 SW 58)
6.60
03/31/95
Mileage LESLIE HECKER (7221 SW 58)
6.60
03/31/95
Parking LESLIE HECKER ($7921)
0.25
03/31/95
Parking LESLIE HECKER ($7921)
7.00
Photocopies thru 04/15/95
206.37
Facsimile thru 04/15/95
12.75
Postage thru 04 /15/95
13.45
T 0 T A L F O R E X P E N S E S
TOTAL FOR SERVICES AND EXPENSES
$ 306.62
-------- - - - - --
$ 3,186.12
PAST DUE BALANCE $ 2,343.31
-------- - - - - --
AMOUNT DUE $ 5,529.43
City c7f South Niiaini
Pot ice D4E�partmer'.t
INTER - OFFICE MEMORANDUM
To: CHIEF R. HERNANDEZ, JR '
VIA CHAIN OF COMHiAITD j
From: CAPT. G. FELDMAN
Date: MAY 01, 1995
Subject: PAYMENT FOR FORFEITURE ATTORNEY
The City of South Miami Police Department engages in the detection
and apprehension of members of the criminal element. During the
course of these activities assets are sometimes seized and
subsequently forfeited under the provisions of Florida Statute
932.701 -704 et seq. The representation of the City's interests in
this highly specialized field is accomplished through the use of
special counsel, whose rate is far below regular fees charged for
this type of representation, to wit: $65.00 per hour. Billing is
generated by the law firm of Parenti, Falk, Waas and Frazier.
GF /sv
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To:
From:
l0
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Mayor & City Co 'ssion Date: June 2, 1995
dac
ie Cox Re: 06/06/95 City Commission Agenda
City Manager Item 1% New RS -5 Zoning District
Back rg ound:
The City Attorney has proposed an ordinance which creates a new "RS-5" zoning district in
order to address the abundance of existing, legal, non - conforming lots in that portion of the
McKeever Terrace Subdivision currently designated with "RS -4" zoning. The ordinance will
establish 50 feet as the standard for street frontage in the new district which reflects the vast
majority of the existing, platted lots in the subdivision. No other change is accomplished.
The Planning Board voted 5:1 to approve the proposed ordinance, with the recommendation
that "McKeever Terrace Subdivision" be changed to read "a portion of the McKeever Terrace
Subdivision." The Planning Board voted 6:0 to add requirements that RS -5 re- zoning may
only be requested in districts where at least 80% of lots have frontage greater than 60 feet.
Staff concurs with the Planning Board suggested clarification regarding "a portion of the
McKeever Terrace Subdivision." Staff does not find the Planning Board suggestion for an
80% threshold necessary, since future re- zoning requests within the City are not anticipated.
Recommendation: Approval.
attachments
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND
DEVELOPMENT CODE, PROVIDING FOR "RS -5" SMALL LOT SINGLE
FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING
DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING
CLASSIFICATION FOR THE MCKEEVER TERRACE SUBDIVISION;
AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami enacted a land development
code on October 25, 1989; and,
WHEREAS, prior to the adoption of the land development code,
certain single family residential subdivisions containing lots
having 50 -foot frontage on public rights of way were established as
lots of record; and,
WHEREAS, certain of these 50 -foot frontage residential
subdivisions, and in particular, the McKeever Terrace subdivision,
are completely or substantially built -out; and,
WHEREAS, from time to time the minimum frontage requirements
under various zoning ordinances have been 75 feet and 50 feet; and
now 60 -foot frontage on public rights of way is the min'mum
frontage allowable under the land development code for single
family residential lots; and,
WHEREAS, established lots with 50 -foot frontage are
nonconforming lots of record; and,
WHEREAS, the Mayor and City Commission desire to create a RS -5
single family residential district for one or more built -out
subdivisions having lots with 50 -foot frontange on public rights of
way, and in particular, the McKeever Terrace subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article III, Section 20- 3.1(A) of the land
development code is amended to create:
RS -5 Single - Family (50' lots)
Section 2. Article III, Section 20- 3.1(B)(5) of the land
development code is amended, and subsequent paragraphs renumbered,
to create:
(5) "RS-511 Small Lot Single - Family (50' lots
Residential District
The purpose of this district is to provide for
built -out single - family residential
subdivisions characterized by smaller 50' lots
and to protect and improve the character of
existing development in the area. This
district is appropriate in areas designated
"Single - Family" on the City's adopted
Comprehensive Plan.
Section 3. Article III, Section 20 -3.5E, Dimensional
Requirements, Single Family Districts, of the land development code
is amended to create a category for RS -5 having the same
dimensional requirements as RS -4 with the following exception:
Frontage-(f-ti 50
Section 4. The Official Zoning Map of the City of South
Miami is amended to establish RS -5 as the zoning district for the
McKeever Terrace subdivision.
Section 5. This ordinance is referred to the South Miami
Planning Board for evaluation under Article V, Section 20 -5.5, as
an application requiring public hearings, and for recommendations
to the city commission regarding consistency with the comprehensive
plan, delineation of RS -5 zoning district boundaries, establishing
RS -5 zoning district for the McKeever Terrace subdivision,
amendment to the zoning map, and other necessary and proper action
to effecutate this ordinance.
Section 6. If any section, clause, sentence, or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 7. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 8. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RS -5.ord
0
day of , 1995.
APPROVED:
MAYOR
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Dean Mimms, AICP Date: May 5, 1995
Director of BZCD Dept
From: Bill Mackey Re: PB -95 -005: Commission
Planner f 'd RS -5 Zoning District
REQUEST:
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE III OF THE LAND
DEVELOPMENT CODE, PROVIDING FOR "RS -5" SMALL LOT SINGLE -
FAMILY RESIDENTIAL DISTRICT; ESTABLISHING RS -5 ZONING
DISTRICT BOUNDARIES; ESTABLISHING RS -5 ZONING CLASSIFICATION
FOR THE McKEEVER TERRACE SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT AND AN EFFECTIVE DATE.
Format: Planning Board is requested via Section 5 of the proposed ordinance to evaluate
the application per §20 -5.5 (Attachment 1) and make recommendations regarding:
1. Consistency with the Comprehensive Plan (Attachment 2);
2. Delineation of RS -5 zoning district boundaries (Attachment 3);
3. Establishing RS -5 zoning district for McKeever Terrace (Attachment 4);
4. Amendment to the City of South Miami Official Zoning Map; and,
5. Other necessary and proper action to effectuate this ordinance.
BACKGROUND & ANALYSIS:
The City Commission desires to amend the Land Development Code to create a new zoning
district entitled "RS -5" in order to permit 50 foot -wide lots in the McKeever Terrace Subdivision.
Please, refer to the City Attorney report regarding this matter which is on the following page.
RECOMMENDATION:
Staff recommends that the Planning Board vote to recommend approval of this application.
COMPREHENSIVE PLAN:
The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan.
APPLICABLE REGULATIONS: § 20- 3.1(A), 20- 3.1(B)(5), 20 -3.5E, & 20 -5.5 of the LDC.
City of SWth Miami
INTER - OFFICE MEMORANDUM
T0: Mayor and City Commission
FROM: Earl G. Gallop, City Attorney
RE: Ordinance creating 1IRS »5" Small. Lot Single - Family
Residential District and changing zoning, for
McKeever Terrace subdivision to. RS -5.
DATE April 28, 1995
The proposed ordinance (1) creates a.--zoning.- category for
established (built -out)- small lot., single-- tamiiy residential
subdivisions which-. have. - front lot widths of.at,least 50', feet and
(a) changes the zoning for the McKeever Terrace subdivision from
RS -4 to the new R&.5 category. The purpose of the ordinance is :to
recognize the built --out nature of certain older subdivisions,. and
specifically the McKeever. Terrace subdivision, in the northern part
of - the city. The affect of the ordinance is -..to change the. legal .
classification of lots in. the McKeever Terrace. subdivision fzom•
nonconforming lots. of ,records to confilr ming. lots. It is... believed.
that .this change will encourage'. investments.. by; homeowners- to
upgrade their properties and facilitate the, resale value. of the
prop®rtiew.
The McKeever Terrace ..subdivision was platted- .in 1984 for-50"
foot lots. It its- virtually completely built -out. Zoning .fzbntag'
requirements have varied `through the years A �75 -foot frontage
requirement was in, effect from June 15 f. 1:954. to June 8, ,1971* A.
subsequent 50 -f cot--requirement- lasted until October :ZS,. 19.99. When
the city adopted the. land development code,. it. approved a.60 -foot
requirement. The current-60,fcot requirement is-monsistent with
the intent of. the comprehensive- plan. to. sanction- and encourage
larger residontial lots throughout the. city.- The McKeever Terrace
subdivision is.. an anomaly because many subdivisioss- to. the ..south
are. characterised by- larger : than 5:.0 -foot. lots..
The City Commission has the legislative power to create. •the
RS -S category if it--determines that it is in the. beat interests-,of
the city. The .RS -5 category ,is -consistent with .the SD -foot minimum .
lot. size' requirement. of::.the..c=preheneive , plan.
The. proposed ordinance . is inspired; but not compelled, by.•.the
el:t litigation. I do not believe that plaintiff can prove,that
J-5- no - reasonable basis for- a 6D -foot .minimum .lot. frontage
requirement: However,. irrespective of the pending-litigation, the
City Commission could determine that. the. ordinance• is in the .pnblic
interest, which specifically, includes the owners in the
subdivision.,- as. well.-as. the rest of the owners and 1=e2idents of the
city. XGG /egg /nawd.sw
ATTACHMENT 1
m
20 -5.4 SOUTH MLA.MI LAND DEVELOPMENT CODE
20.5.4 Complete applications required.
(A) Completeness Determination. An application for any review under this Code shall be
submitted in the appropriate format and shall contain all information required by this article.
Upon receipt of an application, the director of building and zoning shall review such applica-
tion for completeness.
(1) If the director finds that such application is not complete, he or she shall return it to
the applicant with a specific list of missing items or other deficiencies.
(2) If the director finds that such application is complete, he or she shall submit it for
processing in accordance with this Code.
(B) Filing Fee Required. No application shall be considered complete unless accompanied
by the proper filing fee.
20.5.5 Applications requiring public hearings.
The following procedures shall be followed for all applications requiring a public hearing
before the planning board and city commission, including all applications for rezoning, text
amendments, special uses, variances and home occupational licenses.
(A) Preapplication Conference. Prospective applicants shall first schedule a preapplication
meeting with the director of building and zoning to discuss and analyze the proposed appli-
cation request. No statements made or information given during such preapplication confer-
ence shall be binding upon the city or prospective applicant.
(B) Required Submittal. At least twenty -one (21) calendar days prior to the first scheduled
public hearing date on the application, the applicant shall file a formal application with the
building and zoning department. At the time of this filing, the application shall include:
(1) A property survey by a registered surveyor;
(2) The signatures of at least twenty (20) percent of all property owners within five
hundred (500) feet of the subject property, showing their awareness of and concur-
rence with the proposed application;
(3) A site plan showing the proposed project and all required yard setbacks and other
requirements; and
(4) The appropriate filing fee.
(C) Planning Board Notice Requirements. Upon receipt of a complete application, the
building and zoning department shall prepare a Notice of Public Hearing and a location map
of the subject property. At least ten (10) calendar days prior to the scheduled public hearing by
the planning board on the application, the building and zoning department shall:
(1) Mail a copy of the public hearing notice and location map to all property owners
within a five hundred (500) foot radius of the subject property;
21 Post a sign on the subject property which identifies the nature of the pending appli-
cation. time of scheduled hearing and telephone number for further information;
108
PROCEDURES AND APPLICATIONS
20 -5.6
(3) Place a legal notice in a local newspaper of general circulation which notifies the
public of the scheduled hearing date, location of subject property and nature of ap-
plication request: and
(4) Notify the applicant of the scheduled public hearing date before the planning board.
(D) Planning Board Staff Report. A staff report shall be prepared by the building and
zoning department prior to the scheduled planning board public hearing which includes its
findings of fact relating to the application and a statement as to the compliance of the appli-
cation with this Code.
(E) Planning Board Public Hearing. The applicant or applicant's representative shall
appear at the scheduled planning board public hearing and verbally present the application
request. After presentation of the staff report and an opportunity for input and comments on
the application by the public present, the board shall make a recommendation to approve, deny
or modify the application and transmit said recommendation to the city commission.
(F) City Commission Staff Report. After the planning board public hearing, the building
and zoning department shall prepare a revised staff report for the city commission which
incorporates the board recommendation, minutes of the public hearing and any adjustments or
changes to its initial report that it deems appropriate as a result of testimony presented during
the planning board public hearing.
(G) Commission Meeting Notice Requirements. At least ten (10) calendar days prior to the
scheduled public hearing by the city commission on the application, the city clerk shall:
(1) Mail a copy of the hearing notice and map to all property owners within a five
hundred (500) foot radius of the subject property in the application;
(2) Post a sign on the subject property which identifies the nature of the pending appli-
cation, time of scheduled public hearing and telephone number for further informa-
tion;
(3) Place a legal notice in a local newspaper of general circulation which notifies the
public of the scheduled hearing date, location of subject property and nature of ap-
plication request; and
(4) Notify the applicant of the scheduled public hearing date before the city commission.
(H) City Commission Public Hearing. The applicant shall appear at the scheduled public
hearing before the city commission and verbally present the application request. After the
public hearing, the city commission shall approve, deny or modify the application.
20.5.6 Applications in general.
(A) General Requirements. All applications shall be submitted and processed pursuant to
the requirements of this Code and shall be submitted by the owner of the property or an
authorized agent of such owner on application forms available in the department of building
and zoning. The director may require reasonable proof of agency from any agent.
109
ATTACHMENT 2
ICO
Single - Family (Two - Story)
The single- family land use category is intended to provide for one residential dwelling
unit on each parcel of land. Parcels should have a minimum area of 10,000 square feet. In
areas where existing platting is characterized by parcels larger than 10,000 square feet,
zoning regulations should be consistent with such parcel sizes provided that minimum
parcel sizes need not exceed one acre. Sites large enough to be subdivided into parcels of
10,000 square feet or larger could be zoned accordingly, but only if such zoning would be
compatible with surrounding development.
Lot of Record: If the owner of a platted lot in any district does not own a parcel or tract of
land immediately adjacent to such lot, and if the deed or instrument under which such
owner acquired title to such lot was of record prior to the application of any zoning
regulations to the premises, or if such lot were created and first recorded in compliance
with the zoning regulations in effect on the lot at the time of recording, and if such lot does
not conform to the requirements of such regulations as to the width of lots and lot area, the
provisions of such lot area and lot width regulations shall not prevent the owner of such lot
from erecting a single- family dwelling or making other improvements on the lot,
provided such improvements conform in all other respects to the applicable zoning
regulations provided that such platted lot is not less than fifty feet in width and has a
frontage of at least fifty feet. The term "platted lot" as used herein shall mean a full and
complete separate parcel designated as a lot, parcel, or tract as part of a subdivision plat
recorded in the public records of Dade County, Florida.
ATTACHMENT 3
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McKeever Terrace
Subdivision
25 -49 50 -59 60 -74 75 -99 100 -149 150 +
Lot Frontage
M I N U T E S DRAFT
P L A N N I N G B O A R D
TUESDAY, MAY 9, 1995
CITY COMMISSIONERS' CHAMBERS
7:30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
II. Roll Call.
PRESENT ABSENT
P. Eisenhart O. Kerr
S. Basu
C. Thorner
G. Illas
K. Zeller
J. Lefley
Also Present: Bill Mackey, Planner; David Struder, Secretary.
III. Public Hearings:
PB -95 -005
Applicant: Mayor & City Commission
Request: An ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending Article III
of the Land Development Code, providing for "RS -5"
small lot single - family residential district;
establishing RS -5 zoning district boundaries;
establishing RS -5 zoning classification for the
McKeever Terrace subdivision; amending the official
zoning map, providing for severability, ordinances
in conflict and an effective date
Ms. Zeller read the request. Staff explained that, at the request
of the City Commission, Building & Zoning had studied RS -4 zoning
districts for re- zoning feasibility. Staff noted that lots in RS-
4 with less than 60 feet of frontage are referred to as legal non-
conforming lots, with a large concentration of such lots being in
McKeever Terrace subdivision.
Public Hearing was opened.
Mr. David Tucker Sr., of 6556 SW 78 Terrace, spoke in favor of the
application. Mr. Tucker stated that he believed the new zoning
district is a "fair and equitable" solution to McKeever Terrace's
residents' concerns. He also stated that the new zoning
designation will come to benefit residents.
PB Min 5/9/95
1
Ms. Erica English, of 6117 SW 44 Street, stated that she had
questions relating to the application. She inquired if most lots
in the McKeever Terrace subdivision, which contain 50 feet of
frontage, could be subdivided as a result of the zoning change.
She also inquired if this zoning change would resolve issues
pertaining to the Melton litigation, referring to the City
Attorney's inter- office memorandum of April 28, 1995.
Staff replied that if the square footage requirement is met, which
is 6000 square feet, subdividing of the properties which contain
two 50 -foot lots could take place.
Mr. Bradley Coule, of 6235 SW 42 Street, stated his support of the
application, however, he expressed a desire to. ascertain the
effects a zoning change of this nature would have on the value of
properties with 50 feet of frontage. He closed by emphasizing that
he is in favor of this type of zoning change for McKeever Terrace
only, as opposed to other areas of the City.
Mr. Lef ley responded that the value of properties is determined
primarily by market dynamics.
Mr. Mario Perez, of 6210 SW 42 Street, stated that he would be in
favor of the zoning change.
Upon Mr. Eisenhart's inquiry, staff confirmed that the zoning
change addresses portions of the McKeever Terrace subdivision
currently zoned RS -4 only.
There being no one else wishing to speak for or against the
application, the public hearing was closed and executive session
was opened.
Mr. Basu stated his concern about a zoning change of this nature
taking place elsewhere, particularly if the same conditions exist
in other locations within the City. He further stated that the 60-
foot frontage requirement sets forth the character of spaciousness
enjoyed by the City.
Staff responded that the zoning change to RS -5 reflects the
character and composition of the specific area of the City
affected, namely the McKeever Terrace subdivision.
In regard to Mr. Lefley's concern about the language contained in
the proposed ordinance, staff responded that Section 4 should read
"The Official Zoning Map of the City of South Miami is amended to
establish RS -5 as the zoning district for a portion of the McKeever
Terrace subdivision." Mr. Mackey confirmed that he would speak
with the City Attorney regarding this minor change.
Mr. Illas expressed his concern regarding any effects (e.g.,
traffic, sewer, water, etc.) that an increase in density would have
on the impacted area, as a result of the proposed zoning change.
In response to Mr. Basu's inquiry regarding the reasoning for the
zoning change, staff replied that the change would reduce the
number of non- conforming lots in the City.
Motion: Mr. Eisenhart moved to approve the application, with the
recommendation that reference to McKeever Terrace subdivision be
further clarified, with the City Attorney's input and instructions,
particularly as stated in Attachment 3 as a "portion of McKeever
Terrace subdivision." Ms. Zeller seconded the motion.
Upon discussion, Mr. Basu suggested that an amendment be considered
in order that no "trends of the 190s," i.e., requests for zoning
changes, result from the application.
Mr. Eisenhart suggested an amendment that 80% of lots, 60 feet or
greater (in frontage), would be ineligible to apply for a zoning
change. Upon further discussion, Mr. Eisenhart suggested an
amendment that if a group of property owners petition the city for
a zoning change to RS-5, 20% of the lots must be 60 feet or less
(in frontage).
For clarification, Mr. Basu suggested an amendment that 80% of the
lots in a district requesting a zoning change, 60 feet or more (in
frontage), would be denied eligibility for consideration. He
stated that this amendment comes out of his general concern for the
City. Ms. Thorner added that the amendment is strongly recommended
by the Board.
The Board then voted on Mr. Eisenhart's main motion, seconded by
Ms. Zeller, inclusive of the recommendation that the areas of
McKeever Terrace included in the application for the zoning change
to RS -5, as shown on Attachment 3 of tonight's agenda, be further
clarified by the City Attorney.
Vote: Approved: 5 Opposed: 1
(Mr. Illas)
The Board followed by voting on Mr. Basu's amendment, seconded by
Ms. Thorner, that 80% of the lots in a district requesting a zoning
change, 60 feet or more in frontage, would be ineligible for re-
zoning consideration.
Vote:
PB Min 5/9/95
N
Approved: 6 Opposed: 0
3
IV. Remarks.
Annexation:
Ms. Thorner suggested that the City provide notice to Planning
Board members regarding future annexation issues and events.
Bakery Centre:
Upon Mr. Basu's inquiry, staff confirmed that the number of
proposed residential units and the number of theater seats remain
approximately the same in the recently updated plans. Mr. Basu
urged the City to maintain a "vigilant" eye on the progress made
at the Bakery Centre site.
Upcoming Planning Board meetings:
Staff noted as a reminder that the joint City Commission /Planning
Board workshop is scheduled for June 13, 1995. Staff also asked
that the Board obtain quorum for the May 30, 1995 meeting.
Mr. Eisenhart as Planning Board chairperson:
The Board thanked Mr. Eisenhart for a job "well done" as Planning
Board chairperson.
V. Election of Chairperson and Vice - Chairperson.
Mr. Eisenhart moved that Mr. Lefley be nominated as chairperson and
Mr. Basu be nominated as vice - chairperson. Ms. Thorner seconded
the motion.
Vote:
VI.
Approved: 6 Opposed: 0
Approval of the Minutes from April 25, 1995.
In regard to page 4, paragraph 5, Mr. Eisenhart asked that the
paragraph be amended to read as follows: "...about the financing
of plans at the Bakery Centre site. Mr. Turbidy stated that
financing is in place, with closing scheduled for June 30, 1995,
and they hope to begin construction at the end of summer 1995."
Mr. Eisenhart requested that the last paragraph on page 6, last
sentence, read as follows: "Mr. Eisenhart suggested that the City
explore monies through Federal Community Development Block Grant
programs (which the City can receive /fund through Dade County)."
PB Min 5/9/95
F�
4
Also, in regard to page 7, part V, Mr. Eisenhart asked that the
sentence read as follows: "The Board decided to postpone the
election of a new chairperson and a new vice - chairperson until such
time that the full board is present."
Motion: Mr. Illas moved to approve the Minutes of April 25, 1995,
as amended. Ms. Zeller seconded the motion.
Vote: Approved: 6 Opposed: 0
VII. Adjournment.
Chairperson
PB Min 5/9/95
0
Secretary
5
CITY OF SOUTH MIAMI
MEMORANDUM
TO: Honorable Mayor & DATE: 5/25/95
City Commission
FROM: Ronetta Tayl
City Clerk
RE: Minutes of May 16, 1995 City Commission Meeting
-------------------------------------------------------------------
Enclosed for your review and comments, are the City Commission
minutes of May 16, 1995.
If this format is not to your satisfaction, please let me know.
c: Eddie Cox
City Manger
Earl G. Gallop
City Attorney
1
2 CITY OF SOUTH MIAMI
3 REGULAR CITY COMMISSION MINUTES
4 May 16, 1995
5 CALL TO ORDER:
6 The regular City Commission meeting of the City of South
7 Miami, Dade County, Florida was called to order by Mayor Carver on
8 Tuesday May 16, 1995, at 7:30 p.m, in the City Commission Chambers,
9 6130 Sunset Drive. The following members of the City Commission
10 were present: Mayor Neil Carver, Vice Mayor R. Paul Young,
11 Commissioners, Ann B. Bass, Thomas Todd Cooper and Tom Cunningham.
12 Also in attendance were: City Manager Eddie Cox, City
13 Attorney Earl Gallop and City Clerk Rosemary Wascura.
14 A. Invocation:
15 The Invocation was delivered by Commissioner Cunningham.
16 B. Pledge of Allegiance:
17 The Pledge of Allegiance was recited in unison.
18 C. Presentations:
19 1. Certificate of Appreciation
20 Commissioner Bass presented Mr. Andy Hessen with a Certificate
21 of Appreciation for his contributions to the City of South Miami
22 while working on the Cool Community Committee, which was a division
23 of American Forest. She informed the Commission that this
24 Committee had chosen two (2) demonstration sites in the city, one
25 for "tree canopy" and one for "roof whitening."
26 Commissioner Bass stated the Committee choose the downtown
27 area for a "roof whitening" site. The concept was to whiten roofs
28 in order to save energy and combat global warming. She stated the
29 City needed a site to demonstrate the "roof whitening" and Mr.
30 Hessen volunteered his building, as well as paid for the actual
31 "roof whitening."
32
33 Commissioner Bass stated that Mr. Hessen's tenants, and not he
Regular City Commission Minutes - May 16, 1995
1 benefited from a cooler environment and lower electric bills.
2 She said the City of South Miami appreciated
Mr. Hessen's
3 outstanding contributions by
making available the
demonstration
4 site, as well as allowing his
fellow building owners an opportunity
5 to see what a good deal the
"roof whitening" would
be for their
6 tenants.
7 Mr. Hessen thanked Commissioner Bass for the contributions she
8 had made towards the Committee's efforts. He further thanked
9 Commissioner Cooper for allowing him to work on his [Cooper]
10 committee last year. Mr. Hessen also thanked Mayor Carver for
11 allowing him to work on his committee as well. Mr. Hassen stated
12 there appeared to be a great deal of success in the City when City
13 Hall worked together with the residents and business owners of
14 South Miami, and he hoped this successful formula continued.
15 2. "Officer of the Month"
16 Chief Hernandez made a presentation to Officer Sam Lawson as
17 the "Officer of the Month ", for the month of May 195. He informed
18 the City Commission that during the month of March 195, Officer
19 Lawson had made four (4) felony arrest; three (3) misdemeanors; and
20 three (3) traffic arrests.
21 Chief Hernandez explained further by stating: 1) on March
22 10th, Officer Lawson was dispatched to 6290 South Dixie Highway.
23 What he found was a violent suspect who resisted arrest and kicked
24 out the rear door of the police car. Chief Hernandez commended
25 Officer Lawson for his quick thinking in bringing this violent
26 suspect into custody without anyone getting hurt; 2) March 23rd,
27 Officer Lawson observed a vehicle with no license plate, occupied
28 by a male and two females driving Eastbound on S.W. 64th Street,
29 from 62nd Avenue. When Officer Lawson stopped the vehicle, the
30 driver approached Officer Lawson and advised him to keep an eye on
31 the female sitting in the back seat of the vehicle because she was
32 trying to hide something. Officer Lawson advised the female to
33 exit the vehicle and upon her doing so, he observed a bulge under
34 her jacket.
35 Chief Hernandez stated for Officer Lawson's safety he
36 conducted a pat down of the female and discovered a crack pipe
37 along with four (4) crack cocaine rocks; 3) March 24th, Officer
38 Lawson answered a Burglary in Progress call in the 8700 block of
39 S.W. 40th Street. Officer Lawson observed a vehicle traveling at
40 a high rate of speed, Eastbound on S.W. 40th Street. Officer
41 Lawson followed the vehicle, and called in the tag number which
2
Regular City Commission Minutes - May 16, 1995
1 came back as stolen. The driver of the vehicle continued driving
2 at a high rate of speed and lost control of the vehicle. The
3 driver then fled on foot, a perimeter was set up and due to Officer
4 Lawson's actions the driver was apprehended.
5 Chief Hernandez further informed the Commission that there
6 were four other suspects inside the vehicle. They too, tried to
7 flee and were apprehended a short time later inside the perimeter.
8 Chief Hernandez stated as a direct result of Officer Lawson's
9 actions and excellent police work, he was award "Officer of the
10 Month" for the month of May ' 95 .
11 Chief Hernandez then presented Officer Lawson with an Award
12 Letter, Officer of the Month Pin, a plaque and a check in the
13 amount of Seventy Five ($75.00) Dollars which had been given
14 through the generosity of Red /Sunset Merchants Association and an
15 anonymous donor.
16
17 Mayor Carver congratulated Officer Lawson. He further stated
18 the City of South Miami was very proud of him.
19 ITEMS FOR COMMISSION CONSIDERATION:
20 1. Approval of Minutes - May 2, 1995
21 It was moved by Commissioner Bass, seconded by Vice Mayor
22 Young and Commissioner Cunningham to approve the minutes with the
23 following corrections.
24 Page 12, line 16 should read "or substandard would keep people
25 from improving their homes."
26 Page 12, line 23 the word "with" should be taken out.
27 After there were no further corrections the motion passed by
28 a 5 -0 unanimous vote:
29 Commissioner Bass: Yea
30 Vice Mayor Young: Yea
31 Commissioner Cunningham: Yea
32 Commissioner Cooper: Yea
33 Mayor Carver: Yea
3
Regular City Commission Minutes - May 16, 1995
1 2. City Manager's Report:
2 Manager Cox stated that he would like the Commission's support
3 regarding the football/ cheerleader 's banquet, if the City was going
4 to move forward with the event. He informed the Commission that
5 this event was not a part of the recreation department's budget but
6 from his understanding the City had paid for last year's event.
7 Manager Cox informed the Commission the cost to the City would
8 be Sixteen Hundred Seventy Five Dollars ($1,675), and if the City
9 Commission so directed him, he would find the necessary funds for
10 this event.
11 Mayor Carver asked if there were any objections to the City
12 Manager allocating the funds for this event. He further stated
13 during last evening's Community Action Advisory Committee meeting
14 there were some concerns expressed regarding whether or not this
15 event would take place. He suggested that Manager Cox advise all
16 parties concerned that the City would be sponsoring this event, and
17 to further encourage finding additional funding sources and
18 sponsors for future events.
19 Manager Cox assured the Mayor and Commission there would be
20 other methods found to support future banquets.
21 Manager Cox continued by informing the Commission that Dade
22 County had stopped providing mulch, and the City had no longer been
23 able to get it to provide to the citizens of South Miami. He
24 stated that Mr. Cowen, the City's Recreation Director, has made
25 arrangements through some private nurseries, to deposit this mulch
26 at the City's park. As long as the mulch lasts, the City would be
27 providing it free to residents.
28 Manager Cox stated, with the Commission's permission he would
29 like to direct a letter, under his signature, to the Private
30 Industry Council (PIC) which was the funding source for the City's
31 Career Counseling Program. He stated that Mr. Pratt, Director of
32 Development/ Career Counseling had informed him that (PIC) would be
33 asked to fund only those programs with very strong track records.
34
35 Manager Cox stated the City's Career Program was a very young
36 program, but one which he thought was very productive. The City's
37 program was not as strong as programs that have been in existence
38 for several years. He stated that he and Mr. Pratt both felt the
39 City of South Miami might be in the process of losing funding. In
40 the letter to (PIC) and its Chairperson, Mr. Willie Ivory he [Cox]
41 would express the concerns and fears of the City Commission and the
4
Regular City Commission Minutes - May 16, 1995
1 possibility that the City might lose its funding. He would further
2 urge them to give South Miami's program some consideration
3 regarding continued funding.
4 Manager Cox continued by stating the City's program might not
5 be that strong now, but would be much stronger by next year, and
6 certainly even stronger the year after that.
7 Mayor Carver asked the Commission if there were any
8 objections. There being none, he then asked if there were any
9 comments for the City Manager.
10 Vice Mayor Young stated that he would like to work with
11 Manager Cox on this matter. He further stated that he was
12 previously a board member of (PIC) and still had a lot of friends
13 there. He informed the Commission that he would probably be making
14 an appearance at the next board meeting on behalf of the City.
15 Manager Cox informed Vice Mayor Young that he was sure his
16 [Young] participation would be helpful. He invited the other
17 commissioners to consider calling Metro Dade Commissioner Reboredo
18 or anyone else they felt would be of assistance and influential in
19 helping the City with this project.
20 3. City Attorney's Report:
21 Attorney Gallop informed the Commission that during the past
22 two weeks there had been an alleged incident of sexual misconduct
23 by a city employee, involving a minor.
24 Attorney Gallop commended the City's police department for its
25 effective investigation of the matter when it came to the City's
26 attention. The investigation quickly identified the perpetrator
27 and resulted in the apprehension of the person.
28 Attorney Gallop informed the Commission that the City had
29 taken all the appropriate and necessary risk management measures,
30 and were clearly cooperating with the State Attorney's office with
31 its investigation into the conduct and evaluation of this matter.
32 Mayor Carver asked the Commission if there were any comments
33 for the City Attorney. He further asked if there were any item(s)
34 on the Consent Agenda the Commission might want to move. There
35 being none, Mayor Carver then asked Clerk Wascura to read the
36 Consent Agenda.
5
Regular City Commission Minutes - May 16, 1995
1 CONSENT AGENDA
2 Resolution No. 74 -95 -9623
3 4. A resolution of the Mayor and City Commission of the City of
4 South Miami, Florida, approving City Attorney fees in the
5 amount of $3,399.71 to be charged to Account No. 1500 -3410.
6 Resolution No. 75 -95 -9624
7 5. A resolution of the Mayor and City Commission of the City
8 of South Miami, Florida ratifying the purchase of parts for
9 emergency repairs to refuse collection truck #21 -38A, and
10 authorizing the City Manager to disburse the sum of $1,667.54
11 from Account No. 1720- 5240, "Equipment Maintenance - Parts."
12
Resolution No. 76 -95 -9625
13
6. A resolution
of the Mayor and City Commission of the City of
14
South Miami,
Florida authorizing the Chief of Police, upon
15
approval of
the City Manager, to accept donations and
16
contributions
of monies, goods or services to the police
17
department.
18
Resolution No. 77 -95 -9626
19
7. A resolution
of the Mayor and City Commission of the City of
20
South Miami,
Florida, authorizing the City Manager to accept
21
funds from the
Federal Drug Control and Improvement Program
22
Grant coordinated
by the Metropolitan Dade Office of
23
Substance Abuse Control in the amount of $5,092 and
24
authorizing the
use of $1,697.00 in Federal Forfeiture Funds
25
as required
25% match for Domestic /Family Violence
26
Intervention
during the 1996 Program year; authorizing the
27
City Manager
to transfer $1,697.00 from Account No. 15 -1910-
28
3490 entitled
"Federal Forfeiture Funds" as the required
29
25% match and
depositing funds for this purpose in Account
30
No. 15- 0219.015
entitled: "Domestic /Family Violence
31
Intervention"
32 It was moved by Commissioner Bass, seconded by Commissioner
33 Cunningham and Vice Mayor Young to adopt the Consent Agenda as read
34 with the Clerk assigning the next available resolution numbers.
31
Regular City Commission Minutes - May 16, 1995
1 Attorney Gallop informed the Commission that Item No. 7 needed
2 to have some changes made to it. He then asked Manager Cox if
3 there were any other changes besides the dollar amounts that needed
4 to be made at this time.
5 Manager Cox informed the Commission that the City had received
6 a little more funding than anticipated therefore the dollar amounts
7 needed to be changed and instead of the amounts being: $1,69700 ,
8 and $51092, they were: $1,723.00 and $5,168.00 respectively.
9 It was moved by Mayor Carver, seconded by Commissioner Bass to
10 amend the resolution with the necessary monetary changes
11 There being no discussion the motion passed by a 5 -0 vote.
12 Commissioner Cunningham: Yea
13 Vice Mayor Young: Yea
14 Commissioner Bass: Yea
15 Commissioner Cooper: Yea
16 Mayor Carver: Yea
17
18 There being no further discussion on the Consent Agenda, the
19 motion passed by a 5 -0 vote:
20 Commissioner Bass: Yea
21 Commissioner Cooper: Yea
22 Vice Mayor Young: Yea
23 Commissioner Cunningham: Yea
24 Mayor Carver: Yea
25 ORDINANCES /SECOND READING AND PUBLIC HEARINGS)
26 There were none.
27 RESOLUTIONS) FOR PUBLIC HEARINGS)
28 There were none.
7
Regular City Commission Minutes - May 16, 1995
1 RESOLUTIONS)
2 Resolution No. 78 -95 -9627
3 8. A resolution of the Mayor and City Commission of the City of
4 South Miami, Florida, relating to the Bakery Centre
5 Redevelopment Project; amending the effective date of the
6 DRI Development Order to March 1, 1996 and amending
7 Paragraph 3 of Section 2 of the findings of fact; providing
8 an effective date.
9 The above resolution was read by title by City Clerk Wascura.
10 It was moved by Vice Mayor Young, seconded by Commissioner
11 Cunningham to adopt the resolution with the Clerk assigning the
12 next available resolution number.
13 Attorney Gallop explained that the applicant had asked to
14 change the effective date of the DRI Development Order from July 1,
15 1995 to March 1, 1996 (which was really the starting date).
16 Attorney Gallop made reference to Section 1 of the resolution
17 and explained that there were a certain number of events, with
18 whatever occurs first begins the effective date of the Construction
19 Order, (i.e. if they close on the property and the deed was
20 recorded, a transfer of title from the property owner to the
21 developer) the Development Order would then be effective, but if
22 this was ignored, the start date would still, remain effective as
23 of July 1, 1995.
24 Attorney Gallop further stated from the start date, certain
25 other activities would need to occur. They must pull their first
26 building permit within two (2) years of the effective date of this
27 resolution, and the improvements along Sunset Drive must be
28 installed within the first year after the appropriate permits had
29 been pulled.
30 Attorney Gallop informed the Commission that the expiration
31 date of the DRI Development Order was four (4) years from the
32 effective date of the order.
33
Attorney Gallop stated
that Mr. Fletcher, a
representative
34
from the Bakery Centre was
present to answer any
questions they
35
[Commission] might have. He
stated they intended to close as soon
36
as possible, but they also
wanted flexibility in
the effective
37
date because of the pending
transaction involving
the closing.
38 Attorney Gallop informed the Commission that there was also an
N
Regular City Commission Minutes - May 16, 1995
1 amendment in Paragraph 3 of Section 2, the findings of fact in the
2 original DRI Development Order to correct the scrivener's error
3 which involved the calculations that were adjusted in a prior DRI
4 Development Order, during the City Commission public hearing on
5 December 6, 1994.
6 Attorney Gallop stated these errors had already been discussed
7 with the Department of Community Affairs and all agreed this
8 amendment would be a clean up of that particular session.
9 Mayor Carver asked if there were any further comments or
10 discussion from the City Attorney. There being no discussion or
11 comments the motion passed by a 5 -0 vote.
12 Commissioner Cunningham: Yea
13 Vine Mayor Young: Yea
14 Commissioner Bass: Yea
15 Commissioner Cooper: Yea
16 Mayor Carver: Yea
17 Mayor Carver moved to bring the following resolution to the
18 floor: A resolution of the Mayor and City Commission of the City
19 of South Miami, Florida terminating the appointment of
20 Ms. Rosemary Wascura as the City Clerk, providing an effective
21 date. This motion was seconded by Commissioner Cunningham.
22 There being no further discussion this motion passed by a 5 -0
23 vote.
24 Commissioner Cunningham: Yea
25 Vice Mayor Young: Yea
26 Commissioner Bass: Yea
27 Commissioner Cooper: Yea
28 Mayor Carver: Yea
29 Mayor Carver read the resolution into the record as follows:
30 Resolution No: 79 -95 -9628
31 A resolution of the Mayor and City Commission of the City of South
32 Miami, Florida terminating the appointment of Ms. Rosemary Wascura
33 as the City Clerk, providing an effective date.
34 Whereas, pursuant to Article 11, Section 7 of the City Charter the
35 City Clerk is appointed by the City Commission to serve at the
36 pleasure of the Commission; and
9
Regular City Commission Minutes - May 16, 1995
1 Whereas, the South Miami City Commission desires to terminate the
2 appointment of Ms. Rosemary Wascura as the City Clerk.
3 Now, therefore, be it resolved by the Mayor and City Commission of
4 the City of South Miami, Florida:
5 Section 1: The appointment by the City Commission of Ms. Rosemary
6 Wascura as the City Clerk of the City of South Miami is terminated.
7 Section 2: This resolution shall take effect immediately upon
8 approval.
9 It was moved by Mayor Carver, seconded by Commissioners
10 Cunningham and Cooper to approve this resolution with the Clerk
x,/11 assigning jK the next available resolution number.
12 Mayor Carver explained his reasons for placing this resolution
13 on the floor. He stated that in his opinion the City Clerk, at
14 this time had lost the confidence and trust that he had and needed
15 in a City Clerk. He stated this move also went along with some of
16 the other changes made to insure that operations in City Hall were
17 as professional as possible.
18 Mayor Carver further stated it was his understanding from the
19 City Attorney that per the City's Charter, the City Clerk served at
20 the pleasure of the Commission. He asked Attorney Gallop if his
21 understanding was correct.
22 Attorney Gallop confirmed this was correct, and stated. that
23 Article II, provides that the City Commission had the power to
24 appoint the City Manager, City Attorney and City Clerk to serve at
25 the Commission's pleasure. He said this meant the Commission could
26 terminate the appointment of either of the three officials for no
27 reason at all, or for any reason.
28 Attorney Gallop stated that if the City Commission articulates
29 a reason for the termination, then under the Charter as well as
30 Dade County's, the person affected [City Clerk] had the right to
31 respond to the reasons if she so wishes.
32 Mayor Carver asked if there any further discussion
33 regarding this resolution.
10
Regular City Commission Minutes - May 16, 1995
1 There being no further discussion, the motion passed by a 5 -0
2 vote:
3 Commissioner Cunningham: Yea
4 Commissioner Bass: Yea
5 Commissioner Cooper: Yea
6 Vice Mayor Young: Yea
7 Mayor Carver: Yea
8 At this time Mayor Carver called for a ten minute recess.
9 Upon resuming the Commission meeting, Mayor Carver moved to
10 bring to the floor: A resolution of the Mayor and City Commission
11 of the City of South Miami, Florida appointing Ms. Ronetta Taylor
12 as Interim City Clerk, providing for compensation and providing an
13 effective date. This motion was seconded by Commissioner Bass.
14 There being no discussion the motion passed by a 5 -0 vote.
15 Commissioner Bass: Yea
16 Commissioner Cunningham: Yea
17 Vice Mayor Young: Yea
18 Commissioner Cooper: Yea
19 Mayor Carver: Yea
20 Mayor Carver then read the resolution in full as follows:
21 Resolution No. 80 -95 -9629
22
23 A resolution of the Mayor and City Commission of the City of South
24 Miami, Florida appointing Ms. Ronetta Taylor as Interim City Clerk
25 for the City of South Miami; providing for compensation; providing
26 for an effective date.
27 Whereas, the South Miami City Commission is vested with the
28 authority under Article II, Section 7 of the City Charter to
29 appoint the City Clerk and to provide for compensation; and
30 Whereas, the City Clerk serves at the pleasure to the City
31 Commission; and
32 Whereas, the South Miami City Commission desires to appoint Ms.
33 Ronetta Taylor to serve as Interim City Clerk.
34 Now, therefore, be it resolved by the Mayor and City Commission of
35 the City of South Miami, Florida:
11
Regular City Commission Minutes - May 16, 1995
1 Section 1: Ms. Ronetta Taylor is appointed to serve as Interim
2 City Clerk until such time as the City Commission makes a
3 determination regarding her status.
4
Section 2: Ms.
Taylor
shall undertake the duties
and
5
responsibilities of
City Clerk beginning May 16, 1995. The
City
6
Clerk shall be paid
an annual
salary of $38,000.
7
Section 3: This resolution
shall take effect immediately
upon
8
approval.
9
It was moved by Mayor Carver to approve the resolution
with
10
the Clerk assigning
the next
available resolution number.
11
This motion was
seconded
by Commissioners Bass and Cunningham.
12 Mayor Carver stated that it had come to his attention when he
13 was contemplating the previous resolution that the City had working
14 for it an individual who had previously been a City Clerk for some
15 time and was well experienced.
16 Mayor Carver further stated that he had met Ms. Taylor and
17 with the possibility that the resolution might be adopted, he
18 thought there should be someone as Interim City Clerk until such
19 time as the City Commission might wish to take other actions.
20 Mayor Carver invited Ms. Taylor to come forward and introduce
21 herself to the Commission and general public.
22 Ms. Taylor introduced herself. She informed the City
23 Commission that she had over 13 years of experience in the City
24 Clerk's office and was familiar with all aspects of the City
25 Clerk's duties. Ms. Taylor stated that she had worked as City
26 Clerk for the City of Opa -locka for approximately 6 years; prior to
27 that she worked as an Administrative Aide for the City of Miami
28 Beach City Clerk's office for Eight (8) years.
29 Ms. Taylor also informed the City Commission that she was a
30 Certified Municipal Clerk.
31 Mayor Carver asked if there were any questions for Ms. Taylor,
32 or comments regarding the resolution.
33 1 There being no further discussion the motion passed by a 5 -0
34 vote.
35 Commissioner Cunningham: Yea
36 Commissioner Cooper: Yea
37 Commissioner Bass: Yea
12
Regular City Commission Minutes - May 16, 1995
1 Vice Mayor Young: Yea
2 Mayor Carver: Yea
3 Upon the motion being duly passed, Mayor Carver welcomed Ms.
4 Taylor to the City of South Miami as City Clerk. He further
5 invited her to join them on the dias.
6 ORDINANCES - FIRST READING
7 There were none
8 PUBLIC REMARKS
9 The following individuals came before the City Commission to
10 make comments on behalf of the former City Clerk Rosemary Wascura's
11 and to voice their concerns and /or disappointment regarding her
12 termination.
13
1.
David Tucker, Sr.
14
2.
Chris Hansen
15
3.
Daisy Harrell
16
4.
Susan Wilson
17
5.
Sarah Bailey
18
6.
Julio Avino
19
7.
Willie Mae Robinson
20
8.
Lillian White
21
COMMISSION REMARKS
22 Commissioner Cunningham remarked that sometimes in our lives
23 we have to make decisions which were not pleasant. He stated that
24 Rosemary Wascura worked for the City Commission and if the
25 Commission was not happy then it [Commission] could not do a good
26 job for the citizens.
27 Commissioner Cunningham stated that he was sad because Ms.
28 Wascura was his friend too, and would continue to be his friend.
29 He further stated that he felt that the Commission had appointed a
30 competent Interim Clerk who had given her job history. He
31 encouraged the citizens to support the new Clerk and to give her a
32 chance.
33
34
Commissioner Cunningham continued by thanking Jorge Garcia and
Javier Acosta for the wonderful Mother's Day weekend event.
13
Regular City Commission Minutes - May 16, 1995
1 Commissioner Cunningham announced the City would continue to
2 have good things happening and people could not continue to think
3 of how things use to be, they had to think of the future, think
4 positive about the City, and the City would move forward.
5 Commissioner Cooper stated that during his six years on the
6 Commission and six years on the planning council, this was by far
7 the most difficult night he had ever had. He stated that he
8 considered the former City Clerk and her husband both very good
9 friends. He further stated that he also felt that he was elected
10 by the citizens of the City to help provide the atmosphere and
11 services they needed.
12 Commissioner Cooper stated that at some point, Ms. Wascura
13 lost the trust of other city employees, at that point, the City was
14 no longer a viable workable organization.
15 Commissioner Cooper further stated that he had terminated
16 employees before, and had known the former City Clerk for over 15
17 years, and during that time had developed a friendship, but at this
18 time he felt that he did not have any other choice.
19 Commissioner Bass stated this had also been a very difficult
20 evening for her. She said that the former Clerk was a very
21 wonderful, pleasant and charming individual which she and other
22 members of the City Commission would agree.
23 Commissioner Bass said however, these characteristic were not
24 all that was necessary for a position, and although the Commission
25 all felt a special way about Ms. Wascura, when the Commission has
26 someone working for them it had to be the best possible person to
27 create the team they were looking for to work with, and have the
28 best possible result for the citizens of South Miami.
29 Vice Mayor Young congratulate Jorge and Javier of Sunset
30 Cobbler for their outstanding Mother's serenade along Sunset Drive
31 on Friday evening.
32
Vice Mayor
Young then addressed
the matter at hand by stating
33
that he agreed
with his colleagues.
In a working relationship
34
everything needed to be coordinated
and in this particular
35
situation there
were some things that
were not being coordinated as
36
well as they could have been done, so the decision was made.
14
Regular City Commission Minutes - May 16, 1995
1 Mayor Carver also thanked/Jorge and Javier of Sunset Cobbler
2 for the tremendous job they He stated it was absolutely
3 overwhelming to go down Sunset Drive on Friday night and see the
4 activities that were going on. He said the event was absolutely
5 wonderful and he was sure everyone in the City of South Miami
6 appreciated it.
7 Mayor Carver stated that he had heard the talk going on around
8 the City about hO and the former Clerk, (i.e. why doesn't the Mayor
9 like Rosemary; was there a personality problem). He stated that
10 anyone that knows him know that on this job, he does not deal in
11 personalities. He has no personal agenda. The only agenda was
12 what's best for the City and sometimes those decisions were very
13 hard. He said this was not an easy decision for him, and Ms.
14 Wascura was a very lovely lady but, this decision had nothing to do
15 with her personally.
16 Mayor Carver stated that he has had secretaries in his law
17 practice that he liked very much, and have stayed friends with them
18 but, he had to let them go because they were not effective or doing
19 their job properly.
20
Mayor Carver further stated
some
of the citizens were probably
21
wondering what happens after Seventeen (17) years of service. He
22
said things have functioned in
the
past which he felt were not
23
satisfactory in many respects.
And
there were many things about
24
the City he did not like and he
felt
needed to be changed.
25
Mayor Carver stated
that when he ran for
Mayor, he had told
26
people there were going
to be big changes.
Nothing was sacred.
27
He was going to do what was best for the City
of South Miami, not
28
for one individual, not
for himself, not for anybody, but the
29
citizens of South Miami.
proud of and would
be able to work
30 Mayor Carver thanked the Commission for supporting him and
31 using their independent judgment on this issue.
32 Mayor Carver stated the City needed to have the most effective
33 people in every position that the Commission could find. He
34 further stated that he had met Ronetta Taylor and he could tell the
35 citizens that the City would have one of, if not, the best City
36 Clerk that the City of South Miami has ever had.
37
Mayor Carver invited the
citizens to stop by
the City Clerk's
38
office and meet Ms. Taylor. He said the citizens would find one of
39
the most, lovely,intelligent
and competent people
they would ever
40
have the opportunity to meet.
He said Ms. Taylor
would be a City
41
Clerk that everyone could be
proud of and would
be able to work
15
Regular City Commission Minutes - May 16, 1995
1 with everyone in the City's administration.
2 Mayor Carver further stated that even though Ms. Wascura was
3 terminated as City Clerk, this was no reflection on her own
4 personal qualities. The Commission's decision had nothing to do
5 with that whatsoever. He said the decision had to do with what was
6 best for the Commission and the citizens of South Miami.
7 Mayor Carver commented that if the voters decide that the
8 present sitting Commission, himself included, were not effective,
9 then they have the option to vote to remove them and vote in
10 someone else who was better. He said the Commission was in
11 authority to do the same thing with certain people who worked for
12 the City Commission [City Clerk, City Manager and City Attorney].
13 Mayor Carver stated whatever decisions he made were strictly
14 on the basis of what's best for the City. He said this Commission
15 over the past year had made some drastic changes in the way the
16 City does business. And three positions which report directly to
17 the City Commission have been changed.
18 Mayor Carver stated the Commission was moving forward and this
19 was a positive day for the City of South Miami. He said in his
20 opinion and he believed it will be brought out as it has in the
21 past year, and the next year probably the best team of City
22 Manager, City Attorney and City Clerk that this City has ever had.
23 Mayor Carver said he was very proud of the City Commission for
24 standing up and doing what was right and picking the most effective
25 people that we could find to bring this City forward.
26 Mayor Carver again encouraged the citizens to stop by and meet
27 the new City Clerk.
16
1
2
Regular City Commission Minutes - May 16, 1995
There being no further discussion to come before the City
Commission the meeting was adjourned at 8:43 p.m.
3
4
5
6 Attest:
7
8
E
City Clerk
Approved:
17
Mayor
1
1
2
3
j
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
REGULAR CITY COMMISSION MINUTES
CITY OF SOUTH MIAMI, FLORIDA
JUNE 61 1995
CALL TO ORDER:
The regular City Commission meeting of the City of South
Miami, Florida was called to order by Mayor Carver on Tuesday, June
6, 1995 at 7:30 p.m., in the City Commission Chambers, 6130 Sunset
Drive. The following members of the City Commission were present:
Mayor Neil Carver, Vice Mayor R. Paul Young, Commissioners: Ann B.
Bass, Thomas Todd Cooper and Tom Cunningham.
Also in attendance were: City Manager Eddie Cox, City
Attorney Earl G. Gallop, Interim City Clerk Ronetta Taylor and
Building and Zoning Director, Dean Mimms.
A. Invocation:
The Invocation was delivered by Commissioner Cunningham.
B. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
C. Presentations:
Mayor Carver acknowledged the presence of Boy Scout Troop No.
840, based out of St. Louis Catholic Church. He stated the group
was present at the meeting because they were working on their Merit
Badge in Citizenship.
1. Chief Hernandez, Police Department
Chief Ralph Hernandez appeared before the City Commission and
displayed a plaque which had been given to the Police Department by
the City of Coral Gables in recognition of its support during the
Summit of the Americas held during the month of December 194. He
stated receiving the award was a great honor for the South Miami
police department.
1
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Chief Hernandez further introduced the following newly sworn
officers to the City Commission: Officer Lewis J. Mertzs, who was
a former reserve officer with the City of South Miami. Chief
Hernandez informed the City Commission that Officer Mertzs came
from a law enforcement family. Officer Mertzs' his father is a
retired police Captain from the City of Coral Gables; Officer
Rodgerick L. Everett, a former reserve officer with the Broward
County Sheriff's office.
Chief Hernandez stated that Officer Everett has an extensive
background in law enforcement; Officer Ronald A. Bock, a former
officer with Metro Dade County School Board police. department, who
also has an extensive background in law enforcement; and Officer
Armando Garcia, a former City of Miami police officer with close to
nine (9) years in law enforcement.
Chief Hernandez stated that he was extremely proud of these
officers and felt the City of South Miami had recruited a premium
group of individuals to serve the City of South Miami.
Mayor Carver welcomed the new officers. He stated he was
pleased to see that the City of South Miami had four (4) new police
officers in its department.
Chief Hernandez then introduced Mr. Vernon Jones, a Central
Outreach Coordinator from (H.I.D.T.A.) to the City Commission. He
said that Mr. Jones was going to assist the City in its efforts to
receive funding to hire a community outreach officer to assist the
citizens of South Miami.
Mr. Vernon Jones, Central Outreach Coordinator for H.I.D.T.A.
passed out a grant proposal on South Florida H.I.D.T.A. program.
Mr. Jones informed the Commission that the Community
Empowerment Program was a multi- faceted approach to dismantling
narcotics trafficking, improving employment, and reducing the
dependency of individuals on public assistance.
Mr. Jones said this program would allow a bi- partisan approach
to the federal government, which the Democrats liked because it was
a great approach to do something for the community. The
Republicans also liked this program because it gave them an
opportunity to give as little money as possible and get the best
return.
Mr. Jones said that for the law enforcement aspect, this
program has shown that law enforcement, citizens, business and
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
public sector, and any and every one who wanted to get involved
could get together and contribute towards this new multi - faceted
approach.
Mr. Jones made reference to the material he'd given to the
City Commission which outlined the goals of the program.
Mr. Jones highlighted the first seven (7) goals which included
reducing narcotic trafficking in the area. He said an area in
South Miami had been targeted, and identified as the "Northeastern
Sector." This target area is near Lee Park. He said this is an
area where there would be high visibility to perform additional
stings. In addition to identifying the drug traffickers, they
would be referred to the United States and State Attorney offices
for prosecution.
He said they are also in the process of establishing a
steering committee which the City had already established to a
substantial extent with the South Miami Community Action Agency.
He praised the City for already having such a committee organized
to get the residents involved,by getting the word out on what they
[the citizens] wanted. And to have an opportunity to once again
bring to the entire community what they wished to achieve with this
Community Empowerment Program.
Mr. Jones stated that the goals also included jobs, a resident
crime watch program, and finding viable alternatives to juvenile
justice (i.e. drop -out and after school prevention, and
alternatives to suspension).
Mr. Jones commented that the twenty four (24) goals mentioned
are not the main issues or limitations of this program. But they
were what this organization is aiming for. He said the goals could
always be expounded upon to address the needs of the citizens of
South Miami.
Mr. Jones further shared with the Commission that the program
sites ranged from as far south as Key West, to as far north as
Pompano Beach. This is a highly visible program which has caught
the attention of the White House.
Mr. Jones stated that Mr. Lee Brown, Director of Office of
National Drug Control Policy has been to South Florida on two
occasions to find out more information about this pilot program.
Mr. Jones stated that because of the City's new chief of
police, Ralph Hernandez, and his [Jones] own personal interest in
the City of South Miami, if the Commission wished they [Hernandez
3
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
and Jones] would be able to make this program a reality in South
Miami.
Mr. Jones advised the Commission that this program would allow
the police department to have an outreach worker. This person
would be someone who could help the City build its coalition, be a
multiplier, help the City to go after the goals identified, and
strengthen and further bond the residents.
Mr. Jones further stated that this program hasn't officially
started, but he has already been receiving phone calls from local
residents, as well as confirmed support from the President of the
Bank of Florida, Mr. Kantor, and from South Miami Hospital.
Mr. Jones solicited Mayor Carver's input by asking him, how
much he thought it costs the government, in one year of additional
funding to support a young lady 19 years of age who has dropped out
of school at age 16, and has two (2) children, under the age of 3.
Mayor Carver stated that he could not begin to estimate, but
he was sure it was more than the cost of successfully placing that
person in this program.
Mr. Jones agreed. He said this program would give back
something whole, something quantitative and qualitative. Something
that could be given back to the community, something they could
believe in and understand. It would also establish the ties and
relationship between law enforcement, the public and private sector
and the residents.
Mr. Jones reiterated that this is a multi - faceted approach to
law enforcement. He commented there has been organized crime for
so long, nut now there is organized law enforcement. He said this
was a community based approach and not just police officers
standing up and saying "okay, we are going to arrest this person."
Mr. Jones said this program would cause the citizens to decide
whether or not they [citizens] were going to buy drugs anymore, or
whether or not they [citizens] were going to get a job, because
this program would assist citizens in filling out their resume.
And in time, the program would help citizens to decide if they were
going to move off public assistance in some part, if not
completely. In addition, this program would encourage participants
to pass on their knowledge to others within the community.
Mayor Carver stated he thought that it was about time the City
had a realistic program to address people who find themselves on
the wrong side of the law, because not all of them are the hardened
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
criminals we hear about. He further stated that a lot of these
individuals were the unfortunate people who were desperate and
found themselves in situations where they had little guidance in
what to do and ended up making the wrong decision.
Mayor Carver asked Mr. Jones about the funding source and if
there would be a funding responsibility on the part of the City of
South Miami.
Mr. Jones informed Mayor Carver that the funds were passed
down through the Office of National Drug Control Policy, and then
channeled through the US Attorney's office of the Southern
District. From there, money is distributed by a tri- county
coalition. Each site sends five (5) representatives to the tri-
county coalition meetings. These representatives are made up of
law enforcement, residents, business and public sector individuals,
which would guarantee equal voting between all four (4) positions.
Mr. Jones informed the Commission that in order to request
funding, South Miami had to submit a grant proposal requesting
fifty ($50,000) thousand dollars for an outreach worker, and
benefits for a cellular phone and beeper. He said the proposal
must state that the City would be helping with in -kind services by
providing a used vehicle, possibly furniture, or office
accommodations.
Mr. Jones said this money, when awarded would be distributed
through to the City's police department or whereever the City
designates.
Mayor Carver asked if there would be any required funding
allocation by the City.
Mr. Jones said the City's contribution would be strictly in-
kind services. And that everything an outreach worker would need
was either provided by themselves or the community because the
outreach worker should be a multiplier and a generator.
Mayor Carver asked if there were any other questions for Mr.
Jones. He then asked if this was something the City Manager
needed approval for.
Manager Cox asked Mr. Jones when was the application due.
Mr. Jones said the grant application which had been passed out
to the City Commission, will be processed by H.I.D.T.A. this
upcoming Monday (6/12/95). From there the application would be
going before the Tri- County Board.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Manager Cox asked if the criteria for the request was in the
proposal.
Mr. Jones stated that the City had an individual (Mr. Pratt)
who had been working with the police department to make sure each
objective had a small narrative on how the City would be going
after each objective. He said it was his understanding that this
information would be passed on to the City Commission for final
approval sometime later in the week, or at least by Monday of next
week.
Manager Cox requested that the City Commission authorize him
to apply for the funds and have all the paperwork submitted by
Monday.
Mayor Carver asked the Commission if they had any suggestions,
comments or objections.
Commissioner Cunningham stated this was a statement that the
police department was moving forward. He said the citizens want
the Commission to go forward in helping people to get rid of drugs
in the City.
It was moved by Commissioner Cunningham to give the City
Manager the authorization to apply for the grant. This motion was
seconded by Mayor Carver and Vice Mayor Young.
vote.
There being no further discussion, the motion passed by a 5 -0
Commissioner Cunningham: Yea
Vice Mayor Young: Yea
Commissioner Bass: Yea
Commissioner Cooper: Yea
Mayor Carver: Yea
Mayor Carver commented that this sounded like a great program
and he hoped the City had great success with it. He further
thanked Mr. Vernon Jones for being involved with the City of South
Miami, and for coming before the Commission to give the
presentation.
Mayor Carver stated that he had also heard a more extensive
presentation about this program by Mr. Jones during one of the
Community Action Agency committee meetings. He said this was
really a worthwhile idea for the City to expand upon.
Mayor Carver at this time invited Ms. Maria Socarras and Mr.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Don Marks from the Chambers South to come forward.
Mr. Marx and Ms. Socarras appeared before the City Commission.
Mr. Marks informed the Commission that he was representing the
Chamber South as the Chairman - elect. He then introduced Ms. Maria
Socarras as the new chairperson of the South Miami Council.
Mr. Marx informed the Commission that it was his pleasure to
advise them of the donation the Chamber had made of five ( 5 ) multi-
directional signs directing US 1 commuters to 70th Street and out
of the downtown area of South Miami. These efforts were designed
to make Sunset Drive a more user or pedestrian friendly area.
Mr. Marx stated it was the Chamber's pleasure to do this in
conjunction with the City Manager and they hope it would enhance
the South Miami area and create a more cohesive working
relationship which makes the City a better place to live and work.
Mayor Carver thanked Mr. Marx and Ms. Socarras. He said he
had noticed the signs and they were appreciated. He said it was
about time there were signs directing the traffic, and really
appreciated the Chamber making this contribution.
Mr. Marx commented that if there was any other participation
that the City of South Miami would like the Chamber to be a part of
he'd ask that the City deal with Ms. Socarras, since she was now
heading this particular Council.
ITEMS FOR COMMISSION'S APPROVAL:
2. Approval of Minutes - May 16, 1995
It was moved by Vice Mayor Young, seconded by Commissioner
Cunningham to approve the minutes.
There being no discussion, the motion passed by a 5 -0 vote.
Commissioner Cooper: Yea
Commissioner Bass: Yea
Vice Mayor Young: Yea
Commissioner Cunningham: Yea
Mayor Carver: Yea
7
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
3. city Manager's Report.
Manager Cox advised the City Commission of the Dade County
Stormwater Utility fee decrease. He said this did not relate to
the City of South Miami. The City's demands for the stormwater
utility fee would not bring about a decrease. He said the City
would maintain its $2.50 rate.
Manager Cox made reference to a Partial Consent Decree
Attorney Gallop had sent. He suggested that if the Commission had
not read this item to please do so because it indicated some good
things to come in terms of the City's water bill.
Manager Cox informed the Commission that Jorge Garcia had made
a request to erect a banner. He said Mr. Garcia's timing was just
a little bit off, and he did not have time to bring this matter
before the Commission for its approval. He said he felt that under
the provisions that normally prevail where Jorge was concerned, he
took it upon himself to authorize the erection of the banner.
Mayor Carver announced in connection with the banner, this
coming Saturday, June 10th, the Red /Sunset Merchants Association
and the Cultural Affairs Council of South Miami were going to have
a fun - filled family event on Red Road and Sunset from 10:00 am to
9:00 pm. The program's title is "Summer Starts Here" which is the
kick -off program for the start of summer for area merchants.
Mayor Carver further stated there would be ten (10) live
bands, booths, prizes, a special sidewalk sale, and street
entertainment on most corners. Beginning at 7:00 p.m., on 74th
Street and 58th Avenue there would be a 5 kilometer run /walk. He
encouraged and invited everyone to come out. He said the City of
Coral Gables and Metro -Dade County would also be participating in
this event.
Manager Cox informed the City Commission that he had invited
Mr. Pratt, the Director of Office of Development/ Career Counseling
Program to come tonight to bring the Commission up to date on the
funding for the Career Program.
Manager Cox reminded the Commission that he had brought this
matter to their attention during the last Commission meeting and
asked that they help in whatever way possible in order to influence
PZC in a positive manner regarding the funding.
Bill Pratt, Office of Development/ Career Counseling Program
informed the Commission that he was notified on last Friday that
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
PIC had a deficit in its budget and as a result would not be
funding the City of South Miami's program.
Mr. Pratt stated there was an appeal process and the City has
an opportunity to appeal. He explained that the City presently has
48 participants who are near completion of their studies.
Mr. Pratt stated that he would like for the Career Counseling
Program to have an opportunity to work with these students until
they complete their training. He said most of the students would
be completing between now and the end of December '95.
Mr. Pratt asked that the Commission consider this request as
well as have someone present at a 3:00 pm meeting on Thursday to
present this proposal to PIC.
Manager Cox informed the Commission that this meeting would be
held at the City of Miami Commission Chambers, on Pan American
Drive in Coconut Grove.
Mayor Carver asked if there were any questions or comments for
the City Manager.
Vice Mayor Young stated that the hurricane season was
officially here and with recent information from Kate Hale's
office, he wanted to know what changes or modification the City of
South Miami had made to its hurricane preparedness program. He
stated it was his understanding that now the City of South Miami is
located in the evacuation area in case of a category 4 storm.
Manager Cox stated that this was correct. He said he
received this information last week and has asked the department
directors to bring him their hurricane procedures which will be
reviewed.
Manager Cox stated that the City of South Miami has never
before had to develop an evacuation plan. He said the police
department, along with himself and the County's fire department
located in the City, would have to play an active role in
developing the evacuation plan.
Manager Cox said he had been through an evacuation in Miami
Beach when Hurricane Andrew arrived. He said in order to guarantee
a complete evacuation required a very difficult process. He said
hospitals also come under this mandatory evacuation plan, and it
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
was extremely difficult to find areas to take people who have no
other place to go. Manager Cox stated that he would not tell the
Commission that an evacuation was an easy process, but he would
work on a plan that would have the most chance of success.
4. City Attorneys Report:
Attorney Gallop reported on the Partial Consent Decree Manager
Cox had mentioned earlier. He said the Department of Justice, on
behalf of the Federal Environmental Protection Agency, sued Dade
County and The Dade County Water and Sewer Authority as a result of
numerous discharges from the sewer system of raw sewage and a
threatened break in the main sewer line.
He said Dade County and the Federal Government had entered
into a Partial Consent Decree under which the sewer line was
repaired. The two parties have now entered into a Final Consent
Decree under which Dade County will be required to spend Two
hundred million dollars a year for approximately seven (7) years,
which would be a total of approximately 1.4 billion dollars for
capital improvements, maintenance and operation cost for the County
wide sewer system.
Attorney Gallop said this Final Consent Decree might have a
significant impact on municipal volume sewer customers, which
includes such cities as Miami, Coral Gables and Miami Beach.
Attorney Gallop further informed the Commission that Dade County
was required to adopt an ordinance which would require the above
mentioned cities to implement the provisions of the Consent
Decree.
Attorney Gallop explained that while the City of South Miami
is not directly affected because it is not a volume sewer customer,
the City might expect that the residents of the affected cities as
well as the residents in other areas of the County may feel the
fiscal impact of this Decree. He said the 1.4 billion dollar
expenditure was not funded, and the County Manager was anticipating
recommending a further bond issue to fund the cost of these
improvements.
Attorney Gallop continued by informing the Commission that he
had already transmitted to them a copy of documents pertaining to
an upcoming effort to foreclose on existing Code Enforcement
liens.
10
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Attorney Gallop said that following an audit of the Code
Enforcement lien files, there remains a substantial amount of fines
owed to the City of South Miami. He said he had prepared a demand
letter which would be transmitted by the City to each one of the
individuals or businesses owing money to the City.
Attorney Gallop said that within the next 45 days, for those
parties who had not responded, he would be initiating proceedings
to foreclose on the Code Enforcement liens against non - homestead
property. He said the homestead property would not be ignored, and
the City would also attempt and proceed with the collections with
respect to those property owners.
Attorney Gallop said the City had completed the Discovery on
the Mandelstam case, and as a result of the deposition taken, the
City had filed a Motion for Summary Judgment on behalf of former
Mayor Cathy McCann.
Attorney Gallop said this Motion had not been scheduled,
however, he did expect a hearing within the next 60 days.
Attorney Gallop gave a report on the new property rights bill
(Property Rights Protection Act) which has as its objective a
clarification of existing legal concepts. The new bill also
provides property owners with a statutory Cause of Action when less
than all beneficial use of the property was taken or when at some
level below destruction of all reasonable investments lacked
expectations.
Attorney Gallop said his first reading of the bill suggested
that it was more mischief than good. Rather than clarifying
concepts which were being clarified quite well in the federal
courts, this bill seemed to add confusion to some of its various
legal concepts.
He said upon his second reading he felt that the "bill" was
rather benign because it might not have much affect one way or
another.
Attorney Gallop informed the Commission that he would be
reading this bill for a third time and would then issue a written
report to the Commission.
Attorney Gallop said one of the things the bill requires, is
for each City to provide for the retention of a Special Master to
hear land use claims that are brought by disgruntle applicants for
land use permits.
11
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
He further stated this bill allows for the City and the
applicant to split the cost of the Special Master. He stated at
this point, he had no idea as to what fiscal impact might be placed
on the City of South Miami. The City will soon have to provide
some type of funding with the expectation that there will be
applicants wanting to appeal.
Commissioner Cooper asked if the decisions of the Special
Masters were binding. Attorney Gallop answered that the
decisions were not binding.
CONSENT AGENDA
Mayor Carver asked the Commission if there were any items they
wanted removed from the Consent Agenda. After no motion to remove
agenda items, Mayor Carver asked the City Clerk to read the Consent
Agenda.
Resolution No. 81 -95 -9630
5. A Resolution of the. Mayor and City Commission of the City
of South Miami, Florida authorizing the proper officials to
provide appropriate documentation to the Interim City Clerk
for the placement of her signature on file with the City's
Depository; rescinding Resolution No. 44 -81 -3980.
Resolution No. 82 -95 -9631
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving City Attorney fees in the
amount of $4,797.25 to be charged to Account No. 1500 -3410
Resolution No. 83 -95 -9632
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to
disburse the sum of $7,451.28 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."
Resolution No. 84 -95 -9633
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to
disburse the sum of $2,000.00 representing fees incurred for
professional engineering services by M. C. Harry and Associates
12
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Inc., regarding additional cost and presentation for the
Downtown Redevelopment and charging the disbursement to
Account No. 01- 2100 -5590: "Long Range Planning."
Resolution No. 85 -95 -9634
9. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, authorizing the City Manager to
reimburse Barbara Acker for her services to the City of
South Miami in planning and coordinating the 1994 Santa's
Parade of the Elves. Payment shall be made from Account No.
01- 200 -5510, Non - Departmental General Contingency.
Resolution No. 86 -95 -.9635
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida to reimburse Barbara Acker the sum of
not more than $2,000 for her services in planning and
coordinating the 1995 annual Santa's Parade of the Elves.
Payment shall be made from Account No. 01- 200 -5510, Non -
Departmental General Contingency.
Resolution No. 87 -95 -9636
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to
disburse funds not to exceed the sum of $5,360.00 for the
purchase of twenty (20), two (2) yard garbage containers
for the Solid Waste Division and charging the disbursement to
Account No. 1720 -6430 "Operating Equipment."
It was moved by Commissioner Bass, seconded by Commissioners
Cooper and Cunningham to adopt the 'Consent Agenda as read, with the
City Clerk assigning the next available numbers.
There being no discussion, the motion passed by a 5 -0 vote.
Commissioner Bass: Yea
Commissioner Cunningham: Yea
Commissioner Cooper: Yea
Vice Mayor Young: Yea
Mayor Carver: Yea
At this time, Mayor Carver introduced and welcomed Ronetta Taylor,
Interim City Clerk for the City of South Miami. He announced that
Ms. Taylor has over 14 years of municipal experience in the City
Clerk's office, in addition she had previously been a City Clerk
and was also a Certified Municipal Clerk.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
1
2 ORDINANCES) - SECOND READING AND PUBLIC HEARING
3
4 Please note Item 16 was inadvertently placed on the agenda as an
5 Ordinance for first reading.
6
7 Mayor Carver moved this item to its proper location on the
8 agenda.
9
10 Ordinance No. 8 -95 -7581
11 12. An Ordinance of the Mayor and City Commission of the City of
12 South Miami, Florida amending Article III of the Land
13 Development Code, providing for "RS -5" small lot single
14 family residential district; establishing RS -5 Zoning
15 classification for the McKeever Terrace Subdivision;
16 amending the official zoning map; providing for
17 severability, ordinances in conflict, and an effective date.
18
19
20 It was moved by Vice Mayor Young to adopt this ordinance with
21 the City Clerk assigning the next available Ordinance Number. This
22 motion was seconded by Commissioner Cooper.
23
24 Mayor Carver opened the floor for the public hearing. After
25 there were no interested parties to speak on this item, the public
26 hearing was closed.
27
28 Mayor Carver asked if there was a staff recommendation from
29 the Planning Board.
30
31 Mr. Mimms, Building and Zoning Director informed the City
32 Commission that the Planning Board voted in favor of this
33 ordinance, with the insertion of the word "a portion of" regarding
34 McKeever Terrace. He said this matched the advertisement as well
35 as the zoning map sent out to the public. He said this was merely
36 to clarify McKeever Terrace, which included a strip of RM -24 Zoning
37 (Multi - family) along Bird Road, where the RM -24 would not be
38 included.
39
40 Attorney Gallop asked where would this language would be
41 inserted in the Ordinance.
42
43 Commissioner Cooper commented that this insertion would be in
44 Section 4 of the ordinance.
45
46 Mayor Carver advised that the insertion should be in the title
47 and in the third "whereas" clause, as well as Sections 4 and 5, or
48 anywhere McKeever Terrace was mentioned in the Ordinance.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Mr. Mimms further informed the Commission that the Planning
Board also voted unanimously to add requirements that the RS -5 re-
zoning may only be requested in districts where 80% of the lots
have frontage greater than 60 feet.
Mr. Mimms pointed out that the administrative staff did not
agree with this and did not feel that it was necessary.
Mayor Carver commented this could be changed by ordinance. He
stated the only way this would have any affect is if it is a part
of the Charter.
Attorney Gallop explained that the purpose of this was for the
Planning Board to establish a criteria for determining when a
subdivision was being modified or considered.
Mr. Mimms said he believed the Planning Board wanted to limit
this type of request.
Mayor Carver said the Planning Board wanted to say that this
could not be done in any area where more than 80 of the lots had
frontage greater than 60 feet. He said that since this section
could be changed by ordinance it really wouldn't have any
affect.
Commissioner Cooper asked what percentage of the lots in this
particular district had lots over 60 feet.
Mr. Mimms said he would have to refer to the zoning map for
this answer.
Mayor Carver asked for a motion to amend the wording of the
ordinance.
It was moved by Commissioner Bass, seconded by Vice Mayor
Young to amend the ordinance by adding the necessary wording.
There being no further discussion the motion on the amendment
was passed by a 5 -0 vote.
Commissioner Bass: Yea
Vice Mayor Young: Yea
Commissioner Cunningham: Yea
Commissioner Cooper: Yea
Mayor Carver: Yea
Mayor Carver asked the Commission if there was any discussion
regarding the ordinance as a whole. There being no discussion, the
15
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
motion to adopted this ordinance was passed by 5 -0 vote.
Vice Mayor Young: Yea
Commissioner Bass: Yea
Commissioner Cunningham: Yea
Commissioner Cooper: Yea
Mayor Carver: Yea
RESOLUTIONS) FOR PUBLIC HEARING
Resolution No. 88 -95 -9637
13. 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 b
Section 20- 4.4(H) of the Land Development Code to allow a50%
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.
It was moved by Commissioner Cunningham, seconded by Vice
Mayor Young to adopt this resolution with the City Clerk assigning
the next available number.
Mayor Carver announced this was a quasi - judicial proceeding.
He then opened the floor for the public hearing and public
testimony.
Attorney Gallop swore in the interested parties who wanted to
speak on this issue.
Mr. Michael Chenoworth, P.O. Box 236, Homestead, Florida
appeared before the City Commission and stated he was speaking on
behalf of his mother -in -law and wife who own the property adjacent
to the property in question. He stated that his family was
concerned as to exactly what this proposed change was or what it
would do. He further stated that everyone in that area was already
restricted with their parking.
He said if the intent was to put a higher density activity
there, then his family did have a problem with this request. He
explained that Progress Road was basically an alley with no street
side parking, and an industrial area with mostly auto repair
shops.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Mr. Mimms pointed out that based on the application submitted
to the City there was no indication that a change in land use was
anticipated. He said there would also be additional parking
provided on site, notwithstanding the fact that the applicant was
asking for a reduction due to the proximity of metro -rail.
Mr. Mimms stated that the applicant currently has a 42%
reduction received several years prior due to metro -rail. He said
what the applicant was proposing was to have a total of nineteen
(19) spaces all of them on site, an addition of six (6) on site,
plus, he wanted to modify the landscaping.
Attorney Gallop asked for a point of clarification. He
wanted to know if the addition of six (6) spaces on site would be
off set by the elimination of nine (9) spaces off site.
Mr. Mimms said this was correct.
Attorney Gallop asked Mr. Mimms, if when he examined the
property for the adequacy of parking he determined whether or not
the nine (9) off site spaces were being leased or being used at
that time.
Mr. Mimms said he did not determine this. But a visit was
made on site and a determination was made that based on staff's two
visits that at least there appeared to be ample parking on site
during the times of staff visits. He said his office relied on the
testimony of the applicant as to the use, or non -use of parking off
site.
Attorney Gallop asked when did Mr. Mimms visited the site and
how many parking spaces he identified at that time.
Mr. Mimms said the site was visited during lunch or regular
working hours. He said the majority of parking spaces in front of
the building were vacant at the time of the site visits.
Attorney Gallop asked if the visits were in the morning or
afternoon, or if Mr. Mimms could recall what days of the week he
visited.
Mr. Mimms said he could not recall the days of the week, but
the visits were in the afternoon.
Mayor Carver asked how the Commission would know if the spaces
off site were not being used.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Mr. Mimms said they would presume that if there was that type
of demand for parking it would first go to the on site location, as
opposed to the off site location.
Commissioner Cooper asked for clarification as to how many
parking spaces Mr. Mimms observed being occupied at the time of the
visits.
Mr. Mimms said at least half of the 13 parking spaces among
the two properties were vacant at the time of the visits.
Commissioner Bass asked where the off -site spaces were
located.
Mr. Mimms said he did not know where the spaces were, but he
was sure that Mr. Strickland could inform them of the location.
Mr. Strickland appeared before the Commission and stated that
he would like to answer some of the Commission's questions. M r .
Strickland said there was no way that he had intended to ever
demolish the buildings and build other ones in their place.
Mr. Strickland stated that as far as the adequate parking was
concerned anyone could go take a look at this one company
operation, which was leasing the entire 11,000 square ft. of
building. He stated that those individuals who may go for an
automotive estimate would find that there were no more than three
or four estimates being done at one time.
Mr. Strickland said the process was, a customer drives up for
an estimate, after it is finished he immediately leaves to go
somewhere else for another estimate; or, the job was delivered to
the tenant, who would then take the automobile inside of the
building. He said this left spaces available for any other
visitors who might need to park.
Mr. Strickland said the nine (9) parking spaces that have been
leased from Abraham Chevrolet for the past two (2) , have never been
used.
Commissioner Bass asked Mr. Strickland where the employees
park.
Mr. Strickland said the employees parked on -site and in the
building.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Vice Mayor Young stated that he noticed one request in the
resolution asked for modification to landscaping. He asked what
was being modified on the site.
Mr. Mimms said there was landscaping required adjoining the
buildings. He said when there is an opening between buildings,
there is a requirement for 5 feet of landscaping. The
modification was needed because of the configuration of the parking
area which required a handicapped parking space; plus, there was
three feet of landscaping where there was none before.
Attorney Gallop asked if both of the addresses were currently
occupied by active use as opposed to storage.
Mr. Stickland stated that one company was occupying the entire
buildings which was 11,000 feet of warehouse and 12,000 feet of
land.
Attorney Gallop asked if there was any proposal to change the
tenant who occupied the 11,000 square foot of the warehouse.
Mr. Strickland answered none whatsoever. He said, in fact,
there was a contract and the individuals were supposed to purchase
the property, with a closing date within the next sixty (60)
days.
Mayor Carver asked what type of occupational license the
business had.
Mr. Strickland answered an auto paint and body business
license.
Commissioner Cunningham asked if this type of business would
bring more cars onto the property on Progress Lane.
Mayor Carver stated what he thought the applicant was trying
to do was to eliminate the rental of nine (9) spaces off site
parking by putting six (6) more spaces on -site. He said the
applicant was presently paying four thousand ($4,000) Dollars per
year to lease spaces off -site, and he wants to not lease those
spaces off site. As a compromise, he's offering to put six (6)
additional spaces on site plus some additional landscaping.
Commissioner Cooper asked if the Commission granted this
request could it be changed for another use at some later time.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Attorney Gallop said the occupational license for this
business was auto repair which might be a more intensive use, he
did not know if it was or not.
Commissioner Cooper again asked if the use could be changed at
a later time.
Attorney Gallop said Commissioner Cooper's point was well
taken and there was no provision in the present resolution which
addressed this issue.
Mayor Carver asked if there could be a condition placed in the
resolution to indicate that the reduction was for only as long as
it continued to be one occupational license.
Attorney Gallop said this was a reasonable restriction to
place into the current resolution.
Mayor Carver suggested that the restriction language should
include "so long as there was one business, and one occupational
license for whatever was currently there." And, "should there be
an request for a additional occupational license, or for additional
tenants, or for a change in use, that the parking requirement shall
be as stated in the Code and the reduction would have to be
presented to the Commission as if there had been no reduction
granted prior."
Attorney Gallop then suggested the following wording as an
amendment to Section 2 "that this approval is contingent upon a
continuation of the existing uses of the property which consist of
(need to identify what the uses were i.e. a certain number square
feet for auto repair and a certain number of square feet for
warehouse use).
Mayor Carver commented that he was, wondering if there might be
an additional provision requiring that, if at any time there are
cars which were parked or encroached upon any areas outside of the
property that the reduction was voidable. He asked if this was
something else that might be included in the resolution.
Mayor Carver stated he was concerned that if the business
became more successful and the cars started parking outside of the
property along Progress Lane the reduction granted should become
voidable. He said there were cars that were presently parking
along Progress Lane that were sticking out and it was not a safe or
easy place to pass at times.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Mr. Strickland stated that he agreed with Mayor Carver.
Attorney Gallop suggested a further condition which would say
"this approval is subject to revocation upon a determination by the
City Manager that the reduction of parking is inadequate as
determined by repeated instances of parking violations /parking
outside of the property."
Attorney Gallop informed the Commission that under the City's
Code, a determination by the City Manager is an administrative
determination which is appealable by the affected person to the
City Commission, which means it is subject to review.
Commissioner Bass questioned whether this revocation, if
initiated, would bring the business owner back to where they were
at present, or to square one.
Attorney Gallop said the revocation would bring the business
owner back to where they were at present. He said this would mean
that the owner would have to find additional off -site parking for
three (3) spaces.
Vice Mayor Young commented that there were too many loose ends
with this application, and he had some misgivings about granting
this request. He said it would appear to him that this situation
might have the tendency to get out of hand.
'Mayor Carver agreed with Vice Mayor Young. He said he had
spoken with the City Attorney regarding this same concern.
Mayor Carver stated that he was disturbed because this was the
third time this request had been made. The first time it was
completely denied, the second time there was a 42% reduction and
now Mr. Strickland was looking for a 50% reduction.
Mayor Carver said he was concerned because generally speaking
it would appear that in situations like this when an applicant came
before the Commission asking for a variance, reduction or
consideration, the applicant could continue to come back each time
a new majority of the City Commission was elected to try to get a
better deal. He said that it would seem to him that once the
Commission had entertained a request there should be an end to
it.
Mayor Carver said this particular request had been heard at
length before when there was a different sitting Commission. He
said at that time the Commission came up with a proposal for a 42%
reduction and now the applicant was again before the Commission
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REGULAR CITY COMMISSION MINUTES - TUNE 6, 1995
asking for a 50% reduction. He said at present, there was no
provision in the City's Code restricting this type of activity and
the Code should have a provision restricting this type of
activity.
Mr. Chenoworth appeared before the Commission and stated that
he just wanted to echo something Mr. Strickland had said. With the
current occupant, the property probably had more unused parking
than any other business along Progress Lane. He stated that he
knew for a fact that numerous businesses along this street had to
share parking spaces. He said the business that Mr. Strickland has
there was probably the least parking intensive business there was
on the street.
He stated that as long as this would be the same business
operating there he nor his family had any objections to the
Commission granting the request, particularly with the conditions
the Commission was considering making a part of the approval.
Mayor Carver asked Mr. Chenoworth if he knew how many
businesses there were on Progress Lane.
Mr. Chenoworth said approximately ten (10) on the front of
Progress. He said there were additional businesses that backed up
from Commerce Lane onto Progress, but they typically didn't have
any parking at all.
Mayor Carver asked Mr. Chenoworth how many business properties
his mother -in -law and wife have.
Mr. Chenoworth stated there was one business on Commerce and
one on Progress Lane.
Attorney Gallop stated that in the context of a quasi judicial
proceeding the applicant had the burden of coming forward to
demonstrate entitlement to the reduction and through the testimony
of the applicant and the staff it would appear that they have made
a primafacie case for entitlement. He suggested that reasonable
conditions be made to protect the City against future changes which
could be attached to address the concerns the Commission appears to
have with was what might happen in the future.
Mayor Carver stated this was if Mr. Strickland had no
objections to the conditions.
Mayor Carver acknowledge for the record the receipt of a
letter from Ms. Linda Tobin regarding this issue.
22
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Mayor Carver stated that based upon Mr. Chenoworth's comments,
on the one hand he was, as Vice Mayor Young had pointed out,
concerned with what might happen. And, on the other hand and based
upon the quasi judicial determination, the only evidence the
Commission really heard was that there was sufficient. And, if
the City Attorney advised that the Commission could make the
restrictions as to the future use, then the Commission would do
it.
Mayor Carver stated again the only evidence the Commission had
heard was that there was adequate parking. He said it would seem
to him that what Mr. Chenoworth said was that this particular
business used less parking than any other business. It seemed to
him that it would be inequitable not to allow them to do what any
other business was doing based upon the evidence heard tonight.
He said even though he had the same concerns as they all did,
he would strongly suggest that a couple of conditions be approved
which would not eliminate every possibility, but would help the
process.
Commissioner Cooper stated that if the Commission could put in
some safeguards he would be more comfortable with it.
Mayor Carver made a motion that he would be in favor of this
request, subject to the following conditions which the Attorney
would make.
Attorney Gallop said the first amendment would occur at the
end of section 2, line 15; "this approval is subject to and
dependent upon a continuation of existing uses which currently
consist of "x" number of square feet for automotive repair, and "y"
number of square feet for warehouse. He said Mr. Mimms would
provide this information to the City Clerk.
Mayor Carver said the information should consist of whatever
was presently in effect.
Attorney Gallop continued with the second amendment; "the City
Manager may revoke this approval upon a determination of repeated
instances of adequate parking not being provided on -site and
causing congestion and conflicts with traffic on Progress Lane."
Mayor Carver suggested the wording "vehicles parked outside of the
property."
Attorney Gallop said the amendment should then read "upon a
determination of repeated instances of inadequate parking of
23
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
vehicles on -site and vehicles being parked on the right -of -way or
outside the property."
Attorney Gallop said this was not a part of the amendment, but
the definition of repeated was more than onetime.
Mayor Carver asked for a second to his motion to amend the
resolution. This motion was seconded by Commissioners Bass and
Cooper. There being no further discussion this motion passed by
a 5 -0 vote.
Commissioner Cooper: Yea
Commissioner Bass: Yea
Vice Mayor Young: Yea
Commissioner Cunningham: Yea
Mayor Carver: Yea
Mayor Carver asked if there was any other discussion as a
whole regarding this item.
There being no further discussion the motion passed 5 -0, with
the Clerk assigning the next available number.
RESOLUTIONS(S)
Commissioner Cooper: Yea
Commissioner Cunningham: Yea
Commissioner Bass: Yea
Vice Mayor Young: Yea
Mayor Carver: Yea
Resolution No. 89 -95 -9638
14. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida establishing a "Charrett Two
Implementation Committee; providing for duties of
this committee; providing for time period for this committee
to carry out its duties; and appointing members.
It was moved by Mayor Carver that this resolution be adopted
and assigned the next resolution number by the City Clerk.
This motion was seconded by Commissioners Cunningham and
Cooper.
Mayor Carver stated that Simon Codrington, Jr. was the
Chairperson for the previous steering Committee and was
instrumental in putting together a very successful workshop. He
24
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
said the Committee had come up with a very good plan and now he
wanted to create a committee to come together to implement the
plan. He further stated that Mr. Codrington was also helpful in
coming up with a better name for the Committee, the "Development
Action Committee ". Because the City was looking to develop,
looking for action, and looking for a group to do this.
Mayor Carver made a motion to change the name from the
Charrett Too Implementation Committee to Development Action
Committee.
This motion was seconded by Commissioner Cooper.
There being no discussion on the name change, the motion
passed by a 5 -0 vote.
Commissioner Cooper: Yea
Commissioner Bass: Yea
Vice Mayor Young: Yea
Commissioner Cunningham: Yea
Mayor Carver: Yea
Mayor Carver moved to name the following individuals as the
initial members of this committee: Simon Codrington, Jr, Chairman;
Marie Birts, Leon Valentine, Lillie F. Harris, Warrel Troop, Joseph
Gibson, Waymon H. Brown, Todd Leachman, Joseph Reisman, Ralph
Egues, Jr.
This motion was seconded by Commissioner Cunningham and Vice
Mayor Young.
vote.
There being no further discussion this motion passed by a 5 -0
Commissioner Cunningham: Yea
Vice Mayor Young: Yea
Commissioner Bass: Yea
Commissioner Cooper: Yea
Mayor Carver: Yea
There be no further discussion on the resolution, the motion
passed by a 5 -0 vote.
Vice Mayor Young: Yea
Commissioner Bass: Yea
Commissioner Cunningham: Yea
Commissioner Cooper: Yea
Mayor Carver: Yea
25
REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Resolution No. 90 -95 -9639
15. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, appointing Susan Redding as the City 6
South Miami Agenda of record for Group Life and Health
Insurance.
It was moved by Commissioner Bass, seconded by Vice Mayor
Young and Commissioner Cooper to approve this resolution with the
Clerk assigning the next available number.
Manager Cox recommended this appointment. He stated that Ms.
Redding had approximately 18 years of experience in the insurance
business.
He stated that the Commission had recently authorized that the
City go out for bids for new health and life insurance, and was now
in dire need of some expertise to assist the City in developing the
proposals and a package that he could present to the City
Commission.
Mayor Carver announced that in addition to this, Ms. Redding
is one of ten (10) nominees from all across the United States for
Business Woman of the Year. He congratulated Ms. Redding for her
accomplishments.
Attorney Gallop asked Ms. Redding what would the nature and
scope of her responsibility would be for the City, and how she
would be compensated for her work.
Ms. Redding explained that the Agent of Record was simply the
commission's agent for the City in whatever company was chosen.
Attorney Gallop asked if she would be receiving and evaluating
any bid proposals, and making recommendations to the City.
Ms. Redding stated that she had already received several
proposals. She further stated that seven (7) proposals were
already in, but one of them was not hers.
Attorney Gallop asked Ms. Redding what her compensation would
be based upon.
Ms. Redding said her compensation was normally a percentage of
the premium which would be paid by the insurance company. There
being no further discussion the motion passed by a 5 -0 vote.
Commissioner Cunningham: Yea
Vice Mayor Young: Yea
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Commissioner Cooper:
Commissioner Bass:
Mayor Carver:
Yea
Yea
Yea
Resolution No. 91 -95 -9640
16. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida authorizing the City Manager to
disburse the sum of $3,186.12 representing fees incurred for
legal services by Parenti, Falk, Waas and Frazier
regarding seized items by the Police Department and
charging the disbursement to Account No. 15- 1910 -3100:
"Professional Services ", Federal Forfeiture Account.
It was moved by Commissioner Cunningham, seconded by Mayor
Carver to adopt this resolution with the City Clerk assigning the
next resolution number.
Mayor Carver asked the City Attorney to elaborate on this
item.
Attorney Gallop stated that he recommended payment of this
bill, less one minor item which had to do with correspondence to
him in response to his request to counsel to give more detail in
the billing so that the City could determine what work the firm was
doing and whether it was beneficial to the City.
Attorney Gallop further stated that a new procedure would be
implemented in that all new forfeiture items, before being referred
to the forfeiture counsel, would be referred to him. He would
then meet with the City Manager and Police Chief to determine what
benefits counsel could provide. He will work with counsel in
establishing a budget. He said at this point, the City did not
know what the cost was per forfeiture item. He said more
discretion and judgment would be exercised as to what was referred
to outside counsel for forfeiture action.
Manager Cox said there had been two articles in the newspapers
recently about forfeiture items, and that seized goods, equipment,
etc. were going to be somewhat more difficult to go through the
legal process. He said these items needed to be scrutinized more
carefully before being turned over to the forfeiture attorney. He
said it was best to establish some procedures up front instead of
going into the process and investing a lot of money then finding
out that the City had no authority to take the property.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
There being no further discussion, the motion passed by a 5 -0
vote.
Commissioner Cooper: Yea
Vice Mayor Young: Yea
Commissioner Bass: Yea
Commissioner Cunningham: Yea
Mayor Carver: Yea
PUBLIC REMARKS:
Mr. David Tucker of 6556 Sw 78th Terrace, appeared before the
City Commission to express his views regarding the "Pledge of
Allegiance to the Flag ", and what the oath of office meant to him
as a serviceman.
Mr. Chris Hansen, of 6611 SW 78th Terrace appeared before the
Commission to make remarks regarding the american flag and what it
did or did not mean to individuals. He stated how disappointed he
was to see so few flags being displayed during the Memorial Day
celebration. Mr. Hansen further informed the Commission that this
would be his last year volunteering his services to the City.
COMMISSION COMMENTS:
Commissioner Cooper asked about the EAR workshop and the City
Commission meeting scheduled for June 13, 1995.
Manager Cox informed him that there would be a regular City
Commission meeting as well as the joint workshop.
Mayor Carver asked if the meeting with the Planning Board
would be a special meeting or a workshop.
Mr. Mimms informed him that this meeting would be a workshop
held after the City Commission meeting.
Mayor Carver asked if there would be any items to be voted on
during the workshop.
Mr. Mimms said that staff was using the workshop as an
opportunity to get input and involvement of the community. He said
the voting part will come at a later date.
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REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995
Mayor Carver asked when the Commission would be taking a final
vote on the Comprehensive Master Plan.
Manager Cox stated the final vote would probably be sometime
in August.
Commissioner Cooper asked if the Commission would be receiving
a comprehensive report on this issue before the workshop.
Mr. Mimms informed the Commission that they would be receiving
a report in their Friday package.
Commissioner Cooper reported that the SR committee had a very
successful meeting on Monday night. He stated that even though it
was raining, every member of the Committee was present.
Commissioner Bass invited everyone to come out on Saturday for
the festivities on Sunset.
Commissioner Cunningham thanked the City Manager for getting
with the Chief of Police to make sure there was more police
presence on the street. He further stated that he looked forward
to seeing everyone at the festival this coming weekend.
Vice Mayor Young thanked his colleagues for their support in
adopting the RS -5 zoning change. He further welcomed the City's
new Clerk, Ms. Ronetta Taylor.
Mayor Carver announced that the Commission would be on summer
break after next week's commission meeting, until the third week in
July.
There being no further discussion, the meeting adjourned at
9:16 p.m.
Attest:
City Clerk
Approved:
29