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04-19-94LYJ Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMISSION AGENDA Regular City Commission Meeting Meeting Date: April 19, 1994 Next Meeting Date: May 3, 1994 6130 Sunset Drive, South Miami, Florida CALL TO ORDER A. opening B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - March 15, 1994 2) City Manager's Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING 4) An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending paragraph 20- 3.6(H) of the Land Development Code, providing for regulation of the height of physical barriers, to include the term "Gates," to increase the allowable height of physical barriers between vertical supports from two (2) feet to three (3) feet, and to specify that light fixtures to not count in the height calculation; providing for severability; providing for ordinances in conflict; and providing an effective date. April 19, 1994 page 1 (Vice -Mayor Young) 4/5 r" RESOLUTIONS FOR PUBLIC HEARING 5) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, designating that portion of S.W. 59th Avenue between Sunset Drive and S.W. 73rd Streets as "Dorn Avenue." (Commissioner Cooper) 3/5 RESOLUTIONS FOR PUBLIC HEARING (CONTINUED): 6) A Resolution of the Mayor and the City Commission of the City of South Miami, Florida granting a request for a Special Use Permit pursuant to Section 20 -7.12 and Section 20 -3.4 (B) (4) (b) of the Land Development Code to permit a General Restaurant operated by La Bonne Boulangerie on property located at 5837 Sunset Drive, South Miami, Florida (A commercial property in the Hometown District), and providing a legal description. (PB /Administration) 4/5 7) A Resolution of the Mayor and the City Commission of the City of South Miami, Florida denying a request for a variance pursuant to Section 20- 3.6(I)(5) of the Land Development Code to allow a 1 foot setback where a 5 foot setback is required for an accessory structure in a RS -4 "Small Lot Single Family Residential" Zoning District, on property located at 6331 SW 43 Street, South Miami, Florida, and providing a legal description. (PB /Administration) 3/5 RESOLUTIONS 8) A Resolution of the Mayor and City Commission of the City of South Miami, Florida regarding service of food and non - alcoholic beverages during fund - raising events by churches, synagogues, mosques, and temples. (Administration) 4/5 9) A Resolution of the Mayor and City Commission of the City of South Miami, establishing a volunteer committee for the community design project for neighborhoods North and West of US Highway 1; providing for duties of this committee; providing a time period for this committee to carry out its duties; and appointing members. (Mayor Carver) 3/5 10) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to award a contract in the amount of $5,240 to Southern Contracting Corp. to repair and repaint the gazebo located in Jean Willis Park; charging such disbursement to Code 1710 -4670 building maintenance, Public Works Department. April 19, 1994 page 2 (Administration) 3/5 RESOLUTIONS 11) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $6,381.76 representing fees incurred for legal services by Gregory Borgognoni of Ruden, Barnett ET AL, regarding the Bakery Centre $5,652, in the case of Steiglitz vs. City of South Miami $710.50 and disbursements regarding Land Use Comprehensive Plan Litigation of $19.26. Charging the disbursement to Account Number 2100 -4910; "Comprehensive Plans - Special Attorney." (Administration) 3/5 12) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of baseball uniforms and equipment from U.S. I Sporting Goods for a total price not to exceed $3,018.70 by the Recreation Department and providing for disbursement from Recreation Department Account Number 2000 -5610: "Baseball." (Administration /Recreation) 3/5 13) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, establishing the Local Option Gas Tax Trust Fund - 2, and accepting attached supplement as part of City's 1993- 94 Budget. (Administration) 3/5 14) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Earl G. Gallop Permanent City Attorney. (Mayor Carver) 3/5 15) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing acceptance of up to $50,000 of Municipal Transportation Planning Funds from the Metropolitan Planning Organization, and authorizing the expenditure by the City Manager of a sum not to exceed $10,000 for the required 20 percent match by the City, and providing for disbursement from the 1994 -95 budget when approved by the City Commission. (Administration) 4/5 ORDINANCES - FIRST READING none April 19, 1994 page 3 REMARKS none PURSUANT TO FLA STA. 266.0105, THE CITYHEREBYAD VISES THE PUBLIC THAT IFA PERSONDECIDES TO APPEAL ANYDECISIONMADEBY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MA TTER CONSIDERED A T ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THA T FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PRO CEEDINGS IS MADE WHICH RECORD INCUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITYFOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRE VELA NT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LA W. April 19, 1994 page 4 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: William F. Hampton City Manage From: D an Mimms, AICP Director of Building, Zoning & Community Development Dept VA Date: April 11, 1994 4/19/94 Commission Agenda Ite #4 Re: PB4 -006: Gate Height Ordinance to amend the Land Development Code The Planning Board entered a split decision, voting 3 -3, on the proposed ordinance and then voted 5 -1 to recommend that the additional foot (the change from six to seven feet in height) only apply to the height of gates; no consensus was reached concerning the height of light fixtures and their calculation. Staff stands by its recommendation of approval for the proposed ordinance. However, if the legislative intent of the proposed ordinance is to address primarily the present 6 -foot height cap with respect to gates (as opposed to gates and fences), staff recommends that the proposed ordinance be revised so that the additional foot of height applies only to gates. The absence of a height cap for lighting fixtures could be addressed by giving the Director of this Department the authority to send, at the Director's discretion, applications involving light fixtures to the Environmental Review & Preservation Board (ERPB). attachments: Excerpted Planning Board Minutes from the March 29, 1994 Meeting Planning Board Packet prepared for the March 29, 1994 Meeting r = C= TY O F S OUTH M 2.AM 2 — INTER - OFFICE MEMORANDUM my To: Mayor and Cit �mntisSion Date: March 10, 1994 l�, 3/15/94 Comm. Agenda - Item #10 Ord. From: illiavF�: Hampton Re: Amending Sec. 20- 3.6(H) of the Lanc City Manager Dev. Code Increasing the Height of Fences & Vertical Supports This is the first reading of an Ordinance that if adopted will allow the following: Current proposed a) Fences - 0' to 4' solid - 0' to 4' solid - 41 to 6' must have - 4' to 7' must have --- 600 open area — min. 60% open —.area - Total,ht. 610" - Total ht. 710" b) vertical Supports - Same as above c) Gates - Not mentioned in current Ord. Same as current Ord. except light fixtures not included: in ht. calculation Added to Ord. must have minimum 600 open area may be 710" in ht. This is the fourth time in 3 -1/2 years this Section of the Ordinance has been chanced. Recommendation: 1. Advantage to City: The prime advantage if this Ordinance is enacted is that homeowners will have more flexibility in selecting the height of fences, gates and vertical support columns. 2. Disadvantages to City: None 3. Staff recommends adoption of this Resolution 4. This Resolution ammends Section 20- 3.6(H) of the City Code 4 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING PARAGRAPH 2O- 3.6(H) OF THE LAND DEVELOPMENT CODE, PROVIDING FOR REGULATION OF THE HEIGHT OF PHYSICAL HARRIERS, TO INCLUDE THE TERM "GATES," TO INCREASE THE ALLOWABLE HEIGHT OF PHYSICAL BARRIERS BETWEEN VERTICAL SUPPORTS FROM TWO (2) FEET TO THREE (3) FEET, AND TO SPECIFY THAT LIGHT FIXTURES DO NOT COUNT IN THE HEIGHT CALCULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted a Land Development Code which, in paragraph 20- 3.6(H), regulates the height of physical barriers; WHEREAS, the term "physical barriers" includes fences, wall, trellises and hedges, but inadvertently omits reference to "gates "; WHEREAS, the height of physical barriers in residential districts is limited to four (4) feet above grade for the first tier, and to an additional two (2) feet for the second tier; and WHEREAS, the Mayor and the City. Commission find that it is desirable to include "gates" within the section, to increase the allowable height of the second tier from two (2) feet to three (3) feet, and to specify that light fixtures are not included in the height calculation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That paragraph 20- 3.6(H) Development Code is amended to read: of the Land (H) Physical Barriers (1) All fences, walls trellises, crates 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) [no change]. (b) In required yards not adjacent to a C, right -of -way, fences, walls, trellises aq tes and hedges shall not exceed four (4) feet in height above grade. Fences, gates and walls may be increased by twe —(2) three (3) feet in height above grade, providing that the upper twe +2+ three ( 31 feet of the ag te, between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent open area. The height of light fixtures shall not be included in the calculation of the vertical distance of the fAwees -, crates, . 2 Section 2. If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, the holding shall in no way affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1994. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY gate.ord 3 APPROVED: MAYOR PB -94 -006 APPLICANT: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING PARAGRAPH 2O -3.6 (H) OF THE LAND DEVELOPMENT CODE, PROVIDING FOR REGULATION OF THE HEIGHT OF PHYSICAL BARRIERS, TO INCLUDE THE TERM "GATES ", TO INCREASE THE ALLOWABLE HEIGHT OF PHYSICAT. RARRIERS BETWEEN VERTICAL SUPPORTS FROM TWO (2) FEET TO THREE FEET (3) FEET, AND TO SPECIFY THAT LIGHT FIXTURES DO NOT COUNT IN THE HEIGHT CALCULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Jorczak read request for the record. Mr. Parr inquired of Staff if they had additional comments, other than recommendation to approve request. There being none, Mr. Parr opened public hearing. There being no one present to speak for or against proposed ordinance, Mr. Parr closed public hearing and opened executive session. Staff gave background information as to origination of proposed ordinance, and explained that ordinance will allow an additional three (3) feet in height above 4 -foot cap on barriers (i.e., fences, gates, trellises) adjacent to ROW on residential - zoned property, provided that 600 of additional height is open. Therefore, fences and gates up to seven (7) feet in height would be permissible in front yards of single - family dwellings. Mr. Parr inquired of Staff as to possible negatives, if any, anticipated as a result of the gate ordinance. Mr. Jorczak voiced his disapproval of ordinance as proposed. Mr. Mimms noted that the ordinance modifies height requirements to property adjacent ROW only and leaves intact present height cap on property not next to ROW. Mr. Parr questioned Board if inclusion of light fixtures in height calculation should be a consideration. Mr. Gutierrez requested clarification as to any stipulation of height requirements for vertical supports. Staff stated that vertical supports are part of "uniform pattern ", and are not addressed separately in the ordinance. Regarding definition of grade, Mr. Mackey explained grade is defined as "average crown of abutting roadways." MOTION: Ms. Thorner moved to deny PB -94 -006. Mr. Jorczak seconded motion. VOTE: DENIAL: 3 OPPOSED: 3 (C. Thorner) (R. Parr) (M. Gutierrez) (P. Eisenhart) (R. Jorczak) (J. Lefley) SUPPLEMENT: Board considered PB -94 -006 further. MOTION: Mr. Gutierrez motioned to recommend to City Commission that ordinance verbiage allows extension of additional foot, applicable to gate only. Ms. Thorner seconded. VOTE: APPROVED: 5 OPPOSED: 1 (R. Jorczak) To: From: S = (=[r-VW O F S OUTH M= AM = myINTER - OFFICE MEMORANDUM Mayor an d on Date: March 30, 1-994 /1liam F 4�ton Re: 4/5/94 Commission Agenda - City Manager Item #5 Renaming a Portion of SW 59 Ave. to Dorn Ave. Background This Resolution honors two South Miami pioneer families - Robert and Harold Dorn and their wives Mary and Mabel. Recommendation: 1. Advantage to City: Celebrates and publicizes South Miami pioneers. 2. Disadvantages to City: None 3. This Resolution is sponsored by Commissioner Tom Cooper. 4. This Resolution impacts no existing Ordinances or Resolution. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING THAT PORTION OF S.W. 59TH AVENUE BETWEEN SUNSET DRIVE AND S.W. 73RD STREETS AS "DORN AVENUE ". WHEREAS, the Dorn brothers, Robert and Harold, arrived in Miami in 1910 and became growers, then agents, which led to the well - established Dorn Brothers Company, packers and shippers; and WHEREAS, Robert Dorn, member of Larkins Town Council and Larkins School Board, was an electrician and during the 1920's and 1930's had Dorn Electric Company. He invented and patented an irrigation system for agricultural use, 1926 emergency tires, and emergency rim - securing lugs for tractors which were all sold and installed by Dorn Manufacturing; and WHEREAS, Mary Dorn, wife of Robert and mother of three children, was a charter member of Cocoplum Womens Club, Larkins School PTA member, WWII Civil Defense aircraft spotter, member and office holder of Manning Dowling Cancer Unit, member and office of Town Club, member and president of South Miami Chamber of Commerce, developed and managed new drug store, new service station and new post office; and WHEREAS, Harold Dorn, elected for one year on South Miami's first City Council, managed the businesses of Riviera Theater and Dorn Brothers Shipping; and WHEREAS, Mabel Dorn, wife of Harold and the of four children, was a member of Cocoplum Women's C1 ;1 xpressed interest and became an authority on indigenous South 1b d trees, flowers and vegetables and subsequently wrote and p li ed three books on the subject and counselled people on the use of native foods during the depression when store - bought items were hard to obtain; and WHEREAS, Dorn Properties, partnered by both brothers, had large real estate holdings in the immediate area of South Miami; and WHEREAS, the Dorn Brothers loaned acreage (where the Metrorail is now located) to the town for a baseball field for public use; and Jop WHEREAS, the Dorn Brothers built the Dorn - Martin Drug Store, the first post office in the Town of Larkins, South Florida State Bank (never opened due to 1926 hurricane and national financial bust in 1926), a packing house on the railroad in South Miami, Riviera Theater, a service station on US 1 at 73rd Street and a new drug store (1050) which is now Lee's Pharmacy; and WHEREAS, the history of the City of South Miami (Larkins) _shows that a portion of S. W. 59th Place at Sunset Drive was once called Dorn Street; and WHEREAS, S. W. 59th Avenue is directly east of the three most important remaining Dorn Buildings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That portion of S. W. 59th Avenue between Sunset Drive and S. W. 73rd Street, be and the same is hereby designated as "DORN AVENUE ". PASSED AND ADOPTED this 5th day of April, 1994. ATTEST: Rosemary Wascura, City Clerk READ AND APPROVED AS TO FORM: Earl Gallop, City Attorney x APPROVED: Neil Carver, Mayor I From: N C = TY (DIP SOUTH M =AM= INTER - OFFICE MEMORANDUM Mayor and City Commission William F�. f ampton City Manager Background Date: April 14, 1994 Re: 4/19/94 Commission Agenda - Item #6: Special Use Permit Restaurant 5837 Sunset Dr. - SR District The Land Development Code requires the City Commission to approve a Special Use Permit before a restaurant may be authorized. An application has been made to open the La Bonne Boulangerie Restaurant at 5837 Sunset Dr. (SR District). Extensive detailed information is included in the attachments to this Resolution. Recommendation: 1. Advantage to City: We believe the opening of this restaurant will enhance the walk -about traffic in the SR District, which in turn will enhance retail sale opportunities for the retail stores. 2. Disadvantages to City: None 3. Staff recommends approval of the La Bonne Boulangerie Restaurant Special Use Permit. 4. This Resolution is required by Section 20 -7.12 and 20- 3.4(B)(4)(b) of the Land Development Code. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR A SPECIAL USE PERMIT PURSUANT TO SECTION 20 -7.12 AND SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE TO PERMIT A GENERAL RESTAURANT OPERATED BY LA BONNE BOULANGERIE ON PROPERTY LOCATED AT 5837 SUNSET DRIVE, SOUTH MIAMI, FLORIDA (A COMMERCIAL PROPERTY IN THE HOMETOWN DISTRICT), AND PROVIDING A LEGAL DESCRIPTION WHEREAS, La Bonne Boulangerie applied for a special use permit to operate a General Restaurant in the Hometown District pursuant to Section 20 -7.12, Permitted Uses, and Section 20- 3.4(B)(4)(b), Special Use Conditions, of the land development code to allow a restaurant in a SR district; and, WHEREAS, the property is located at 5837 Sunset Drive, South Miami, Florida, 33143, and is legally described as: Lots 5, 6, 8 and 9 and the West 2 feet of Lot 7, of "H.D. COOPER'S SUBDIVISION," according to the Plat thereof as recorded in Plat Book 4, Page 152 of the Public Records of Dade County, Florida, less the South 4.18 feet thereof; and, WHEREAS, the Building, Zoning and Community Development Department staff recommended approval of the application for a special use permit upon evaluating the application for (a) consistency with the comprehensive plan and (b) compliance with the required conditions contained in Section 20- 5.8(B) of the land development code; and, WHEREAS, on March 29, 1994, the Planning Board voted to recommend granting the application for a special use permit (6 -0); and, 6 b WHEREAS, the Mayor and City Commission 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. The application of La Bonne Boulangerie for a special use permit to operate a General Restaurant at the above - described commercial property in the Hometown District in a SR district is granted. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY resq.sup day of APPROVED: MAYOR , 1994 3 ('171 SOUTH MIAMI INTER- OFFICE 'IEMORANDUM To: ;William F. Hampton City Manager - �' From: D an `]iml AICP Director of Building, Zoning & Community Development Dept Date: April 11, 1994 Re: PB -94 -004: Boulangerie Special Use Permit for 5837 Sunset Drive (HD) The Planning Board voted unanimous approval of the request for a Special Use Permit to allow a General Restaurant to be located at 5837 Sunset Drive in the Hometown Overlav District. An important issue which •.-,rose during r.he Planning Board Meeting was that of alcoholic beverage licenses. current regulations do not permit the sale of any alcoholic beverage at this location. The Planning Board has recommended and I concur that in the interest of the Hometown Overlav District these restrictions should be reviewed•. This process will be initiated following consultation between the City Attorney and staff of this Department. attachments: Excerpted Planning Board Minutes from the March ?9, 1994 ']eeting Planning Board Packet prepared for the 'larch ' '29, 1994 Meeting 0 PB -94 -004 APPLICANT: La Bonne Boulangerie Request: Special Use permit to operate a General Restaurant in the Hometown District, per § 20 -7.12, Permitted Uses, and per § 20 -3.4 (B)(4)(a), Special Use Conditions, in the City of South Miami Land Development Code. Legal: Lots 5, 6, 8 and 9 and the West 2 feet of Lot 7, of "H.D. COOPER'S SUBDIVISION ", according to the Plat thereof as recorded in Plat Book 4, Page 152 of the Public Records of Dade County, Florida, less the South 4.18 feet thereof. Location: 5837 Sunset Drive; South Miami, Florida 33143 (A commercial property in the Hometown District) Mr. Parr opened public hearing. Mr. Eisenhart read request. Mr. Parr asked Staff for comments. Staff recommended approval. Mr. Parr inquired if there was anyone present who would like to speak for or against the request. Mr. Jorge Del Rosal (applicant) signed in to speak before the Board. He stated his intentions are to open an upscale French cafe and, as a result, improve the image of immediate area. Mr. Del Rosal presented rendering for the new interior and example -of logo for letterhead for Board consideration. Mr. Lefley requested clarification regarding site plan, noting discrepancy between plan inclusive of area for bar /lounge and letter of intent lacking entry of liquor sale /use. Mr. Del Rosal stated they do sell wine and beer at their establishments. Mr. Lefley inquired of Staff about sketch of survey, specifically involving use of septic tank vs. sewer connection. Staff responded there presently exists a moratorium on sewer connections, and therefore, use of septic tank is in order, per approval DERM and HRS. in regard to liquor use, Mr. Mackey confirmed that request for license was = submitted. Staff explained issuance of license would violate City's distancing requirements between establishments selling liquor, including beer and wine, and current Code disallows the issuance of a variance to provide such beverages at a future date. Mr. Gutierrez inquired of Staff if Code could be amended. Mr. Mackey offered procedures, i.e. recommendation or motion, by which Board's suggestions for amending the Code could be forwarded to City Commission. Ms. Thorner offered that the Board proceed with approval, then follow through on any recommendation to Commission. Mr. Parr inquired if there were any additional comments by Staff, or if anyone remained to speak on this matter. There being none, Mr. Parr closed public hearing and opened executive session. Ms. Thorner indicated her support of request. MOTION: Ms. Thorner moved to approve seconded motion. VOTE: 6 APPROVED: 6 PB -94 -004. Mr. Jorczak OPPOSED: 0 BOULANGERIE PLANNING BOARD MINUTES 5' Distance Requirements: Beer /Liquor sales in Restaurant /Bars - Mr. Gutierrez proposed discussion on City's current distancing requirements regarding establishment of restaurants /bars, licensed to sell beer /liquor. MOTION: Mr. Gutierrez motioned to recommend revision of ordinance that stipulates distance separation requirements between establishments serving alcoholic beverages. Mr. Jorczak seconded motion. VOTE: APPROVED: 5 OPPOSED: 1 (J. Lefley) Mr. Mackey offered to consult City Attorney for proper procedure to handle recommendation, and to report results at next Planning Board meeting. Also, Mr. Mackey offered to place recommendation as agenda item for April 26, 1994, Planning Board meeting. 4 BOULANGERIE PLANNING BOARD MINUTES & CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Date: March 25, 1994 Director of Building, Zoning & Community Development Dept From: Bill Mackey Re: Item #1: PB -94 -004 Planner A911IL-1 Special Use Permit Please, review the following staff report to be presented to the Planning Board for their Meeting on March 29, 1994. 1. REQUEST Special Use permit to operate a General Restaurant in the Hometown District, per 20 -7.12 Permitted Uses, and per 20 -3.4 (B)(4)(b), Special Use Conditions, in the City of South Miami Land Development Code. 2. BACKGROUND Following are conditions required in the Land Development Code under 20 -3.4 (B)"(4)(b) for approval of a Special Use Permit: (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. In addition, under 20 -3.4 (B)(4)(d) restaurants are limited in the City of South Miami via an overall maximum allowable area: (d) RESTAURANT, DENSITY i. Respective restaurant sites shall not be allowed to occupy more than the following percentage of the allowable first floor building area of any of the following zoning districts: NR 5% I 10% GR 25% SR 25% The percentage of the allowable first floor building area of the Specialty Retail district (in the Hometown Overlay District) is currently at 12.3 percent; sufficient capacity is available. An analysis of the area occupied by existing facilities is attached. ,' 17 7 3. ANALYSIS Pending City Commission approval, the applicant does meet the requirements of this section. The proposed use will be located in a designated "Contributive Building" as set forth in the Hometown Overlay District Ordinance; therefore, no parking spaces are required for the proposed Special Use per 20 -7.6 (C)(3). 4. RECOMMENDATION Staff recommends the Planning Board vote to recommend approval to the City Commission concerning this Special Use Permit. 5. COMPREHENSIVE PLAN The proposal does not conflict Miami Comprehensive Plan. with the adopted City of South SPECIALTY RETAIL (SR), TOTAL AREA = 944,150 SQ. FT. / 21.67 AC. RESTAURANT ENTIRE RESTAURANT $ OF S IT E SF SITE SF DISTRICT --------------------------------------------------------------- 18 Akashi Restaurant 3,200 0.34 5830 S Dixie Hwy I --------------------------------------------------------------- 19 E1 Manara 13,450 2,100 0.22 5811 Sunset Drive I --------------------------------------------------------------- 20 JJ's American Diner 10,875 1.15 5850 Sunset Drive I --------------------------------------------------------------- 21 Archie's Restaurant 20,250 2.14 5859 Sw 73 Street I --------------------------------------------------------------- 22 The College Inn 2,800 0.30 5894 Sunset Drive I --------------------------------------------------------------- 23 Khoury's 17,750 4,000 0.42 5889 SW 73 Street I --------------------------------------------------------------- 24 Club Cheers 5922 S Dixie Hwy 54,587 42,000 4.45 ----------------------------- 25 Deli Lane Cafe 7230 SW 59 Avenue ----------------------------- 26 Your Father's Moustache 7232 SW 59 Avenue --------------------------------------------------------------- 27 Finicky's Little Diner 7310 Red Road 35,120 5,000 0.53 ----------------------- - - - - -- 28 Food Works 7318 Red Road --------------------------------------------------------------- 29 Le Glacier 5950 S Dixie Hwy 31,986 26,000 2.75 ----------------------- - - - - -- 30 New Chinatown 5958 S Dixie Hwy --------------------------------------------------------------- TOTAL 12.30 L BOULANGERIE MEMORANDUM ATTACHMENT City of South Miam. � 130 Sunset Dnve. -cutn Miami, Ficr:ca 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant: Phone: L� L/ .:� _.1_ ' •.� Property Owner: l-� r` , , �_. - ,, • t - ,'� Signature: Phone Numoer: !Address:V`,•t•� -� /� •�. �, ./ Represented By: ,o ;�� ri I Organization: Address: -7e�-� tL;J4tl_ rs�1^�+•, Phone: 3C'E, Architect /Engineer: Phone: owner _ Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? i LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s ) Block Subdivision PB = _ Hetes and Bounds :f x .'-14. -� 03% 5�- ?- ,��,-Townahip Section Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance X„ Special Use _ Rezoning Text Amendment to LDC _ Text Amendment to Comp Plan _ PUD Approval _ PUD Major Change Briefly explain application and cite specific Code sections: SECTION: SUBSECTION: PAGE 1: AMENDED DATE' i SUBKITTED MATERIALS ; Letter of intent _ Statement of hardship _ Reasons for change: from owner /tenant inherent in the land list justifications _ Proof of ownership Power of attorney _ Contract to purchase Current survey —Z7 copies of Site Plan _�Z Required fee(s) for within 3 years 1 reduced @ 8.5" x 11" cost of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's knowled belief. Date Aypi�icant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. to BOULANGERIE APPLICATION LA BONNE BOULANGERIE Perhaps the most exciting trend in the restaurant industry today is the growing popularity of the "Gourmet Coffee which offer an extensive variety of specialty coffees and the "Gourmet Bakery" that serves high quality sandwiches, croissant and pastry in an upscale, comfortable but relaxed and informal environment. La Bonne Boulangerie has three very successful units operating in Dadeland Shops, Coconut Grove and Key Biscayne. La Bonne Boulangerie offers in its menu an impressive assortment of gourmet sandwiches, croissants with and without fillings, French pastries and exquisite cakes, as well as all coffee drinks. All baked products are of superior quality and their freshness guaranteed because they are baked and delivered to the stores on a daily basis. In October. 1993, La Bonne Boulangerie, Inc. was formed to become the leading French Bakery and Cafe in each of its target markets by establishing itself as the best producer of French bread, specialty breads, French pastries and the finest specialty coffees, generating a high degree of customer loyalty. To insure compliance with its rigorous standards, La Bonne Boulangerie will be vertically integrated, controlling its product sourcing, production and retail sale and continue to purchase the best raw materials available in the market for the production of its proprietary recipes. La Bonne Boulangerie restaurants will typically vary in size from approximately 1000 to 2200 square feet, with an average of approximately 1200 square feet. The company's expansion strategy is to increase its share in existing markets and to open restaurants in new markets where it can become the leading French Bakery and Cafe retailer. The company intends to open 8 restaurants in fiscal 1994 and 20 in 1995. Most of these restaurants will be opened in the Company's existing markets, specially in southern Florida; Palm Beach to Key West. The Company also intends to enter into at least two new markets in 1994, currently anticipated to be in major metropolitan areas on the East Coast. BOULANGERIE LETTER PAGE 1 of 2 LA BONNE BOUL4NGE JE 2720 Coral Way, 4th Floor INfiami, FL 33145 March 21, 1994 To WHOM IT MAY CONCERN: This letter is to introduce a new and exciting concept to be known as "La Boulangerie" with three very successful units in Dadeland Shopping Center, Coconut Grove and Key Biscayne. We have changed the name due to Copyright considerations in several key States. We now own an exclusive name and are in the process of registering a logo. The founder of the concept, Mr. Itaio Odria has joined forces with the Del Rosal Group. The Del Rosal Group currently owns 21 Burger King Restaurants (with l more under development) under the corporate name of GOLDCOAST PARTNERS, INC., and the Group consists of several very experienced professionals in Food Service. It is the objective of Odria and Del Rosal to take this concept into significant development over the next 24 months culminating in a Public Offering or Private Placement for National development and franchising in year 3. We would be very happy to meet with you at your convenience. Sincerely, 3 rge Luis del Rosal President BOULANGERIE LETTER PAGE 2 of 2 N LOCAT =ON SKETCH - SCALE: 1 �• =1a � iij\Vl j 61- 71 C7 o Y17 ':r'rz.r3tatsiujr7:3;1 iki 112 v a{ s d 9 y ro rr I n !3 r4 is I C�and. /• F - � • %or r�oC 4110 �/oilt Disc Cone . M cic iG �(eJ r'(CVa �i on• ,Jo %:This rs ..'8oua�Q�Y su�d�Y. Ve4c)i c'nc 5Sow) ore /yCr /ed Lots 5, 6, 8 and 9 and the West 2 feet of lot 7, of " H.D. COOPER'S SUBDIVISION ", according to the Plat thereof as recorded in Plat Book 4, Page.152 of the Public Records of Dade county, Florida, less the South 4.18' feet thereof. Property address: 5833 and 5851 S.W. 72nd St S. Miami, F1. 33143 WILSON DE LA TORRE ENGINEERS. LAND SURVEYORS AND PLANNERS 1401 S.W. 27 AVENUE J.N. 7112 SECOND FLOOR TELEPHONE: 541.4712 MIAML FLORIDA 33143 F.B. 174 -25 FACSIMILE: 541 -1661 Date: Jan. 12, 1994. i I HEREBY CMIZFY: That the attached " SIEIr-H OF SURVEY " of the above described property is true and correct to the best of my knowledge and belief as recently surveyed and platted under my direction, also that the survey represented hereon meets the min== technical standards for land surveyors as set forth by the Florida Board of Professional Land Surveyors in chapter 21 HH -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Wilson De la Torre NUTS: NW VALID UNLESS SEALED W= Professional Land Surveyor $ 1870 ZIE FLOSSED SURVEYCR'S SEAL. State of Florida. BOULANGERIE SURVEY PAGE 1 of 2 6 SKET CH OF s Tj F;11"v Y B MMARY SURVEY: SCALE: 1 " = eO' CinGS!'/ C.e6 rid � v k/,�c fancc i /a2�0 -" :F �a.s• C � � 'Q `+ n L1 1 ib•C' V 4 N� A /. g' � f o n R 9• w � Z � 14. as 25.00 Lao ' \ 33.30 •.70 sS.Ju `^ 0 T`c/o S' /y. CQs O.oe ,5/y. Cat, a v SaO 6k/C� S8 S! 61c-le. ✓5833 f /oorG![✓.: °/w.: !/.G� i(( � T 1 s. oa • sidlrtJP AL / N�j a '� � '� � 2'Cur6 { 6u•s/�� � BOULANGERIE SURVEY PAGE 2 of 2 )`j a1Je GC•6. } s u � 0 I • 5.{ L �1 6AP- A610 LCoU J4G 00 ='1�- PGR PER�va ('10 PEOF.,OW - Coco GI P 0) 0/2-00, PAL I�b 'o •I• 17' A,*rboi4 Privo•►ruv.% / 500 5(2• FT ►l Cl Q LO _ — 7 10.6 I 1�w SL-. I�fi GcGi.i►+luR z v �\ C i y S .S swan a: , 10.6 I 1�w SL-. I�fi GcGi.i►+luR z v �\ C i y S .S �I u Pavan cr,t f 72 �I (5UN5E7 DR NE SITE PLAN SCALE: 1" =20.0' BOULANGERIE SITE PLAN 1el swan a: , C 14. q' GN � "r�coJG.i.6fL ail �0 6.0 . Two si7 C. W. - 4.4 �1�01�� t- i..5�► ; � •�'�, �4vI�,JC� I�.•5b��<� it1 °�. III Co 9' FF.: II.loq J �� �` .�f i b ( w o►+c STY _i� • �, g..t G i Goa l k� .. { ka In 4 �I u Pavan cr,t f 72 �I (5UN5E7 DR NE SITE PLAN SCALE: 1" =20.0' BOULANGERIE SITE PLAN 1el ■E 6 s �c r l � y 0 I t O O 0 U 9� 1 / � jfjf i d F� • 0 SUNSET DRIVE n BOULANGERIE FLOOR PLAN 1�1- N 3 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: (305) 663 -6325; Fax #: (305) 666 -4591 On Tuesday, March 29, 1994, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. On Tuesday, April 19, 1994, 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 -004 Applicant: La Bonne Boulangerie Request: Special Use permit to operate a General Restaurant in the Hometown District, per 20 -7.12, Permitted Uses, and per 20 -3.4 (B)(4)(a), Special Use Conditions, in the City of South Miami Land Development Code. Legal: Lots 5, 6, 8 and 9 and the West 2 feet of Lot 7, of "H.D. COOPER'S SUBDIVISION ", according to the Plat thereof as recorded in Plat Book 4, Page 152 of the Public Records of Dade County, Florida, less the South 4.18 feet thereof. Location: 5837 Sunset Drive; South Miami, Florida 33143 (A commercial property in the Hometown District) 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 (FLORIDA STATUTES 286.0105). PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN THE CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH `tIAMI, FLORIDA 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 DEPARTMENT AT CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. THIS IS A COURTESY NOTICE BOULANGERIE ADVERTISEMENT 11 19 + +,:r c ",ffRsrrr My •Ati ! a Own ir I1 V v rc a sac : APPLZCARTt G 0MR2 ie06i5 wP xsrtwcNCLt 583 -U2 SE , .w�vfN- iSiCNr 4 Ml�r5 � �y�yZ . Comp. ass coloem"s SPetrhz sc.t.l w . �E�rt1uRl►NT cate.3- 17.'.'ii1. Orn. Chk..... CITY ow SOUTR MIAMI - PUNNING $OARD tissrinq No��.��/ BOULANGERIE MAILING AREA J� CITY (DF SOUTH TAI =AM= INTER - OFFICE MEMORANDUM To: Mayor and City Commission zi From: Wi l l lam ,F : ampton City Manager 7 Background Date: April 15, 1994 Re: 4/19/94 Commission Agenda - Item #7 Setback Variance Request - 6331 SW 43 St Mr. James Giannino is requesting a variance to permit an accessory rear garage to be located in the side setback. The proposed location of the garage encroaches 4 feet into the setback and one foot from the property line. The property at 6331 SW 43 St does not meet the dimensional requirements of the Land Development Code. The Code requires 60 feet of street frontage and 6,000 square feet of lot area. The property has only 51 feet of street frontage and 5,100 square feet of area. Staff does not find a hardship running with the land regarding this request. Recommendation: 1. Advantage to City: None 2. Disadvantages to City: Approval of this variance request would be a violation of the Land Development Code. 3. Staff recommends denial of this variance request. 4. This Resolution is pursuant to Section 20- 3.6(2)(5) of the Land Development Code. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: William F. Hampton City Manager n From: Dean Mimms,'Z�-ICP Director of Building, Zoning & Community Development Dept Date: April 11, 1994 Re: PB -94 -005: Giannino Variance Request for Accessory Side Setback The Planning Board at its March 29, 1994 Meeting voted 3:3 on the application by Mr. Giannino for a variance from the required five -foot side setback for an accessory structure,.in order to allow a one -foot side setback for a proposed garage. The subject property, 6331 S.W. 43 Street, is in the Bird Road Estates subdivision, and is on a 5,100 square foot lot with a 51 -foot frontage, where 6,000 square feet of lot area and 60 feet of frontage are required by Code. Despite the split decision of the Planning Board, the support of Mr. Giannino's request by various surrounding property owners, and despite the fact that the adjoining property (6321 S.W. 43 Street) was granted a variance in 1951 allowing a garage with a one -foot setback, staff is unable to recommend approval of the requested variance. Although it might be argued that small lot size constitutes hardship running with the land, this alone does not suffice to claim such a hardship. The existing concrete driveway is nonconforming. Slabs under Section 20 -3.6 (B)(7) may extend up to 5 feet from property line. The existing driveway is only 2 feet from the side property line. The proposed extension of the existing driveway may be permitted if the extension is made of gravel and not of concrete. Staff recommends denial of the requested variance. attachments Excerpted Planning Board Minutes from the March 29, 1994 Meeting Letter from Citizen (anonymous) read at March 29, 1994 Meeting Petition showing consent by 20% of surrounding property owners Planning Board Packet prepared for the March 29, 1994 Meeting 7 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING A REQUEST FOR A VARIANCE PURSUANT TO SECTION 20- 3.6(I)(5) OF THE LAND DEVELOPMENT CODE TO ALLOW A 1 FOOT SIDE SETBACK WHERE A 5 FOOT SETBACK IS REQUIRED FOR AN ACCESSORY STRUCTURE IN A RS -4 "SMALL LOT SINGLE FAMILY RESIDENTIAL" ZONING DISTRICT, ON PROPERTY LOCATED AT 6331 S.W. 43 STREET, SOUTH MIAMI, FLORIDA, AND PROVIDING A LEGAL DESCRIPTION WHEREAS, Mr. James Giannino applied for a variance from Section 20- 3.6(I)(5), relating to Accessory Structures or Uses, of the land development code, to allow a 1 foot side setback where a 5 foot setback is required for an accessory structure located in a RS -4 "Small Lot Single Family Residential" zoning district; and, WHEREAS, the property is located at 6331 S.W. 43 Street, South Miami, Florida, 33143, and is legally described as: Lot 21, Block 7, BIRD ROAD ESTATES, according to the Plat thereof, as recorded in Plat Book 19, Page 76 of the Public Records of Dade County, Florida; and, WHEREAS, the Building, Zoning and Community Development Department staff recommended denial of the application for a variance upon evaluating the application for (a) consistency with the comprehensive plan and (b) compliance with the hardship requirement contained in Section 20- 5.9(C) of the land development code; and, WHEREAS, on March 29, 1994, the Planning Board failed to recommend approving the application on a divided vote (3 -3); and, WHEREAS, the Mayor and City Commission accept the recommendation of the Building, Zoning and Community Development Department staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR' AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application of Mr. James Giannino for a variance to allow a 1 foot side setback where a 5 foot setback is required for.an accessory structure located in a RS -4 district at the above - described residential property is denied. PASSED AND ADOPTED this day of , 1994 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY resd.var APPLICANT: James Giannino Request: Variance from § 20 -3.6 (I)(5), Accessory Structures or Uses, to allow a one (1) foot side setback where a five (5) foot setback is required for an accessory structure located in the RS -4 "Small Lot Single - Family Residential" Zoning District. Legal: Lot 21, Block 7, BIRD ROAD ESTATES, according to the Plat thereof, as recorded in Plat Book 19, Page 76 of the Public Records of Dade County, Florida. Location: 6331 S.W. 43 Street; South Miami, Florida 33143 (A single - family residential property) Mr. Gutierrez read the request for the record. Mr. Parr acknowledged Staff report, and inquired if Staff had any additional comments. Mr. Mackey stated Staff had additional information applicable to the request, noting for the record a petition favoring approval, signed by 20% of surrounding property owners /tenants. Also, Mr. Mackey read a letter from a concerned citizen into the record. Additionally, Staff noted recommendation is for denial of variance. Mr. Parr then opened public hearing on PB -94 -005. Mr. Henry Rodriguez, Jr., representative for Mr. James Giannino, owner of property, spoke before Board. Mr. Rodriguez stated reasons for seeking variance for accessory structure, e.g., location of septic tank, size of structure. Mr. Giannino confirmed these reasons for the Board. Mr. Parr expressed concern about size of structure, particularly in relation to property line. The Board and Staff discussed issues and concerns regarding precisely who, tenants or owners, is notified when letters are mailed to addresses within radius of impacted property. Staff maintained the City attempts to properly notify those property owners most affected by. posting notice of hearing in local publications, and by mailing letters to owners as listed on tax rolls. Mr. Parr requested those persons still wishing to be heard approach the Board. Mr. Fred Stockhausen signed in, stated he would like to speak in favor of proposal, and explained that no one in neighborhood had spoken against variance. Following Mr. Stockhausen's remarks, Mr. Parr closed public hearing and convened executive session. Board voiced concerns regarding illegal conversion of structures into dwellings, and issuance of variances for future projects, as they affect the quality of neighborhoods. Staff responded to these issues by stating options City has to effectively resolve aforementioned concerns. Mr. Parr asked the Board to consider all viable alternatives relating to PB -94 -005. Ms. Thorner concurred and suggested applicant consider other options, rather than seek a variance. Mr. Eisenhart stated that since lot does n= conform to City's Code requirements, hardship does exist in relation to lot size. Mr. Gutierrez stated he sees no major violation in Code, by Board granting variance. In an effort to explore alternatives, Mr. Gutierrez asked applicant to consider reducing size of structure, if denial should occur, thereby increasing width of side setback. MOTION: Mr. Eisenhart moved to approve PB -94 -005. Mr. Gutierrez seconded motion. VOTE: APPROVED: 3 OPPOSED: 3 7 (M. Gutierrez) (R. Parr) (P. Eisenhart) (C. Thorner.) (R. Jorczak) (J. Lefley) S V 4 DI RD Ir i� A •f 0 �uii�1111�iY�� I I �1119 OP�O E � a�P- rrillf4m ium Uri G © , WHORM s� ►. aooa ov ©v Ao 1 4114.4 AL... I� r 9d i}I L I,[ r S at APPLICANT: i£5 G /ItN N ENO OWNER: MAP REFERENCE: 033 S. W. `13 Compass COKMENTS: VARIANCE Soy �ET134G{� scale.l�. S ^- rr �ET,act4ED G -7Rts� Orn .7#i1, chk ..... CITY os MUTU WAM1 PLANNING bOAQD 'tearing No...... MEOW- GIANNINO LETTER FROM CITIZEN (anon) P-413 ; M+,L, 2-1114, CITY OF SOUTH MIAMI ZONING PETITION Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: (305) 663 -6325; Fax n: (305) 666 -4591 PB -94 -005 n n Applicant: James Giannino ib � p 7 Request: Variance from 20 -3.6 (I)(5), Accessory Structures or Uses, to allow a one (1) foot side setback where a five (5) foot setback is required for an accessory structure located in the RS -4 "Small Lot Single - Family Residential" Zoning District. Legal: Lot 21, Block 7, BIRD ROAD ESTATES, according to the Plat thereof, as recorded i.n Plat Book 19, Page 76 of the Public Records of Dade County, Florida. Location: 6331 S.W. 43 Street; South Miami, Florida 33143 (A single - family residential property) 11 0 N� oN 20 SIGNATURES ARE REQUIRED FOR SUBMISSION OF THE APPLICATION We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the following Request(s): ya Zoning Petition Page 1 of 2 GIANNINO PETITION 7 J L1' � 10-1 ON t,rl 1 r4 11 J J J J ZONING PETITION (Continued from Page 1) We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the request(s) list on the preceding page. Nameu Date Address Z//L Zoning Petition Page 2 of 2 GIANNINO PETITION I I 1 I 1 1 1 1 1 I l I 1 I t I I I 1 I 7 I I I 1 1 I I I I 1 1 I I I I i I 1 1 t 1 i 1 I 1 1 1 1 1 1 Zoning Petition Page 2 of 2 GIANNINO PETITION ?tir,e', : M+47 -2-I '-0)4, CITY OF SOUTH MIAMI ZONING PETITION Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: (305) 663 -6325; Fax #: (305) , rm:FF77. PB -94 -005 Applicant: James Giannino MAR 29 1994 Request: variance from 20 -3.6 (I)(5), Accessory Sk c s or Uses, to allow a one (1) foot side setback ere a five (5) foot setback is required for an accessory structure located in the RS -4 "Small Lot Single- Family Residential" Zoning District. Legal: Lot 21, Block 7, BIRD ROAD ESTATES, according to the Plat thereof, as recorded in Plat Book 19, Page 76 of the Public Records of Dade County, Florida. Location: 6331 S.W. 43 Street; South Miami, Florida 33143 (A single - family residential property) 20 SIGNATURES ARE REQUIRED FOR SUBMISSION OF THE APPLICATION We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the following Request(s): 1 1 1 1 4 [: Zoning Petition /I Q416 . 5140 0-[ /l f �DDeN -P UNj Page 1 of 2 GIANNINO PETITION I CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Director of Building, Zoning & Community Development Dept From: Bill Mackey Planner 1 Date: April 11, 1994 Re: Item #2: PB -94 -005 Giannino Variance PLease, review the following staff report to be presented to the Planning Board for their Meeting on March 29, 1994. 1. REQUEST Variance from 20 -3.6 (I)(5), Accessory Structures or Uses, to allow a one (1) foot side setback where a five (5) foot setback is required for an accessory structure located in the RS -4 "Small Lot Single - Family, Residential" Zoning District. 2. BACKGROUND The applicant has requested a variance to permit a rear garage to be located in the side setback required for accessory structures. The applicant cites the property next door at 6321 S.W. 43 Street as an example for his case. Hardship is not directly addressed. On March 27, 1951, Building Permit # 2688 was issued to construct a rear garage at 6321 S.W. 43 Street with a 1 foot side setback. 3. ANALYSIS This property does not meet the dimensional requirements of the Land Development Code. The Code requires 60 feet of street frontage and 6,000 square feet of lot area. The property has only 51 feet of street frontage and 5,100 square feet of area. Since the Code requires lots to have 60 feet of street frontage, setback requirements are designed to be appropriate for lots that meet the minimum dimensional standards of the Code. It might be argued that lot size itself is a hardship running with the land; however, this alone is not sufficient grounds to claim hardship. 4. RECOMMENDATION Staff recommends that the Planning Board vote to recommend denial of the application to the City Commission, because there is no hardship running with the land. 5. COMPREHENSIVE PLAN The proposal does not conflict with the adopted City of South Miami Comprehensive Plan. t; of South Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Property Owner: JAMC-� &IiNNIN0 Signature: Address: (p:�.;�l l�,W, k35 ->•, Y111Am1 Phone Numbe (j e", 19 3Zc Represented By: H,Ropg1(vVEZ organization:Agr -MGVG GORt'• Address: 13c1 Z 14. VV, I (p yr. Phone: 3?h - 8ti 72 Architect: �t1CGNl Y G 6091°, Phone: 32� -X72 Engineer: it 11 Phone: it N Owner Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s ) 2 Block --'Z— subdivision $IKn K019 t6TATr-3 PB Metes and Bounds: ¢di.l v 01 O°! - 46,24 - 030 - O 720 APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance _ Special Use _ Rezoning Text Amendment to LDC Hama Occupational License — PUD Approval _ PUD Major Chunge Briefly explain application and cite specific Code sections: _ Letter of intent Proof of ownership Current survey SUBMITTED MATERIALS Hardship statement J Power of attorney 2 Site plan (7 copies) Y Reasons for change _ Contract to purchase Required fee(s) The undersigned has read this completed application and represents the information and all submitted materials furnished a e true and correct to the beat of the applicant's knowledq and beli c taws A. Date " am,=, w o.�w.r•e.r.. Nov v 29. oow •oo own 's Signature and title Upon receipt submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. GIANNINO APPLICATION !/ FEBRUARY 23, 1994 OWNER'S NAME: JAMES M. GIANNINO 6331 S.W. 43RD STREET SOUTH MIAMI, FLORIDA 33155 REASON FOR CHANGE I, JAMES M. GIANNINO HEREBY APPLY FOR VARIANCE CHANGE TO BUILD A SINGLE CAR GARAGE AS PER EXISTING GARAGE STRUCTURE NEXT DOOR, AND AS SHOWN ON ATTACHED PLANS. ALSO THIS DESIGN WILL MINUMIZE BACKYARD COVERAGE AND A STRAIGHT DRIVE -WAY FROM THE STREET. SEE PHOTO OF BACK YARD AREA AND NEXT DOOR STRUCTURE. WDINESS —or ER'S NAME Swom and subscribed to me thisay, of,3ai,'L . 19.1.E Notary Public L&M A. GIANNINO Notary PubbBnb of FWM& W C,,,4sion Egpir+a NOV 29.1004 COMA i CC 066072 GIANNINO LETTER l,� FEBRUARY 23, 1994 OWNER'S NAME: JAMES M. GIANNINO 6331 S.W. 43RD STREET SOUTH MIAMI, FLORIDA 33155 POWER OF ATTORNEY I HEREBY NAME AND APPOINT: ARCHITECT AND ENGINEER: ONE AND THE SAME, ARCMEC CORPORATION, 1392 N.W. 16th STREET, MIAMI, FLA., REPRESENTED BY HENRY RODRIGUEZ, (305) 325 -8972, TO BE MY LAWFUL ATTORNEY IN FACT TO ACT FOR ME TO MAKE APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD IN THE CITY OF SOUTH MIAMI, FLA. , AND TO SIGN MY NAME AND DO ALL THINGS NECESSARY TO THIS APPOINT- MENT INCLUDING AUTHORITY TO FILE FOR A BUILDING PERMIT. '� TNE­SS 7\n,� �,NERi'S Swom and subscribed to me this 1Lday, of,.-1 JL4 -19 � Notary Pu is _ �a� by coewfjssWn EX*w WV 29 -19" OOMM•ccown GIANNINO POWER OF ATTORNEY thereof, as recorded in Plat Book 19, Page 76 of the Public Records of Dade County, Florida. Note: Underground encroachments and utilities, if any, not located. Fence ownership by visual means only, legal ownership not determined. 10116101 1411116KOR14W-1 FLOOD INFORMATION: Community No.: 120658 Panel No.: 190 Suffix: G Date of FIRM: 1 -20 -93 Base Elevation: Not Available U V 4V, x /• cs n 0 �f1pt c PROPERTY OF:Giannino, James, 6331 S.W. 43rd Street, Miami Flori z N L A N N E S and G A R C I A, INC. 3 t_EC,EJt� 5r' .. ,• 6t' S5 t5 9 Tt /,z !os 5 �4 S 2 1 0 Office address: 359 Alca2ar Avenue. Coral Gables. Flori Y rtfrllbJTL4.tp z �L GL4&Tr. o GsP I �• Fd.J V:0.Av.v -440%. ♦• e'.7c 7 a r !:i ..,pr ip ar•et:r i r Roman M. Lannes s ' 11t, X14' t "= 2u L 36 20244 GIANNINO SURVEY 196 ZIP ZL 2.5 vi 11r c —S N6. t-•� ..43 Teo �jT . LG�,Q-i"t O 1J 5 KETG� This property described as: FdJ ` _ Lot 21, Block 7, BIRD ROAD ESTATES, r w according to the Plat thereof, as recorded in Plat Book 19, Page 76 of the Public Records of Dade County, Florida. Note: Underground encroachments and utilities, if any, not located. Fence ownership by visual means only, legal ownership not determined. 10116101 1411116KOR14W-1 FLOOD INFORMATION: Community No.: 120658 Panel No.: 190 Suffix: G Date of FIRM: 1 -20 -93 Base Elevation: Not Available U V 4V, x /• cs n 0 �f1pt c z N z Z cl• � � L1 T•( �\ ��A• 0 N dl0• P0 G—LCAL p.qf ct. 1 74 to `- 43zl b-t ' PROPERTY OF:Giannino, James, 6331 S.W. 43rd Street, Miami Flori z A BOUNDARY L A N N E S and G A R C I A, INC. 3 t_EC,EJt� ENGINEERS -LAND SURVEYORS • LAND PLANNERS seined hereon mein the minimum Tt /,z •T2'L,—r tic L1o,.! (L otAY1X.7y12-1 L Office address: 359 Alca2ar Avenue. Coral Gables. Flori (H) rtfrllbJTL4.tp z �L GL4&Tr. o GsP t-'o%A �a o Fd.J V:0.Av.v -440%. ♦• e'.7c 7 a r !:i ..,pr ip ar•et:r i z N z Z cl• � � L1 T•( �\ ��A• 0 N dl0• P0 G—LCAL p.qf ct. 1 74 to `- 43zl b-t ' PROPERTY OF:Giannino, James, 6331 S.W. 43rd Street, Miami Flori Not valid unless embossed A BOUNDARY L A N N E S and G A R C I A, INC. with Surveyor's Seal. SURVEY t Hereby rts that the wryer repro- ENGINEERS -LAND SURVEYORS • LAND PLANNERS seined hereon mein the minimum technical standards set forth by the Solid of Land Surveyors pursuant to Office address: 359 Alca2ar Avenue. Coral Gables. Flori Secuon,072.027.l1a Stamos. There are nOencro achments.oYNtaps.easomtnls Mailing address: P.O. Box 561131, Miami, Florida appeal'"/ on the pat• other han at shown hereto. ' Ila• Rest• Land Surveyor No. 2243 DATE SCALE DRAWN BY DRW Roman M. Lannes s ' 11t, X14' t "= 2u L 36 20244 GIANNINO SURVEY kal w I—� M S.W. .! v S T LOCATION PLAN, LEdAL New lut I1, Block 7, DUO a] go AOAO IST.IES. ZA ACCOrding to the flat thereof, at recorded In Plat look 19, •Page 76 of the Public Rai: of Oade County, Florida, LOT ti!' .� 511 N IG� Q• d n NSW an�nbE — �x►5�'tnl� .s1RULT. ate: La.T . Y' ` —Lt lYitNb el 1.11 I 11.11 O -- i:.(1N11Hb I 1 ;rxiyrlrle oN� '1.41 404, K"1Dic�E _050 -441rT 8 - GX1�'llNb -DR{YC a� Lof Ny 21 ( 6000 --51f/FT) Lo7 Nf- 22 C7000 eat /r"r1 - 410 K WALK h � N � 221 hJYMrl�t1. YPno d �'4- tir, � �ticrar +- SITE PLAN 0 /8' =1 —O') GIANNI ITE PLAN R[YppMf 1 tT In N fA A Od4 a�a LU 8�A U fA U 3 as A r Z CY Q � y Q t— W 0 4 W� SA X Oa av ao oA» y� -s-aa ears AS-110M oreew J111CrC w W � war • ;�" ifr14AI, MAT ROOM" i / -17TU" FIN / .WEST ELEV. rff. rWr Roor 2 I O, N. AWN I1 AWN N NZ / DI EAST ELEV. - _! JDoOF nr r 7rML SOUTH ELEV. t�eH, Vy 0.11, r/�O.il. M't1., Doo, K ervcco ("0 �er�luoff NORTH ELEV. 151_ou 0 0 N � ° hM5 oN sf�np = nJ M rhN PAKn6L .2884 '0' MTt Dog w! of %. VIP 06mv 0'X';' MIN In Wlrlo /w 9u oru. u f FLOOR PLAN (1 /4 "= 1'-0') GIANNINO DRAWINGS /c CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: (305) 663 -6325; Fax #: (305) 666 -4592 On Tuesday, March 29, 1994, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. On Tuesday, April 19, 1994, 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 -005 Applicant: James Giannino Request: Variance from 20 -3.6 (I)(5), Accessory Structures or Uses, to allow a one (1) foot side setback where a five (5) foot setback is required for an accessory structure located in the RS -4 "Small Lot Single- Family Residential" Zoning District. Legal: Lot 21, Block 7, BIRD ROAD ESTATES, according to the Plat thereof, as recorded in Plat Book 19, Page 76 of the Public Records of Dade County, Florida. Location; 6331 S.W. 43 Street; South Miami, Florida 33143 (A single- family residential property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (FLORIDA STATUTES 286.0105). PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN THE CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 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 DEPARTMENT AT CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. THIS IS A COURTESY NOTICE GIANNINO ADVERTISEMENT 'rI �ODU�U w a11111d�IIIII i�iilti l :: �o�ovQgavavv dw pi � „11,1. 0000a 000ao i1r11��a .mv .mv i� a000 eooao Mal�c�a■ rtms �i APPLICAUTO vAKV-,5 G(kNWiNo OW)MRS cJM,t- mAP urERtNcc,• (0351 5. W. �3 -'r tv-vr Co.pzE yA174ANr-r o.e sLTOAC-1,�- C4 1 Woof r A-rA+eD- 6AgA&f- CITY or MUTH AIAMI h 'LAMMING 50ARD !c Compere Dec..r3".....i... Drn.WChk..... Nearing No....... GIANNINO MAILING AREA 18 dw pi � „11,1. 0000a 000ao i1r11��a .mv .mv i� a000 eooao Mal�c�a■ rtms �i APPLICAUTO vAKV-,5 G(kNWiNo OW)MRS cJM,t- mAP urERtNcc,• (0351 5. W. �3 -'r tv-vr Co.pzE yA174ANr-r o.e sLTOAC-1,�- C4 1 Woof r A-rA+eD- 6AgA&f- CITY or MUTH AIAMI h 'LAMMING 50ARD !c Compere Dec..r3".....i... Drn.WChk..... Nearing No....... GIANNINO MAILING AREA 18 = CaTY OF SOUTH MX2,�-ImX ® INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: April 15, 1994 /Z//Z rFrom: % iliam ?.,./Hampton City Manager Background Re: 4/19/94 Commission Agenda - Item #8 Fund Raising - Sale Of Food to General Public By Churches, Synagogues, Mosques and Temples on Outside Grounds As reported previously a citizen complained that a church was illegally selling food to the general public from its outside grounds. We determined that our code did not permit churches, synagogues, mosques and temples to sell food to the general public from outside grounds. The church involved voluntarily ceased sales. The attached Ordinance permits churches, synagogues, mosques and temples to have fund raising sales of food to the general public from their outside grounds. Further, the Ordinance requires each church, synagogue, mosque and temple to obtain a three day $25 temporary permit from the Health Department when holding such sales. This Ordinance leaves the regulation of any food sale activities inside churches, synagogues, mosques and temples exclusively with Dade County and the Health Department where such regulation has always been. Recommendation: 1. Advantage to Citv: churches, synagogues, fund raising purposes South Miami when said and temples obtain a Health Department. Public sale of food from mosques and temples grounds for will clearly be permitted in churches, synagogues, mosques temporary $25 permit from the 2. Disadvantages to City: None I 3. Staff recommends adoption of the Ordinance. 4. This Ordinance refers to chapter 10D -B of the Florida Administrative code and Article I, Section 14B -11 of the Dade County Code. C. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA REGARDING SERVICE OF FOOD AND NON- ALCOHOLIC BEVERAGES DURING FUND - RAISING EVENTS BY CHURCHES, SYNAGOGUES, MOSQUES, AND TEMPLES. WHEREAS, sponsoring fund - raising events is part of the traditional charitable, community functions of churches, synagogues, mosques, and temples; WHEREAS, service of food and non - alcoholic beverages is a traditional and desirable function during such fund- raising events; WHEREAS, Chapter 1OD -13 of the Florida Administrative Code and Article I, Section 14B -11, et seq. of the Metropolitan Dade County Code establishes minimum standards for hygiene for public food service establishments, and provide for permits for temporary food service, and for enforcement; and, WHEREAS, it is desirable for the Mayor and the City Commission to state the city's policy regarding enforcement of Chapter 1OD -13 of the Florida Administrative Code and Article I, Section 14B -11, et seq. of the Dade County code. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Churches, synagogues, mosques, and temples shall meet the applicable minimum standards for hygiene for public food service establishments established in Chapter 1OD -13 of the Florida Administrative Code and Article I, Section 14B -11, et seq. of the Metropolitan Dade County Code. Section 2. It shall be the code enforcement responsibility of the city to determine that churches, synagogues, mosques, and temples have secured a temporary food service permit from the Dade County Department of Health or the state Division of Health when food and beverages are advertised outdoors for public consumption. Section 3. If, upon personal inspection, a code inspector finds food hygiene violations the inspector shall report the violations to the Director of the Dade County Department of Public Health pursuant to Section 148 -16 of the Dade County code. 8 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY church.r ©s 1 day of APPROVED: MAYOR , 1994 SENT BY: ; 4 -14 -84 :12 :14PM ; BAILEY HUNT4(305) 663 -6345 ;# 4 V,.5$ p. 741 FOOD HYGUM - 10W13= commtio% or has •a utility connection that disconnects quickly, or has a flvJbk utility. connectiotl line of suliident langth to permit the equipment to be moved for cleaning of the area. (14) "Employee" — Any porton working in or for' s food service establishment who anp2el in food preparation or service, who trausports food or food oontainam or who coma in contact with any . utensil or equipment. (15) `Equipment" -- All stoves, rouges, hoods, meatblocim, . tables, counters, - cabinets, relrtpratoM freezers, 'sinks, dishwashing machines, staam tables and similar items,'other. than utensils, used in the operation of a food service establishment. ..(16) "Extensively remodelad"• — ' For the purpose of this Chapter.. the tarns Oxtensively two Wed means structural o:banges.tc an existing clUblisbmaaat which costs in excess of 50 percent of the assessed value of the facility as determined by the county property appraiw. (17) "Fixed food astabliahmeni" — A food service establishment which operates at a specific lox con and is connected to electrical.' water; .and imp disposal systems. (18) "Food" — Any raw,.,cookcd or processed edible substance, ice. beverage or ingredient used or intended for use in whole, or in part, for human • oostsumptlan. .(19) "Food - contact surfaces" — Surfaces of equipment and ut" with which food normally o9 mss is contact, and those surfaces atom which food may dt4ja, drip or splash back onto surfaces ttamally in contact with •food. '(20) "Food service establishment" — Any facility as described in this detnition, where food is prepared and . intended for individual portion servioe, and includes the site at which. individual portions are provided. The term includes any such fsa illity rogardI of whether conwmp600 is on or —the and regardless of whhthcr there Is a cly W for the food. The term' Includes detention fac ffi ies, child carp facilities, schools' laUltutions, civic or- frsternai. organizations and bats and lounges. The term does not include private homes where food is prepared or served for' individual family consumption; nor does. the 'term include cbusehes, synagogues,'. or ' other not -for-profit religious orgauintions as - long, . as " these orpniaatiam serve only their members and guests and do not adverti m food or drink for public consumption, or any fscility-::or establishment pezmitted• a licenW.' under Chapter. 500: or Chapter 5o9, F.S.; nor close the term include any theater, if the primary use is as a thotntoac and if patron servica is limited to food Items Customarily Served. to the admittees of thatem. inch as �n' �, nuhae atd 'a1�a pao hot itema• (21) -Frozen W' -- Any item of food or food psodua intended for human consumption which .has boon- by; freezing. (22) •"Garbage" — Food wasto generated on premises that is not disposed of through the sawsge disposal system. The term also Includes send waste such as discarded containors or wrapper that are contamitwted with food waste. ,(23) "Hermatially•- sealed . cant or "— A container, designed and intended to be scrum . against the entry of microor0suisess to maintain . the commercial st«ility of its• contents after prvcasiug. (24)• "Hot water" -- For the purposes of this chapter, hot water means a water temperature of 100 degrees Fahranhdt or above. (25) "Indirect waste oowwMion" - An.indirea waste connection. is a .liquid waste pipe that is connected with the seweragos system through an -air gap or air break. (26) - "Kitdtonwam" — All multi -use utensils Other than•tablaware. (27)' "Limited food service atabli:hment" — Any establishment with a flood service opustioa, so limited by the typo and quantity of fbods prepared and the equipment udllzcd; that it poses a loser degree of risk to the public's health. 94 for the purpose of fen, requires leas time to monitor. The term includes small seasonally. operated concessions stands at schools, satellite ldtoheas that dispense catered meals and similar facilitki- (28) "Manager" — An individual who has direct authority, control or supervision Ow employees engaged in the storage, preparation, .display and,setving of food to the public (29) "Meat" '— Food which is 'intended for human consumption and is derived or peeparad. in whole or in part, from animal true, except such' articles which are only used for mediolual purposes and are used by the medical or allied pz0w ioas. (3ti) "&branded" - Food shall be considered to be misbianded: (a) If in packaged' form it lads • a iabol conttainitcg the name and place of business of the manufacturer, packer, or &trio ator; or an ' accurate statment of the{ contents; or .(b) If. it is offered for sale under the name of another food; at (c) if it purports to be or is represented its a food -for which a definition and standard of Identity has been prawrlbed and it is not. (3 1) "Non,food-oontact surfacax' •— Exposed surfaces'. of equipment other than • food - contact surfaces. (32) "Operator" — Any individual, partnership, firm, company, corporation, trustee association, public body or private antity cagapd, in the, Aqw, -preparation, display, or serving • of food to the public, This corm . also includes the owner,. operator,' kcgw, proprietor, luse0, manager, uwtant manger, vent, or employee of a food service estabtishmont. ' .(33) •" I+aekap0'! — Itcm that are bottled, canned, eartonad, bagged, or ==rely wrapped. (34) , "Perishable food" —Any food of such type . or in. such condition, as may spoa�, chat fonds who *am in hermetically containesa processed; by beat or other means to prevent spoilage and properly packaged, 4ab7dtatad, d rY Or. powdered- foods so iow in moisture olerttent as to • , nu r�-r, nu I ITY —tTT1� ... 1 _"'^�".'•'_._. .....i �— SENT BY: 4 -14 -94 ;12:15PM BAILEY HUNT - 4(305) 663 -6345 5 FOLD AND FOOD 8MVtCS WABLISHMMM i ld &i4 ARTICLE L IN GENFIEIAT. Bess. 148.1= 14810. E,esemged. ' ARTICLE Ii. MIIq1bIUM STANDARDS OF SYGIENE FOR FUBLIC FOOD SMVICE B.&W3LISEIMM S Sec. 10-11, Pasrpase. The purposo of this article i4-to further protect the health, Way, and, general welfare of the con- suming public in food •service,establishment& 1n Dade County, Florida. (Ord. No. 78.80, k1. 6•+678) see. 1413.18. Pemmit required. No person, firm- or'corporation altaiIl operate a public food service establishment within Dade County, Florida; without drat obtaining and main - taining a valid permit or written approval from the Dade C,ounty-Departmeat of Public Health or State. Division of Health. Such permits shall be conspicuously displayed' and shall be issued only kf ,er inspection of the premises of such public food service establlehment by a duly authorised repre- sentative 6f the Ddde Cdunty Department of HealthrIf such inspection reveals that'the public food service establishment is irr violation of County health ordinannee or statute&•of the State of Florida, or any regulation of the Division bf Health of the Department of Health and Rehabilitative Services, such permits shell not be segued until the violation is corrected. The' pruvisions.of this section shall not be ap- am 14819. Deftuftiaas. placable until October I, 1x78: (a) For the purposes of this articles the term (Ord. Na 78.80, 11:3, 6.5.79) "public food service sstablishmeuV is daf"i m d Sam 148.18.1. Foes.. hereby -to means every 'buildia8. or portion of a The following 'fees shall be charged • and ool- bulldhi ' vehicle (motorized or nonmotorimedb, lected by the Dade County Department of Public wagon or nmobilo food unit that is maintained .and Health for. inspection,. permitting and certifioa- operated as a place• where food and/or drink is tion as provided• fbr in.th#s. article: replay mewed and/or Bold to the public ' (a) Food service . establishments fir human consumption, including, but not lim►- , itedto, am rmstaurant, cwdisterla, lu*:k moan, lunch . (restaurants). - aounter or soda fountain, food service, establish- 0 -80 seats .................. $ .25.00 ment, foe d proeffiming plmt.or food outlet. Far the purposes of thig . aecticn, the phrases "food ma-vice, establishment,�� "fbodprooeeeingp�t'0 "food outlet" mean and include thoas establishments aimilerty defiaed•in Cha*% 10D•18,1013.14 and 10D -16, Florida Admstive Code. (b) ' For the purposm of this article, the term . . , exitohen" is domed hereby to mean the area of a public food service qeAblishment.where food is- prepared or cooked or stored for futum pregnra- Lion or cookinff. (c)' For the•purpoeem of this. article, the terms. „inspect" and "inapt ton» are defined hereby to mean open to the view of authorised persons, at my time during working hours. "inspection" in., eludes the ability to pi►abo¢rnph' the kitchen area. (Ord. No. .7&60, 4 g, 64.78; Ord. No. 75.88, 0 1, 10.1&75) .2123 81 -60 seats ................ . 26.00 Over 60 meats ................ 25.00 (b) Grooeries and meat markets.. 25.00 (c) Mobile food services units .... 25.00 (a Temporary food service...... • 25.00 (e) Take out food services (no seats) 25.00 (0 . Food processing plants ........ 25.00 (g). Public schools and public in- .............. No fees (h) . CaartTmaiton of food for expert 50.00 (Ord, No. 76 -72, $'1, 7- 20.76) Sao. 1413.14. der of permits. No public food- am vivo establishment permit shall be transferrable Ewan one {i) person, firm or I SENT BY: ; 4 -14 -94 ;12:16PM ; 110-14 =E COUM Y CODE corporation until representatives of the Dade County Department of Public Health are notified, (Ord, No. 79.80, $ 4, 645.79) Aft. 14$•16. Appnwal of OWN. .No, construction, extension or alteration of a public food service establishment &hall tape place betre the owner and operator have submitted ohm. PIA" Plans for said ' establishment showing ix. Wing and'proposed bout and'saici plans. have received written approval by the Dade County De. , partment of Public Health. (Ord. No. 7- 8.80,16, 64.78} Bea 1419.14. Xnfmroament. It shall bo the zftpoaklaty� of the Director of the Dade Wx duly County Department of Public Health or y repr'eeantative to o:ifwm the provieiona of this article throughout the entire county. (Ord. No. 78.60, f 6, 6.6.73) Secs 14H -17: Hevoottgou aj perr dta. The'Dade County Department of Public Health shall make inapectioae of all public food servios establishments within Dade County and should it be determined that a violation of any provWun of any State statute, regulatiou adopted thereunder or Dade County ordinance is being maintained therein, said Department of Public Health shall give the owner or.opaator of such food establish- went reasonable time by official notice, wwithin which to correct ouch violation. Should the violation continue bWond the time specified within the QMcW notice; the add public food wn"ia establishmentpermit may be revoked by the Department of Public Hesttth. The Director of the Department of Public Health or *his deputy apAointed•fbr such purpose ahall.be the hearing officer to conduct •a hearing on revoeatfodn of the Permit, said hearing shall be bald alter ten (10) dos' notice in wAtiag' to the owner or operator, moved by re&tMVd or oartitled mars - (Ord- No, 78.60, $ 7, 6.6.79) BAILEY HUNT4 05) 653 -6345 ;# 6 Sec. 148 -18. Power to close. Ain the opinion'of the Director of the Health' Department and.the County Manager or hie des• ignee following either inspection or hearing as set forthin Section 14 &17 above, conditions of n food establishment represent an immediate threat to the life or health of the: patrons and/or employees because of conditions having to do with :. (a) . Source of food supply; (b) Wholesomeness of food; (c) Food stoxage,practicea; ' (d) Temperatures at which foods are storod; (e) Preparation of food; M Display and serving of food; (g) Reuse of food; - (h) EYistenos of taacic =materials; (i) Di&hwashing facilities;. Q) ?Mwnce of disease in personnel; (k). Presence of vermin; (1) Contaminiated''Water; (m) Disposal of garbage and refuse; (n) Sewage 14cilitiga; and such conditions cannot be immediately rmu . edied or the proprietor refuses to remedy, the icon• ditions immediately, the establishment Ahall be ordered to close by action of the Health Depart. went. The establishment shall remain clo&ed until the condition or conditions which caused the olo. sruure.no longer exist, (Ord. No. 73.60, 18, 6.5.73) .Pec. 148.19. Penalties and remedies. " Any violating any provision of this ar• tide shall be deemed guilty of a vitslati'on and punished as provided by law. if such violation be continuing,, each day's violation' shall be- a sepa. rats offense. The violation of a" of the provisions of-this article may also be entwed by fl =edon, including a mandatory Wunction. , (Ord. No. 7"0, 1.9, 6.5.78) I3'!,e next pep is 217a1 I 2124 s I .. i I �� �' . •i ^iii' • u I i' ill''. "ii iii i .5 i 1'i'' -'�' i ��I i i I i n i i .oi�ir I'll � r - C= TY (DIP SOUTH M 2 AM = INTER - OFFICE MEMORANDUM To: Mayor and Ci ommission From: 4&11dm F. amp on City Man er Backaround Date: March,30, 1994 Re: 4/5/94 Commission Agenda - Item # G' Community Design Project Committee This Resolution would establish a volunteer design project committee for the Charrette Project listed under item 10 of the April 5 agenda. The duties of this committee are outlined in the Resolution. Recommendation: 1. Advantage to City: Creation of this committee will enhance citizen participation in the Charrette Project. Also, the committee will assist the City and the consultant's staff with advice. 2. Disadvantages to City: None 3. This Resolution is sponsored by Mayor Carver. 4. This Resolution impacts no existing Ordinances or Resolution. N Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, ESTABLISHING A VOLUNTEER COMMITTEE FOR THE COMMUNITY DESIGN PROJECT FOR NEIGHBORHOODS NORTH AND WEST OF US HIGHWAY 1; PROVIDING FOR DUTIES OF THIS COMMITTEE; PROVIDING A TIME PERIOD FOR THIS COMMITTEE TO CARRY OUT ITS DUTIES; AND APPOINTING MEMBERS. WHEREAS, the City of South Miami successfully undertook a community design project beginning in 1992 for the SR District, including an extensive citizen involvement process and "charrette," which created the Hometown Plan for downtown South Miami, and which guided the regulatory amendments establishing the Hometown District; and WHEREAS, the City now desires to apply a similar process for an additional area of the City, roughly bounded by US Highway 1 on the south, Red Road on the east, Miller Drive on the north, and SW 62nd Avenue on the west; and WHEREAS, the City intends to conduct a design "charrette" for this area, and intends to seek maximum participation and guidance in this project from community residents, property owners and business owners; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there shall be established a Community Design Project Committee, comprised of the following organizations: volunteers, who shall serve as representatives for particular groups, interests, or for for , _for for for , for , and for Section 2. That the duties of the Community Design Project Committee prior to the charrette shall be: 1) to assist the City staff and its consultants in organization of the process, priorities and logistics of the project; 2) to provide information on the history of the neighborhoods in the area; and 3) to actively and creatively promote the project in the community to encourage participation and recruit additional volunteers. Section 3. That the duties of the Community Design Project Committee during the charrette shall be: 1) to attend the public events and provide input on the design; and 2) to assist the City staff, its consultants and other volunteers with the logistics of the event. Section 4. That the duties of the Community Design Project Committee following the charrette shall be: 1) to review, with all deliberate speed, the proposals produced by the effort and advise the City Commission as to the appropriate actions on those proposals; and 2) to recommend from among those proposals a model project for implementation, and how citizen initiatives or volunteer contributions can be part of that model project. Section 5. The Community Design Project Committee shall serve for a period beginning from the date of passage of this resolution and ending three months following the charrette, and shall transmit its recommendations to the City Commission not later than three months following the charrette. Section 6. Mayor Neil Carver shall serve as the City Commission liaison to the Community Design Project Committee. PASSED AND ADOPTED this day of , 1994. ATTEST: APPROVED: City Clerk READ AND APPROVED AS TO FORM: City Attorney n Mayor rooWpxom To: From: IT. A v C= T Y O F S OUTH M= AM = INTER - OFFICE MEMORANDUM Mayor and City lion 11 iam '�Iarnpterri Y �9 City Manager Background Date: April 13, 1994 Re: 4/19/94 Commission Agenda Item #10:Contract To Repair And Paint The Gazebo - Jean Willis Park A number of years ago the City Commission purchased land on the west side of SW 61 Ct., across the street from City Hall and established Jean Willis Park. This is a passive park and because of the type of trees planted is called a Flowering Tree Park. In the Center of the park is a gazebo for individuals to rest, eat lunch, or admire the flowering trees. The gazebo, which is a "FAIRMONT" type, is in need of major repairs, requiring roof work, floor board replacement, bench replacement, new steps, decorative panels and painting. There were four bidders, of which one did not include all required work in the bid. The qualified bidders were: 1. Southern Contracting Corp. $5,240.00 2. W.P.R. Contracting, Inc. 5,277.56 3. M & S Builders, Inc. 5,591.00 Recommendation 1. Advantage to City: Jean Willis Park will be upgraded by repairing and painting the gazebo. 2. Disadvantages to City: None 3. Staff recommends adoption of this Resolution awarding the contract to Southern Contracting, Corp. 4. Funds for building maintenance and repair projects were approved in the 1994 -95 budget. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT IN THE AMOUNT OF $5,240 TO SOUTHERN CONTRACTING CORP. TO REPAIR AND REPAINT THE GAZEBO LOCATED IN JEAN WILLIS PARK; CHARGING SUCH DISBURSEMENT TO CODE 1710 -4670 BUILDING MAINTENANCE, PUBLIC WORKS DEPARTMENT. WHEREAS, the gazebo located in Jean Willis park is in need of substantial repairs and painting; and WHEREAS, four bids were obtained, of which three were deemed qualified, one was not because it did not included all required work in their bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be authorized to award a contract for repairing and repainting the gazebo in Jean Willis Park to Southern Contracting Corp. as the lowest qualified bidder. Section 2. That the cost of repairing and painting the gazebo in Jean Willis Park be charged to Code 1719 -4670 Building Maintenance, Public Works Department. /0 PASSED AND ADOPTED this day of April, 1994. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY /0 APPROVED: MAYOR o: From: v C =TY OF SOUTH M=4 INTER - OFFICE MEMORANDUM Mayor and City C n �l��liamIF.:, ptcn Re: City Manager Background Date: April 12, 1994 4/19/94 Commission Agenda - Item #11- Payment of $6,381.76 to Greg Borgognoni - Land Use Matters After the adoption of the Comprehensive Plan and Land Development Code in 1989 a number of property owners sued the City for various reasons involving the Comprehensive Plan and Land Development Code as it affected their properties. The City Commission determined it would be in the City's best interest to have expert legal counsel defend these lawsuits. Accordingly, Mr. Greg Borgognoni was employed to defend attacks on the Comprehensive Plan and Land Development Code. He has been successful in all lawsuits to date. Mr. Borgognoni was also selected to handle all legal matters regarding the Bakery Centre. Recommendation 1. Advantage to City: The City has empicyed expert legal counsel for Comprehensive Plan, Land Development Code and Bakery Centre litigation. 2. Disadvantages to City: There is no disadvantage to the City in paying this bill and retaining expert legal counsel. 3. Staff recommends approval of this Resolution. Funds are budgeted in the 1993 -94 budget. 4. Payment of this bill is in compliance with the 1993 -94 budget. 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 $6,381.76 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY GREGORY BORGOGNONI OF RUDEN, BARNETT ET AL, REGARDING THE BAKERY CENTRE $5,652, IN THE CASE OF STEIGLITZ VS. CITY OF SOUTH MIAMI $710.50 AND DISBURSEMENTS REGARDING LAND USE COMPREHENSIVE PLAN LITIGATION OF $19.26. CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -4910; "COMPREHENSIVE PLAN$- SPECIAL ATTORNEY." WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990 the City Commission authorized the employment of Gregory BORGOGNONI of RUDEN, BARNETT, et al; and WHEREAS, the City received invoices for legal services regarding the Bakery Centre in the amount of $5,932.17, and in the case of STEIGLITZ vs. City of South Miami for $710.50, and disbursements regarding the Land Use Comprehensive Plan Litigation of $19.26; and 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 $6,381.76 to Gregory BORGOGNONI of RUDEN, BARNETT, et al for legal services rendered. Section 2. That the disbursement be charged to account number 2100 -4910: "Comprehensive Plan - Special Attorney." /j ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Approved: MAYOR Client No. CI18371 FEDERAL IDa 59- 1307357 RUDEN, BARNETT, ,'AcCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. 7- ,)R\E1'S \I' L \ \\ E-\�T SRO\ \'ARD BOL.LL % >nD )ST OFFICE BO\ I"(") FORT LALDERDALE. FLORIDA ; CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 File No. 6 Bakery Center. March 10, 1994 Invoice No. 251149 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH 12/01/93 G. Borgognoni 5.0 875.00 Travel to Tallahasee to attend Oral argument. 12/02/93 G. Borgognoni 10.0 1,750.00 Prepare for and attend Oral Argument. 12/06/93 G. Borgognoni .4 70.00 Conferences with D. Mimms and W. Hampton regarding outcome of Oral Argument and various other matters. 12/16/93 G. Borgognoni .9 157.50 Conference with T. Arline; conference with V. Settles. 12/28/93 G. Borgognoni 6.8 1,190.00 Review DCA opinion faxes; research research regarding Rehearing or Clarification; telephone conference with T. Arline and V. Settles; telephone conference with Clerk's office regarding setting tape of Oral Argument regarding "vested rights" statement. 01/03/94 G. Borgognoni 1.2 210.00 Review transcripts; research regarding filing. 01/05/94 G. Borgognoni 2.1 367.50 Meeting with E. Marshall regarding transcripts. 01/10/94 G. Borgognoni 2.6 455.00 Review transcripts; draft Motion for Calrification; conference with T. Arline. 01/11/94 G. Borgognoni 1.2 210.00 Review motion. 01/12/94 G. Borgognoni 2.1 367.50 Further revise motions; file same; telephone conference with T. Arline. TOTAL HOURS 32.3 TOTAL FOR SERVICES $5,652.50 PLEASE SEE NEXT PAGE FOR TOTAL AMOUNT DUE. �I THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE IS 1% OF THE UNPAID BALANCE PER MONTH. Client No. CI18371 FEDERAL IDN 59-1307357 RUDEN, BARNETT, NIcCLOSKY, SrNAITH, SCHUSTER ` RUSSELL, P.A. \ TO RNE1S \,' _ \`A V EAST BROWARD SOU LE`. �,RD POST OFFICE I30\ :'�•� F17RT LAL DERDALE. FL, -IR0 + _ ;031 701 -6m,,0 CITY OF SOUTH MIAMI, FLORIDA Page 2 Bakery Center DISBURSEMENTS Worldwide Reporting Service Long Distance Telephone Calls Photocopies Messenger Delivery Federal Express Postage Esquire Express Courier IBC Messenger Service March 10, 1994 DISBURSEMENTS TOTAL TOTAL 160.00 5.19 61.25 4.00 10.85 3.63 18.00 16.75 $279.67 $5,932.17 THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE 1S 1 % OF THE UNPAID BALANCE PER MONTH. Client No. CI13371 FEDERAL ID# 59-1307357 RUDEN, BARNETT, .`,IcCLOSKY, SN11TH, SCHUSTER & RUSSELL, P.A. iTnRNE15 \T L M ::)0 EAST BROWARD 3OL'LE`. ',RD POST OFFICE 30\ 1900 FoRT LAUDERDALE. 'LORIDA i330 -' W51 761 -hbf)o CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 File No. 5 adv. Steiglitz. March 10, 1994 Invoice No. 251148 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH 12/08/93 G. Borgognoni 2.5 437.50 Revise witness list; conference with B. Stieglitz; research. 01/03/94 G. Borgognoni 1.3 227.50 Conference with B. Stieglitz; review proposed order. 01/25/94 K. Klein .3 40.50 Conference with Gregory Borgognoni; file review. TOTAL HOURS 4.1 TOTAL FOR SERVICES $705.50 DISBURSEMENTS Photocopies 5.00 DISBURSEMENTS TOTAL $5.00 TOTAL $710.50 THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE 1S 1 % OF THE UNPAID BALANCE PER MONTH. Client No. CI18371 FEDERAL IN 59- 1307357 RUDEN, BARNETT, NIcCLOSKY, SMITH. SCHUSTER & RUSSELL, P.A. ;TTORNEYS iT LAW _JO EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT L-\UDERDALE. FLORIDA 33301 305) i 64•hbbl) CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 File No. 1 Land Use Comprehensive Plan Litigation. DISBURSEMENTS Long.Distance Telephone Calls Photocopies Fax Charges March 10, 1994 Invoice No. 251147 .26 2.00 17.00 DISBURSEMENTS TOTAL $19.26 TOTAL $19.26 Ni � THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE IS 1 % OF THE UNPAID BALANCE PER MONTH. City of South Miami INTER — OFFICE MEMORANDUM TO: Mayor and City- Commission DATE: April 14, 1994 FROM' /.i /% J/ S„B,E,4/19/94 Commission Agenda Milliam Hampton Item #12 - Recreation Dept. City M nager Purchase of Baseball Equipment BACKGROUND: Each Spring the Recreation Department purchases replacement baseball equipment for the upcoming Summer Program which is offered from May 15 to the end of July. The Program is sponsored by the American Amateur Baseball Congress, which is the largest amateur Program in the United States (over !2,000 teams nationally). The teams are for boys 7 -16 years -old and are listed as follows: 1. Robert Clemente - 7 -8 years 2. Willie Mays - 9 -10 years 3. Pew Wee Reese - 11 -12 years 4. Sandy Koufax - 13 -14 years 5. Mickey Mantle - 15 -16 years There are five South Miami teams, with 25 -35 teams County -wide. The South Miami teams have approximately 90 participants with 80% South Miami residents. Residents pay $35.00 and non - residents pay $50.00. The Recreation Department operates the league and charges each outside team $150.00 to participate in the league.- The equipment purchases are only for the five City teams. The $8,000 annual cost is offset by $8,000 in revenue from the Program. The three bidders for baseball equipment are: 1. U.S. I Sporting Goods - 2. Zipp's Sporting Goods, Inc. - 3. Cosmos Sports - $3,018.70 $3,187.30 $3,396.69 RECOMMENDATION: 1. Advantage to City: This purchase will allow the Recreation Department to provide proper uniforms and accessories such as: Jerseys, belted pants, belts, caps, stirrup socks, shin guards, chest protectors, catcher' masks, batting helmets, and printing of names and numbers on uniforms for our five City teams. 2. Disadvantage to City: - None 3. Staff recommends adoption of the Resolution 4. Funds for the purchase of baseball equipment are included in the adopted 1993 -94 Budget. WFH:ec c:m #1 1. /it RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF BASEBALL UNIFORMS AND EQUIPMENT FROM U.S. I SPORTING GOODS FOR A TOTAL PRICE NOT TO EXCEED $3,018.70 BY THE RECREATION DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM RECREATION DEPARTMENT ACCOUNT NUMBER 2000 -5610: "BASEBALL." WHEREAS, pursuant to Article III, Section 5 H of the City Charter, which requires competitive bids from at least three different sources of supply, the Recreation Department advertised for bids for baseball uniforms and equipment; and WHEREAS, as a result of the bids received, the Administration of the City of South Miami received a low bid of $3, 018.70 from U. S. I Sporting Goods for the uniforms and equipment set forth in the attached memorandum. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That a purchase order is hereby awarded to U.S. I Sporting Goods in an amount not to exceed $3,018.70 for the purchase of baseball uniforms and equipment for the Recreation Department as set forth in the attached memorandum. At PASSED AND ADOPTED this day of April, 1994 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY /2 APPROVED: MAYOR v C =TY OF SOUTH �i2AM= INTER - OFFICE MEMORANDUM To : Mayor and Cit sworn From: - 'William F) Hampton City Manager 13 Background Date: April 12, 1994 Re: 4/19/94 Commission Agenda - Item #13: Local Option Gas Tax Trust Fund - 2 In September of 1993 the County Commission pursuant to authority granted by the State Legislature enacted a five cent local option gas tax, which became effective January 1, 1994. A majority share of this gas tax was earmarked for Dade County area -wide transportation projects. A portion of the new tax was set aside for the municipalities and distributed by the following formula: - 75% based on population - 25% based centerline of roadway maintained The City will receive an estimated $79,128 in revenue for seven months in 1993 -94 and an estimated $136,272 for the twelve months of 1994 -95. By State Law and County Ordinance the City must expend the new gas tax money for transportation purposes only. The attached Resolution creates an exclusive gas tax trust fund for revenue and expenditure of the money. Recommendation 1. Advantage to City: By creating a gas tax transportation trust fund the City will be eligible to receive gas tax revenue for transportation purposes. Also, the City will be able to fund a large portion of the Hometown Plan SW 59 Ave project this fiscal year. 2. Disadvantages to City: None 3. Staff recommends approval of this Resolution 4. This Resolution is in compliance with the Interlocal Agreement between South Miami and Dade County and Chapter 336, Florida Statutes. =2" RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING THE LOCAL OPTION GAS TAX TRUST FUND - 2, AND ACCEPTING ATTACHED SUPPLEMENT AS PART OF CITY'S 1993 -94 BUDGET. WHEREAS, Section 336.025, Florida Statutes (1993) authorized counties to impose, in addition to other local gas taxes, up to five -cent local option gas tax upon motor fuel for transportation related expenditures needed to meet the requirements of the capital improvements element of an adopted Comprehensive Plan. WHEREAS, the County has now imposed and levied such tax under the procedures of Section 336.025 (b) (2), Florida Statutes effective January 1, 1994. WHEREAS, the City of South Miami (as eligible recipient of the said tax) has now received the first payment of its allotted proceeds for 1993 -94 fiscal year. WHEREAS, in order to meet the requirements of the above - referenced Florida Statutes, a separate trust fund must be established by the City, to account for all related financial activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That, there is hereby established an additional fund to the 1993 -94 City's budget titled Local- Option Gas Tax Fund -2. Section 2. That the attached supplement be considered a part of City's 1993 -94 budget. Section 3. That all future payments received on this fund be deposited in a separate interest - bearing account. PASSED AND ADOPTED this day of April, 1994 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 13 APPROVED: MAYOR CITY OF SOUTH MIAMI BUDGET REVENUE /EXPENSE SUMMARY FUND LOCAL OPTION GAS TRST FUND -2 DEPARTMENT PUBLIC WORKS ACTIVITY STREETS ACCT ACCOUNT CLASSIFICATION NO REVENUES 330.100 INTERGOVERNMENTAL REVENUE 361.200 INTEREST INCOME CASH CARRY OVER BEGINNING YEAR TOTAL REVENUE EXPENSES 4640 "TAINT & REPAIR STRS /PARKWAYS 6460 INFRASTRUCTURE PROJECTS TOTAL GAS FUND EXPENSES CASH CARRY OVER END OF YEAR 13 12 17 30 0 0 DEPT. MANAGER ACTUAL ADOPTED REQUEST RECOMMENDS 1991 -92 1992 -93 1993 -94 1993 -94 SO $0 $78,578 578,578 SO SU 550 550 U U U 0 SO --- - - - - -- --------- SO --- - - - - -- --- - - - - -- 579,128 --- - - - - -- --- - - - - -- $79,128 --- - - - - -- --- - - - - -- 0 0 37,000 37,000 0 U 11.000 41,000 1) 0 0 0 50 --- - - - - -- --- --------- --- 50 - - - - -- - - - - -- 578,000 --- - - - - -- --- - - - - -- $78,000 --- - - - - -- --- - - - - -- SO s0 51 , 1'1.8 s i , i 28 CITY OF SOUTH MIAMI BUDGET 1730 -4640 MAINT & REPAIR STRS. /PARKWAYS 1730 -6460 INFRASTRUCTURE PROJECTS 13 LOCAL OPTION GAS TRUST FUND -2 BUDGET COMMENTS F/Y 1993 -94 $37,000 MAINTANANCE AND IMPROVEMENTS OF CITY STREETS 41,000 78,000 To: From: ly = C= TY O F S OUTH M= AM 2 INTER - OFFICE MEMORANDUM Mayor and City Commission Date: April 13, 1994 William F. Hampton City Manager Background Re: 4/19/94 Commission Agenda Item #14:Appointment Earl G. Gallop As Permanent City Attorney On February 15, 1994 the City Commission appointed Earl Gallop as interim City Attorney. At the April 5, 1994 Commission Meeting the Mayor after discussion with Commission members directed that a Resolution appointing Mr. Gallop permanent City Attorney be placed on the April 19, 1994 agenda. Recommendation 1. Advantage to City: City will have a permanent City Attorney. 2. Disadvantages to City: None 3. This Resolution is sponsored by Mayor Carver 4. Funds for this position are included in the approved 1993 -94ved in the 1994 -95 budget. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING EARL G. GALLOP PERMANENT CITY ATTORNEY. WHEREAS, on February 15, 1994 Earl G. Gallop was appointed interim City Attorney; and WHEREAS, Mr. Gallop has exceeded the expectations of the Mayor and City Commission in the performance of his duties as City Attorney; and WHEREAS, the City Commission wishes to retain Mr. Gallop as its permanent City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Mr. Earl G. Gallop is hereby appointed as permanent City Attorney for the City of South Miami, Florida to serve at the will and pleasure of the City Commission. Section 2. The eff ective date of this appointment is April 19, 1994. PASSED AND ADOPTED this day of April, 1994. APPROVED: ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY If MAYOR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Co sToners Date: April 11, 1994 F r o m i Re: City Commission Agenda- 4/19/94 City Manager Item #15: Municipal Transportation Planning Fund Application BACKGROUND: On March 31, 1994, the City of South Miami made application to the Metropolitan Planning Organization (MPO) to participate in the Municipal Transportation Planning Program. The City has applied for $50,000 to help offset the costs of re- planning efforts, to be held in Fiscal Year 1994 -95, for a third, and as of this time, unspecified district (the first is the Hometown /SR District). Part of this application is the attached Resolution which states that the City will accept any funding awarded, that these monies will be used only for the third district re- planning effort, and the required 20 percent matching funds by the City be charged to a specified account. RECOMMENDATION: 1. Advantages to the City: This resolution will enable the City to accept funds for continuing planning efforts started under the Hometown Plan /Hometown Overlay District Ordinance. 2. Disadvantages to the Citv: None. 3. Staff recommends adoption of this Resolution. 4. This resolution is consistent with the adopted City of South Miami Comprehensive Plan. /3 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING ACCEPTANCE OF UP TO $50,000 OF MUNICIPAL TRANSPORTATION PLANNING FUNDS FROM THE METROPOLITAN PLANNING ORGANIZATION, AND AUTHORIZING THE EXPENDITURE BY THE CITY MANAGER OF A SUM NOT TO EXCEED $10,000 FOR THE REQUIRED 20 PERCENT MATCH BY THE CITY, AND PROVIDING FOR DISBURSEMENT FROM THE 1994 -95 BUDGET WHEN APPROVED BY THE CITY COMMISSION. WHEREAS, the City Commission has directed the City Administration to seek outside funding in support of the City's district re- planning efforts; and WHEREAS, the City Administration has made application to the Metropolitan Planning Organization requesting monies from the Municipal Transportation Planning Fund for Fiscal Year 1994 -95; and WHEREAS, awarded monies from the Municipal Transportation Planning Fund are to be accepted by the City and used strictly for its third district re- planning effort, which will be undertaken during Fiscal Year 1994 -1995; and WHEREAS, a 20 percent match by the City is required for monies awarded from the Municipal Transportation Planning Fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: /S Section 1. That the City Manager accept all awarded monies from the Municipal Transportation Planning Fund and that all such monies be used solely for its third district re- planning effort. Section 2. That the disbursement of the required 20 percent matching funds be charged to the 1994 -95 budget when approved by the City Commission. PASSED AND ADOPTED this day of April, 1994 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ff APPROVED: MAYOR � C =TY OF SOUTH M =�,M2 Building, Zoning & Community Development Department 6130 Sunset Drive, 2r4 Floor; South Miami, Florida 33143 Phone: (305) 663 -6327; FAX #: (305) 666 -4591 March 31, 1994 Jose Luis Mesa, Ph.D., Secretariat Dade County Metropolitan Planning Organization 111 NW 1st Street, Suite 910 Miami, FL 33128 RE: Municipal Transportation Planning Fund Application by City of South Miami Dear Dr. Mesa: The City of South Miami wishes to participate in the Metropolitan Planning Organization's Municipal Transportation Planning program. Please consider this letter our request for a share of the Municipal Transportation Planning Fund(s). In South Miami, we are continuing a district by district comprehensive re- planning effort that began in November 1992 with the design charette for our downtown, attended by you, which culminated successfully with the adoption of the Hometown District Overlay Ordinance in October 1993. We are presently preparing for a June 1994 charette initiating a similar process for a district north and west of US 1, which is not currently governed by land use policies designed to encourage transit - oriented development. Our City Commission is strongly committed to continuing this district -by- district re- planning effort in the next fiscal year, and furthermore, is committed to continuing this effort for the entire city. The requested funding will be used in Fiscal Year 1994 -95 for a presently unspecified district in the City of South Miami. The awarding of the requested funds will assist us in the soon to begin budget cycle by allowing us to earmark the awarded funds as we allocate additional funds for our third district re- planning effort. This re- planning effort will focus on: 1) Linkages between land use policy and transportation needs; 2) Multi -modal mobility, including practical non - motorized travel and transit; 3) Maximum public participation in forming the plan; 4) Traditional neighborhood planning ideas; 5) Encouraging redevelopment and infill as opposed to sprawl; and 6) Reform of regulations where appropriate to help realize the vision. We are requesting $50,000 in Municipal Transportation Planning Fund(s) in order to: a) Partially match the available City funding for project consultant fees and expenses; b) Computerize the project base maps and design drawings, including a proposed overall circulation plan. This work will improve the accuracy of the designs and the resulting data may be shared with the numerous agencies with responsibility in this area, such as Metro -Dade Public Works, Florida Department of Transportation, Metro -Dade Transit Agency and Dade County HUD; c) Create a detailed multi -modal mobility plan and neighborhood.. traf f ic calming plan. The first plan will propose specific physical improvements intended to encourage use of alternative modes of travel, including cycling, walking, and riding transit. The second will propose physical improvements intended to manage the behavior of motorists, indicating specific locations and designs (these tasks require additional funding); and d) Coordinate with extra jurisdictional transportation planning efforts. This is to include (but not be limited to) interaction with County staff and attendance as needed at meetings of the Transportation Planning Council, MPO Governing Board, and the Transportation Improvement Program development committee. We consider these tasks essential to the success of the project. If more funding is available, we have other tasks in mind that will further enhance the effectiveness of the project. Attached is a draft resolution of the City Commission that is tentatively scheduled for consideration at the April 19, 1994 City Commission meeting. This resolution authorizes the City to receive Municipal Transportation Planning Funds, which may be awarded due to this April 1, 1994 application, and authorizes the City Manager to expend the required 20 percent match by the City of South Miami for any awarded Municipal Transportation Planning Funds. AT Please call me if you have any questions about this request. look forward to the MPO's participation. Since: 41, City WFH /ds attachment cc: Dean L. Minims, AICP Director, Building & Zoning /S 3 We rr CITY OF SOUTH MIAMI, FLORIDA RESOLUTION NO. A RESOLUTION OF CITY OF SOUTH MIAMI, OPPOSING DADE COUNTY REFERENDUM TO RESCIND SIX -CENT GASOLINE TAX. WHEREAS, the Six -Cent Tax was imposed by Dade County for the purpose of providing a continuous source of funding to up -grade and repair roadways throughout the County, and WHEREAS, the share received by the City of South Miami and other municipalities in Dade County from the Gas Tax is a major funding source used to repair roadways that have not been repaired in years due to the lack of funds, and WHEREAS, through sound fiscal management, City of South Miami and other municipalities have budgeted anticipated Gas Tax funds and made contractual commitments with local and minority contractors and many have already begun to fix their roadways, and WHEREAS, it is being proposed by certain members of the Dade County Board of Commissioners to give the Dade County voters and opportunity to overrule the County Commission's decision to impose the Six -Cent Gas Tax through a referendum to held some time this year, and WHEREAS, if the Gas Tax is rescinded, the cities will be left with no means of funding with which to pay for commitments already made and with virtually no way to repair their roadways, and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI: r 1. That the City of Coral Gables is opposed to the holding of a referendum to rescind the Six -Cent Gasoline Tax and urges the Dade County Board of Commissioners to consider the potential economic consequences and impact of the rescinding of this tax. 2. That the City Clerk is requested to forward this resolution to all concerned parties. 3. That this resolution shall become effective upon the date of its adoption herein. PASSED AND ADOPTED THIS Attest: Rosemary J. Wascura City Clerk Read and approved to form: Earl G. Gallop City Attorney Approved: Neil Carver Mayor 1994. N CITY OF SOUTH MIAMI, FLORIDA RESOLUTION NO. A RESOLUTION OF CITY OF SOUTH MIAMI, OPPOSING DADE COUNTY REFERENDUM TO RESCIND SIX -CENT GASOLINE TAX. WHEREAS, the Six -Cent Tax was imposed by Dade County for the purpose of providing a continuous source of funding to up -grade and repair roadways throughout the County, and WHEREAS, the share received by the City of South Miami and other municipalities in Dade County from the Gas Tax is a major funding source used to repair roadways that have not been repaired in years due to the lack of funds, and WHEREAS, through sound fiscal management, City of South Miami and other municipalities have budgeted anticipated Gas Tax funds and made contractual commitments with local and minority contractors and many have already begun to fix their roadways, and WHEREAS, it is being proposed by certain members of the Dade County Board of Commissioners to give the Dade County voters and opportunity to overrule the County Commission's decision to impose the Six -Cent Gas Tax through a referendum to held some time this year, and WHEREAS, if the Gas Tax is rescinded, the cities will be left with no means of funding with which to pay for commitments already made and with virtually no way to repair their roadways, and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI: 1. That the City of Coral Gables is opposed to the holding of a referendum to rescind the Six -Cent Gasoline Tax and urges the Dade County Board of Commissioners to consider the potential economic consequences and impact of the rescinding of this tax. 2. That the City Clerk is requested to forward this resolution to all concerned parties. 3. That this resolution shall become effective upon the date of its adoption herein. PASSED AND ADOPTED THIS Approved: Neil Carver Mayor Attest: Rosemary J. Wascura City Clerk Read and approved to form: Earl G. Gallop City Attorney , 1994. CITY OF SOUTH MIAMI, FLORIDA RESOLUTION NO. A RESOLUTION OF CITY OF SOUTH MIAMI, OPPOSING DADE COUNTY REFERENDUM TO RESCIND SIX -CENT GASOLINE TAX. WHEREAS, the Six -Cent Tax was imposed by Dade County for the purpose of providing a continuous source of funding to up -grade and repair roadways throughout the County, and WHEREAS, the share received by the City of South Miami and other municipalities in Dade County from the Gas Tax is a major funding source used to repair roadways that have not been repaired in years due to the lack of funds, and WHEREAS, through sound fiscal management, City of South Miami and other municipalities have budgeted anticipated Gas Tax funds and made contractual commitments with local and minority contractors and many have already begun to fix their roadways, and WHEREAS, it is being proposed by certain members of the Dade County Board of Commissioners to give the Dade County voters and opportunity to overrule the County Commission's decision to impose the Six -Cent Gas Tax through a referendum to held some time this year, and WHEREAS, if the Gas Tax is rescinded, the cities will be left with no means of funding with which to pay for commitments already made and with virtually no way to repair their roadways, and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI: 1. That the City of Coral Gables is opposed to the holding of a referendum to rescind the Six -Cent Gasoline Tax and urges the Dade County Board of Commissioners to consider the potential economic consequences and impact of the rescinding of this tax. 2. That the City Clerk is requested to forward this resolution to all concerned parties. 3. That this resolution shall become effective upon the date of its adoption herein. PASSED AND ADOPTED THIS , 1994. Attest: Rosemary J. Wascura City Clerk Read and approved to form: Earl G. Gallop City Attorney Approved: Neil Carver Mayor