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06-14-94
M T7 Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMSSION AGENDA Regular City Commission Meeting Meeting date: June 14, 1994 6130 sunset Drive, So. Miami, FL Next Meeting date: July 19, 1994 Phone: (305) 663 -6340 PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL T0. 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 - June 7, 1994 2) City Manger's Report 3) City Attorneyfs Report ORDINANCES - SECOND READING AND PUBLIC HEARING 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Subsection 4 -2 (A), of the Code of Ordinances, providing distance requirements pertaining to the manufacture, sale and distribution of alcoholic beverages, to eliminate the 500' distance requirement between nightclubs, bars and lunges and the 3001 distance requirement between restaurants in retail and commercial zoning districts of the City of South Miami; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) 4/5 RESOLUTIONS FOR PUBLIC HEARING 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a request for a variance pursuant to Section 20-4.3 (I) (12 ) of the Land Development Code to permit a flat sign which does not face the address street on property located in the "GR" General Retail Zoning District, and specifically located at 6448 South Dixie Highway, South Miami, Florida 33143 and providing a legal description. (PB /Administration) 4/5 RESOLUTIONS 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a request for an exemption from Section 20 -4.5 (B)(1)(a) of the Land Development Code to permit narrower landscaped buffers than required, pursuant to Section 20- 4.5(C) "Exemptions ", on the property located at 6448 South Dixie Highway, South Miami, Florida, 33143 and providing a legal description. (BZ /Administration) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Police Department to donate one of nine Overhead Streethawk brand police vehicle light bar to Miami Dade Community College School of Justice and Safety Administration. Nine Overhead Streethawks light bars are currently in surplus storage and are advertised for sale in the Florida Police Chief's Magazine for $150 per unit. (PD /Administration) 3/5 Agenda July 14, 1994 page 2 of 4 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to execute a contract under Title II -C with South Florida Training and Employment Council in the amount of $90,000 to recruit and case manage 30 youth (17 years to 21 years of age) beginning July 1, 1994 through June 30, 1995 for the City's Career Counselling Program. (Administration) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to execute a contract under Title II -A with South Florida Training and Employment Council in the amount of $63,000 to recruit and case manage 21 adults (22 years of age and older) beginning July 1, 1994 through June 30, 1995 for the City's Career Counselling Program. (Administration) 3/5 10. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida providing for transfer of the Dorn House Trust Fund to the Dade Heritage Trust. (Administration) 3/5 11. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida, providing for creating a Tree Bank. (Commissioner Cooper) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, providing for adoption and Implementing Total Quality Management Principles (TQM) (Commissioner Cooper) 3/5 REMARKS Vincent F. Tumlin - re: uses 6228 South Dixie Highway. Agenda July 14, 1994 page 3 of 4 DEFERRED /TABLE An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, repealing Article II, Sections 19A -31 through 19A -52, of the Code of Ordinances, providing for the Regulation of Tree Removal; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) (3) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $171.00 representing fees incurred for legal services by Stein & Warfman, P.A., Heritage and Potamkin vs. Dade Restraint Order on demolition representing costs by Dade County and charging the disbursements to "Dorn House - Expenses." regarding the case of Dade County seeking a Court of Dorn House $876.00 in connection to this case Account No. 09- 1100 -9970; (Mayor Carver) (3) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $942.50 for Signage and Graphic Services by Tom Graboski Associates, Inc., for Photographic reprinting of newspaper article by South Miami Blueprint, Inc. and charging the disbursements to Account No. 09- 1100 -9980; "Dorn Avenue Trust Fund Expenses." (City Attorney Gallop) (3) 3/5 Agenda July 14, 1994 page 4 of 4 v Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY CONBUSSION AGENDA Regular City Commission Meeting Meeting date: June 7, 1994 6130 sunset Drive, So. Miami, FL Next Meeting date: June 14, 1994 Phone: (305) 663 -6340 PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Opening B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - 5/12 special and 5/17/94 regular 2) City Mangers Report 3) City Attorney's Report -r - -- — - - -- none ORDINANCES - SECOND READING AND PUBLIC HEARING RESOLUTIONS FOR PUBLIC HEARING 4. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a request for a variance pursuant to Section 20- 4.5(B)(1)(a) of the Land Development Code to allow for the construction of an enclosure for a garbage receptacle to be located in the required perimeter landscape buffer on property in the "NR" neighborhood retail zoning district located at 7400 SW 57 Avenue, South Miami, FL and providing a legal description. (PB /Administration) 4/5 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida denying a request for a variance pursuant to Section 2 0-3. 6 (H) (2) (c) of the Land Development Code to allow a five foot solid masonry wall on portions of a required yard adjacent to a right -of -way which is located in the RS -2 "Large Lot Single- Family Residential" Zoning District, on property located at 6890 Sunset Drive, South Miami, Florida, and providing a legal description. (PB /Administration) 4/5 RESOLUTIONS 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, re- setting the Regular City Commission Meeting of Tuesday, September 6th, 1994 to Wednesday, September 7th, 1994. (City Attorney Gallop) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of cheerleader uniforms for a total price not to exceed $1,392.00 by the Recreation Department and providing for disbursement from Recreation Department Account Number 2000 -5631 "Cheerleaders.�� (Administration /Rec.) 3/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the expenditure by the Police Department for the purchase of 43 lateral four - drawer file cabinets in an amount not to exceed $15,439.15 from Decora Office Furniture under County Bid Number 1072 -1/95 OTK- CW, and charging the disbursement to No. 2100 -5510: "General Fund Contingency." (Administration /PD) 3/5 June 7, 1994 PAGE 2 v 9. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida, authorizing the expenditure by the City Manager of a sum not to exceed $2,600.00 for services rendered by the Municipal Code Corporation for Indexing and Codification of Amendments to the Land Development Code and providing for disbursement from Account Number 2100 -5510 "General Contingency." (Administration /B & Z) 4/5 ORDINANCES - FIRST READING none DEFERRED /TABLE An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, repealing Article II, Sections 19A -31 through 19A -52, of the Code of Ordinances, providing for the Regulation of Tree Removal; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) (2) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $171.00 representing fees incurred for legal services by Stein & Warfman, P.A., Heritage and Potamkin vs. Dade Restraint Order on demolition representing costs by Dade County and charging the disbursements to "Dorn House - Expenses." regarding the case of Dade County seeking a Court of Dorn House $876.00 in connection to this case Account No. 09 -1100 -9970; (Mayor Carver) (2) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $942.50 for Signage and Graphic Services by Tom Graboski Associates, Inc., for Photographic reprinting of newspaper article by South Miami Blueprint, Inc. and charging the disbursements to Account No. 09- 1100 -9980; "Dorn Avenue Trust Fund Expenses." none June 7, 1994 PAGE 3 (City Attorney Gallop) (2) 3/5 REMARKS City of South Miami INTER — OFFICE MEMORANDUM TO: Mayor and City Commission DATE: June 10, 1994 -� %�' Agenda Item #10 FROM. Wil''lia- Hampton SUBJECT: Comm. Mtg. 6/14/94 City Manager Trust of Dorn House Trust Fund to the Dade Heritage Trust BACKGROUND; The principals that requested to move the Dorn House from the Unincorporated area of Dade County to the City of South Miami have withdrawn their request. To date public donations for the purpose of moving the House to South Miami have been received in the amount of $19,•140.05 and have been placed in the City's bank account named "The Dorn House Trust Fund." The City has been informed by Dade Heritage Trust that they have undertaken the Dorn House Project and is willing to accept responsibility for the Trust Fund. RECOMMENDATION: 1 - Advantage to City: The Trust funds will be transferred to the non - profit Dade Heritage Trust so that that Agency can pursue the project. 2 - Disadvantage to City: None 3 - The City Manager recommends approval of this Resolution. 4 - This Resolution is required before funds may be transferred to another Agency. WFH:ec Attachment r j v Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COADUSSION AGENDA Regular City Commission Meeting Meeting date: June 14, 1994 6130 Sunset Drive, So. Miami, FL Next Meeting date: July 19, 1994 Phone: (305) 663 -6340 PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Opening B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - June 7, 1994 2) City Manger'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 Subsection 4 -2 (A), of the Code of Ordinances, providing distance requirements pertaining to the manufacture, sale and distribution of alcoholic beverages, to eliminate the 500' distance requirement between nightclubs, bars and lunges and the 300' distance requirement between restaurants in retail and commercial zoning districts of the City of South Miami; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) 4/5 RESOLUTIONS FOR PUBLIC HEARING 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a request for a variance pursuant to Section 20 -4.3 (I) (12) of the Land Development Code to permit a flat sign which does not face the address street on property located in the "GR" General Retail Zoning District, and specifically located at 6448 South Dixie Highway, South Miami, Florida 33143 and providing a legal description. (PB /Administration) 4/5 RESOLUTIONS 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a request for an exemption from Section 20 -4.5 (B)(1)(a) of the Land Development Code to permit narrower landscaped buffers than required, pursuant to Section 20- 4.5(C) "Exemptions ", on the property located at 6448 South Dixie Highway, South Miami, Florida, 33143 and providing a legal description. (BZ /Administration) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Police Department to donate one of nine Overhead Streethawk brand police vehicle light bar to Miami Dade Community College School of Justice and Safety Administration. Nine Overhead Streethawks light bars are currently in surplus storage and are advertised for sale in the Florida Police Chief's Magazine for $150 per unit. (PD /Administration) 3/5 Agenda July 14, 1994 page 2 of 4 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to execute a contract under Title II -C with South Florida Training and Employment Council in the amount of $90,000 to recruit and case manage 30 youth (17 years to 21 years of age) beginning July 1, 1994 through June 30, 1995 for the City's Career Counselling Program. (Administration) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to execute a contract under Title II -A with South Florida Training and Employment Council in the amount of $63,000 to recruit and case manage 21 adults (22 years of age and older) beginning July 1, 1994 through June 30, 1995 for the City "s Career Counselling Program. (Administration) 3/5 10. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida providing for transfer of the Dorn House Trust Fund to the Dade Heritage Trust. (Administration) 3/5 11. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida, providing for creating a Tree Bank. (Commissioner Cooper) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, providing for adoption and Implementing Total Quality Management Principles (TQM) (Commissioner Cooper) 3/5 REMARKS Vincent F. Tumlin - re: uses 6228 South Dixie Highway. Agenda July 14, 1994 page 3 of 4 DEFERRED /TABLE An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, repealing Article II, Sections 19A -31 through 19A -52, of the Code of Ordinances, providing for the Regulation of Tree Removal; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) (3) 3/5 A Resolution of the Mayor and Cit3 South Miami, Florida, authorizing 1 the sum of $171.00 representing services by Stein & Warfman, P.A., Heritage and Potamkin vs. Dade Restraint Order on demolition representing costs by Dade County and charging the disbursements to "Dorn House - Expenses." Commission of the City of he City Manager to disburse fees incurred for legal regarding the case of Dade County seeking a Court of Dorn House $876.00 in connection to this case Account No. 09 -1100 -9970; (Mayor Carver) (3) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $942.50 for Signage and Graphic Services by Tom Graboski Associates, Inc., for Photographic reprinting of newspaper article by South Miami Blueprint, Inc. and charging the disbursements to Account No. 09- 1100 -9980; "Dorn Avenue Trust Fund Expenses." (City Attorney Gallop) (3) 3/5 Agenda July 14, 1994 page 4 of 4 ..ddwmft. CITY OF SOUTH MIAMI T7, INTER - OFFICE MEMORANDUM To: Mayor & Ci ssion From: .,Willia m F. to n City Manager Background: Date: June 6, 1994 6/14/94 Commission Agenda Re: Item # 4 : Removal of the Distance Requirements Between Establishments Which Serve Alcoholic Beverages The current distance requirements between establishments that serve alcoholic beverages preclude any new establishment from obtaining a license for on- premises consumption within the Hometown District. From discussion with many restaurateurs, the financial feasibility of any new establishment is very limited by such regulations which prohibit the sale of alcoholic beverages (especially, wine and beer) which usually subsidizes food sales. Removal of the distance requirements between establishments will foster and encourage development in the Hometown District of new restaurant uses and the resulting economic activity associated with these establishments. Once again the City demonstrates its willingness to critically examine. its regulations and to promote the economic rejuvenation of our downtown, as envisioned in the Hometown Plan. Recommendation: 1. Advantage to City: The removal of artificial distance barriers between businesses that serve alcoholic beverages may create more walk -about activity in the Hometown District which will benefit our retail sales. 2. Disadvantages to Citv: None. 3. This Ordinance is sponsored by Mayor Carver. 4. This Ordinance amends Section 4 -2 (a) of the Code of Ordinances. 5. The Planning Board voted 5:0 on May 31, 1994 to recommend approval of the proposed Ordinance with the following modification: That the spacing requirements between restaurants, bars /lounges, nightclubs, and package stores, as those requirements pertain to residential dwellings - including those dwellings located outside of the Hometown District - be eliminated from within the City's Hometown District mly. (For clarification Page 2 purposes, Mr. Mimms asked if the 500 -foot spacing requirement, as it relates to residential properties located outside but adjacent to the Hometown District, would not apply. The Board concurred with this clarification.) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SUBSECTION 4 -2(A), OF THE CODE OR ORDINANCES, PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE .MANUFACTURE, SAL$ AND DISTRIBUTION OF ALCOHOLIC BEVERAGES, TO ELIMINATE THE 500' DISTANCE REQUIREMENT BETWEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 300' DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND C RCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami. enacted Ordinance Number 128, section 2, on September 24, 1940, and the ordinance has been amended various times, to provide for the regulation of the manufacture, sale and distribution of alcoholic beverages; and, WHEREAS, the restrictions are codified in the Code of Ordinances as Section 4 -2; and, WHEREAS, Subsection 4- 2(a)(3) provides distance limitations between licensed establishments and other land uses; and, WHEREAS, the distance limitations prohibit the location of nightclubs, bars and lounges within 500' of each other, and it prohibits the location of licensed restaurants within 300' of each other; and, WHEREAS, the Mayor and the City Commission find that it is desirable to eliminate the referenced distance limitations for nightclubs, bars, lounges, and for restaurants located in retail and commercial zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The distance matrix that is incorporated by reference into Paragraph (3) of Subsection 4 -2(a) is amended as follows: In the columns for the categories for Restaurants, Bars /Lounges and Nightclub delete the spacing requirements in their entirety. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY bev.ord $4 MAYOR 4 -2 SOUTH MIAMI CODE 4 -2 .a s,oSn ffu.izurojuoouOAl sioxsuq Ij!D o s0l0ls a.feyoecf j I I j w I o 1 i �4o 1 spy roQllodn s( M N w a101s X'l000lo w41 gnjoigrr�j fro II i. I I N •f� t A >r f l w soffuno(ls.rug I N N f �o SJULinPisou c y-� 0 ro 04 4J i I � �ell uoprsay Ln 0 �4 i � b C -H ro f 00 L(os JO qol n lf.' I v1 N N 10 ( N -W cw 41 N o rr w l Z. u f ►�.. A/ � Z I i E'4 0 I I 0 4 II 1 ra I -M $1 Supp. No. 46 48 Ire From: F,Jr � C2TY OF SOUTH M =AM= © INTER - OFFICE MEMORANDUM William F. Hampton City Manager aeanMimms, AICP Director of Building, Zoning & Community Development Dept Date: June 6, 1994 Re: Ordinance regarding Distances Between Establishments which serve Alcoholic Beverages On May 31, 1994, the Planning Board voted unanimously (5:0) to approve the adoption of the proposed ordinance to remove the requirements for minimum distances between establishments that serve alcoholic beverages, specifically restaurants, bars, lounges and nightclubs. The Planning Board also recommended language intended to remove distance requirements between such establishments and residential properties contiguous to the Hometown District. This language is stated in the attached minutes and exempts any establishment which serves alcoholic beverages within the Hometown District from the 500 -foot distance requirement from residential property located h�21h within and adjacent to the Hometown District. The Planning Board made a significant point in that the Hometown District is bounded on the south by the "RM -24" Medium Density Multi- Family Residential zoning district. Without their proposed exemption, any proposed restaurant or other establishment would not be permitted to serve alcoholic beverages if it were located south of S.W. 73 Street in the Hometown District. Both the City Commission and the Planning Board have proposed language in order to remove the existing restrictions which preclude restaurants and other establishments from obtaining licenses to serve alcoholic beverages within the Hometown District. Unlike the ordinance as proposed by the City Commission, the amendment proposed by the Planning Board would allow establishments within the Hometown District which serve alcoholic beverages to be less than 500 feet from residential properties located outside of the Hometown District. This amendment would offer less protection of the residential character for residential areas just outside of the Hometown District than the ordinance as proposed by the City Commission, and is not an amendment that I favor. The proposed, unamended ordinance offers substantial opportunity for locating additional establishments serving alcoholic beverages within the Hometown District and should be approved as is. The City can certainly examine additional changes to the spacing requirements in the future, but the amendment proposed by the Planning Board would need to be examined at that time for its desirability both in terms of protection of residential character and of offering the constitutional guaranty of "equal protection of the laws" to all persons or classes of persons within the City, and not just those contiguous to the Hometown District. It is my recommendation that the ordinance proposed by the City Commission be approved. IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Ms. Thorner read the request. Mr. Eisenhart asked Staff for comments. Staff recommended approval of the application. Mr. Eisenhart opened public hearing. Mr. Drew Brunetti of JDKL, Inc., spoke in favor of'the ordinance. Mr. Eisenhart closed public hearing and opened executive session. Upon Mr. Lefley's inquiry, Staff clarified for the Board that this change would affect the whole City, not only the Hometown District. Ms. Thorner suggested removing the 500 foot - requirement for those establishments (restaurants, bars /lounges, et al.) located near multi - family residential areas. Motion: Mr. Gutierrez made a motion to approve the ordinance with the following stipulation: That the spacing requirements between restaurants, bars /lounges, nightclubs, and package stores, as those requirements pertain to residential dwellings - including those dwellings located outside of the Hometown District - be eliminated from within the City's Hometown District only. (For clarification purposes, Mr. Mimms asked if the 500 -foot spacing requirement, as it relates to residential properties located outside but adjacent to the Hometown District, would not apply. Mr. Gutierrez concurred with the clarification). Mr. Parr seconded the motion. Vote: Approved: 5 Opposed: 0 Mr. Mackey concluded by stating that this item, PB -94 -010, is scheduled to be heard by the City Commission on June 14, 1994. IV. Approval of the Minutes of April 26, 1994 Mr. Gutierrez made a motion to approve the Minutes of April 26, 1994. Mr. Parr seconded the motion. Vote: Approved: 4 Abstained: 1 Ms. Thorner V. Remarks. Mr. Gutierrez moved to make a recommendation to the City Commission that the present 4 -foot height limit on hedges be removed and thereby increased to seven (7) feet in height. Mr. Parr seconded the recommendation. Vote: Approved: 5 Opposed: 0 Mr. Parr announced his resignation from the Planning Board, effective with the May 31, 1994 meeting. 4 ' r , § 4 -2 SOUTH MIAMI CODE § 4 -2 sosn gurz iojuoauoN • 4 w �v •r+ a a0 sja jseq jj!D b a 0 saJOjs a.fexoed 010 \ N s4axJeuu2dn S A N N O aJOjs la=JD 0� •� N qn jojg8rN N RS ., ro 3 C) SaffunollSJeg N cNd 47 M 4J U sj ueJn ejsag 0 41 I-a N z ao o P-i lepuaprs Y °c o °0 0 ON a0-► U b E �w z loogos Jo ping] 0 ° o o °° x ' N z in in vi vi v'� vi i I N ca v4-) a �° 3 41 �_ 3 •� W •� W 41 E y A •r•1 O tn Q �. o ._ ,, ; b o a 41 y a -Om ° `� 44 N 0 z � �, o a� �, a z c� a z a 9b .1- Ei -4 U N 0 J n' ro 0 Supp. No. 46 48 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Director of Building, Zoning & Community Development Dept From: Bill Mackey Planner Date: May 26, 1994 Re: Item #4: PB -94 -010 Alcoholic Beverage Please, review the following staff report to be presented to the Planning Board for their Meeting on May 31, 1994. 1. REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SUBSECTION 4 -2(A), OF THE CODE OF ORDINANCES, PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES, TO ELIMINATE THE 500' DISTANCE REQUIREMENT BETWEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 300' DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. ;• � The Hometown District Overlay was established to encourage economic growth and redevelopment of the City's traditional downtown business area. New restaurant operations are part of this vision. Restaurant establishments are discouraged from opening, if they are unable to secure licenses to serve alcoholic beverages (especially, beer and wine). 3. ANALYSIS ON 5. Nv The proposed ordinance does comply with the intentions of the Hometown District Overlay, and is a natural extension of regulations to promote economic growth and revitalization. RECOMMENDATION Staff recommends that the Planning Board vote to recommend approval of the application to the City Commission. • ► - :► The proposed ordinance directly supports Goal 2 and Goal 3 of the Comprehensive Plan in tandem with the already adopted Hometown District Overlay Ordinance. APPLICABLE CODE OF ORDINANCES SECTION: 4 -2(A) attachments Goal 2 and Related Objectives and Policies Goal2 To preserve and enhance the pedestrian character and comparison shopping function of the City's Sunset shopping area. South Miami's- Sunset commercial area east of U.S.1 is one of the most vibrant in south Florida. It serves populations in the city and beyond. The pedestrian character of the Sunset commercial area gives a measure of charm and sophistication that is perfectly compatible with the city's small town character. Preserving a*hd enhancing the vitality of the Sunset commercial area is the second most important goal of the comprehensive plan. Objective 2.1 Discourage urban commercial sprawl by enhancing downtown South Miami as the prime retail and commercial service center, as specified in the Future Land Use Map. Measurability shall be no major commercial rezonings outside of downtown. Policy 2.1.1 Prepare a sidewalk and bikeway plan with special attention to downtown. Policy 2.1.2 Monitor parking usage to determine when and where additional municipal parking areas should be provided. Policy 2.1.3 Oppose street widenings that would either feed more through traffic into the downtown area or adversely impact its pedestrian amenities in downtown South Miami. God 3 and Related Owes and Policies Goal To achieve a tax base adequate to support a high level of municipal services. Objective 31 Achieve over the next five years a six-percent average annual increase in the tax base through new development and increased property values. Policy 3.1.1 Zone for new development and redevelopment in accordance -with the ' Future Land Use Map. Policy 3.1.2 Enforce the City's zoning and other land development codes. Policy 3.1.3 Pursue traffic, parking and pedestrian amenity policies that enhance, downtown, and thereby the tax base. #16 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SUBSECTION 4 -2(A) OF THE CODE OF ORDINANCES PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES TO ELIMINATE THE 5001 DISTANCE REQUIREMENT BETWEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 3001 DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved by Mayor Carver, seconded by Commissioner Cooper, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing after consideration by the Planning Board. Mayor Carver explained that the current City ordinance restricts restaurants serving alcoholic beverages from being with a certain number of feet from each other and this amendment is a more progressive approach and would effect only the commercial and retail areas. Commissioner Cooper noted that the SR District is actually designed for residential as well as commercial and the new ordinance should not apply to that area. Moved by Mayor Carver, seconded by Commissioner Cooper, that the SR District be omitted from the distance requirements. Commissioner Bass spoke in support of removing the 300' distance from restaurant to restaurant but not removing the distance requirements between bars and lounges as this is not how she envisions the Hometown District. Motion on ordinance passed 4/1: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea; Commissioner Bass, nay. § 33.147 DADE COUNTY CODE the base thoroughfare, to the next street or avenue. (d) The numbering of number units in each square shall begin with that one hundred (100) number indicating the number of squares it may be removed from the base thoroughfare, and numbers shall advance by one hundreds only by squares as herein defined. (Ord. No. 57.19, § 32(J), 10- 22 -57) Sec. 33.148. Street naming and numbering plat. (a) The Director of Public Works is hereby di- rected to make without delay special maps or plats of the County covering all additions or subdivi. sions recorded or generally known and available within the County limits; designating the names of streets and number units by the numbers as herein provided. (b) The said maps or plats shall be known as the street naming and numbering plat and be kept open to the public for reference in the Office of the Director of the Building and Zoning Department. (c) Hereafter all buildings, houses, portions of land and lots adjacent to or abutting upon streets, avenues, places, terraces, courts, lanes and roads of the County shall be known and designated by the numbers indicated on said plats referred to in this section. (Ord. No. 57 -19, § 32(M, 10- 22.57) Sec. 33.149. Duty of owners of buildings. (a) It shall be the duty of the owner of any building facing, abutting, opening or having its main entrance from any right -of -way in the County to have affixed to such building suitable numbers composed of figures not less than three (3) inches in height, and/or panel upon glass or some me- tallic substance, in accordance with the plats re- ferred to in Section 33- 148(a) hereof. (b) All buildings constructed, erected or removed after January 31, 1941 shall upon completion of their construction, erection or removal be num- bered by the owner thereof as per Section 33 -148 hereof. (c) It shall be the duty of the owner to maintain numbers of his buildings as herein provided in good condition and in a conspicuous place where same can be seen and read from the street. (d) The word "owner" as used in this article shall include owners of the fee, lessee and "agent in charge." (Ord. No. 57 -19, § 32(L), 10.22.57) ARTICLE X. ALCOHOLIC BEVERAGES* Sec. 33.150. Location of establishments. (A) Distance from other establishments. Unless approved as a special exception (Section 33.311(d)), no premises shall be used for the sale of any al- coholic beverages, as defined herein, to be con- sumed on or off the premises where the structure or place of business intended for such use is lo- cated less than fifteen hundred (1,500) feet from a place of business having an existing, unaban- doned, legally established (and not one of the uses excepted from the spacing requirements herein- after provided) alcoholic beverage use which per- mits consumption on or off the premises. The fif• teen hundred (1,500) feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. (B) Distance from church or school. Unless ap- proved as a special exception (Section 33.311(d)), no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than twenty -five hun- dred (2,500) feet from a church or public school. The twenty- five - hundred -foot distance re- *Charter reference— Authority of County to establish and enforce regulations for sale of alcoholic beverages in unincor• porated areas and to approve municipal regulations on hours for the sale of alcoholic beverages, § 1.01(A)(16). Cross references— Definition of alcoholic beverages, § 33. 1(3); definition of bar or saloon, § 33. 1(10); definition of beer, § 33.1(13); definition of cabaret, § 33. 1(23); definition of intoxi. cating liquors, § 33- 1(59); minors gaining admission to prohib- ited places, or for purposes of securing beer, liquor or wine, by false statements or credentials, § 21.10; package stores and nightclubs in hotels, RU-4 District, § 33. 222.4. ZONING quirement shall be measured and computed as follows: (1) From a church, the distance shall be mea- sured by following a straight line from the front door of the proposed place of business to the nearest point of the church struc- ture, and (2) From a public school, the distance shall be measured by following a straight line from the front door of the proposed place of busi- ness to the nearest point of the school grounds. (C) Compliance prerequisite to issuance of li- censes, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements of subsections (A) and (B) above. (D) Nonconforming uses, definition of abandon. ment. The uses referred to in subsections (A) and (B) above that are in violation of the provisions thereof, and that were in existence on or before June 14, 1956, shall be deemed to be noncon- forming and as such may continue until there is an abandonment thereof, provided that such non- conforming uses have been established and proven to the satisfaction of the Building and Zoning De- partment on or before October 1, 1956, and not thereafter. After October 1, 1956, the right to es- tablish a use not conforming with the require- ments of subsections (A) and (B) shall have ex- pired and shall not thereafter be recognized. Any uses, created and established in a legal manner, which may thereafter become nonconforming, may continue until there is an abandonment. Once a nonconforming use is abandoned it cannot be re- established unless it can conform to the require- ments of this chapter. Abandonment shall consist of a change of use or of a suspension of active business with the public for a period of not less than three (3) months, or prior to the end of the period, on a written decla- ration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner. § 33.150 (E) Exceptions to spacing and distance require- ments. The restrictions and spacing requirements set forth in subsections (A) and (B) above shall not apply: (1) To private clubs, provided such clubs con- form to all the requirements of a private club as stated in Chapter 561 of the Florida Statutes and other applicable State laws, and providing that there are no signs of any type exhibited or displayed or other in- dications that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. Before a cer- tificate of use and occupancy to serve alco- holic beverages will be issued, the appli- cant must submit necessary data to prove that it is eligible for the use and complies with Chapter 561 of the Florida Statutes or other applicable State laws; provided, any- thing to the contrary notwithstanding, these requirements must be complied with, even though the club intends to serve only beer and/or wine. V 5229 (2) ESTABLISHMENTS IN RU -4, RU -4A DIS. TRICTS. To cocktail lounges, bars and cab- arets located in RU -4 or RU -4A Districts and which conform to the requirements of said districts, or such other cocktail lounges, bars and cabarets in other liberal districts as may comply with the RU -4 or RU -4A requirements. (3) RESTAURANTS IN BU -1, BU -1A DIS. TRICTS. To dining rooms or restaurants located in the BU -1 or BU -1A Districts which comply with the requirements of such districts and serve cooked, full course meals, daily prepared on the premises, or such other dining rooms or restaurants in other more liberal districts complying with the requirements of the BU -1 or BU -1A Dis- trict and which serve cooked, full course meals, daily prepared on the premises, pro- viding that only a service bar is used and the sale of alcoholic beverages are sold only to persons seated at tables. (4) COCKTAIL LOUNGES IN RESTAU- RANTS IN SHOPPING CENTER IN BU -2 DISTRICT. To cocktail lounge -bars (includ. § 33.150 DARE COUN'T'Y CODE ing package stores) in restaurants located in a shopping center in a BU -2 or more lib- eral district containing net ground building area (including parking) of not less than fourteen (14) acres under one (1) ownership of title with an approved plan showing 200,000 square feet of building area and improved by not less than seventy -five thou- sand (75,000) square feet of floor area thereon, with facilities for parking not less than two hundred fifty (250) vehicles, pro- vided such restaurant contains all neces- sary equipment and supplies for and serves . full course meals regularly, and have ac. commodations for service of two hundred (200) or more patrons at tables, and pro- vided the restaurant occupies more than four thousand (4,000) square feet of floor space. Only one (1) such cocktail lounge -bar will be permitted in the shopping center, and such restaurant use shall be at least five hundred (500) feet from any church or school measured as otherwise provided in this section. Before any such cocktail lounge -bar will be permitted the required floor area of seventy -five thousand (75,000) square feet and required parking for two hundred fifty (250) vehicles in the shopping center must be constructed. The cocktail lounge -bar in the restaurant structure shall not have outside entrances and the lounge and package store shall be so located that there is no indication from the outside of the structure that the cocktail lounge and package store are within the structure. (5) BEER AND WINE FOR OFF- PREMISES CONSUMPTION. To the sale of beer and wine as a grocery item for consumption off the premises, from grocery stores and meat markets within the hours- adopted and pre- scribed by the County Commission. (6) CONVENTION HALLS IN BU -1A DIS. TRICTS. To convention halls located in BU -1A, or more liberal business and indus- trial districts, which meet the following re- quirements: (a) Where the hall is part of the operation of a hotel or motel and di. rectly under its management. (b) Where the square footage area of the convention hall 5230 is at least ten thousand (10,000) square feet. (c) Where the seating capacity of the hall is in excess of five hundred (500) persons. (d) Where the sign advertising the cocktail lounge or bar use is of same or similar type as is permitted for motels in the RU -4 Dis- tricts, that is, the advertisement is incor- porated into the sign proper for the conven- tion hall. (7) BEER AND WINE IN BOWLING AL- LEYS. To beer and wine bars in bowling alleys: (a) Where there are no signs of any type exhibited or displayed, or other indica- tions, that can be seen from the outside of the structure concerned, that beer or wine or other malt and vinous bever- ages are being served, and (b) When such bowling alleys are in a fully air conditioned building having at least ten thousand (10,000) square feet of floor space under one (1) roof and under one (1) ownership of title, and (c) Where the building contains at least six (6) alleys usable for bowling, and where the bowling alley has facilities for the service of food and beverages in an area separate from the alleys them- selves and contains at least two thou- sand (2,000) square feet of usable floor space, including the bar and other fa- cilities for the service of food and bev- erages and has accommodations for at least sixty (60) patrons at tables, and (d) Provided that such building be not less than five hundred (500) feet from a school or church measured as provided hereinabove. (8) NIGHT CLUBS IN CERTAIN HOTELS AND MOTELS. To night clubs and caba- rets where the same are located in a hotel, motel, or apartment hotel and under the same roof, which contains at least two hun- dred (200) guest rooms or apartment units under the same roof, provided the exterior of any such building shall not have store fronts or give the appearance of commer- cial or mercantile activity as viewed from ZONING the highways. In the event the use contains windows which may be seen from the highway, said windows shall be of fixed, obscure glass. Such night club or cabaret shall be entered only through lobby, and no additional entrance shall be permitted. An additional entrance or door shall be per. mitted when the same opens into a court- yard or patio (away from street side) which is enclosed and which is not visible from the street. A fire door or exit shall be per- mitted, provided that the same is equipped with panic -type hardware and locks and is maintained in a locked position except in emergency. (9) PACKAGE STORES IN SHOPPING CEN- TERS IN BU -1A DISTRICT. Package stores in shopping centers in a BU -1A (limited business) or more liberal district containing a net ground building area of not less than five (5) acres including dedicated rights- of-way under one (1) ownership with an im- proved building area of not less than forty -one thousand (41,000) square feet of floor area thereon, and with an improved and developed parking area of not less than two hundred twenty -one (221) vehicles. Only one (1) such package store will be permitted in the shopping center. Said package store shall be at least two thousand five hundred (2,500) feet from any church, school and at least five hundred (500) feet from any other licensed alcoholic beverage establishment measured as otherwise provided in this sec- tion. (10) COCKTAIL LOUNGES IN GOLF COURSE CLUBHOUSES AND BEER IN ANCILLARY REFRESHMENT STANDS LOCATED ON SAID GOLF COURSE. To cocktail lounges in golf course clubhouses and beer in ancillary refreshment stands located on said course, whether governmen- tally or privately owned provided a bona fide regular, standard golf course is main- tained and consists of at least nine (9) holes, with clubhouse, locker rooms and atten- dant golf facilities and comprising in all at least one hundred (100) acres of land. Failure of such club to maintain the golf § 33.150 course, clubhouse and golf facilities shall ipso facto terminate the privilege of the cocktail lounge and sale of beer from the refreshment stands. (11) EXCURSION, SIGHTSEEING OR TOUR BOATS. To excursion, sightseeing or tour boats, providing the operators thereof ob. tain a State beverage license for such boats, the same being designated as their place of business, upon compliance with all the laws relating to vendors operating places of busi. ness where consumption on the premises is permitted; provided that such excursion, sightseeing or tour boats contain all the nec- essary equipment and supplies in order to, and do, serve full course meals regularly, and have accommodations at all times for the service of two hundred (200) or more patrons at tables and occupying more than four thousand (4,000) square feet of space. 5231 (12) TENNIS CLUBS AND INDOOR RAC- QUETBALL CLUBS. To any chartered or incorporated club owning or leasing and maintaining any bona fide tennis club or four -wall indoor racquetball club consisting of not less than ten (10) regulation -size tennis courts or ten (10) regulation -size four - wall indoor racquetball courts, or a combi- nation of tennis courts and four -wall indoor racquetball courts numbering fifteen (15), with clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or leased by such club and providing that there are no signs of any type exhibited or displayed or other indica- tions that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. (13) NOT - FOR - PROFIT THEATRES WITH LIVE PERFORMANCES. To any State. chartered not -for- profit legal entity orga- nized principally for the purpose of oper- ating a theatre with live stage performances and with not fewer than one hundred (100) seats. Sales of alcoholic beverages shall be permitted only for consumption on the pre- mises and only to patrons during any reg- CORAL GABLES ZONING CODE SECTION 21 -6 DISTANCE REQUIREMENTS - SALE Of ALCOHOLIC BEVERAGES AND LIQUORS. No retail beverage store, retail package liquor store, retail liquor store, retail package beverage store or club vendor shall be established or oper- ated upon premises closer than five hundred (500) feet from any church or school. The five hundred (500) foot lateral distance shall be measured and computed by following a straight line from the near- est point of the school grounds and /or church grounds in use as part of the school grounds and /or church facilities to the nearest property line of the building site of the place of business. A re- tail package beverage store may be established and operated within the distance prohibition area above described, only if such store.is operated in con- junction with and as an integral part of the busi- ness of a merchant selling food and food products. For-the purpose of determining the distance between alcoholic beverage uses and churches or schools, the applicant for such use shall furnish a certified survey from a registered land surveyor in the State of Florida indicating the distance between the pro- posed place of business and any church or school within five hundred (500) lateral feet. The survey shall indicate the shortest distance as measured and computed by following a straight line from the near- est point of the school grounds and /or church grounds in use as part of the school and /or church facilities to the nearest property line of the building site of the place of business. In case there are no churches or schools within five hundred (500) lateral feet of the place of business, the survey shall so certify. An applicant for a retail package beverage store license shall not be required to furnish a survey when such store is operated in conjunction with and as an integral part of a busi- ness or a merchant selling food and food products. 150 ov- Rev. 6 -30 -91 To: Mayor & From: City Background: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: June 3, 1994 6/14/94 Commission Agenda Re: Item # 5 :Resolution regarding a Variance for Pearl Art Store Pearl Artist & Craft Supply Corporation is relocating their store from unincorporated Dade County to the City of South Miami. The property is located at 6448 South Dixie Highway. Signage for the facility is proposed to be located on the western face of the building above the store entrance, in order to facilitate access for handicapped and elderly patrons, as well as to clearly indicate the entrance for all members of the general public. The proposed signage does not face a public street or alley, as required by Section 20- 4.3(1)(12) of the Land Development Code. However, it is clearly the intent of the recently adopted A.D.A. (Americans with Disabilities Act) that entrances must be accessible, that access routes should be short, and that signage should act as landmarks for accessibility. In other words, facilities should be designed so that entrances are clearly marked and easily accessible by all kinds of people. The applicant's proposal does meet the requirements of the A.D.A., although it does not comply with the City's restrictions for signage location as contained in the Land Development Code. The Building, Zoning & Community Development Department is currently assessing the signage regulations contained in the LDC, in order to propose new regulations that will better serve the needs of businesses, citizens and other uses, including handicapped members of the public. 1. 2. 3. 4. 5. C' Adva=ge to City: We believe that providing an easily accessible and clearly marked entrance is in the best interest of all members of the public and required by federal law. Disadvantages to City: None. Staff recommends approval of the variance application. This Resolution is pursuant to Section 20-4.3 (1)(12) and Section 20 -5.9 (C) of the adopted Land Development Code. The Planning Board voted 5:0 to recommend approval of the variance application. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR A VARIANCE PURSUANT TO SECTION 20-4.3 (I)(12) OF THE LAND DEVELOPMENT CODE TO PERMIT A FLAT SIGN WHICH DOES NOT FACE THE ADDRESS STREET ON PROPERTY LOCATED IN THE "GR' GENERAL RETAIL ZONING DISTRICT, AND SPECIFICALLY LOCATED AT 6448 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, Pat Oblak of Pearl Artist & Craft Supply Corporation has applied on behalf of Pearl Artist & Craft Supply Corporation and R. Hart of B -Mar Associates, property owner, for a variance from Section 20-4.3 (I)(12), to permit a flat sign which does not face the address street on property located in the "GR" General Retail zoning district; and, WHEREAS, the property is located at 6448 South Dixie Highway, South Miami, Florida, 33143, and is legally described as follows: A portion of the SE '/ of the SW 'A. of the NW '/4 in Section 36, Township 54 South, Range 40 East, Dade County, Florida being more particularly described as follows: Commence at the intersection of the easterly right -of -way line of U.S. Highway #1 and the south line of the SE 1/ of the SW 1/ of the NW 1/ of said Section 36; thence run north 508'0" east along the southeasterly right -of -way line of U.S. Highway #1 for 416.96 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue north 5008'0" east along said southeasterly right -of -way line of U.S. Highway #1 for 150.00 feet; thence run south 3952'0" east at a right angle to the last described course for 195.00 feet; thence run north 508'0" east parallel to said southeasterly right-of-way line of U.S. Highway #1 for 20.65 feet; thence run south 39� 19'0" east for 41.75 feet; thence run south 5041'0" west for 6.05 feet; thence run south 008'0" west along a line parallel with and 15 feet west of the east line of said SE 1/ of the SW 1/ of the NW 1/a of Section 36 for 152.80 feet; thence run south 89032'3(Y' west along the north right -of -way line of Davis Road, said line being 35 feet north of and parallel with the south line of said SE 1/ of the SW 'A of the NW 'A of Section 36 for 252.00 feet; thence run north 0027'30" west at right angles to the last described course for 23.54 feet; thence run north 508'0" east parallel to said southeasterly right - of -way of U.S. Highway #1 for 113.38 feet; thence run north 3952'0" west for 175.00 feet to the Point of BeaaWng. S WHEREAS, the Building, Zoning & Community Development Department staff recommended denial of the application to the Planning Board 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 May 3, 1994, the Environmental Review & Preservation Board voted to recommend that this signage be allowed by variance and that this signage would be beneficial to the City by providing for public orientation, thereby enhancing the environment in the immediate area (3 -0); and, WHEREAS, on May 31, 1994, the Planning Board voted to recommend approval of the application for a variance (5 -0); and, 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 Pearl Artist & Craft Supply Corporation for a variance to permit a flat sign which does not face the address street on property located in the "GR" General Retail zoning district at the above - described commercial property is approved. PASSED AND ADOPTED this 14th day of June, 1994. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY S APPROVED: MAYOR To: From: X .Awmbb. CITY OF SOUTH M1AMi ® INTER- OFFICE MEMORANDUM William F. Hampton City Manager De Mimms, AICP Director of Building, Zoning & Community Development Dept Date: June 3, 1994 Re: Variance Request for Signage Location at the Pearl Artist & Craft Supply Store located at 6448 South Dixie Highway On May 31, 1994, the Planning Board voted 5:0 to recommend approval of the application by Pearl Artist & Craft Supply Corporation for a variance from Section 20-4.3 (I)(12), to permit a flat sign which does not face the address street on property located in the "GR" General Retail zoning district at 6448 South Dixie Highway. On May 3, 1994, Pearl Artist & Craft Supply Corporation, represented by Pat Oblak, was encouraged to apply for a variance by the Environmental Review & Preservation Board at one of the preliminary reviews held by the Board. The applicant was permitted to submit the proposed signage for input from the E.R.P.B., prior to the decision to apply for a variance. Given the requirements of federal regulations for handicapped access and signage, the application for the variance may be granted, in order that the City and the applicant comply with the A.D.A. In addition, although the Planner's staff report indicated a finding of "no hardship ", the property is indeed very unusual in shape and orientation toward both U.S. Highway #1 and Davis Road. The Citv Commission may make a determination of hardship based on the physical configuration of the property (a hardship which is, indeed, inherent in the land) and may then grant a variance for such a hardship upon deliberation. This action would be in compliance with the requirements for the determination of a valid hardship "that runs with the nature of the land". attachments EXCERPTED MINUTES FROM THE PLANNING BOARD MEETING ON MAY 31, 1994 PB -94 -009 Applicant: Pearl Art & Craft Supply Corporation Request: Variance from Section 20 -4.3 (1)(12) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. Location: 6448 South Dixie Highway; South Miami, Florida 33143 (A commercial property located in "GR" General Retail) Mr. Gutierrez read the request. Staff recommended denial of the request. Mr. Eisenhart opened the public hearing. Ms. Pat Oblak, representative for Pearl Art & Craft, gave reasons for the request, including clearly identifying store entrance with the sign. Ms. Oblak explained that the variance is for the sign that would face the parking lot (since it would not face a street) and not for the sign facing South Dixie Hwy. Mr. Eisenhart closed the public hearing and convened executive session. Staff clarified sign code and sign location, and site plan of the proposed Pearl Art & Craft store. Motion: Mr. Parr made a motion to approve the request as submitted. Mr. Gutierrez seconded the motion. Vote to approve: Approved: 5 opposed: 0 Mr. Mackey closed by informing the applicant that Pearl Art & Craft is scheduled to appear before the City Commission on June 14, 1994. S EXCERPTED MINUTES FROM THE E.R.P.B. MEETING ON MAY 3, 1994 2. EB -93 -226 REMODELING & SIGNAGE (Commercial) - PRELIMINARY Applicant: PEARL Arts & Craft Address: 6448 S. Dixie Hwy. Note: Preliminary approval by ERPB, 12/21/93, with suggestions. This application incorporates the previously suggested, as well as other changes, including a new freestanding sign design (S. Dixie Hwy. side). Ms. Pat Oblak and Mr. Luis Romundo signed in as representatives. The Board examined the drawings. The Board and Ms. Oblak discussed updated drawings which are based on prior ERPB suggestions. Mr. Hochstim suggested that a darker tone, perhaps medium gray, be used inside the arches and below the windows. The Board and representatives further discussed earlier ERPB suggestions, as listed on the appendix (attached to agenda). In reference to mural vs. signage requirements, the Board and representatives discussed viable alternatives involving temporary signage, until a mural can be verified and approved. Mr. Kobola explained that signs are not allowed on facades that do not face the street, such as those on a facade facing a parking lot between two streets. Mr. Kobola further explained that signage vs. facade treatment would have to be clarified and approved by Building'& Zoning Department. He suggested that application can be made with the Department as first step for variance approval of signage. Motion: Mr. Hochstim moved approval, as a preliminary submission, with the following suggestions: 1) That the inside of the arches and space below the windows, and below the awnings, be treated with a medium gray, slightly darker than the facade and slightly lighter than the trim; 2) That a color band(s) be included around the parts of the building facing the parking lot and SW 80 Street, and said color band(s) be submitted to ERPB for approval; 3 ) That the sign facing the parking lot, realizing that it does not comply with signage code /ordinance, be allowed subject to variance approval; ERPB further suggests that this sign would be beneficial to the City by providing for public orientation, thereby enhancing the environment of the immediate area. Ms. Wolfsohn seconded the motion, adding that the sign and entrance are very important in that they provide convenient access to the visiting public. Vote: Approved: 3 Opposed: 0 S CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Date: May 26, 1994 Director of Building, Zoning & Community Development Dept From: Bill Mackey Re: Item # 3: PB -94 -009 Planner Pearl Sign Variance Please, review the following staff report to be presented to the Planning Board for their Meeting on May 31, 1994. 1. REQUEST Variance from Section 20 -4.3 (1)(12) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. 2. BACKGROUND Pearl Artist & Craft Supply Corporation is remodeling a facility in South Miami to accomodate a new store location. The applicant desires to locate signage above the public entrance to the facility. This entrance is located on the western side of the building which does not face the street. 3. ANALYSIS Although the lot is unusually configured it does meet the dimensional requirements of the Land Development Code; therefore, the property does not constitute a hardship running with the land. However, the applicant has raised the issue of the elderly and handicapped which may require special consideration under the new A.D.A. legislation. 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 City of South Miami Comprehensive Plan; however, this variance is not the result of any mandate by the Comprehensive Plan, nor does this variance support any goal in the Comprehensive Plan. 6. APPLICABLE LAND DEVELOPMENT CODE SECTION: 20 -4.3 (1)(12) attachments .r. ID WW Fedwel Register / Vol. 56, No. 144 / Friday, July 2& 1991 / Rules and Regulations A4.30 iigiaase A4.30 Sig ige. A4.30.1 genial. In building comp'' -maces where finding locations independently on a routine basis may be a necessity (for example. college campuses), tactile maps or prerecorded instructions can be very helpful to visually Wmpalred people. Several :saps and auditory s have been developed and tested for speci8e applications. The type of map or used must be based on the infor- mation to be communicated. which depends highly on the type of bulldinas or users. Landmarks that can easily be dlatinguiahed by visually Unpaired individuals are useful as orsematim cue& such cues Include chaMes in illuml ation level. bright colas, unique patterns. wall murals. location of special equipment or other architectural features. 0 Many people with disabilities have ltmttatlons in movement of their heads and reduced peripheral vision. 'Thus, signage positioned PCs pen IIMIIsr to the path of travd is easiest for them to notice. People can generally cW stlnMuiah WgnaQe within an angle of 30 degrees to either side of the centerlines of their faces wthout molding their heads. Aofi.30.Z '' ataotar J-& p Wdan _ The legibil- ity of printed is a f nictioan of the viewing distancev character height. the ratio of the make width to the height of the character, the contrast of color between character and bacicaround, and psiat font. The size of charac- ters must be based upon the intended viewtog dista . A semely nearsighted person may have to be much c3oser to recognize a character ot a SWen size than a person with normal visual acuity. r— Special Note: Many disabled people can move at only very-"q slow speeds. On trips over 100 feet, disabled people are apt to rest frequently, which substantially increases their trip times. In inclement weather, slow progress and resting can greatly increase a disabled person's exposure to the elements. s lower than 1:20 can sometimes provide more convenience than direct routes with maximum allowable slopes or with ramps. Location. 1. Accessibility to buildings shall be provided from rights -of -way and parking areas by means of walks, curb - cuts, or ramps to at least one entrance generally used by the public and from such entrance to elevators, if any. Such pathways shall be at least 44 inches wide and shall be devoid of stairs /steps or other abrupt change in elevation greater than 1/2 inch. 2. Accessibility in buildings shall be provided at each floor and accessible grade level, except as otherwise provided in this section. 3. Accessible routes within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones, and public streets or sidewalks to the accessible building entrance they serve. 4. Accessible routes shall connect accessible buildings, facilities, elements, and spaces that are on the same site. 5. Accessible routes shall connect accessible building or facility entrances with all accessible spaces and elements and with all accessible dwelling units within the building or facility. 6. Accessible routes shall connect accessible entrances of each accessible dwelling unit with those exterior and - interior spaces and facilities that serve the accessible dwelling unit. Width. The minimum clear width of an accessible route shall be 36 inches except at doors (see Doors - Clear Width section of this manual). If a person in a wheelchair must make a turn around an obstruction, the minimum clear width of the accessible route 4C shall be as shown in Figures 13 and 14. ACCESSIBILITY REQUIREMENTS MANUAL from DEPARTMENT OF COMMUNITY AFFAIRS, 1990. 9 Detectable Warnings at Reflecting Pools. The eLr4es of reflecting pools shall be protected by railings, walls, curbs or detectable warnings complying with Detectable Warnings - Detectable Warnings on Walking Surfaces section of this manual. standardization. Textured surfaces for detectable warnings shall be standard within a building, facility, site, or complex of buildings. Special Note: A proliferation of or a lack of standardized warnings weakens the effectiveness of such warnings. SIGNAGE (ANSI A117.1, 4.28, 1986 and Subsection 553.48(4)(0), F. S.) General. All signage that provides emergency information or general circulation directions or identifies rooms and spaces shall comply with Signage - Character Proportion, Color Contrast, and Symbols of Accessibility sections of this manual. Tactile signage shall also comply with Signage - Tactile Characters or Symbols section of this manual. '_ Special Note: Landmarks that can easily be distinguished by visually impaired individuals are useful as orientation cues. Many people with disabilities have limitations in movement of their heads and reduced peripheral vision. Thus, signage positioned perpendicular to travel is easiest for them to notice. People can generally distinguish signage within an angle of 30 degrees to either side of the centerline of their faces without moving their heads. Height. Where room names or numbers are provided, raised or recessed numbers shall be used. Such names or numbers shall, whenever possible, be located adjacent to the door on the hinge side at a height of between 54 inches and 66 inches from the floor. Character Proportion. Letters and numbers on signs shall have a width -to- height ratio between 3:5 and 1:1 and a stroke - width -to- height ratio between 1:5 and 1:10, utilizing an upper -case "X" for measurement. Color Contrast. Characters and symbols shall contrast with their background - either light characters on a dark background or dark characters on a light background. Tactile Characters or symbols. Characters, symbols, or pictographs on tactile signs shall be raised 1/32 inch minimum. Raised letters and numbers shall be sans serif uppercase characters. Raised characters or symbols shall be at least 5/8 inch high, but no higher than a nominal 2 inch. ACCESSIBILITY REQUIREMENTS MANUAL from DEPARTMENT OF COMMUNITY AFFAIRS, 1990. 58 SECTION 20 -4.3 SIGNAG (12) FLAT SIGNS with a total aggregate sign area, not to exceed fifteen (15) square feet in area for every ten (10) fleet of linear street frontage; this signage may only be located on the building face which is facing the address street; and no single sign shall exceed one hundred and fifty (150) square feet in area. Corner lots shall be permitted one (1) additional flat sign on the wall facing the side street. The area of said sign shall not exceed fifty (50) percent of the area of the permitted front flat sign. Signs may be on any building side, other than the front of the building, which faces a street or alley, but may not exceed 50% of the permitted front flat signage footage with approval of the ERPB. Direct illumination permitted. (13 ) One (1) FLAT SIGN per establishment, not to exceed thirty ( 30 ) square feet in area; said sign may only be located on the building face which is facing the address street. Corner lots shall be permitted one (1) additional flat sign on the wall facing the side street. The area of said sign shall not exceed fifty ( 50 ) percent of the permitted area of the front flat sign. Signs may be on any building side, other than the front of the building, which faces a street or alley, but may not exceed 50% of the permitted front flat signage footage with approval of the ERPB. Direct illumination permitted. (14) FLAT SIGNS with a total aggregate sign area, not to exceed fifteen (15) square feet in area for every ten (10) feet of linear storefront; signage may only be located on the building face where the main entrance to the establishment is located; no single sign shall exceed two hundred (200) square feet in area. Corner stores shall be permitted one (1) additional flat sign on each side street wall. The area of any flat sign on a side street wall shall not exceed fifty (50) percent of the area of the permitted front flat sign. Signs may be on any building side, other than the front of the building, which faces a street or alley, but may not exceed 50% of the permitted front flat signage footage with approval of the ERPB, as long as the signs do not face a residential district, excluding the Specialty Retail /Residential (SR) District. Direct illumination permitted. (15) One (1) HANGING SIGN per establishment, not to exceed one and one -half (1.5) square feet in area each. Signs shall be uniform in size and design within a single property, but may vary in lettering style and color, provided that they are compatible and coordinated with other signs for individual establishments in the same development. LDC: UPDATED JUNE 1993 1 0'7 CITY OF SOUTH MIAMI J00 City of South Miar. 6130 Sunset Drive. South Miami. Fionda 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant: B -MAR ASSOCIA Es Phone:305.•667 -8069 1Property Owner: Richard Hart Signature: Address: 3909 La2lafa Blvd. Phone Number: Coconut Grow Fl. 3+'. Represented By:patrtcia K. Oblak Organization:Pearl Art and Craft Address: 6448 S. Dixie, Hwy. Phone: 663-0156 Architect /Engineer:L3o Salomon . AIA Phone: 305. 351 -9301 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 i iLot(s) Block Subdivision PB I; Mates and Bounds: ,.1ZZ jTownship 34 Section 35 Bz-st Range 40 APPLICATION IS HEREBY MADE FOR THE FOLLOWING: 1 = Variance Special Use _ Rezoning _ Text Amendment to LDC _ Text Amendment to Comp Plan _ PUD Approval _ PUD Major Change Briefly explain application and cite specific Code sections: Permisaion toy( locate siUn over main entrance to retail store. SECTION: .20 -,, 3 SUBSECTION: C'=,`1 -1 )PAGE.1: Lol AMENDED DATE: 7193 SUBMITTED MATERIALS _ Letter of intent Statement of hardship _ Reasons for change: from owner /tenant inherent in the land list justifications i _ Proof of ownership Power of attorney _ Contract to purchase Current survey 7 copies of Site Plan 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 f iahed are true and correct to the best of the applicant's knowl s d belief. Date Applicant'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. 0MCE USE ONLY DATE FILED S- /" ACCEPTED REJECTED / DATE PB HEARING - 3 / COMUSSION 6-7 PETITION REQUIRED V/ ADVERT DEADLINE S ' 2 0 OTHER INFO PETITION ACCEPTED L. May 6, 1994 South Miami Planning Board South Miami City Commission This letter serves to inform both the South Miami Planning Board and the South Miami City Commission of Pearl Art and Craft's intent to install signage above the main entrance of our proposed retail store. We will first explain why the entrance is where it is and then why sinage is necessary over the entrance. Due to the physical configuration and the size of the building, we propose to install the entrance /exit and accompanying signage in a location central to the majority of our parking. If the entrance were located on the South Dixie Highway face, the greatest distance a customer would be asked to walk would be 378 ft., locating the entrance where we propose reduces this distance to 236 ft. After en- tering the store, if the enterance were on South Dixie, our customer is faced with a walk of 288 ft. to the back of the store, locating the entrance central to parking cuts their longest walk inside the store to 196 ft. Of course, these figures double as the customer returns to their car. By placing the entrance and its signage where we propose, it is visable from both Davis Rd. and South Dixie Hwy. Customers park as close to the entrance of a store as possible. If signage were permitted.on South Dixie Hwy. and not permitted over the main entrance, customers approaching from Davis Rd. would not know what store it was they were looking at and those customers approaching via South Dixie would park near what they assumed was the entrance, in other words, where the sign is on South Dixie - causing them a further walk or to move their car. We feel that it is a physical hardship on our customers, especially the Elderly, handicapped people, people with difficulty walking, and those sensitive to the heat. Many elderly people will be.dropped off at the front door to save them a walk, if the front entrance is not clearly identified with signage this-may be difficult not only for them but for everyone shopping at Pearl. We feel that it is unreasonable'to put our customers through these physical hardships and have proposed this variance to alleviate these conditions with the results benefitting the public, Pearl and the City of South Miami. Please support us in this. Thank You, Pearl Art and Craft Supply Co. Inc. Form A240 LIMITED POWER OF ATTORNEY (With Durable Provision) TO ALL PERSONS, be it known, that 1. of 3RVR I..h pi. AY><t 91, , Wit ANl f`c as Grantor, do hereby make and gram a limited and specific power of attorney to F &TF- Ic-1dt r- 061.A< of -: oL .;r,t rl/1 t ytrslti, r F= . "'v+l `4 and appoint and constitute said individual as my attorney -in -fact. My named anorney -in -fact shall have full power and authority to undertake, commit and perform only the following acts on my behalf to the same extent as if 1 had done so personally: all with full power of substitution and revocation in the presence: (Describe specific authority) a7,+t_t t>IrJG- +AJ,> 21'')11) /-r- IlZ1+7- r`l.?4 �Ctriii.tiW -frrC /! •Tv p ^ '�flrti tif' 1^/I j'r4f..cti �,�, fr'iCiP H-rt1'� f}•Air` {rc.t. 0 F 7 t-� r16�A%rZJfS/ /NLLUn /�(JC:_ rQKr .�)OT L /rYfr S-D Td QJ= i21rv. t rte; VRr �r4->Ut�s u LI�EN�r =� . The authority granted shall include such incidental acts as are reasonably required or necessary to carry out and perform the specific authorities and duties stated or contemplated herein. My attorney -in -fact agrees to accept this appointment subject to its terms, and agrees to act and perform in said fiduciary capacity consistent with my best interests as my attorney -in -fact deems advisable, and 1 thereupon ratify all acts so carried out. 1 agree to reimburse my attomey -in -fact all reasonable costs and expenses incurred in the fulfillment of the duties and responsibilities enumerated herein. Special durable provisions: This power of attorney shall not be affected by disability of the Grantor. This power of attorney may be revoked by the Grantor giving notice of revocation to the attomey -in -fact, provided that any party relying in good faith upon this power of attorney shall be protected unless and until said party has either a) actual or constructive notice of revocation, or b) upon recording of said revocation in the public records where the Grantor resides. Other terms: '//j /5 (/its f TgD �Ott1 C72 O F /r r7-�,Q/V�tJ Signed under seal this gr'day of Signed in the presence of: Stateof 'Flocrda County of Mrtde On S1 el � a 4 before me, appeared R I G +kA 0- rz, tt A RT personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her /their authorized eapaeity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature t t /CL- t9 i L mL. rye Affiant ,1"Known_Produccd ID NOTARY PUBLIC srAte OF PLORICA AT L4R" Type of ID MY COMMISSION SXPIUS AM 2S, 1994 (Seal) ?,0ft0 'J 1NRU rUCXLaa&"V + ASiOCLArar O GE r.epi Brea Before yon um this form read it. rill in all btente. and mate whererer Chem" ere neceaury to yoer prnrnler eanemicia. ConwR a lawyer if you doabe the !curls fnneu for your p,rpoet end use. E-Z Up.1 Fame rd IM rernhr melee no mpreeemanon or wertanry, eaprtet a InVI . with rewa n the merchaniawhry of this fare for ae rnreeded um or purpoee. I RerieM V91) M. zew iSi �4 •�l;1� 1c 1 \. ' _„I rte,, : "Ija�i p _ • � I N m II,.1n T m 1N I G) m a 11� i 17 r o x I a j\ �s D oa r� r� iI 1 I II.J s :.. D' t ; BUILDING RENVAAMONS for . PEARL MMSr a cwWr SUMP COFP. U.S.No.1 (SOUTH OIXI[ HIGHWAY) { c � I I S Ism rH Ae 0 a 0 0 0 y$ r s > in n a n 4 n m slcc a T rTq I I S 0 V O CIA y G y SURVEY NOTES: 1. REPORODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND /OR RIGHTS -OF -WAY OF RECORD. 3. ELEVATIONS SHOWN HEREON ARE BASED ON THE lc_ NATIONAL GEODETIC VERTICAL DATUM OF 1929. P v 4. BEARINGS SHOWN HEREON ARE RELATIVE TO EAH151T A OF TITLE POLICY PR0YIC1CCI BY .w CLI vwr. v�. 9 �O• 2 QI F\ 0 011 . � 1 '� �� ?. 4.4E Pt �� - 20.1•, �`) {v�l 7 '� �� ?. 4.4E Pt �� - 20.1•, �`) {v�l tio. a o. MA �Q S " I wid or ..Y1�Y w ■. /. I.Y II. UI'• P w 1 I"Yn..Ti4. w w q ArL. 71' I. w iN �• \ • b r7 'Nuns w Lw1Y .OUR Vu11 IA.I L. I.If -9 w W 1. 7w w WN. IWA/.ALL. !w F71..' te• �. • �v0 O. B4 NO 0 -" O 01\ o� ,�,• Fin. Floor EI. I 01 ; ! 1y�j a0 N I I I ' 16.11 I'll 11 120458 O 2't G G Dolea .12413 f-hr �A APP•... Wni 7N ' C •I, uHH. • �t ' Fi Fn. Fla.♦ Fin. Fl.., El. 19.48 I SAB PALN ` µ � T] '1" SABLE PALM I �� lI 1 TI 7" $ABLIT PALM Ao i TS 1" !ABLE PALM O� TS '2" SABLE PALM ll/� area ♦' -BF'' p' //• -,t- 77 .7" SABLE PALM t57"1 ^.T '2" SABLE PALM U• l 'r 1 TH SABLE PALM �.'iO �GOV � !D ^ T 1... T9 '0" SABLE PALM / V `F a .,, • y O W� S. 1'n. of Nw'14 eF t7-)II) �1 T10 '4" SABLE PALM �• • ��•� L �' ,v_ _J 846. 84.T.f4B.. IT LOi - /v ^!1 :" !ABLE PALM LBtn DESCRI PT IOM• �� -••� -��.- T11 '0" SABLC PALM T1) " SABLE PALM A POR710H OF THE SE 1/4 OF THE SW 114 OF THE Ni 1/4 IN SECTION 36. TOWNSHIP T14 SIAILE PALM 54 SOUTH. RANGE 40 EAST. DADE COUNTY. FLORIDA BEING MORE PANTICULAHLY T1! 10" SAIL. PALM DESCRIBEO AB FOLLOWS; T14 i2" SABLE PALM COMMENCIF AT THE INTERSECTION OF THE EASTERLY RIGHT- OF -W4Y LINE OF U.S. HIWIWAY BI AND THE SOUTH LINE OF THE. SE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SA 10 SECTION 36: THENCE RUN NORTH SO'S'O" EAST ALONG THE SOUIHIEASTERLY RIGHT- OF-WAY LINE OF U.S. HIGHWAY 81 FOR 416.96 FEET TO THE f3llnL W RFGINNING OF THE PARCEL OF LANG HEREINAFTER DESCRIBED; THENCE CONTINUE NORTH 50.8.0" EAST ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY II FOR 150.00 FEET: THENCE RUN SOUTH 39'52'0" EAST AT A RIGHT ANGLE 70 TIE LAST DESCRIBED COURSE FOR 195.00 FEET: THENCE RUN NORTH 50.8.0" EAST PARALLEL TO SA 10 SOUTHEASTERLY RIGHT-OF-4"Y LIME OF V.E. HIGHWAY 41 FOR 20.65 FEET: THENCE RUN SOUTH 39.19'0" EAST FOR 41.75 FEET: THENCE RUN SOUTH SW 41'0" WEST FOR 6.05 FEET: THENCE RUM SOUTH 0.8'0" 1{ST ALONG A LINE PARALLEL WITH AND 15 FEET HEST OF THE EAST LINE OF THE SAID SE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF 9EMOM 36 FOR 152.60 FEET; THENCE SOUTH 09.32.30" WEST ALONG THE NORTH R1pHT- OF-WAY LINE OF DAVIS NOAO. SA 10 LINE BEING 35 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAW SE 1/4 OF THE SW 114 OF THE NW 1/4 OF SECTION 36 FOR 252.00 FEET; THENCE RUN NORTH 00127130" WEST AT RIGHT ANGLES TO THE LAST DESCIItED COWIE FOR 23.54 FEET; THENCE RUN NORTH SO'B•0" EAST PARALLEL TO BAlO SOUTIWT[1LY RIGHT OF U.S. HIGHWAY 41 FOR 113.38 . TZ: FEET: THENCE 8141 No" 39.52'00' WEST FOR 173.00 FEET TO THE POINT Qe WE HF =tBBT CERTIFY THAT THIS 'SLEfCH OF SURVEY" OF THE MUM DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF•OUR KNOWLEDGE AND BELIEF AS SURVEYED IN THE FI M UNDER OUR DIRECTION IN Nov¢mbcr . .'''a'h . WE FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIKJH TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 21 HH-6 OF THE FLORIDA ADMINISTRATIVE CODE. THERE ARE NO ABOVE GROUND 5HCROAC&= ER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. C� PREFItRED FOR: Fliarl FOR THE FIRM BY: c.•.+1 %^ice.•,.' r. �-� AVID G. KRAUSE PROFMIONAL LAND SURVEYOR FLORIDA REGISTRATION N0, 4066 ® Qavid G KrouNAAssodota,I= Profbssfanol land Surwym 7914 Wks!toad Cavil WkW F Florida 33067 (305)344 -7994 DESCRIP71ON DATE F. B /Pb'N i SCALE I" • 40' Add 6.M. PT.T.....c. 'l/a /�A 1 — 1 fw1.. L41.1 D.M. t'EI}c1n SriTH94 J019 /VQ. -C l 0 t, Z f , 'r a x � u`! n i� s aJ 71 N 0 3 r M Z o � 7 � r h � d 4 O � s V� � I 0 7 I I � , 'o 7 I 1 =- I � f d. o : 3 ' Y Z M Z r • I 7 t � 2 D 7 4 ti v� K z " � Z r0 � w s r° 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, May 31, 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, June 14, 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 -009 Applicant: Pearl Artist & Craft Supply Corporation Request: Variance from Section 20 -4.3 (I)(12) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. Legal Description: BEGIN AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 AND THE SOUTH LINE OF THE SE 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST; THENCE NORTHEASTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY A DISTANCE OF 416.96 FEET TO A POINT OF BEGINNING; THENCE SOUTHEASTERLY AT AN ANGLE OF 90 DEGREES, 00 MINUTES, 00 SECONDS FOR A DISTANCE OF 175 FEET; THENCE NORTHEASTERLY PARALLEL TO SAID HIGHWAY FOR A DISTANCE OF 150 FEET; THENCE NORTHWESTERLY AT AN ANGLE OF 90 DEGREES, 00 MINUTES, 00 SECONDS FOR A DISTANCE OF 175 FEET TO EAST RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE SOUTHWESTERLY ALONG EAST RIGHT OF WAY LINE OF SAID HIGHWAY FOR A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN DADE COUNTY, FLORIDA; AND, ... Location: 6448 South Dixie Highway; South Miami, Florida 33143 (A commercial property located in "GR" General Retail) 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 X .1 I jI I z ,4AIUNO AeVA APPLICANT: PePAL ARTIST + CKAFT OWNER: B -HAe ASSSOCl/ffFS MAP REFERENCE: COMMENTS: T CITY ow= 50UT4 AIAM1. *-- PLANNING. DOARD IYI � 4 L e 2 � v � h compass Scale A.�' ^�'�( Date rt rl-��• Drn..Chk/.1,np. . Hearing No.V.Y.! . CITY OF SOUTH MIAMI ZONING PETITION Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor: South Miami, Florida 33143 Phone: ( 305 ) 663-6325; Fax #: ( 305 ) 666 -4591 PB -94 -009 Applicant: Pearl Artist & Craft Supply Corporation Request: Variance from Section 20 -4.3 (1)(12) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. Location: 6448 South Dixie Highway; South Miami, Florida 33143 (A commercial property located in "GR" General Retail) 8 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): MOM Zoning Petition Page 1 of 1 To: From: G CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Mayor & City Commission illia� F mp ft, City Mana & Back ogr und: Date: June 8 1994 6/14/94 Commission Agenda Re: Item # 6, Resolution regarding a landscaping exemption for Pearl Artist & Craft Supply Corporation, 6448 S. Dixie Hwy The site plan for development of the Pearl Artist & Craft Supply Corporation property at 6448 South Dixie Highway does not meet the Land Development Code, Section 20 -4.5, Landscaping Requirements, (13)(1)(a), because landscaped buffers contiguous to the neighboring Sound Warehouse property are narrower than required. The application was submitted for ERPB preliminary approval on December 21, 1993, and approved with a recommendation that the landscape strip adjacent to Sound Warehouse be increased from 2.5 feet to a width sufficient to allow landscaping including such trees as palms which would grow in that environment. The subsequent submissions included plan(s) which followed this and other ERPB suggestions and recommendations. Recommendation: I. Advantage tom: Reduction of the existing nonconformity by the provision of additional parking and landscaping as well as the decrease in the building volume. 2. Disadvantages to City: None. 3. Staff recommends approval of the exemption. 4. This exemption is pursuant to 20 -4.5 (C) of the adopted Land Development Code, and is consistent with the Comprehensive Plan. 5. The Environmental Review and Preservation Board voted 3:0 to recommend preliminary approval of the plan(s) on December 21, 1993, and on May 3, 1994. 6. The Building, Zoning and Community Development Director, due to the lack of quorum for the ERPB June 7, 1994 meeting, reviewed the final application and approved it. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR AN EXEMPTION FROM SECTION 20 -4.5 (13)(1)(a) OF THE LAND DEVELOPMENT CODE TO PERMIT NARROWER LANDSCAPED BUFFERS THAN REQUIRED, PURSUANT TO SECTION 20- 4.5(C) "EXEMPTIONS ", ON THE PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, Pat Oblak of Pearl Artist & Craft Supply Corporation has applied on behalf of Pearl Artist & Craft Supply Corporation and R. Hart of B -Mar Associates, property owner, for an exemption from Section 20 -4.5 (B)(1)(a), to allow narrower landscaped buffers; and, WHEREAS, the property is located at 6448 South Dixie Highway, South Miami, Florida, 33143, and is legally described as follows: A portion of the SE '/a of the SW '/a of the NW '/ in Section 36, Township 54 South, Range 40 East, Dade County, Florida being more particularly described as follows: Commence at the intersection of the easterly right -of -way line of U.S. Highway #1 and the south line of the SE '/a of the SW 1/ of the NW '/a of said Section 36; thence run north 508'0" east along the southeasterly right -of -way line of U.S. Highway #1 for 416.96 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue north 50'8'0" east along said southeasterly right -of -way line of U.S. Highway #1 for 150.00 feet; thence run south 3952'0" east at a right angle to the last described course for 195.00 feet; thence run north 508'0" east parallel to said southeasterly right -of -way line of U.S. Highway #1 for 20.65 feet; thence run south 39019'0" east for 41.75 feet; thence run south 50041'0" west for 6.05 feet; thence run south 0008'0" west along a line parallel with and 15 feet west of the east line of said SE '/a of the SW '/a of the NW '/a of Section 36 for 152.80 feet; thence run south 8932'30" west along the north right -of -way line of Davis Road, said line being 35 feet north of and parallel with the south line of said SE 1/a of the SW '/a of the NW 1/a of Section 36 for 252.00 feet; thence run north 0027'30" west at right angles to the last described course for 23.54 feet; thence run north 508'0" east parallel to said southeasterly right - of -way of U.S. Highway #1 for 113.38 feet; thence run north 3952`0" west for 175.00 feet to the Point of Beginning. WHEREAS, on December 20, 1993, and on May 3, 1994, the Environmental Review & Preservation Board voted that this application be preliminarily approved (3 -0); and, c WHEREAS, the Building, Zoning & Community Development Department Director approved the application upon evaluating the application for consistency with the Land Development Code; and, WHEREAS, the Mayor and City Commission accept the recommendation of the Environmental Review & Preservation Board and of the Building, Zoning & Community Development Department Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application of Pearl Artist & Craft Supply Corporation for an exemption from Section 20 -4.5 (B)(1)(a) to permit narrower landscaped buffers along the neighboring Sound Warehouse property at the above - described commercial property is approved. Section 2. The landscaped buffer along the side property line, perpendicular to South Dixie Highway, against the rear wall of the neighboring Sound Warehouse building shall be four (4) feet wide, and the landscaped buffer along the side property line, between Sound Warehouse property and perpendicular to SW 80 Street, shall be five (5) feet wide. Section 3. Landscaping of the property shall be provided as indicated on the approved plan, sheet A -6, dated 5- 26 -94, Leo Salomon Architects & Associates, Inc., Ft. Lauderdale, Florida. A copy of the plan is on file with the BZCD Department. PASSED AND ADOPTED this 14th day of June, 1994. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 4 APPROVED: MAYOR - I - 11. . � '. - - 1.11'.. - ........ . . . Ulm From: (0 = CITY OF SOUTH MIAMI © INTER- OFFICE MEMORANDUM William F. Hampton Ci Manager 14 )a n- imms, AI CP Director of Building, Zoning & Community Development Dept Date: June 8, 1994 Re: Request for Exemption from buffer requirements at the Pearl Artist & Craft Corporation property at 6448 S. Dixie Hwy. The plans for the building, parking and landscaping of the Pearl Artist & Craft Corporation facility at 6448 S. Dixie Hwy. have been reviewed and approved by me. The lack of quorum for the ERPB meeting on June 7, 1994 precipitated my review and resultant decision in accord with Section 20 -6 (C)(4)(c) of the Land Development Code. The plans are in substantially in accord with the previous preliminary approvals by ERPB on December 21, 1993 and May 3, 1994. The submitted plans followed ERPB suggestions and recommendations, including the design of the parking area which provides landscape buffers towards the neighboring Sound Warehouse property. These landscaped buffers do not meet the width requirements of the Land Development Code, Section 20 -4.5, Landscaping Requirements, (B)(1)(a). However, considering that the existing nonconformities both for parking and building volume have been reduced by the new design, this application is recommended for approval pursuant to Section 20-4.5 Landscaping Requirements, (C) Exemptions. This Section is as follows: Where the requirements of this Section relate solely to the improvement or expansion of existing vehicular use areas or the changing or expansion of existing uses or structures and where certain requirements are considered by the Environmental Review and Preservation Board to be either impossible or impractical to comply with without removing significant portions of an existing use or structure or substantially reducing the number of required parking spaces, then exemptions from such requirements may be granted by the City Commission. The attached June 7, 1994 memorandum from Slaven Kobola explains in detail the sound reasons for this exemption which is recommended for approval by the City Commission. attachment CITY OF SOUTH MU M1 INTER - OFFICE MEMORANDUM To: Dean Minims, AICP Director of Building, Zoning & Community Development Dept From: Slaven Kobola� Planner Date: June 7, 1994 Re: Pearl Artist & Craft Supply Corporation, 6448 S. Dixie Hwy, Landscaping Exemption Pearl Artist & Craft Supply Corporation submitted plans for development of its facility at 6448 S. Dixie Hwy. for final approval after preliminary approvals by ERPB on 12/21/93 and 5/3/94. ERPB approved the preliminary submission on 12/21/93 with suggestions, including the one which stated that the landscape strip against the back wall of the Sound Warehouse be increased from 2.5 feet to a width sufficient to allow landscaping including such trees as palms which would grow in that environment. The subsequent submissions included plan(s) which followed this and other ERPB suggestions and recommendations. Notwithstanding, the final site plans show the parking area which does not meet the Land Development Code, Section 20 -4.5, Landscaping Requirements, (B)(1)(a), which states that "The perimeter of all vehicular use areas shall be landscaped with a buffer strip of not less than five (5) feet in width, except for those portions abutting structures, where the buffer shall be not less than two and one -half (2.5) feet in width." The four (4) foot wide landscape buffer towards the neighboring Sound Warehouse property is provided where not less than five (5) feet in width shall be provided, and a five (5) foot buffer is provided where six and half (6.5) feet is required. Such a reduction of buffers is caused by definite dimensional restrictions resulting from the non - movable bearing walls of the existing structure which remained after the removal of the structure formerly occupied by Waterbed City. To disallow the reduction in landscaped buffer width would cause a loss of 15 parking spaces or a reduction in required driveway width with either being to the extent of creating otherwise non - existent deficiencies with respect to Code requirements. I believe that a provision of additional parking spaces, total of 15, which otherwise meet all requirements of the Code except the widths of required buffers, is much more beneficial than full -size buffering. This is even more supportable considering that the proposed buffers include trees and plantings as required by the Code. Considering the specifics of this case, staff suggests that this application be addressed according to Section 20-4.5 Landscaping Requirements, (C) Exemptions, which states: "Where the requirements of this Section relate solely to the improvement or expansion of existing vehicular use areas or the changing or expansion of existing uses or structures and where certain requirements are considered by the Environmental Review and Preservation Board to be either impossible or impractical to comply with without removing significant portions of an existing use or structure or substantially reducing the number of required parking spaces, then exemptions from such requirements may be granted by the City Commission." Environmental Review & Preservation Board June 7, 1994 - 9:00 a.m. Cancelled - no quorum. Review by Dean Mimms, BZCD Director EB -94 -042 SIGN (Commercial) Stanley Wieder 6115 South Dixie Highway Detached box sign, 51x7', painted black, grey and burgundy, to be mounted on the existing pole. The existing pole, approx. 13' from the front property line, will be cut to 7' to allow sign to be installed. APPROVED BY BZCD DIRECTOR Conditions: none * * * * * * * * ** EB -94 -043 NEW SINGLE FAMILY RESIDENCE Maria & Nelson Castellanos 5625 SW 60 Avenue Residence, one story, 3 bedroom, 2 -car garage. APPROVED BY BZCD DIRECTOR Conditions: none EB -94 -044 EXTERIOR RENOVATION - PAINTING (HOSPITAL PUD) South Miami Hospital 6200 SW 74 Street Repaint the existing buildings and accents to peach, cream and light blue to match the remainder of buildings already painted under the new color scheme. APPROVED BY BZCD DIRECTOR Conditions: none * * * * * * * * ** EB -94 -040 NEW SINGLE FAMILY RESIDENCE 3B Investment & Development Corp. 8450 Red Road Preliminary approval by BZCD Director, 5/17/94. Driveways have to be approved by Dade County Public Works. Drawings for the fence not submitted. Pool and deck (rear yard) not a part of this proposal. APPROVED BY BZCD DIRECTOR Conditions: none 4 EB -93 -226 REMODELING & SIGNAGE (Commercial) PEARL Arts & Craft 6448 S. Dixie Hwy. Remodelling, including a demolition of the building formerly occupied by Waterbed City and redesign of parking, including the addition of parking area in place of the building which is to be demolished. Preliminary approval by ERPB, 12/21/93 with suggestions: (1) that the landscape strip against the back wall of the Sound Warehouse be increased to 4' width with landscaping including such trees as palms which would grow in that environment; (2 ) that the front facade of the building facing the highway be re- studied to include windows centered on the spaces between the applied pilasters; (3) the door be concealed but retained; (4) that the facade facing the parking lot and the Sound Warehouse where the main entrance is located be re- studied to include a canopy for protection of the public and also an architectural emphasis on the entrance with the return around the corner of the treatment of the pilasters and spaces between the pilasters to include some type of showcase displays; (5) that the signage on the building be studied in regards to using channel letters and that the free - standing sign be relocated and resized in accordance with the Code and the new sign copy be presented; (6) that the facade facing 80th Street be allowed to have a mural subject to verification of the mural vs. signage requirements; (7) that the swale in front of the building be allowed to be planted with an agreement between the City and the owners for planting material. Preliminary approval by ERPB, 5/3/94 with suggestions: 1) That the inside of the arches and space below the windows, and below the awnings, be treated with a medium gray, slightly darker than the facade and slightly lighter than the trim; 2) That a color band(s) be included around the parts of the building facing the parking lot and SW 80 Street, and said color band(s) be submitted to ERPB for approval; 3) That the sign facing the parking lot, realizing that it does not comply with signage code /ordinance, be allowed subject to variance approval. APPROVED BY BZCD DIRECTOR Conditions: none * * * * * * * * ** EB -94 -008 FENCE (Residential) Enrique & Carla Neufeld 6851 Sunset Drive Front fence, 6' high: 4' CBS wall with decorative ironwork on top; two 10' gates, approved by ERPB, 1/18/94, with condition "that the color of the fence and details of the wall such as tiles; wrought iron; light fixtures be brought back to the Board at the time when they are ready to be done." This application relates to the above conditions. APPROVED BY BZCD DIRECTOR Conditions: none 4 M Z N U T' E S Environmental Review & Preservation Board May 3, 1994 - 9:00 a.m. I. CALL TO ORDER. II. ROLL CALL. PRESENT ABSENT S. Wilson J. Shaw S. Wolfsohn J. Hochstim Also present: S. Kobola, Planner; D. Struder, Board Secretary. III. REQUESTS FOR APPROVAL: 1. EB -94 -034 EXTERIOR RENOVATION (Commercial) Applicant: CITGO / Ramon Antonio Perez / Alamo Petroleum Contractors Address: 6180 SW 72 Street Note: New canopy, new paint ( CITGO beige), dispenser islands, and conversion of car service bays into sales area. Denied by ERPB, 4/5/94, due to "incompatibility of canopy with remodeling of existing building; existing building has serious flaws in it regarding changes, specifically, placement of windows, removal of brick, removal of windows, and lack of articulation with facade." This is a new application. Mr. Ramon A. Perez and Mr. Alfred Newman signed in as representatives. The Board examined the drawings. Mr. Hochstim reiterated the Board's 4/5/94 decision, that either a modern look be achieved or a traditional structure be retained. He commented that the gabled roof had been eliminated from the drawings, and a flat parapet is now planned. Mr. Hochstim indicated that it would be necessary to show roof and wall connection in drawings, which current plans do not include, particularly if gabled roof is to be eliminated. Also, Mr. Hochstim indicated that a drainage system is not shown in current drawings. Therefore, preliminary consideration may only be granted at this time. Motion: Mr. Hochstim moved approval on a preliminary basis, with submission of drawings showing further details, i.e., how canopy is achieved, how existing roof is concealed, to be forthcoming. 1 4 Ms. Wolf sohn seconded the motion, noting that the traditional structure would have been worthv of Dreservina. Vote: Approved: 3 Opposed: 0 Upon discussion and clarification with Mr. Kobola, Mr. Hochstim retracted earlier motion to allow for expeditious approval of the project. Second Motion: Mr. Hochstim moved approval on a final basis, subject to submission of architectural and engineering details of section showing roof concealment. Ms. Wolf sohn seconded this motion, again noting that traditional structure may have been worthy of saving. Vote: Approved: 3 Opposed: 0 Also, Mr. Kobola suggested that final submission clearly indicate color pattern of the facade. 2. EB -93 -226 REMODELING & SIGNAGE (Commercial) - PRELIMINARY Applicant: PEARL Arts & Craft Address: 6448 S. Dixie Hwy. Note: Preliminary approval by ERPB, 12/21/93, with suggestions. This application incorporates the previously suggested, as well as other changes, including a new freestanding sign design (S. Dixie Hwy. side). Ms. Pat Oblak and Mr. Luis Romundo signed in as representatives. The Board examined the drawings. The Board and Ms. Oblak discussed updated drawings which are based on prior ERPB suggestions. Mr. Hochstim suggested that a darker tone, perhaps medium gray, be used inside the arches and below the windows. The Board and representatives further discussed earlier ERPB suggestions, as listed on the appendix (attached to agenda). In reference to mural vs. signage requirements, the Board and representatives discussed viable alternatives involving temporary signage, until a mural can be verified and approved. Mr. Kobola explained that signs are not allowed on facades that do not face t )ie street, such as those on a facade facing a parking lot between two streets. Mr. Kobola further explained that signage vs. facade treatment would have to be clarified and approved by Building & Zoning Department. He suggested that application can be made with the Department as first step for variance approval of signage. Motion: Mr. Hochstim moved approval, as a preliminary submission, with the following suggestions: 1) That the inside of the arches and space below the windows, and below the awnings, be treated with a medium gray, slightly darker 2 6 than the facade and slightly lighter than the trim; 2) That a color band(s) be included around the parts of the building facing the parking lot and SW 80 Street, and said color band(s) be submitted to ERPB for approval; 3 ) That the sign facing the parking lot, realizing that it does not comply with signage code /ordinance, be allowed subject to variance approval; ERPB further suggests that this sign would be beneficial to the City by providing for public orientation, thereby enhancing the environment of the immediate area. Ms. Wolfsohn seconded the motion, adding that the sign and entrance are very important in that they provide convenient access to the visiting public. Vote: Approved: 3 Opposed: 0 IV. APPROVAL OF THE MINUTES OF APRIL 19, 1994. Mr. Hochstim moved approval of the Minutes of April 19, 1994. Ms. Wilson seconded the motion. Vote: Approved: 3 Opposed:'0 V. REMARKS. VI. ADJOURNMENT. Chairperson 6 Secretary 3 Carlos Betencourt signed in. Following discussion, Mr. Jesmer moved to approve the application, motion seconded by Ms. Wolfsohn. Vote: (V Approved: 3 Opposed: 0 4. EB -93 -225 PAINTING (Commercial) Applicant: Selma Sorkin Address: 5950 SW 74 Street. Note: Change of colors: pink, grey trim, white balconies. Someone from the painting contractor signed in representing the applicant without identifying himself on the sign -in sheet. The Board examined the proposal, following which, Ms. Wolfsohn moved for approval, seconded by Mr. Hochstim. Vote: Approved: 2 Opposed: 1 ( Jesmer) Ms. Wolfsohn added to her motion that the Board is concerned about the paint adhering to the mansard roof. 5. EB -93 -226 REMODELING & SIGNAGE (Commercial) - PRELIMINARY Applicant: PEARL Arts & Craft Address: 6448 S. Dixie Hwy. Leo Solomon signed in representing the applicant. The Board reviewed the proposal at length, following which Mr. Hochstim moved for preliminary approval with the following suggestions for the final presentation; (1) that the landscape strip against the back wall of the Sound Warehouse be increased to 41 width with landscaping including such trees as palms which would grow in that environment; (2) that the front facade of the building facing the highway be re- studied to include windows centered on the spaces between the applied pilasters; (3) the door be concealed but retained; (4) that the facade facing the parking lot and the Sound Warehouse where the main entrance is located be re- studied to include a canopy for protection of the public and also an architectural emphasis on the entrance with the return around the corner of the treatment of the pilasters and spaces between the pilasters to include some type of showcase displays; (5) that the signage on the building be studied in regards to using channel letters and that the free - standing sign be relocated and resized in accordance with the Code and the new sign copy be presented; (6) and the facade facing 80th Street be allowed to have a mural subject to verification of the mural vs. signage requirements; (7) that the swale in front of the building be allowed to be planted ERPB Minutes 2 12/21/93 with an agreement between the City and the owners for planting material. Motion seconded by Ms. Wolfsohn. Vote: Approved: 3 Opposed: 0 6. EB -93 -227 NEW S.F. RESIDENCE Applicant: Dorothy Rogers Address: 5943 SW 62 Street Note: Features the Master Model proposed by United Methodist Church for the reconstruction of demolished homes as a result of Hurricane Andrew. According to applicant, approved by Metro -Dade to be used on an infill basis. Jerome Gafkovitch, architect, signed in representing the United Methodist Church explaining that the church has a Miami District Disaster Response, made up of volunteers, resulting from Hurricane Andrew. This is a project of this organization. Mr. Jesmer made a motion the approve the application. Motion seconded by Mr. Hochstim. Vote: Approved: 3 Opposed: 0 7. EB -93 -197 SIGNAGE (Commercial) Applicant: Jorge Aguero Address: 5804 SW 40 Street (Bird Road) Note: Change of two of three signs approved by ERPB, 11 -2 -93. There was no representative present. Motion to approve made by Mr. Jesmer. Motion seconded by Mr. Hochstim. Vote: 8. Approved: 3 Opposed: 0 EB -93 -228 EXTERIOR RENOVATION (Residential) Applicant: Roberto Ferrer Address: 6841 SW 78 Terrace Note: Plastering the wooden house. There was no representative present. Mr. Hochstim moved to defer this application because of lack of information. Motion seconded by Ms. Wolfsohn. Vote: ERPB Minutes Approved: 3 3 Opposed: 0 12/21/93 To: From: 7 r - C = TY O F SOUTH M =AM= INTER - OFFICE MEMORANDUM Mayor and City Commission William F. Eton City Manager Backaround: Date: June 10, 1994 Agenda Item 17 Re: Comm. Mtg. 6/14/94 Donation of Surplus Police Equipment to Miami -Dade School of Justice. The Miami -Dade School of Justice provides local Police Departments both in- service and recruit training. This past year the Police Department upgraded the light bars carried on the roof top of marked police cars. As a result, the surplus bars have been offered at second -hand prices to other police departments throughout Florida. The School of Justice has requested that we donate one surplus light for training purposes. Recomnendation : 1- Advantage to City: - By this donation the City will be assisting the agency that trains our Police Officers. 2- Disadvantages to City: None 3- The City Manager recommends approval of the Resolution. 4- This Resolution is required when donating surplus equipment. WFH:er Attachment RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO DONATE ONE OF NINE OVERHEAD STREETHAWK BRAND POLICE VEHICLE LIGHT BAR TO MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION. NINE OVERHEAD STREETHAWKS LIGHT BARS ARE CURRENTLY IN SURPLUS STORAGE AND ARE ADVERTISED FOR SALE IN THE FLORIDA POLICE CHIEF'S MAGAZINE FOR $150 PER UNIT. WHEREAS, the Police Department changed to a different style of streethawk light bars for Police vehicles; and WHEREAS, the Police Department's has for sale, nine streethawk light bars that are approximately four years old; and WHEREAS, Miami Dade Community College's School of Justice and Safety Administration has requested the City of South Miami to donate one of the nine streethawk that the Police Department has advertised for sale. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the Mayor and City Commission of the City of South Miami do hereby endorse and authorize the City Administration to donate one streethawk light bar to Miami Dade Community College's School of Justice and Safety Administration, for the 7 process of upgrading its fleet of vehicles used for both basic and in- service training. PASSED AND ADOPTED this ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 7 day of June, 1994 APPROVED: Neil Carver Mayor -cltuu1'A 111a1ce ;md x,Acn Adntnw- tration "71icc Mld (:urrccu n)� fraitun> In�tlnuc. 1380 tllanu. I'l. �? Ih -•i IVY Miami -Dade COMMUNITY COLLEGE North Campus Chief Perry Turner South Miami Police Dept. 6130 Sunset Drive South Miami, FL 33143 Dear Chief Turner: April 14, 1994 In reading the latest edition of the Florida Police Chief's Magazine, I noticed that the South Miami Police Dept. was advertising to sell STREETHAWK light bars. The School of Justice and Safety Administration is in the process of upgrading its fleet of vehicles used for both Basic and In- Service training. We are presently in need of light bars for our vehicles. If you and the City of South Miami could see fit to donate at least one "STREETHAWK ", it would be a significant assist to our program. I hope you will be able to give this request positive consideration, and I look forward to hearing from you. Sincerely, James D. Stinchcomb Director KG:im n t cc: Capt. Greg Feldman South Miami Police Dept. 4.009 q� FOR SALE THE CITY OF SOUTH MIAMI POLICE DEPARTMENT IS OffERINGa tT: Vine STREETHAwK light bars, red leCent right, s h takedown, all and rear alternating light'. ly csigned for speaker (not included). D our yearsoo d. all =ar old,- light bars are app ency's change were tunctionaL at time of removal due to ag , to different stvle STREETHA�v 'light bar. 1YHERE:Lfay3 lSutuepDri from t ve, South Miarni FL t 63 -6315. 331.13.1 Department, til NvHo.. Contact Captain Greg Feldman, (305) 6 for information. PRICE:5150 per unit. April 1994 • T TO: Mayor and Cit City of South Miami INTER — OFFICE MEMORANDUM ssion DATE: June 10, 1994 Agenda Item #8 FROM' �TnTilliam F7Ha SUBJECT: g ton Comm. Mt g. 6/14/94 City Manager Program /TEC Contract Second -Year Funding Title II -C (17 -21 yrs.) BACKGROUND; The attached Resolution will authorize Administration to execute a Title II -C Contract in the amount of $90,000 with the Training and Employment Council for continued funding of the Career Counseling Program. At no cost to the City, this submission will continue funding of staff, facilities, and equipment necessary for program operations. This Contract adds a second Case Manager, to the present configuration. This staffing will allow the Program to maintain the quality service underway and increase the number of participants to be served. The proposal would provide funding for one -year beginning July 1, 1994 through June 30, 1995. Primary objectives of the project are: 1 - To assist in developing skills necessary for successful entry into the job market. 2 - To facilitate job placement. 3 - To assist those willing to further their education. 4 - To provide peer support groups. 5 - To elicit private sector support in the form of volunteers, job opportunities, and related equipment. 6 - First year statistics: - 39 enrolled - 71 Total recruitment contacts 0 RECOMMENDATION: 1 - Advantage to City: Will allow the Program to continue its endeavor by providing full staffing and services to maintain the scope and impact. Funding of this proposal will allow continued recruitment, counseling, and case management services with appropriate staff and facilities. The Program will permit the City to continue to seek -out the unemployed and under - employed for job training and placement. 2 - Disadvantage to City: None 3 - Staff recommends approval 4 - This Resolution is required by Dade County in order for the Federal funds to be awarded. WFH:ec Attachment 8 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT UNDER TITLE II -C WITH SOUTH FLORIDA TRAINING AND EMPLOYMENT COUNCIL IN THE AMOUNT OF $90,000 TO RECRUIT AND CASE MANAGE 30 YOUTH (17 YEARS TO 21 YEARS OF AGE) BEGINNING JULY 1, 1994 THROUGH JUNE 30, 1995 FOR THE CITY'S CAREER COUNSELLING PROGRAM. WHEREAS, the Federal Government has a program available for Federal funds to urban areas for job training programs, which grants dovetail with the aforesaid Career Counseling Program, entirely funded from Federal funds; and WHEREAS, the City Administration now requests the approval of the City Commission to execute a contract for additional budget and staffing for its Career Counseling Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission of the City of South Miami do hereby endorse and authorize the City Administration to execute a contract under Title II -C to be submitted to the South Florida Training and Employment Council for application for Federal job training funds in the total of $90,000 pursuant to the attached Contract. b PASSED AND ADOPTED this day of June, 1994. ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney i APPROVED: Neil Carver, Mayor a Addmbb AM C 1 TY O F S OUTH M= AM= © INTER- OFFICE MEMORANDUM To: Mayor and City Commissi From: William F: Hapton .' P City Manager' G� Background: Date: June 10, 1994 Re: Item #9 Commission Agenda - 6/14/94 Career Counseling Program /TEC Contract- Second Year Funding Title II -A (22 years +) The attached Resolution will authorize Administration to execute a Title II -A Contract in the amount of $63,000 with the Training and Employment Council for continued funding of the Career Counseling Program. At no cost to the City, this submission will continue funding of staff, facilities, and equipment necessary for program operations. This contract adds a second Case Manager, to the present configuration. This staffing will allow the program to maintain the quality service underway and increase the number of participants to be served. The proposal would provide funding for one year beginning July 1, 1994 through June 30, 1995. Primary objectives of the protect are: 1- To assist in developing skills necessary for successful entry into the job market. 2- To facilitate job placement. 3- To assist those willing to further their education. 4- To provide peer support groups. 5- To elicit private sector support in the form of volunteers, job opportunities, and related equipment. 6- First year statistics: - 38 enrolled - Total recruitment contacts 96. Recommendation: 1. Advantage to City: Will allow the Program to continue its endeavor by providing full staffing and services to maintain the scope and impact. Funding of this proposal will allow continued recruitment, counseling, and case management services with appropriate staff and facilities. The program will permit the City to continue to seek -out the unemployed and under - employed for job training and placement. 2- Disadvantages to city: None 3- Staff recommends approval. 4- This resolution is required by Dade County in order for the Federal funds to be awarded. WFH:er Attachment I2:,ns.pran A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT UNDER TITLE II -A WITH SOUTH FLORIDA TRAINING AND EMPLOYMENT COUNCIL IN THE AMOUNT OF $63,000 TO RECRUIT AND CASE MANAGE 21 ADULTS (22 YEARS OF AGE AND OLDER) BEGINNING July 1, 1994 THROUGH JUNE 30, 1995 FOR THE CITY'S CAREER COUNSELLING PROGRAM. WHEREAS, the Federal Government has a program available for Federal funds to urban areas for job training programs, which grants dovetail with the aforesaid Career Counseling Program, entirely funded from Federal funds; and WHEREAS, the City Administration now requests the approval of the City Commission to execute a contract for additional budget and staffing for its Career Counseling Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission of the City of South Miami do hereby endorse and authorize the City Administration to execute a contract under Title II -A to be submitted to the South Florida Training and Employment Council for application for Federal job training funds in the total of $63,000 pursuant to the attached Contract. 7 PASSED AND ADOPTED this day of June, 1994. ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney APPROVED: Neil Carver, Mayor City of South Miami INTER — OFFICE MEMORANDUM TO: Mayor and City Commission DATE: June 10, 1994 Agenda Item #10 FROM: W11 is Hampton SUBJECT; Comm. Mtg. 6/14/94 City Manager Trust of Dorn House Trust Fund to the Dade Heritage Trust BACKGROUND; The principals that requested to move the Dorn House from the Unincorporated area of Dade County to the City of South Miami have withdrawn their request. To date public donations for the purpose of moving the House to South Miami have been received in the amount of $19,140.05 and have been placed in the City's bank account named "The Dorn House Trust Fund." The City has been informed by Dade Heritage Trust that they have undertaken the Dorn House Project and is willing to accept responsibility for the Trust Fund. RECOMMENDATION: 1 - Advantage to City: The Trust funds will be transferred to the non - profit Dade Heritage Trust so that that Agency can pursue the project. 2 - Disadvantage to City: None 3 - The City Manager recommends approval of this Resolution. 4 - This Resolution is required before funds may be transferred to another Agency. WFH:ec Attachment J RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COM aSSION OF THE CITY OF SOUTH MIAMI, -FLORIDA PROVIDING FOR TRANSFER OF THE DORN 110U TRUST -FUND TO THE DADS RMTaGE TRUST. WHEREAS, the South Miami City Commission created the Dorn House Trust by Resolution No. 120 -93 -9358 to accept public and private donations for the moving, renovating and refurbishing the Dorn House; and, WHEREAS, the trust account, maintained at Barnett Bank (account no. 1596185047), and identified as city general ledger account no. 09 -1100 -9970, has a present balance of $ 19,140.05 (as of May 31, 1994) ; and, WHEREAS, the Dade Heritage Trust desires to undertake the Dorn House project and to assume responsibility for the trust funds; and, WHEREAS, it is agreeable to the South Xiami City Commission to transfer the trust funds to.the Dade Heritage Trust. Now, THEREFORE, BE IT RESOLVED. BY THE -MAYOR AND CITY COMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: section 1. The Finance Director is authorized and directed (1) to transfer the funds in account no. 1596185047 to a trust account established by the Dade. Heritage Trust within 3 business days-of the- approval .of this- resolution; (2) to close: Barnett Bank account no. 1596185047; and, (3) to close city general ledger account no. 09 -1100 -9970. Section 2. Resolution No. 120 -93-9358 is rescinded. PASSED AND .ADOPTED this day of June, 1994 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: MAYOR C = TY O F SOUTH M =AM= INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Willia F. mpton City Manag7/ /,Z Background: Date: June 10, 1994 Agenda Item 112 Re: Comm. Mtg. 6/14/94 Total Quality Management Principles Total Quality Management is a management concept in which decision making involves all employees. The participation process was developed in the United States and exported to Japan after World War II. The concept is now returning to the United States. While the above description is simplistic, I believe it is important to expose our Department Heads and their employees to new management innovations. Recommendation: 1- Advantage to City: - The City Manager, Department Heads, and employees will be expose to new management innovations that can improve how we do our jobs and relate to one another and the public. 2- Disadvantages to City: None 3- This Resolution is sponsored by commissioner Cooper. 4- This Resolution is not in conflict with any other City Ordinances or Resolutions. WFH:er Attachment a fttomkgt ` � r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR ADOPTION AND IMPLEMENTING TOTAL QUALITY MANAGEMENT PRINCIPLES (TQM). WHEREAS, the City of South Miami Commission recognizes the professionalism of its City officials and employees and their dedication to providing quality services to the public; and WHEREAS, the South Miami City Commission is dedicated to encouraging individual professionalism and enhancing the quality of government services; and WHEREAS, Total Quality Management is a system of concepts, principles, and practices that is designed to promote and enhance the values of professionalism and service; and WHEREAS, City's Administration Department Heads attended a Total Management Quality seminar and they continue to evaluate the application of TQM principles to municipal administration; and WHEREAS, the South Miami City Commission supports the further evaluation and application TQM principles to municipal administration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: /Z SECTION 1. That the City Manager is hereby authorized to submit a plan for employee TQM training no later than August 1, 1994. SECTION 2. The City Manager will submit a TQM training budget for fiscal year 1993 -94 no later than August 1, 1994. The budget will not exceed $15,000. SECTION 3: The City Manager will request a TQM training budget in the 1994 -95 Proposed Budget. PASSED AND ADOPTED this day of June, 1994 APPROVED: ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney / 0�) Neil Carver Mayor I . t. v APPLICATION TO BE HEARD REGULAR CITY COMMISSION MEETING NameiSIG�,�/ Date: Address: JO/ /,~61tr-C Lt. Telephone number during business hours: 31,01- 61'/ 6 State reason for which you want to be heard:��+��iY i Address of property: �n+�XG3 VINCENT F. TUNILIN ASSOCIATI: RETAIL PROPERTIES BROKERAGE SERVICES 801 BRICKELL AVENUE SUITE 1601 MIAMI. FL 33131.3900 305 381 -6466 305 381 -6362 FAN FICB COMMERCIAL CB COMMERCIAL. REAL ESTATE GROUP. INC. BROKERAGE AND MANAGEMENT LICENSED REAL ESTATE BROKER local Perspective Worldwide Mayor: Vice Mayor: v Neil Carver R. Paul Young Commissioner: Commissioner: Commissioner: 6k)-Zlk Ann B. Bass Thomas Todd Cooper Tom Cunningham CITY COMNIISSION AGENDA Regular City Commission Meeting Meeting date: June 14, 1994 6130 Sunset Drive, So. Miami, FL Next Meeting date: July 19, 1994 Phone: (305) 663 -6340 PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Opening B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - June 7, 1994 2) City Manger'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 Subsection 4 -2 (A), of the Code of Ordinances, providing distance requirements pertaining to the manufacture, sale and distribution of alcoholic beverages, to eliminate the 500' distance requirement between nightclubs, bars and lunges and the 300' distance requirement between restaurants in retail and commercial zoning districts of the City of South Miami; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) 4/5 RESOLUTIONS FOR PUBLIC HEARING 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a request for a variance pursuant to Section 20 -4.3 (I) (12) of the Land Development Code to permit a flat sign which does not face the address street on property located in the "GR" General Retail Zoning District, and specifically located at 6448 South Dixie Highway, South Miami, Florida 33143 and providing a legal description. (PB /Administration) 4/5 RESOLUTIONS �OM41-ssei?on4o-f9thev6Cii�ty�of 6. A Resolution of the Mayor and City Y Y South Miami, Florida granting a request for an exemption from Section 20 -4.5 .(B)(1)(a) of the Land Development Code to permit narrower landscaped buffers than required, pursuant to Section 20- 4.5(C) "Exemptions ", on the property located at 6448 South Dixie Highway, South Miami, Florida, 33143 and providing a legal description. (BZ /Administration) 3/5 �46 t 7. A Resolution of the Mayor and City Commission of th eCi y of South Miami, Florida, authorizing the Police Department to donate one of nine overhead Streethawk brand police vehicle light bar to Miami Dade Community College School of Justice and Safety Administration. Nine Overhead Streethawks light bars are currently in surplus storage and are advertised for sale in the Florida Police Chief's Magazine for $150 per unit. (PD /Administration) 3/5 3� 14, 1994 PAGE 2 l.C� rn )1 ' 9 �n V 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to execute a contract under Title II -C with South Florida Training and Employment Council in the amount of $90,000 to recruit and case manage 30 youth (17 years to 21 years of age) beginning July 1, 1994 through June 30, 1995 for the City's Career Counselling Program. o—�4 -- (Ad ministration) 3/5 9 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to execute a contract under Title II -A with South Florida Training and Employment Council in the amount of $63,000 to recruit and case manage 21 adults (22 years of age and older) beginning July 1, 1994 through June 30, 1995 for the City's Career Counselling Program. (Administration) 10. A Resolution of the Mayor and the City Commission of South Miami, Florida providing for transfer House Trust Fund to the Dade Heritage Trust. (Administration) 11. A Resolution of the Mayor of South Miami, Florida, 3/5 /' , of the City of the Dorn 3/5 "1 410 and the City Commission of the City providing for creating a Tree Bank (Commissioner Cooper) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami., Florida, providing for adoption and Implementing Total Quality Management Principles (TQM) (Commissioner Cooper) 3/5 REMARKS Vincent F. Tumlin - re: uses 6228 South Dixie Highway. AN :. ,sso Pie vA, , DEFERRED /TABLE An Ordinance of the Mayor and City Commission the City of South Miami, Florida, repealing Article II, Sections 19A -31 through 19A -52, of the Code of Ordinances, providing for the Regulation of Tree Removal; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor Carver) (3) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $171.00 representing fees incurred for legal services by Stein & Warfman, P.A., Heritage and Potamkin vs. Dade Restraint Order on demolition representing costs by Dade County and charging the disbursements to "Dorn House - Expenses." regarding the case of Dade County seeking a Court of Dorn House $876.00 in connection to this case Account No. 09- 1100 -9970; (Mayor Carver) (3) 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $942.50 for Signage and Graphic Services by Tom Graboski Associates, Inc., for Photographic reprinting of newspaper article by South Miami Blueprint, Inc. and charging the disbursements to Account No. 0.9- 1100 -9980; "Dorn Avenue Trust Fund Expenses." (City Attorney Gallop) (3) 3/5 J� y - -14 , 1994 PAGE 4 - - -- - - -- - - - - - - -- ---- -_. -_. .. -. -.,. - -- .. - - - i CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor & Ci errmrission From: William F. ton City Manager Background: Date: June 6, 1994 6/14/94 Commission Agenda Re: Item # 4 : Removal of the Distance Requirements Between Establishments Which Serve Alcoholic Beverages The current distance requirements between establishments that serve alcoholic beverages preclude any new establishment from obtaining a license for on- premises consumption within the Hometown District. From discussion with many restaurateurs, the financial feasibility of any new establishment is very limited by such regulations which prohibit the sale of alcoholic beverages (especially, wine and beer) which usually subsidizes food sales. Removal of the distance requirements between establishments will foster and encourage development in the Hometown District of new restaurant uses and the resulting economic activity associated with these establishments. Once again the City demonstrates its willingness to critically examine its regulations and to promote the economic rejuvenation of our downtown, as envisioned in the Hometown Plan. Recommendation: 1. Advantage to City: The removal of artificial distance barriers between businesses that serve alcoholic beverages may create more walk -about activity in the Hometown District which will benefit our retail sales. 2. Disadvantages to None. 3. This Ordinance is sponsored by Mayor Carver. 4. This Ordinance amends Section 4 -2 (a) of the Code of Ordinances. 5. The Planning Board voted 5:0 on May 31, 1994 to recommend approval of the proposed Ordinance with the following modification: That the spacing requirements between restaurants, bars /lounges, nightclubs, and package stores, as those requirements pertain to residential dwellings - including those dwellings located outside of the Hometown District - be eliminated from within the City's Hometown District nil . (For clarification 49 Page 2 purposes, Mr. Minims asked if the 500 -foot spacing requirement, as it relates to residential properties located outside but adjacent to the Hometown District, would not apply. The Board concurred with this clarification.) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SORTS MIAMI, FLORIDA AMENDING SUBSECTION 4 -2(A), OF THE CODE OR ORDINANCES, PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES, TO ELIMINATE THE 500' DISTANCE REQUIREMENT BE'1'iIEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 300' DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted Ordinance Number 128, section 2, on September 24, 1940, and the ordinance has been amended various times, to provide for the regulation of the manufacture, sale and distribution of alcoholic beverages; and, WHEREAS, the restrictions are codified in the Code of Ordinances as Section 4 -2; and, WHEREAS, Subsection 4- 2(a)(3) provides distance limitations between licensed establishments and other land uses; and, WHEREAS, the distance limitations prohibit the location of nightclubs, bars and lounges within 500' of each other, and it prohibits the location of licensed restaurants within 300' of each other; and, WHEREAS, the Mayor and the City Commission find that it is desirable to eliminate the referenced distance limitations for nightclubs, bars, lounges, and for restaurants located in retail and commercial zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1 1 Section 1. The distance matrix that is incorporated by reference into Paragraph (3) of Subsection 4 -2(a) is amended as follows: In the columns for the categories for Restaurants, Bars /Lounges and Nightclub delete the spacing requirements in their entirety. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this, ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY bev.ord $4 day of , 1994. APPROVED: MAYOR 4.2 SOUTH NIIAMI CODE 4.2 VSuPP• No. 46 48 , A S29n liu1LII110JU00U0Nj i sjo -ysuq jj!D ro 41 rd •� sa.rol s of Up Ud y III j t3l ul I I I I 1 oa I s7o�JSUisadns I `' � ,o j L w 4J a a� i I 1 a v 4J � •I � � I i i 3 � I � � so .9uno srP o •H +� ti �. * s�uPrnPlsa� I + I 1 a� o .b j�r�uaprsad I = ; = c fo ra U l-4 i loo gos Jo gorngj c c c c u o m l a �� I J � J �. C -W o i 41 •i•� I b-. ✓� =� C Oa r .r U ro 4-) N o :z Z C raI a: Z { �� � a) ib VSuPP• No. 46 48 me From: .ddmbb. C=Z'Y C>V SOUTH M2AM= ® INTER - OFFICE MEMORANDUM William F. Hampton Date: June 6, 1994 City Manager �imms, AICP Director of Building, Zoning & Community Development Dept Re: Ordinance regarding Distances Between Establishments which serve Alcoholic Beverages On May 31, 1994, the Planning Board voted unanimously (5:0) to approve the adoption of the proposed ordinance to remove the requirements for minimum distances between establishments that serve alcoholic beverages, specifically restaurants, bars, lounges and nightclubs. The Planning Board also recommended language intended to remove distance requirements between such establishments and residential properties contiguous to the Hometown District. This language is stated in the attached minutes and exempts any establishment which serves alcoholic beverages within the Hometown District from the 500 -foot distance requirement from residential property located hq-th within and adjacent to the Hometown District. The Planning Board made a significant point in that the Hometown District is bounded on the south by the "RM -24" Medium Density Multi- Family Residential zoning district. Without their proposed exemption, any proposed restaurant or other establishment would not be permitted to serve alcoholic beverages if it were located south of S.W. 73 Street in the Hometown District. Both the City Commission and the Planning Board have proposed language in order to remove the existing restrictions which preclude restaurants and other establishments from obtaining licenses to serve alcoholic beverages within the Hometown District. Unlike the ordinance as proposed by the City Commission, the amendment proposed by the Planning Board would allow establishments within the Hometown District which serve alcoholic beverages to be less than 500 feet from residential properties located outside of the Hometown District. This amendment would offer less protection of the residential character for residential areas just outside of the Hometown District than the ordinance as proposed by the City Commission, and is not an amendment that I favor. The proposed, unamended ordinance offers substantial opportunity for locating additional establishments serving alcoholic beverages within the Hometown District and should be approved as is. The City can certainly examine additional changes to the spacing requirements in the future, but the amendment proposed by the Planning Board would need to be examined at that time for its desirability both in terms of protection of residential character and of offering the constitutional guaranty of "equal protection of the laws" to all persons or classes of persons within the City, and not just those contiguous to the Hometown District. It is my recommendation that the ordinance proposed by the City Commission be approved. i IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Ms. Thorner read the request. Mr. Eisenhart asked Staff for comments. Staff recommended approval of the application. Mr. Eisenhart opened public hearing. Mr. Drew Brunetti of JDKL, Inc., spoke in favor of the ordinance. Mr. Eisenhart closed public hearing and opened executive session. Upon Mr. Lefley's inquiry, Staff clarified for the Board that this change would affect the whole City, not only the Hometown District. Ms. Thorner suggested removing the 500 foot- requirement for those establishments (restaurants, bars /lounges, et al.) located near multi- family residential areas. Motion: Mr. Gutierrez made a motion to approve the ordinance with the following stipulation: That the spacing requirements between restaurants, bars /lounges, nightclubs, and package stores, as those requirements pertain to residential dwellings - including those dwellings located outside of the Hometown District - be eliminated from within the City's Hometown District only. (For clarification purposes, Mr. Mimms asked if the 500 -foot spacing requirement, as it relates to residential properties located outside but adjacent to the Hometown District, would not apply. Mr. Gutierrez concurred with the clarification). Mr. Parr seconded the motion. Vote: Approved: 5 Opposed: 0 Mr. Mackey concluded by stating that this item, PB -94 -010, is scheduled to be heard by the City Commission on June 14, 1994. IV. Approval of the Minutes of April 26, 1994 Mr. Gutierrez made a motion to approve the Minutes of April 26, 1994. Mr. Parr seconded the motion. Vote: Approved: 4 Abstained: 1 Ms. Thorner V. Remarks. Mr. Gutierrez moved to make a recommendation to the City Commission that the present 4 -foot height limit on hedges be removed and thereby increased to seven (7) feet in height. Mr. Parr seconded the recommendation. Vote: Approved: 5 Opposed: 0 Mr. Parr announced his resignation from the Planning Board, effective with the May 31, 1994 meeting. 4 Of . 1 § 4 -2 M E z O A O A C7 z H z a A4 w H w w 0 z W O u W a SOUTH MIAMI CODE § 4 -2 100113s d0 yo.rn qD A O O C O O sasn gurrarojucouoN u >1 • t4 c t-4 4w • •: � to a) •H a 0 6d O Z s �. 9 0 slaxseq j3rq 10 a a b a� •r•I so.rols a8exoed W. m z 0� w 0 z a 0 t \ N s ax1 a ur radn S A �4 . 0 N a) alo ;s fa=.ro b 0 ra 4-J N gnlojy8rx N rd $4 r-1 • b a� q 3 sa8unolls.reg rd cNd N U slue.rnelsa Q) •r•I a W �Q $4 N a •r♦ leguaprsag 100113s d0 yo.rn qD C O O C O O t4 c t-4 • •: � O 0 6d O Z s �. o � W. m z 0� w 0 z a (v Supp. No. 46 48 A ro a •� 3 0 41 U O a) •r•I b 9 �4 �i 0 4j a) 3 3•0 41 a) (1) 41 9 �30 04 it 44 •r�•I r�i � N 0 4 0 b H •r., N N I a) •1 0 0 ra o CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM , I To: Dean Mimms, AICP Date: May 26, 1994 Director of Building, Zoning & Community Development Dept From: Bill Mackey Re: Item #4: PB -94 -010 Planner Alcoholic Beverage Please, review the following staff report to be presented to the Planning Board for their Meeting on May 31, 1994. 1. REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SUBSECTION 4 -2(A), OF THE CODE OF ORDINANCES, PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES, TO ELIMINATE THE 500' DISTANCE REQUIREMENT BETWEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 300' DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. The Hometown District Overlay was established to encourage economic growth and redevelopment of the City's traditional downtown business area. New restaurant operations are part of this vision. Restaurant establishments are discouraged from opening, if they are unable to secure licenses to serve alcoholic beverages (especially, beer and wine). 3. ANALYSIS 4. F-I M The proposed ordinance does comply with the intentions of the Hometown District Overlay, and is a natural extension of regulations to promote economic growth and revitalization. RECOMMENDATION Staff recommends that the Planning Board vote to recommend approval of the application to the City Commission. COMPREHENSIVE PLAN The proposed ordinance directly supports Goal 2 and Goal 3 of the Comprehensive Plan in tandem with the already adopted Hometown District Overlay Ordinance. APPLICABLE CODE OF ORDINANCES SECTION: 4 -2(A) attachments V __ Goal2 and Related Objectives and Policies Goal2 To preserve and enhance the pedestrian character and comparison shopping function of the City's Sunset shopping area. South Miami's Sunset commercial area east of U.S.1 is one of the most vibrant in south Florida. It serves populations in the city and beyond. The pedestrian character of the Sunset commercial area gives a measure of charm and sophistication that is perfectly compatible with the city's small town character. Preserving and enhancing the vitality of the Sunset commercial area is the second most important goal of the comprehensive plan. Objective 21 Discourage urban commercial sprawl by enhancing downtown South Miami as the prime retail and commercial service center, as specified in the Future Land Use Map. Measurability shall be no major commercial rezonings outside of downtown. Policy 2.1.1 Prepare a sidewalk and bikeway plan with special attention to downtown. Policy 2.12 Monitor parking usage to determine when and where additional municipal parking areas should be provided. Policy 2.1.3 Oppose street widenings that would either feed more through traffic into the downtown area or adversely impact its pedestrian amenities in downtown South Miami. Goal 3 and Related OWec dves and Poiic s Goal To achieve a tax base adequate to support a high level of municipal services: Objective 31 Achieve over the next five years a six- percent average annual increase in the tax base through new development and increased property values. Policy 3.1.1 Zone for new development and redevelopment in accordance-with the Future Land Use Map. Policy 3.1.2 Enforce the City's zoning and other land development codes. Policy 3.1.3 Pursue traffic, parking and pedestrian amenity policies that enhance. downtown, and thereby the tax base. t )c 116 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SUBSECTION 4 -2(A) OF THE CODE OF ORDINANCES PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES TO ELIMINATE THE 5001 DISTANCE REQUIREMENT BETWEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 300' DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved by Mayor Carver, seconded by Commissioner Cooper, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing after consideration by the Planning Board. Mayor Carver explained that the current City ordinance restricts restaurants serving alcoholic beverages from being with a certain number of feet from each other and this amendment is a more progressive approach and would effect only the commercial and retail areas. Commissioner Cooper noted that the SR District is actually designed for residential as well as commercial and the new ordinance should not apply to that area. Moved by Mayor Carver, seconded by Commissioner Cooper, that the SR District be omitted from the distance requirements. Commissioner Bass spoke in support of removing the 300' distance from restaurant to restaurant but not removing the distance requirements between bars and lounges as this is not how she envisions the Hometown District. Motion on ordinance passed 4/1: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea; Commissioner Bass, nay. § 33 -147 DADE COUNTY CODE the base thoroughfare, to the next street or avenue. (d) The numbering of number units in each square shall begin with that one hundred (100) number indicating the number of squares it may be removed from the base thoroughfare, and numbers shall advance by one hundreds only by squares as herein defined. (Ord. No. 57 -19, § 32(1), 10- 22 -57) Sec. 33.148. Street naming and numbering plat. (a) The Director of Public Works is hereby di. rected to make without delay special maps or plats of the County covering all additions or subdivi- sions recorded or generally known and available within the County limits; designating the names of streets and number units by the numbers as herein provided. (b) The said maps or plats shall be known as the street naming and numbering plat and be kept open to the public for reference in the Office of the Director of the Building and Zoning Department. (c) Hereafter all buildings, houses, portions of land and lots adjacent to or abutting upon streets, avenues, places, terraces, courts, lanes and roads of the County shall be known and designated by the numbers indicated on said plats referred to in this section. (Ord. No. 57 -19, § 320, 10- 22 -57) Sec. 33.149. Duty of owners of buildings. (a) It shall be the duty of the owner of any building facing, abutting, opening or having its main entrance from any right -of -way in the County to have affixed to such building suitable numbers composed of figures not less than three (3) inches in height, and/or panel upon glass or some me- tallic substance, in accordance with the plats re- ferred to in Section 33- 148(a) hereof. (b) All buildings constructed, erected or removed after January 31, 1941 shall upon completion of their construction, erection or removal be num- bered by the owner thereof as per Section 33.148 hereof. 114 (c) It shall be the duty of the owner to maintain numbers of his buildings as herein provided in good condition and in a conspicuous place where same can be seen and read from the street. (d) The word "owner" as used in this article shall include owners of the fee, lessee and "agent in charge." (Ord. No. 57 -19, § 32(L), 10- 22.57) ARTICLE X. ALCOHOLIC BEVERAGES* Sec. 33.150. Location of establishments. (A) Distance from other establishments. Unless approved as a special exception (Section 33.311(d)), no premises shall be used for the sale of any al- coholic beverages, as defined herein, to be con- sumed on or off the premises where the structure or place of business intended for such use is lo- cated less than fifteen hundred (1,500) feet from a place of business having an existing, unaban- doned, legally established (and not one of the uses excepted from the spacing requirements herein- after provided) alcoholic beverage use which per- mits consumption on or off the premises. The fif- teen hundred (1,500) feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. (B) Distance from church or school. Unless ap- proved as a special exception (Section 33.311(d)), no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than twenty -five hun- dred (2,500) feet from a church or public school. The twenty-five- hundred -foot distance re. *Charter reference— Authority of County to establish and enforce regulations for sale of alcoholic beverages in unincor- porated areas and to approve municipal regulations on hours for the sale of alcoholic beverages, § 1.01(A)(16). Cross references — Definition of alcoholic beverages, § 33• 1(3); definition of bar or saloon, § 33. 1(10); definition of beer, § 33. 1(13); definition of cabaret, § 33. 1(23); definition of intoxi- cating liquors, § 33. 1(59); minors gaining admission to prohib- ited places, or for purposes of securing beer, liquor or wine, by false statements or credentials, § 21.10; package stores and nightclubs in hotels, RU4 District, § 33. 222.4. 6228 ZONING quirement shall be measured and computed as follows: (1) From a church, the distance shall be mea. sured by following a straight line from the front door of the proposed place of business to the nearest point of the church struc. ture, and (2) From a public school, the distance shall be measured by following a straight line from the front door of the proposed place of busi- ness to the nearest point of the school grounds. (C) Compliance prerequisite to issuance of li- censes, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements of subsections (A) and (B) above. (D) Nonconforming uses; definition of abandon. ment. The uses referred to in subsections (A) and (B) above that are in violation of the provisions thereof, and that were in existence on or before June 14, 1956, shall be deemed to be noncon- forming and as such may continue until there is an abandonment thereof, provided that such non- conforming uses have been established and proven to the satisfaction of the Building and Zoning De- partment on or before October 1, 1966, and not thereafter. After October 1, 1966, the right to es- tablish a use not conforming with the require- ments of subsections (A) and (B) shall have ex- pired and shall not thereafter be recognized. Any uses, created and established in a legal manner, which may thereafter become nonconforming, may continue until there is an abandonment. Once a nonconforming use is abandoned it cannot be re- established unless it can conform to the require- ments of this chapter. Abandonment shall consist of a change of use or of a suspension of active business with the public for a period of not less than three (3) months, or prior to the end of the period, on a written decla. ration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner. § 33.150 (E) Exceptions to spacing and distance require- ments. The restrictions and spacing requirements set forth in subsections (A) and (B) above shall not apply: (1) To private clubs, provided such clubs con. form to all the requirements of a private club as stated in Chapter 561 of the Florida Statutes and other applicable State laws, and providing that there are no signs of any type exhibited or displayed or other in- dications that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. Before a cer- tificate of use and occupancy to serve alco- holic beverages will be issued, the appli- cant must submit necessary data to prove that it is eligible for the use and complies with Chapter 561 of the Florida Statutes or other applicable State laws; provided, any- thing to the contrary notwithstanding, these requirements must be complied with, even though the club intends to serve only beer and/or wine. V 5229 (2) ESTABLISHMENTS IN RU -4, RU -4A DIS. TRICTS. To cocktail lounges, bars and cab. arets located in RU -4 or RU -4A Districts and which conform to the requirements of said districts, or such other cocktail lounges, bars and cabarets in other liberal districts as may comply with the RU -4 or RU -4A requirements. (3) RESTAURANTS IN BU -1, BU -1A DIS- TRICTS. To dining rooms or restaurants located in the BU -1 or BU -1A Districts which comply with the requirements of such districts and serve cooked, full course meals, daily prepared on the premises, or such other dining rooms or restaurants in other more liberal districts complying with the requirements of the BU -1 or BU -1A Dis- trict and which serve cooked, full course meals, daily prepared on the premises, pro- viding that only a service bar is used and the sale of alcoholic beverages are sold only to persons seated at tables. (4) COCKTAIL LOUNGES IN RESTAU. RANTS IN SHOPPING CENTER IN BU -2 DISTRICT. To cocktail lounge -bars (includ- § 33.150 DADE COUNTY CODE ing package stores) in restaurants located in a shopping center in a BU -2 or more lib- eral district containing net ground building area (including parking) of not less than fourteen (14) acres under one (1) ownership of title with an approved plan showing 200,000 square feet of building area and improved by not less than seventy -five thou- sand (75,000) square feet of floor area thereon, with facilities for parking not less than two hundred fifty (250) vehicles, pro- vided such restaurant contains all neces- sary equipment and supplies for and serves . full course meals regularly, and have ac- commodations for service of two hundred (200) or more patrons at tables, and pro- vided the restaurant occupies more than four thousand (4,000) square feet of floor space. Only one (1) such cocktail lounge -bar will be permitted in the shopping center, and such restaurant use shall be at least five hundred (500) feet from any church or school measured as otherwise provided in this section. Before any such cocktail lounge -bar will be permitted the required floor area of seventy -five thousand (75,000) square feet and required parking for two hundred fifty (250) vehicles in the shopping center must be constructed. The cocktail lounge -bar in the restaurant structure shall not have outside entrances and the lounge and package store shall be so located that there is no indication from the outside of the structure that the cocktail lounge and package store are within the structure. (5) BEER AND WINE FOR OFF- PREMISES CONSUMPTION. To the sale of beer and wine as a grocery item for consumption off the premises, from grocery stores and meat markets within the hours adopted and pre- scribed by the County Commission. (6) CONVENTION HALLS IN BU -lA DIS. TRICTS. To convention halls located in BU -1A, or more liberal business and indus- trial districts, which meet the following re- quirements: (a) Where the hall is part of the operation of a hotel or motel and di- rectly under its management. (b) Where the square footage area of the convention hall 5230 is at least ten thousand (10,000) square feet. (c) Where the seating capacity of the hall is in excess of five hundred (500) persons. (d) Where the sign advertising the cocktail lounge or bar use is of same or similar type as is permitted for motels in the RU -4 Dis- tricts, that is, the advertisement is incor- porated into the sign proper for the conven. tion hall. (7) BEER AND WINE IN BOWLING AL- LEYS. To beer and wine bars in bowling alleys: (a) Where there are no signs of any type exhibited or displayed, or other indica- tions, that can be seen from the outside of the structure concerned, that beer or wine or other malt and vinous bever- ages are being served, and (b) When such bowling alleys are in a fully air conditioned building having at least ten thousand (10,000) square feet of floor space under one (1) roof and under one (1) ownership of title, and (c) Where the building contains at least six (6) alleys usable for bowling, and where the bowling alley has facilities for the service of food and beverages in an area separate from the alleys them- selves and contains at least two thou- sand (2,000) square feet of usable floor space, including the bar and other fa- cilities for the service of food and bev- erages and has accommodations for at least sixty (60) patrons at tables, and (d) Provided that such building be, not less than five hundred (500) feet from a school or church measured as provided hereinabove. (S) NIGHT CLUBS IN CERTAIN HOTELS AND MOTELS. To night clubs and caba- rets where the same are located in a hotel, motel, or apartment hotel and under the same roof, which contains at least two hun- dred (200) guest rooms or apartment units under the same roof, provided the exterior of any such building shall not have store fronts or give the appearance of commer- cial or mercantile activity as viewed from ZONING the highways. In the event the use contains windows which may be seen from the highway, said windows shall be of fixed, obscure glass. Such night club or cabaret shall be entered only through lobby, and no additional entrance shall be permitted. An additional entrance or door shall be per- mitted when the same opens into a court- yard or patio (away from street side) which is enclosed and which is not visible from the street. A fire door or exit shall be per- mitted, provided that the same is equipped with panic -type hardware and locks and is maintained in a locked position except in emergency. (9) PACKAGE STORES IN SHOPPING CEN- TERS IN BU -1A DISTRICT. Package stores in shopping centers in a BU -1A (limited business) or more liberal district containing a net ground building area of not less than five (5) acres including dedicated rights - of way under one (1) ownership with an im- proved building area of not less than forty -one thousand (41,000) square feet of floor area thereon, and with an improved and developed parking area of not less than two hundred twenty -one (221) vehicles. Only one (1) such package store will be permitted in the shopping center. Said package store shall be at least two thousand five hundred (2,500) feet from any church, school and at least five hundred (500) feet from any other licensed alcoholic beverage establishment measured as otherwise provided in this sec- tion. (10) COCKTAIL LOUNGES IN GOLF COURSE CLUBHOUSES AND BEER IN ANCILLARY REFRESHMENT STANDS LOCATED ON SAID GOLF COURSE. To cocktail lounges in golf course clubhouses and beer in ancillary refreshment stands located on said course, whether governmen- tally or privately owned provided a bona fide regular, standard golf course is main- tained and consists of at least nine (9) holes, with clubhouse, locker rooms and atten- dant golf facilities and comprising in all at least one hundred (100) acres of land. Failure of such club to maintain the golf § 33.150 course, clubhouse and golf facilities shall ipso facto terminate the privilege of the cocktail lounge and sale of beer from the refreshment stands. (11) EXCURSION, SIGHTSEEING OR TOUR BOATS. To excursion, sightseeing or tour boats, providing the operators thereof ob- tain a State beverage license for such boats, the same being designated as their place of business, upon compliance with all the laws relating to vendors operating places of busi- ness where consumption on the premises is permitted; provided that such excursion, sightseeing or tour boats contain all the nec- essary equipment and supplies in order to, and do, serve full course meals regularly, and have accommodations at all times for the service of two hundred (200) or more patrons at tables and occupying more than four thousand (4,000) square feet of space. 5231 (12) TENNIS CLUBS AND INDOOR RAC- QUETBALL CLUBS. To any chartered or incorporated club owning or leasing and maintaining any bona fide tennis club or four -wall indoor racquetball club consisting of not less than ten (10) regulation -size tennis courts or ten (10) regulation -size four - wall indoor racquetball courts, or a combi- nation of tennis courts and four -wall indoor racquetball courts numbering fifteen (15), with clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or leased by such club and providing that there are no signs of any type exhibited or displayed or other indica- tions that can be seen from the exterior of the clubhouse, building or structure that alcoholic beverages are served. (13) NOT -FOR- PROFIT THEATRES WITH LIVE PERFORMANCES. To any State - chartered not - for - profit legal entity orga- nized principally for the purpose of oper- ating a theatre with live stage performances and with not fewer than one hundred (100) seats. Sales of alcoholic beverages shall be permitted only for consumption on the pre - misea and only to patrons during any reg- CORAL GABLES ZONING CODE SECTION 21 -6 DISTANCE REQUIREMENTS - SALE OF ALCOHOLIC BEVERAGES AND LIQUORS. No retail beverage store, retail package liquor store, retail liquor store, retail package beverage store or club vendor shall be established or oper- ated upon premises closer than five hundred (500) feet from any church or school. The five hundred (500) foot lateral distance shall be measured and computed by following a straight line from the near- est point of the school grounds and /or church grounds in use as part of the school grounds and /or church facilities to the nearest property line of the building site of the place of business. A re- tail package beverage store may be established and operated within the distance prohibition area above described, only if such store.is operated in con- junction with and as an integral part of the busi- ness of a merchant selling food and food products. For-the purpose of determining the distance between alcoholic beverage uses and churches or schools, the applicant for such use shall furnish a certified survey from a registered land surveyor in the State of Florida indicating the distance between the pro- posed place of business and any church or school within five hundred (500) lateral feet. The survey shall indicate the shortest distance as measured and computed by following a straight line from the near- est point of the school grounds and /or church grounds in use as part of the school and /or church facilities to the nearest property line of the building site of the place of business. In case there are no churches or schools within five hundred (500) lateral feet of the place of business, the survey shall so certify. An applicant for a retail package beverage store license shall not be required to furnish a survey when such store is operated in conjunction with and as an integral part of a busi- ness or a merchant selling food and food products. 150 �2 Rev. 6 -30 -91 To: Mavor & From: illi City Background: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: June 3, 1994 6/14/94 Commission Agenda Re: Item # 5 :Resolution regarding a Variance for Pearl Art Store Pearl Artist & Craft Supply Corporation is relocating their store from unincorporated Dade County to the City of South Miami. The property is located at 6448 South Dixie Highway. Signage for the facility is proposed to be located on the western face of the building above the store entrance, in order to facilitate access for handicapped and elderly patrons, as well as to clearly indicate the entrance for all members of the general public. The proposed signage does not face a public street or alley, as required by Section 20- 4.3(1)(12) of the Land Development Code. However, it is clearly the intent of the recently adopted A.D.A. (Americans with Disabilities Act) that entrances must be accessible, that access routes should be short, and that signage should act as landmarks for accessibility. In other words, facilities should be designed so that entrances are clearly marked and easily accessible by all kinds of people. The applicant's proposal does meet the requirements of the A.D.A., although it does not comply with the City's restrictions for signage location as contained in the Land Development Code. The Building, Zoning & Community Development Department is currently assessing the signage regulations contained in the LDC, in order to propose new regulations that will better serve the needs of businesses, citizens and other uses, including handicapped members of the public. 1. Advantage to City: We believe that providing an easily accessible and clearly marked entrance is in the best interest of all members of the public and required by federal law. 2. Disadvantages to Citv: None. 3. Staff recommends approval of the variance application. 4. This Resolution is pursuant to Section 20-4.3 (1)(12) and Section 20 -5.9 (C) of the adopted Land Development Code. 5. The Planning Board voted 5:0 to recommend approval of the variance application. S RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR A VARIANCE PURSUANT TO SECTION 20-4.3 (I)(12) OF THE LAND DEVELOPMENT CODE TO PERMIT A FLAT SIGN WHICH DOES NOT FACE THE ADDRESS STREET ON PROPERTY LOCATED IN THE "GR" GENERAL RETAIL ZONING DISTRICT, AND SPECIFICALLY LOCATED AT 6448 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, Pat Oblak of Pearl Artist & Craft Supply Corporation has applied on behalf of Pearl Artist & Craft Supply Corporation and R. Hart of B -Mar Associates, property owner, for a variance from Section 20-4.3 (I)(12), to permit a flat sign which does not face the address street on property located in the "GR" General Retail zoning district; and, WHEREAS, the property is located at 6448 South Dixie Highway, South Miami, Florida, 33143, and is legally described as follows: A portion of the SE 1/ of the SW 1/ . of the NW 1/ in Section 36, Township 54 South, Range 40 East, Dade County, Florida being more particularly described as follows: Commence at the intersection of the easterly right -of -way line of U.S. Highway #1 and the south line of the SE 1/a of the SW 1/a of the NW 1/a of said Section 36; thence run north 508'0" east along the southeasterly right -of -way line of U.S. Highway #1 for 416.96 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue north 500 8'0" east along said southeasterly right -of -way line of U.S. Highway #1 for 150.00 feet; thence run south 3952'0" east at a right angle to the last described course for 195.00 feet; thence run north 508'0" east parallel to said southeasterly right -of -way line of U.S. Highway #1 for 20.65 feet; thence run south 39019'9' east for 41.75 feet; thence run south 5041'0" west for 6.05 feet; thence run south 008'0" west along a line parallel with and 15 feet west of the east line of said SE 1/ of the SW 1/ of the NW 1/ of Section 36 for 152.80 feet; thence run south 89 32'30" west along the north right -of -way line of Davis Road, said line being 35 feet north of and parallel with the south line of said SE 1/ of the SW 1/ of the NW 1/ of Section 36 for 252.00 feet; thence run north 0027'30" west at right angles to the last described course for 23.54 feet; thence run north 508'0" east parallel to said southeasterly right- of-way of U.S. Highway #1 for 113.38 feet; thence run north 3952'0" west for 175.00 feet to the Point of Begs. S WHEREAS, the Building, Zoning & Community Development Department staff recommended denial of the application to the Planning Board 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 May 3, 1994, the Environmental Review & Preservation Board voted to recommend that this signage be allowed by variance and that this signage would be beneficial to the City by providing for public orientation, thereby enhancing the environment in the immediate area (3 -0); and, WHEREAS, on May 31, 1994, the Planning Board voted to recommend approval of the application for a variance (5 -0); and, 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 Pearl Artist & Craft Supply Corporation for a variance to permit a flat sign which does not face the address street on property located in the "GR" General Retail zoning district at the above - described commercial property is approved. PASSED AND ADOPTED this 14th day of June, 1994. AT'T'EST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR To: From: Crff OF SOUTH MIAMI ® INTER - OFFICE MEMORANDUM William F. Hampton City Manager De Mimms, AICP Director of Building, Zoning & Community Development Dept Date: June 3, 1994 Re: Variance Request for Signage Location at the Pearl Artist & Craft Supply Store located at 6448 South Dixie Highway On Mav 31, 1994, the Planning Board voted 5:0 to recommend approval of the application by Pearl Artist & Craft Supply Corporation for a variance from Section 20-4.3 (I)(12), to permit a flat sign which does not face the address street on property located in the "GR" General Retail zoning district at 6448 South Dixie Highway. On May 3, 1994, Pearl Artist & Craft Supply Corporation, represented by Pat Oblak, was encouraged to apply for a variance by the Environmental Review & Preservation Board at one of the preliminary reviews held by the Board. The applicant was permitted to submit the proposed signage for input from the E.R.P.B., prior to the decision to apply for a variance. Given the requirements of federal regulations for handicapped access and signage, the application for the variance may be granted, in order that the City and the applicant comply with the A.D.A. In addition, although the Planner's staff report indicated a finding of "no hardship ", the property is indeed very unusual in shape and orientation toward both U.S. Highway #1 and Davis Road. The Citv Commission may make a determination of hardship based on the physical configuration of the property (a hardship which is, indeed, inherent in the land) and may then grant a variance for such a hardship upon deliberation. This action would be in compliance with the requirements for the determination of a valid hardship "that runs with the nature of the land". attachments EXCERPTED MINUTES FROM THE PLANNING BOARD MEETING ON MAY 31, 1994 PB -94 -009 Applicant: Pearl Art & Craft Supply Corporation Request: Variance from Section 20 -4.3 (I)(12) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. Location: 6448 South Dixie Highway; South Miami, Florida 33143 (A commercial property located in "GR" General Retail) Mr. Gutierrez read the request. Staff recommended denial of the request. Mr. Eisenhart opened the public hearing. Ms. Pat Oblak, representative for Pearl Art & Craft, gave reasons for the request, including clearly identifying store entrance with the sign. Ms. Oblak explained that the variance is for the sign that would face the parking lot (since it would not face a street) and not for the sign facing South Dixie Hwy. Mr. Eisenhart closed the public hearing and convened executive session. Staff clarified sign code and sign location, and site plan of the proposed Pearl Art & Craft store. Motion: Mr. Parr made a motion to approve the request as submitted. Mr. Gutierrez seconded the motion. Vote to approve: Approved: 5 Opposed: 0 Mr. Mackey closed by informing the applicant that Pearl Art & Craft is scheduled to appear before the City Commission on June 14, 1994. S EXCERPTED MINUTES FROM THE E.R.P.B. MEETING ON MAY 3, 1994 2. EB -93 -226 REMODELING & SIGNAGE (Commercial) - PRELIMINARY Applicant: PEARL Arts & Craft Address: 6448 S. Dixie Hwy. Note: Preliminary approval by ERPB, 12/21/93, with suggestions. This application incorporates the previously suggested, as well as other changes, including a new freestanding sign design (S. Dixie Hwy. side). Ms. Pat Oblak and Mr. Luis Romundo signed in as representatives. The Board examined the drawings. The Board and Ms. Oblak discussed updated drawings which are based on prior ERPB suggestions. Mr. Hochstim suggested that a darker tone, perhaps medium gray, be used inside the arches and below the windows. The Board and representatives further discussed earlier ERPB suggestions, as listed on the appendix (attached to agenda). In reference to mural vs. signage requirements, the Board and representatives discussed viable alternatives involving temporary signage, until a mural can be verified and approved. Mr. Kobola explained that signs are not allowed on facades that do not face the street, such as those on a facade facing a parking lot between two streets. Mr. Kobola further explained that signage vs. facade treatment would have to be clarified and approved by Building'& Zoning Department. He suggested that application can be made with the Department as first step for variance approval of signage. Motion: Mr. Hochstim moved approval, as a preliminary submission, with the following suggestions: 1) That the inside of the arches and space below the windows, and below the awnings, be treated with a medium gray, slightly darker tnan the facade and slightly lighter than the trim; 2) That a color band(s) be included around the parts of the building facing the parking lot and SW 80 Street, and said color band(s) be submitted to ERPB for approval; 3) That the sign facing the parking lot, realizing that it does not comply with signage code /ordinance, be allowed subject to variance approval; ERPB further suggests that this sign would be beneficial to the City by providing for public orientation, thereby enhancing the environment of the immediate area. Ms. Wolfsohn seconded the motion, adding that the sign and entrance are very important in that they provide convenient access to the visiting public. Vote: Approved: 3 Opposed: 0 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Date: May 26, 1994 Director of Building, Zoning & Community Development Dept From: Bill Mackey Re: Item # 3: PB -94 -009 Planner xku Pearl Sign Variance Please, review the following staff report to be presented to the Planning Board for their Meeting on May 31, 1994. 1. REQUEST Variance from Section 20-4.3 ( I)( 12) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. 2. BACKGROUND Pearl Artist & Craft Supply Corporation is remodeling a facility in South Miami to accomodate a new store location. The applicant desires to locate signage above the public entrance to the facility. This entrance is located on the western side of the building which does not face the street. 3. ANALYSIS Although the lot is unusually configured it does meet the dimensional requirements of the Land Development Code; therefore, the property does not constitute a hardship running with the land. However, the applicant has raised the issue of the elderly and handicapped which may require special consideration under the new A.D.A. legislation. • 0% W04910T.-INKE6111 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 City of South Miami Comprehensive Plan; however, this variance is not the result of any mandate by the Comprehensive Plan, nor does this variance support any goal in the Comprehensive Plan. 6. APPLICABLE LAND DEVELOPMENT CODE SECTION: 20 -4.3 (1)(12) attachments x 19 1 Federal RoSUM r / Vol. 54 No. 144 / Friday, July 28, 1991 / Rules and Regulations A4.30 819WWO A4.30 819MMe. A4.30.1 OeneW. in building comp! =es where finding locations, independently on a routine basis may be a necessity (for example. college campuses), tactile maps or prerecorded inastructsoris can be very helpful to visually unpaired people. Several maps and auditory instsuctyoas have been developed and tested for specific applications. The type of map or irystructsons used must be based on the infor- mation to be communicated. which depends highly on the type of buildings or users. that can easily be distinguished by visually impaired individuals are useful as orientattion cues. Such cues include changes in illumination level. bright colors, unique patterns. wall murals. location of special equipment or other architectural features. Many people with disabilities have ltimitations in movement of their heads and reduced peripheral vision. Thus. signage positioned perpendieular to the path of tssvel is easiest for them to WON People can generany distinguish signage wftbin an aagla of 30 degrees to either side of the of their faces without mining their heads. A 30 2 I- SUVOIdoa. The kgibil- tty of prUM41 charwtem is a Amcdon of the viewing distance, character height. the ratio of the stroke width to the height of the character, the contrast of wise between character and ba md. and print Ibut. The size of chmac- tent must be based upon the intended view tog distance. A severely nearsighted person may have to be much closer to recognize a character of a given size than a person with normal visual acuity.. Ir w'—Special Note: Many disabled people can move at only very -,4 slow speeds. On trips over 100 feet, disabled people are apt to rest frequently, which substantially increases their trip times. In inclement weather, slow progress and resting can greatly increase a disabled person's exposure to the elements. s lower than 1:20 can sometimes provide more convenience than direct routes with maximum allowable slopes or with ramps. Location. 1. Accessibility to buildings shall be provided from rights -of -way and parking areas by means of walks, curb - cuts, or ramps to at least one entrance generally used by the public and from such entrance to elevators, if any. Such pathways shall be at least 44 inches wide and shall be devoid of stairs /steps or other abrupt change in elevation greater than 1/2 inch. 2. Accessibility in buildings shall be provided at each floor and accessible grade level, except as otherwise provided in this section. 3. Accessible routes within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones, and public streets or sidewalks to the accessible building entrance they serve. 4. Accessible routes shall connect accessible buildings, facilities, elements, and spaces that are on the same site. 5. Accessible routes shall connect accessible building or facility entrances with all accessible spaces and elements and with all accessible dwelling units within the building or facility. 6. Accessible routes shall connect accessible entrances of each accessible dwelling unit with those exterior and interior spaces and facilities that serve the accessible dwelling unit. Width. The minimum clear width of an accessible route shall be 36 inches except at doors (see Doors - Clear Width section of this manual). If a person in a wheelchair must make a turn around an obstruction, the minimum clear width of the accessible route 4r shall be as shown in Figures 13 and 14. ACCESSIBILITY REQUIREMENTS MANUAL from DEPARTMENT OF COMMUNITY AFFAIRS, 1990. 9 Detectable Warnings at Reflecting Pools. The eLrges of reflecting pools shall be protected by railings, walls, curbs or detectable warnings complying with Detectable Warnings - Detectable Warnings on Walking Surfaces section of this manual. Standardization. Textured surfaces for detectable warnings shall be standard within a building, facility, site, or complex of buildings. Special Note: A proliferation of or a lack of standardized warnings weakens the effectiveness of such warnings. SIGNAGE (ANSI A117.1, 4.28, 1986 and Subsection 553.48(4 )(0), F. S.) General. All signage that provides emergency information or general circulation directions or identifies rooms and spaces shall comply with Signage - Character Proportion, Color Contrast, and Symbols of Accessibility sections of this manual. Tactile signage shall also comply with Signage - Tactile Characters or Symbols section of this manual. Special Note: Landmarks that can easily be distinguished by visually impaired individuals are useful as orientation cues. Many people with disabilities have limitations in movement of their heads and reduced peripheral vision. Thus, signage positioned perpendicular to travel is easiest for them to notice. People can generally distinguish signage within an angle of 30 degrees to either side of the centerline of their faces without moving their heads. Height. Where room names or numbers are provided, raised or recessed numbers shall be used. Such names or numbers shall, whenever possible, be located adjacent to the door on the hinge side at a height of between 54 inches and 66 inches from the floor. Character Proportion. Letters and numbers on signs shall have a width -to- height ratio between 3:5 and 1:1 and a stroke - width -to- height ratio between 1:5 and 1:10, utilizing an upper -case "X" for measurement. Color Contrast. Characters and symbols shall contrast with their background - either light characters on a dark background or dark characters on a light background. Tactile Characters or Symbols. Characters, symbols, or pictographs on tactile signs shall be raised 1/32 inch minimum. Raised letters and numbers shall be sans serif uppercase characters. Raised characters or symbols shall be at least 5/8 inch high, but no higher than a nominal 2 inch. ACCESSIBILITY REQUIREMENTS MANUAL from DEPARTMENT OF COMMUNITY AFFAIRS, 1990. 58 SECTION 20 -4.3 SIGNAG (12) FLAT SIGNS with a total aggregate sign area, not to exceed fifteen (15) square feet in area for every ten (10) feet of linear street frontage; this signage may only be located on the building face which is facing the address street; and no single sign shall exceed one hundred and fifty (150) square feet in area. Corner lots shall be permitted one (1) additional flat sign on the wall facing the side street. The area of said sign shall not exceed fifty (50) percent of the area of the permitted front flat sign. Signs may be on any building side, other than the front of the building, which faces a street or alley, but may not exceed 50% of the permitted front flat signage footage with approval of the £RPB. Direct illumination permitted. (13) One (1) FLAT SIGN per establishment, not to exceed thirty (30) square feet in area; said sign may only be located on the building face which is facing the address street. Corner lots shall be permitted one (1) additional flat sign on the wall facing the side street. The area of said sign shall not exceed fifty (50) percent of the permitted area of the front flat sign. Signs may be on any building side, other than the front of the building, which faces a street or alley, but may not exceed 50% of the permitted front flat signage footage with approval of the £RPB. Direct illumination permitted. (14) FLAT SIGNS with a total aggregate sign area, not to exceed fifteen (15) square feet in area for every ten (10) feet of linear storefront; signage may only be located on the building face where the main entrance to the establishment is located; no single sign shall exceed two hundred (200) square feet in area. Corner stores shall be permitted one (1) additional flat sign on each side street wall. The area of any flat sign on a side street wall shall not exceed fifty (50) percent of the area of the permitted front flat sign. Signs may be on any building side, other than the front of the building, which faces a street or alley, but may not exceed 50% of the permitted front flat signage footage with approval of the ERPB, as long as the signs do not face a residential district, excluding the Specialty Retail /Residential (SR) District. Direct illumination permitted. (15) One (1) HANGING SIGN per establishment, not to exceed one and one -half (1.5) square feet in area each. Signs shall be uniform in size and design within a single property, but may vary in lettering style and color, provided that they are compatible and coordinated with other signs for individual establishments in the same development. LDC: UPDATED JUNE 1993 1 O 7 CITY OF SOUTH MIAMI X City of South Miar. 6130 Sunset Drive. South Miami. Fionda 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD iApplicant: B -MAR ASSOCIATES Phone:3U5..667 -8069 (Property Owner:Rir_hara Hart Signature: Address: 3909 Laelafa Blvd. Phone Number: Coconut Grovc Fl. i 133 10c;. Q Represented By:Patrtcia K•. Oblak Organization:Pearl Address: 6448 S. Dixie Hwy. Phone: 663-0156 Architect /Engineer: Lao Salomon . AIA Phone: 305. 351 -9301 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 ILot(s) Block Subdivision PB � Metes and Bounds: ,41 Z' Township 34 Section 35 a;.st Range �0 APPLICATION IS HEREBY MADE FOR THE FOLLOWING: =� Variance Special Use _ Rezoning Text Amendment to LDC _ Text Amendment to Comp Plan _ PUD Approval _ PUD Major Change Briefly explain application and cite specific Code sections: Permisaian 2otoJlocate siin over main entrance to retail store. 2 SECTION: -i' 3 CLr SUBSECTION: )PAGE•1: l AMENDED DATE: Lq3 SUBMITTED 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 7 copies of Site Plan Required fee(s) for within 3 years 1 reduced 0 8.5" x 11" cost of advertising The undersigned has read this completed application and represents the information and all submitted materials f ished are true and correct to the best of-the applicant's knowl e d belief. Date Applicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for coapliance with city Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OrrICE USE ONLY DATE FILED S- Co % ACCEPTED REJECTED DATE PB HEARING - 3/ COMMISSION 6-7 PETITION REQUIRED ADVERT DEADLINE "� OTHER INFO PETITION ACCEPTED X May 6, 1994• South Miami Planning Board South Miami City Commission This letter serves to inform both the South Miami Planning Board and the South Miami City Commission of Pearl Art and Crafts intent to install signage above the main entrance of our proposed retail store. We will first explain why the entrance is where it is and then why sinage is necessary over the entrance. Due to the physical configuration and the size of the building, we propose to install the entrance /exit and accompanying signage in a location central to the majority of our parking. If the entrance were located on the South Dixie Highway face, the greatest distance a customer would be asked to walk would be 378 ft., locating the entrance where we propose reduces this distance to 236 ft. After en- tering the store, if the enterance were on South Dixie, our customer is faced with a walk of 288 ft. to the back of the store, locating the entrance central to parking cuts their longest walk inside the store to 196 ft. Of course, these figures double as the customer returns to their car. By placing the entrance and its signage where we propose, it is visable from both Davis Rd. and South Dixie Hwy. Customers park as close to the entrance of a store as possible. If signage were permitted.on South Dixie Hwy. and not permitted over the main entrance, customers approaching from Davis Rd. would not know what store it was they were looking at and those customers approaching via South Dixie would park near what they assumed was the entrance, in other words, where the sign is on South Dixie - causing them a further walk or to move their car. We feel that it is a physical hardship on our customers, especially the Elderly, handicapped people, people with difficulty walking, and those sensitive to the heat. Many elderly people will be.dropped off at the front door to save them a walk, if the front entrance is not clearly identified with signage this -may be difficult not only for them but for everyone shopping at Pearl. We feel that it is unreasonable'to put our customers through these physical hardships and have proposed this variance to alleviate these conditions with the results benefitting the public, Pearl and the City of South Miami. Please support us in this. Thank You, Pearl Art and Craft Supply Co. Inc. Farm A240 LIMITED POWER OF ATTORNEY (With Durable Provision) TO ALL PERSONS, be it known, that 1. R1C r}r:fLO kml - i of Sri oci L & Pi -A Y)41 lS L.. ro 1,14j; f-c as Grantor. do hereby make and grant a limited and specific power of attorney to T&-rglL I tR r - 0%LY�Y., and appoint and constitute said individual as my attorney-in-fact. My named anorneyin•fact shall have full power and authority to undertake. commit and perform only the following acts on my behalf to the same extent as if I had done so personally; all with full power of substitution and revocation in the presence: (Describe specific authority) f'tt_ L. 17,t.t_t - &> f N G - +AJ.,> �r�,tl r.t9 /r 4 - 1A7 -r-F4 -�o �Ctr} j /�✓Ci -r? ---cr n u Y o = 60 u.. -�- r1l A V4 i F--,. 411 P ht-nJ 1/ f3 tan!` r�r.t� 0 F I ran: Pke�(;XIr,S� /ror:cuaIVe- �Qcit flG2Nn l ra, VFKIR-NG5S V. L )'CEN�-:L =--Z; .. The authority granted shall include such incidental acts as are reasonably required or necessary to carry out and perform the specific authorities and duties stated or contemplated herein. My attorney-in-fact agrees to accept this appointment subject to its terms, and agrees to act and perform in said fiduciary capacity consistent with my best interests as my attorney- in•fact deems advisable. and I thereupon ratify all acts so carried out. I agree to reimburse my attomey.in.fact all reasonable costs and expenses incurred in the fulfillment of the duties and responsibilities enumerated herein. Special durable provisions: This power of attorney shall not be affected by disability of the Grantor. This power of anomey may be revoked by the Grantor giving notice of revocation to the attomey -in -fact, provided that any party relying in good faith upon this power of attorney shall be protected unless and until said party has either a) actual or constructive notice of revocation. or b) upon recording of said revocation in the public records where the Grantor resides. Other terms: ''/y* /j r%/rY)rTED v3'ttlt'72 9F g7-rakA. 6-V -w-f- 1, '5x1 /Z r, J'ur v / .1r 199�f Signed under seal this 9T'day of �/�- f 19 / Signed in the presence of: Witness Gra o ©.f /� 4•t''t3C1.11 -X f/C'J ' Wi ess Attorney. in -Fact State of Florida County of Mgde- On E19 04 before me. appeared Q t r- +kA R 1::i. t* A 2T personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isiam subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by histher /their signature(%) on the instrument the person(s), or the entity upon behalf of which the person( %) acted, executed the instrument. WTINESS my hand and offici // id al wall.n. Signature XCL+U L yl Y Affiant _t--"Known-Produced ID NOTARY PUBLIC STAYa OF RORIDA AT LAataa Type of ID MY COlA7A1SS.OM UPIUS JYMi 21. 1974 (Seal) 50ftHi THAU NUCXL%aLAAY i ASi0CLATttr O P.Z Lead Perna. Before you um this fonts. read it. fill in all blanks, and make whatever chanKt we rKCr+tary to your particular oat awma. Conan a lawyer if you doubt the forme firrteu for your purpose and ute. E•Z le %al Form rd the remlar make no re ""union or warranty. talamu or implied, with repeat to dw mm l mat ldy of elks form for an laleetlad ore or purpose. C (Recited ,spy) Nn. ZBant Mr v'r El Im 1> IU) BUILDING �RENownoNs for P 9 A R L AsTM & CRAFT- SL43'M CCWP-' AO Ar V(/, Aye N. 110 G c M CA Ir > 2 m Z m O v'r El Im 1> IU) BUILDING �RENownoNs for P 9 A R L AsTM & CRAFT- SL43'M CCWP-' AO Ar V(/, Aye N. I m C) > 4 16 m 110 G c a a Ir 2 Czn I m C) > 4 16 m 110 c a a '0 OLT •O r pn� SURVEY NOTES: 1. REPORODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND /OR RIGHTS -OF -WAY OF RECORD. 3. ELEVATIONS SHOWN HEREON ARE BASED ON THE ti NATIONAL GEODETIC VERTICAL DATUM OF 1929. C 4. BEARINGS SHOWN HEREON ARE RELATIVE TO fiXNIp1T A OF TITLE POLICY PROVIDED av CL.I fNT. r m �,v y ��o */J ^ h r` r` 0 fi o°° CIO � po 1-114 ? ,.61 P 4 �a• t cCO �t`` / .iii' •2., ,.T1 .4RC or WIa .°°... •SOQ• rn .. oae, rWAWOtA. 1• n or w ' or .0m ):-"nay w O.TOIRTa 0L n N A,I.. _A n er N c.rrnWtn or LOf4• IYp •• -•. t-0d --Ar- W 1■ Tor or n•' .•If t�' H. " . as W 0.1 a z n. 6.61 \ o boa ' �t� ✓'_. N V • 091 y cj w b 0 Nnl N Fln. Floor Cl � I lt ,o 10.10 APP. -•. W•W r Fn. Fla., �1 n. Flo.. i El. 19.49 1, 1. 10.41 s' I gv.o o.o l 0 cp �. e I � 10.4 _44ne "A" 120456 021 G G Doleo .12013 O i' y �91 a ��TtWCR O[SC71Irti0M >R�3F3LTPALN T1 ' SAIL[ PALM T7 '7' sAeL[ PALM /J1 TI e" SAILi PALM �OV TS "SAIL[ PALM .6 •S' SABLE PALM a raJ�i17C,�ao� �-Hl. 6T/w Itne I ��• r7 •r• SAIL[ PALM J(" .+ V J IAN) U`I SAIL[ PALM _ N SA L' PALM iJ / S.lin• o: Nw vA F �• �,a p_OJ I 8•a. a4.T.%46..R40Q �Ty�) lrl 710 '." SA[L[ FALM f �• L t ' 7" SA BL[ PALM L9BD OESCAIPT [OM• � ���..� ... -.. -L -.- Ttt '0 •• SABLE FA1M A PORTION !K THE BE 1/4 OF TIE SW 1/4 OF TIE NW 1/4 IN SECTION 36. TOWNSHIP T14 10" SAILS PALM 54 SOUTH. RANGE 00 EA6T. DARE COUNTY. FLORIDA SEINO INRE PANTICIA.ANLY Tt7 10• SAIL[ PALM DESCRIBED AS FOLLOWS: T16 17" SAIL[ PALM C➢DeE6GE AT THE INTERSECTION OF THE EASTERLY RIG LINE OF U.S. HIGHWAY 11 AND THE SOUTH LINE OF TIE SE 1/4 OF THE SW 1/4 OF THE NN 1/4 OF SAID SECTION 36: THENCE RUN NORTH 50.6'0' EAST ALONG THE SOUTHEASTERLY MIGHT- OF-/AY LINE OF U.S. HIGHWAY It FOR 416.96 FEET TO THE PUINT Z BECt1Eiti11j{j OP THE PARCEL OF LAND HEREINAFTER DESCRIBEO: THENCE CONTINUE NORTH 50.6'0" EAST ALONG SAID SOUTHEASTERLY RIGHT -OF -WY L1NE 0A' U.S. NIG+WAY SI FOR 150.00 FEET; THENCE RW SOUTH 39.57.0'• EAST AT A RIGHT ANGLE TO THE LAST OEBfitilEO COU116E FOR 193.00 FEET; THENCE NUN NORTH 50.3'0" EAST PARALLEL i0 SAID SOUTHEASTERLY RIGH/T-O .E LIME OF U.S. ORTH SO rl FOR 70.65 FEET; THENCE RIaW 6011TH FEET: TK0' ER FOR 41.75 FEET: 71ENCE RUN SOUTH SO.41.0" AND TISOFEET WEST OF THE EAGTU"L SOUTH THE'SA10 SE ALONG G A LINE PARALLEL LELTWITHH.W 1/0 OF SECTION 36 FOR 137.60 FEET: THENCE SOUTH 39.37'30" WEST ALONG THE NORTH RIOMT- OF-WAY LINE OF 0M115 ROAD. SAID LINE BEING 35 FEET NORTH CF ANG PARALLEL WITH THE SOUTH LIME OF SAID BE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 36 FOR 757.00 FEET: THENCE RUM NORTH 00.77.30' NEST AT RIGHT ANGLES TO THE LAST OEBOIIlED C011R![ FOI 73.54 FEET: THENCE RUN NORTH 50.3'0" EAST PARALLEL TO SAID BOUTIt4WTERLY RIGWT.-0F -WAY OF U.S. HIGHWAY It FOR 113.33 CERTIFICATE: FEET RUN 61ORTH 3r57.00- WEST FOR 175.00 FEET TO THE MINT 01, W8 BI'38BT CERTIFY THAT THIS I'S[EICli OF SURVEY" OF TO HEREON DE=IRED PROPERTY IS TRUE AND CORRECT TO THE BEST OF.OUR DgiU= AND BELIEF AS SURVEYED IN THE FIEIA UNDER OUR DIRECTION IN Nov¢rnyzcr . ''a . WE FURTHER CERTIFY TEAT TSIS SURVEY MEETS THE MIND M TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 21 HH4 OF THE FLORIDA ADKNISTRATIVE CODE. THERE ARE NO ABOVE GROUND CROACHMENTS ER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. � PREDAitED FORS Pearl i FOR THE FIRM BY: c..�r I .....�� AVID [ROUSE PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 4066 Dow a KR:m=_aAuod0u .InG DESCR/PTLOW R'oABttlalna/ Land Surwror>r 7914 Wiley Road r //������� �yy�� f_ AJ.1 E1fve +Tone ; O.M. R•F•rf.+ce C&W `T^kW, Florida 33067' 7!lVIWf Lf el DeN.I .�11f♦•CF (3057 34.4 -7994 DATE F.B /Pbj ( SCALE +" 40 M JOB Na. l q` 1• � 1-114 ? ,.61 P 4 �a• t cCO �t`` / .iii' •2., ,.T1 .4RC or WIa .°°... •SOQ• rn .. oae, rWAWOtA. 1• n or w ' or .0m ):-"nay w O.TOIRTa 0L n N A,I.. _A n er N c.rrnWtn or LOf4• IYp •• -•. t-0d --Ar- W 1■ Tor or n•' .•If t�' H. " . as W 0.1 a z n. 6.61 \ o boa ' �t� ✓'_. N V • 091 y cj w b 0 Nnl N Fln. Floor Cl � I lt ,o 10.10 APP. -•. W•W r Fn. Fla., �1 n. Flo.. i El. 19.49 1, 1. 10.41 s' I gv.o o.o l 0 cp �. e I � 10.4 _44ne "A" 120456 021 G G Doleo .12013 O i' y �91 a ��TtWCR O[SC71Irti0M >R�3F3LTPALN T1 ' SAIL[ PALM T7 '7' sAeL[ PALM /J1 TI e" SAILi PALM �OV TS "SAIL[ PALM .6 •S' SABLE PALM a raJ�i17C,�ao� �-Hl. 6T/w Itne I ��• r7 •r• SAIL[ PALM J(" .+ V J IAN) U`I SAIL[ PALM _ N SA L' PALM iJ / S.lin• o: Nw vA F �• �,a p_OJ I 8•a. a4.T.%46..R40Q �Ty�) lrl 710 '." SA[L[ FALM f �• L t ' 7" SA BL[ PALM L9BD OESCAIPT [OM• � ���..� ... -.. -L -.- Ttt '0 •• SABLE FA1M A PORTION !K THE BE 1/4 OF TIE SW 1/4 OF TIE NW 1/4 IN SECTION 36. TOWNSHIP T14 10" SAILS PALM 54 SOUTH. RANGE 00 EA6T. DARE COUNTY. FLORIDA SEINO INRE PANTICIA.ANLY Tt7 10• SAIL[ PALM DESCRIBED AS FOLLOWS: T16 17" SAIL[ PALM C➢DeE6GE AT THE INTERSECTION OF THE EASTERLY RIG LINE OF U.S. HIGHWAY 11 AND THE SOUTH LINE OF TIE SE 1/4 OF THE SW 1/4 OF THE NN 1/4 OF SAID SECTION 36: THENCE RUN NORTH 50.6'0' EAST ALONG THE SOUTHEASTERLY MIGHT- OF-/AY LINE OF U.S. HIGHWAY It FOR 416.96 FEET TO THE PUINT Z BECt1Eiti11j{j OP THE PARCEL OF LAND HEREINAFTER DESCRIBEO: THENCE CONTINUE NORTH 50.6'0" EAST ALONG SAID SOUTHEASTERLY RIGHT -OF -WY L1NE 0A' U.S. NIG+WAY SI FOR 150.00 FEET; THENCE RW SOUTH 39.57.0'• EAST AT A RIGHT ANGLE TO THE LAST OEBfitilEO COU116E FOR 193.00 FEET; THENCE NUN NORTH 50.3'0" EAST PARALLEL i0 SAID SOUTHEASTERLY RIGH/T-O .E LIME OF U.S. ORTH SO rl FOR 70.65 FEET; THENCE RIaW 6011TH FEET: TK0' ER FOR 41.75 FEET: 71ENCE RUN SOUTH SO.41.0" AND TISOFEET WEST OF THE EAGTU"L SOUTH THE'SA10 SE ALONG G A LINE PARALLEL LELTWITHH.W 1/0 OF SECTION 36 FOR 137.60 FEET: THENCE SOUTH 39.37'30" WEST ALONG THE NORTH RIOMT- OF-WAY LINE OF 0M115 ROAD. SAID LINE BEING 35 FEET NORTH CF ANG PARALLEL WITH THE SOUTH LIME OF SAID BE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 36 FOR 757.00 FEET: THENCE RUM NORTH 00.77.30' NEST AT RIGHT ANGLES TO THE LAST OEBOIIlED C011R![ FOI 73.54 FEET: THENCE RUN NORTH 50.3'0" EAST PARALLEL TO SAID BOUTIt4WTERLY RIGWT.-0F -WAY OF U.S. HIGHWAY It FOR 113.33 CERTIFICATE: FEET RUN 61ORTH 3r57.00- WEST FOR 175.00 FEET TO THE MINT 01, W8 BI'38BT CERTIFY THAT THIS I'S[EICli OF SURVEY" OF TO HEREON DE=IRED PROPERTY IS TRUE AND CORRECT TO THE BEST OF.OUR DgiU= AND BELIEF AS SURVEYED IN THE FIEIA UNDER OUR DIRECTION IN Nov¢rnyzcr . ''a . WE FURTHER CERTIFY TEAT TSIS SURVEY MEETS THE MIND M TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 21 HH4 OF THE FLORIDA ADKNISTRATIVE CODE. THERE ARE NO ABOVE GROUND CROACHMENTS ER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. � PREDAitED FORS Pearl i FOR THE FIRM BY: c..�r I .....�� AVID [ROUSE PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 4066 Dow a KR:m=_aAuod0u .InG DESCR/PTLOW R'oABttlalna/ Land Surwror>r 7914 Wiley Road r //������� �yy�� f_ AJ.1 E1fve +Tone ; O.M. R•F•rf.+ce C&W `T^kW, Florida 33067' 7!lVIWf Lf el DeN.I .�11f♦•CF (3057 34.4 -7994 DATE F.B /Pbj ( SCALE +" 40 M JOB Na. a raJ�i17C,�ao� �-Hl. 6T/w Itne I ��• r7 •r• SAIL[ PALM J(" .+ V J IAN) U`I SAIL[ PALM _ N SA L' PALM iJ / S.lin• o: Nw vA F �• �,a p_OJ I 8•a. a4.T.%46..R40Q �Ty�) lrl 710 '." SA[L[ FALM f �• L t ' 7" SA BL[ PALM L9BD OESCAIPT [OM• � ���..� ... -.. -L -.- Ttt '0 •• SABLE FA1M A PORTION !K THE BE 1/4 OF TIE SW 1/4 OF TIE NW 1/4 IN SECTION 36. TOWNSHIP T14 10" SAILS PALM 54 SOUTH. RANGE 00 EA6T. DARE COUNTY. FLORIDA SEINO INRE PANTICIA.ANLY Tt7 10• SAIL[ PALM DESCRIBED AS FOLLOWS: T16 17" SAIL[ PALM C➢DeE6GE AT THE INTERSECTION OF THE EASTERLY RIG LINE OF U.S. HIGHWAY 11 AND THE SOUTH LINE OF TIE SE 1/4 OF THE SW 1/4 OF THE NN 1/4 OF SAID SECTION 36: THENCE RUN NORTH 50.6'0' EAST ALONG THE SOUTHEASTERLY MIGHT- OF-/AY LINE OF U.S. HIGHWAY It FOR 416.96 FEET TO THE PUINT Z BECt1Eiti11j{j OP THE PARCEL OF LAND HEREINAFTER DESCRIBEO: THENCE CONTINUE NORTH 50.6'0" EAST ALONG SAID SOUTHEASTERLY RIGHT -OF -WY L1NE 0A' U.S. NIG+WAY SI FOR 150.00 FEET; THENCE RW SOUTH 39.57.0'• EAST AT A RIGHT ANGLE TO THE LAST OEBfitilEO COU116E FOR 193.00 FEET; THENCE NUN NORTH 50.3'0" EAST PARALLEL i0 SAID SOUTHEASTERLY RIGH/T-O .E LIME OF U.S. ORTH SO rl FOR 70.65 FEET; THENCE RIaW 6011TH FEET: TK0' ER FOR 41.75 FEET: 71ENCE RUN SOUTH SO.41.0" AND TISOFEET WEST OF THE EAGTU"L SOUTH THE'SA10 SE ALONG G A LINE PARALLEL LELTWITHH.W 1/0 OF SECTION 36 FOR 137.60 FEET: THENCE SOUTH 39.37'30" WEST ALONG THE NORTH RIOMT- OF-WAY LINE OF 0M115 ROAD. SAID LINE BEING 35 FEET NORTH CF ANG PARALLEL WITH THE SOUTH LIME OF SAID BE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 36 FOR 757.00 FEET: THENCE RUM NORTH 00.77.30' NEST AT RIGHT ANGLES TO THE LAST OEBOIIlED C011R![ FOI 73.54 FEET: THENCE RUN NORTH 50.3'0" EAST PARALLEL TO SAID BOUTIt4WTERLY RIGWT.-0F -WAY OF U.S. HIGHWAY It FOR 113.33 CERTIFICATE: FEET RUN 61ORTH 3r57.00- WEST FOR 175.00 FEET TO THE MINT 01, W8 BI'38BT CERTIFY THAT THIS I'S[EICli OF SURVEY" OF TO HEREON DE=IRED PROPERTY IS TRUE AND CORRECT TO THE BEST OF.OUR DgiU= AND BELIEF AS SURVEYED IN THE FIEIA UNDER OUR DIRECTION IN Nov¢rnyzcr . ''a . WE FURTHER CERTIFY TEAT TSIS SURVEY MEETS THE MIND M TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 21 HH4 OF THE FLORIDA ADKNISTRATIVE CODE. THERE ARE NO ABOVE GROUND CROACHMENTS ER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. � PREDAitED FORS Pearl i FOR THE FIRM BY: c..�r I .....�� AVID [ROUSE PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO. 4066 Dow a KR:m=_aAuod0u .InG DESCR/PTLOW R'oABttlalna/ Land Surwror>r 7914 Wiley Road r //������� �yy�� f_ AJ.1 E1fve +Tone ; O.M. R•F•rf.+ce C&W `T^kW, Florida 33067' 7!lVIWf Lf el DeN.I .�11f♦•CF (3057 34.4 -7994 DATE F.B /Pbj ( SCALE +" 40 M JOB Na. Ic o K� m � i �a S� ?�a b z .o r y1 tl -J wl N1� s c: 'J r a � J\ 4 � r J w Z o 0 4 t= N � \ Z � r V � N O � h N .n n m m Y � � z lt� f � 1 t I' K T K 2 O r a P r J 7 F� Q4 7 K " 4 V h � w — � J F� 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, May 31, 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, June 14, 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 -009 Applicant: Pearl Artist & Craft Supply Corporation Request: Variance from Section 20 -4.3 (I)(12) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. Legal Description: BEGIN AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 AND THE SOUTH LINE OF THE SE 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST; THENCE NORTHEASTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY A DISTANCE OF 416.96 FEET TO A POINT OF BEGINNING; THENCE SOUTHEASTERLY AT AN ANGLE OF 90 DEGREES, 00 MINUTES, 00 SECONDS FOR A DISTANCE OF 175 FEET; THENCE NORTHEASTERLY PARALLEL TO SAID HIGHWAY FOR A DISTANCE OF 150 FEET; THENCE NORTHWESTERLY AT AN ANGLE OF 90 DEGREES, 00 MINUTES, 00 SECONDS FOR A DISTANCE OF 175 FEET TO EAST RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE SOUTHWESTERLY ALONG EAST RIGHT OF WAY LINE OF SAID HIGHWAY FOR A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING, LYING AND BEING IN DADE COUNTY, FLORIDA; AND, ... Location: 6448 South Dixie Highway; South Miami, Florida 33143 (A commercial property located in "GR" General Retail) 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 .I r z MAWINO AVfA APPLICANT: PEARL AETIST + CRAFT OWNER: '..MLA AssociArreS MAP REFERENCE: � WIV 3 C+ , D %w lt P J COMMENTS : VARIAAici ;,t 5/60A&E, CITY ow- SOUTH 1AIAMI.r-- PLANNING.. DOARD 1.; 'I �\ x4vir�� a CompaC('1ss� Scale A.&J^0 Date.�//''�" Drn. Chkky...... Hearing No.W. + T. CITY OF SOUTH MIAMI ZONING PETITION Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: (305) 663 -6325; Fax #: (305) 666 -4591 PB-94 -009 Applicant: Pearl Artist & Craft Supply Corporation Request: Variance from Section 20-4.3 ( I)( 12 ) to permit a flat sign which does not face the address street on property located in the "GR" General Retail District. Location: 6448 South Dixie Highway; South Miami, Florida 33143 (A commercial property located in "GR" General Retail) 8 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)- �I� WMWM V Zoning Petition Page 1 of 1 r CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor & City Commission Date: June 8 1994 6/14/94 Commission Agenda From: /0&1, a�` m Re: Item # 6 Resolution regarding p g g City Mana er a landscaping exemption for Pearl Artist & Craft Supply Corporation, 6448 S. Dixie Hwy Back o „gr und: The site plan for development of the Pearl Artist & Craft Supply Corporation property at 6448 South Dixie Highway does not meet the Land Development Code, Section 20 -4.5, Landscaping Requirements, (B)(1)(a), because landscaped buffers contiguous to the neighboring Sound Warehouse property are narrower than required. The application was submitted for ERPB preliminary approval on December 21, 1993, and approved with a recommendation that the landscape strip adjacent to Sound Warehouse be increased from 2.5 feet to a width sufficient to allow landscaping including such trees as palms which would grow in that environment. The subsequent submissions included plan(s) which followed this and other ERPB suggestions and recommendations. Recommendation: I. Advantage to Ci1y: Reduction of the existing nonconformity by the provision of additional parking and landscaping as well as the decrease in the building volume. 2. Disadvantages to City: None. 3. Staff recommends approval of the exemption. 4. This exemption is pursuant to 20 -4.5 (C) of the adopted Land Development Code, and is consistent with the Comprehensive Plan. 5. The Environmental Review and Preservation Board voted 3:0 to recommend preliminary approval of the plan(s) on December 21, 1993, and on May 3, 1994. 6. The Building, Zoning and Community Development Director, due to the lack of quorum for the ERPB June 7, 1994 meeting,. reviewed the final application and approved it. L9 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR AN EXEMPTION FROM SECTION 20-4.5 (B)(1)(a) OF THE LAND DEVELOPMENT CODE TO PERMIT NARROWER LANDSCAPED BUFFERS THAN REQUIRED, PURSUANT TO SECTION 20- 4.5(C) "EXEMPTIONS", ON THE PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA, 33143, AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, Pat Oblak of Pearl Artist & Craft Supply Corporation has applied on behalf of Pearl Artist & Craft Supply Corporation and R. Hart of B -Mar Associates, property owner, for an exemption from Section 20-4.5 (B)(1)(a), to allow narrower landscaped buffers; and, WHEREAS, the property is located at 6448 South Dixie Highway, South Miami, Florida, 33143, and is legally described as follows: A portion of the SE 1/4 of the SW 1/4 of the NW 1/4 in Section 36, Township 54 South, Range 40 East, Dade County, Florida being more particularly described as follows: Commence at the intersection of the easterly right -of -way line of U.S. Highway #1 and the south line of the SE 1/4 of the SW 1/4 of the NW 1/ of said Section 36; thence run north 508'0" east along the southeasterly right -of -way line of U.S. Highway #1 for 416.96 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue north 50 0 8'0" east along said southeasterly right -of -way line of U.S. Highway #1 for 150.00 feet; thence run south 3952'0" east at a right angle to the last described course for 195.00 feet; thence run north 508'0" east parallel to said southeasterly right -of -way line of U.S. Highway #1 for 20.65 feet; thence run south 39019'9' east for 41.75 feet; thence run south 5041'0" west for 6.05 feet; thence run south 008'0" west along a line parallel with and 15 feet west of the east line of said SE 1/ of the SW 1/4 of the NW 1/4 of Section 36 for 152.80 feet; thence run south 8932'30" west along the north right -of -way line of-Davis Road, said line being 35 feet north of and parallel with the south line of said SE 1/4 of the SW 1/ of the NW 1/4 of Section 36 for 252.00 feet; thence run north 00"27'39' west at right angles to the last described course for 23.54 feet; thence run north 508'0" east parallel to said southeasterly right - of -way of U.S. Highway #1 for 113.38 feet; thence run north 3952'0" west for 175.00 feet to the Point of Beginning. WHEREAS, on December 20, 1993, and on May 3, 1994, the Environmental Review & Preservation Board voted that this application be preliminarily approved (3 -0); and, 4 WHEREAS, the Building, Zoning & Community Development Department Director approved the application upon evaluating the application for consistency with the Land Development Code; and, WHEREAS, the Mayor and City Commission accept the recommendation of the Environmental Review & Preservation Board and of the Building, Zoning & Community Development Department Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application of Pearl Artist & Craft Supply Corporation for an exemption from Section 20-4.5 (B)(1)(a) to permit narrower landscaped buffers along the neighboring Sound Warehouse property at the above - described commercial property is approved. Section 2. The landscaped buffer along the side property line, perpendicular to South Dixie Highway, against the rear wall of the neighboring Sound Warehouse building shall be four (4) feet wide, and the landscaped buffer along the side property line, between Sound Warehouse property and perpendicular to SW 80 Street, shall be five (5) feet wide. Section 3. Landscaping of the property shall be provided as indicated on the approved plan, sheet A -6, dated 5- 26 -94, Leo Salomon Architects & Associates, Inc., Ft. Lauderdale, Florida. A copy of the plan is on file with the BZCD Department. PASSED AND ADOPTED this 14th day of June, 1994. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 4 APPROVED: MAYOR To: From c = CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM William F. Hampton �i Manager l4 a n' 1VIim , AICP Director of Building, Zoning & Community Development Dept Date: June 8, 1994 Re: Request for Exemption from buffer requirements at the Pearl Artist & Craft Corporation property at 6448 S. Dixie Hwy. The plans for the building, parking and landscaping of the Pearl Artist & Craft Corporation facility at 6448 S. Dixie Hwy. have been reviewed and approved by me. The lack of quorum for the ERPB meeting on June 7, 1994 precipitated my review and resultant decision in accord with Section 20 -6 (C)(4)(c) of the Land Development Code. The plans are in substantially in accord with the previous preliminary approvals by ERPB on December 21, 1993 and May 3, 1994. The submitted plans followed ERPB suggestions and recommendations, including the design of the parking area which provides landscape buffers towards the neighboring Sound Warehouse property. These landscaped buffers do not meet the width requirements of the Land Development Code, Section 20 -4.5, Landscaping Requirements, (B)(1)(a). However, considering that the existing nonconformities both for parking and building volume have been reduced by the new design, this application is recommended for approval pursuant to Section 20-4.5 Landscaping Requirements, (C) Exemptions. This Section is as follows: Where the requirements of this Section relate solely to the improvement or expansion of existing vehicular use areas or the changing or expansion of existing uses or structures and where certain requirements are considered by the Environmental Review and Preservation Board to be either impossible or impractical to comply with without removing significant portions of an existing use or structure or substantially reducing the number of required parking spaces, then exemptions from such requirements may be granted by the City Commission. The attached June 7, 1994 memorandum from Slaven Kobola explains in detail the sound reasons for this exemption which is recommended for approval by the City Commission. attachment CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Dean Minims, AICP Date: June 7, 1994 Director of Building, Zoning & Community Development Dept From: Slaven Kobola� Planner �- Re: Pearl Artist & Craft Supply Corporation, 6448 S. Dixie Hwy, Landscaping Exemption Pearl Artist & Craft Supply Corporation submitted plans for development of its facility at 6448 S. Dixie Hwy. for final approval after preliminary approvals by ERPB on 12/21/93 and 5/3/94. ERPB approved the preliminary submission on 12/21/93 with suggestions, including the one which stated that the landscape strip against the back wall of the Sound Warehouse be increased from 2.5 feet to a width sufficient to allow landscaping including such trees as palms which would grow in that environment. The subsequent submissions included plan(s) which followed this and other ERPB suggestions and recommendations. Notwithstanding, the final site plans show the parking area which does not meet the Land Development Code, Section 20 -4.5, Landscaping Requirements, (13)(1)(a), which states that "The perimeter of all vehicular use areas shall be landscaped with a buffer strip of not less than five (5) feet in width, except for those portions abutting structures, where the buffer shall be not less than two and one -half (2.5) feet in width." The four (4) foot wide landscape buffer towards the neighboring Sound Warehouse property is provided where not less than five (5) feet in width shall be provided, and a five (5) foot buffer is provided where six and half (6.5) feet is required. Such a reduction of buffers is caused by definite dimensional restrictions resulting from the non - movable bearing walls of the existing structure which remained after the removal of the structure formerly occupied by Waterbed City. To disallow the reduction in landscaped buffer width would cause a loss of 15 parking spaces or a reduction in required driveway width with either being to the extent of creating otherwise non - existent deficiencies with respect to Code requirements. I believe that a provision of additional parking spaces, total of 15, which otherwise meet all requirements of the Code except the widths of required buffers, is much more beneficial than full -size buffering. This is even more supportable considering that the proposed buffers include trees and plantings as required by the Code. Considering the specifics of this case, staff suggests that this application be addressed according to Section 20-4.5 Landscaping Requirements, (C) Exemptions, which states: "Where the requirements of this Section relate solely to the improvement or expansion of existing vehicular use areas or the changing or expansion of existing uses or structures and where certain requirements are considered by the Environmental Review and Preservation Board to be either impossible or impractical to comply with without removing significant portions of an existing use or structure or substantially reducing the number of required parking spaces, then exemptions from such requirements may be granted by the City Commission." P. Environmental Review & Preservation Board June 7, 1994 - 9:00 a.m. Cancelled - no quorum. Review by Dean Mimms, BZCD Director EB -94 -042 SIGN (Commercial) Stanley Wieder 6115 South Dixie Highway Detached box sign, 51x7', painted black, grey and burgundy, to be mounted on the existing pole. The existing pole, approx. 13' from the front property line, will be cut to 7' to allow sign to be installed. APPROVED BY BZCD DIRECTOR Conditions: none * * * * * * * * ** EB -94 -043 NEW SINGLE FAMILY RESIDENCE Maria & Nelson Castellanos 5625 SW 60 Avenue Residence, one story, 3 bedroom, 2 -car garage. APPROVED BY BZCD DIRECTOR Conditions: none * * * * * * * * ** EB -94 -044 EXTERIOR RENOVATION - PAINTING (HOSPITAL PUD) South Miami Hospital 6200 SW 74 Street Repaint the existing buildings and accents to peach, cream and light blue to match the remainder of buildings already painted under the new color scheme. APPROVED BY BZCD DIRECTOR Conditions: none * * * * * * * * ** EB -94 -040 NEW SINGLE FAMILY RESIDENCE 3B Investment & Development Corp. 8450 Red Road Preliminary approval by BZCD Director, 5/17/94. Driveways have to be approved by Dade County Public Works. Drawings for the fence not submitted. Pool and deck (rear yard) not a part of this proposal. APPROVED BY BZCD DIRECTOR Conditions: none 4 EB -93 -226 REMODELING & SIGNAGE (Commercial) PEARL Arts & Craft 6448 S. Dixie Hwy. Remodelling, including a demolition of the building formerly occupied by Waterbed City and redesign of parking, including the addition of parking area in place of the building which is to be demolished. Preliminary approval by ERPB, 12/21/93 with suggestions: (1) that the landscape strip against the back wall of the Sound Warehouse be increased to 4' width with landscaping including such trees as palms which would grow in that environment; (2) that the front facade of the building facing the highway be re- studied to include windows centered on the spaces between the applied pilasters; ( 3 ) the door be concealed but retained; ( 4 ) that the facade facing the parking lot and the Sound Warehouse where the main entrance is located be re- studied to include a canopy for protection of the public and also an architectural emphasis on the entrance with the return around the corner of the treatment of the pilasters and spaces between the pilasters to include some type of showcase displays; (5) that the signage on the building be studied in regards to using channel letters and that the free - standing sign be relocated and resized in accordance with the Code and the new sign copy be presented; (6) that the facade facing 80th Street be allowed to have a mural subject to verification of the mural vs. signage requirements; (7) that the swale in front of the building be allowed to be planted with an agreement between the City and the owners for planting material. Preliminary approval by ERPB, 5/3/94 with suggestions: 1) That the inside of the arches and space below the windows, and below the awnings, be treated with a medium gray, slightly darker than the facade and slightly lighter than the trim; 2) That a color band(s) be included around the parts of the building facing the parking lot and SW 80 Street, and said color band(s) be submitted to ERPB for approval; 3) That the sign facing the parking lot, realizing that it does not comply with signage code /ordinance, be allowed subject to variance approval. APPROVED BY BZCD DIRECTOR Conditions: none * * * * * * * * ** EB -94 -008 FENCE (Residential) Enrique & Carla Neufeld 6851 Sunset Drive Front fence, 6' high: 4' CBS wall with decorative ironwork on top; two 10' gates, approved by ERPB, 1/18/94, with condition "that the color of the fence and details of the wall such as tiles; wrought iron; light fixtures be brought back to the Board at the time when they are ready to be done." This application relates to the above conditions. APPROVED BY BZCD DIRECTOR Conditions: none 6 M = N U 'T E S Environmental Review & Preservation Board May 3, 1994 - 9:00 a.m. I. CALL TO ORDER. II. ROLL CALL. PRESENT ABSENT S. Wilson J. Shaw S. Wolfsohn J. Hochstim Also present: S. Kobola, Planner; D. Struder, Board Secretary. III. REQUESTS FOR APPROVAL: 1. EB -94 -034 EXTERIOR RENOVATION (Commercial) Applicant: CITGO / Ramon Antonio Perez / Alamo Petroleum Contractors Address: 6180 SW 72 Street Note: New canopy, new paint ( CITGO beige) , dispenser islands, and conversion of car service bays into sales area. Denied by ERPB, 4/5/94, due to "incompatibility of canopy with remodeling of existing building; existing building has serious flaws in it regarding changes, specifically, placement of windows, removal of brick, removal of windows, and lack of articulation with facade." This is a new application. Mr. Ramon A. Perez and Mr. Alfred Newman signed in as representatives. The Board examined the drawings. Mr. Hochstim reiterated the Board's 4/5/94 decision, that either a modern look be achieved or a traditional structure be retained. He commented that the gabled roof had been eliminated from the drawings, and a % flat parapet is now planned. Mr. Hochstim indicated that it would be necessary to show roof and wall connection in drawings, which current plans do not include, particularly if gabled roof is to be eliminated. Also, Mr. Hochstim indicated that a drainage system is not shown in current drawings. Therefore, preliminary consideration may only be granted at this time. Motion: Mr. Hochstim moved approval on a preliminary basis, with submission of drawings showing further details, i.e., how canopy is achieved, how existing roof is concealed, to be forthcoming. 1 4 Ms. Wolf sohn seconded the motion, noting that the traditional structure would have been worthy of preserving. Vote: Approved: 3 Opposed: 0 Upon discussion and clarification with Mr. Kobola, Mr. Hochstim retracted earlier motion to allow for expeditious approval of the project. Second Motion: Mr. Hochstim moved approval on a final basis, subject to submission of architectural and engineering details of section showing roof concealment. Ms. Wolfsohn seconded this motion, again noting that traditional structure may have been worthy of saving. Vote: Approved: 3 Opposed: 0 Also, Mr. Kobola suggested that final submission clearly indicate color pattern of the facade. 2. EB -93 -226 RElKODELING & SIGNAGE (Commercial) - PRELIMINARY Applicant: PEARL Arts & Craft Address: 6448 S. Dixie Hwy. Note: Preliminary approval by ERPB, 12/21/93, with suggestions. This application incorporates the previously suggested, as well as other changes, including a new freestanding sign design (S. Dixie Hwy. side). Ms. Pat Oblak and Mr. Luis Romundo signed in as representatives. The Board examined the drawings. The Board and Ms. Oblak discussed updated drawings which are based on prior ERPB suggestions. Mr. Hochstim suggested that a darker tone, perhaps medium gray, be used inside the arches and below the windows. The Board and representatives further discussed earlier ERPB suggestions, as listed on the appendix (attached to agenda). In reference to mural vs. signage requirements, the Board and representatives discussed viable alternatives involving temporary signage, until a mural can be verified and approved. Mr. Kobola explained that signs are not allowed on facades that do not face the street, such as those on a facade facing a parking lot between two streets. Mr. Kobola further explained that signage vs. facade treatment would have to be clarified and approved by Building & Zoning Department. He suggested that application can be made with the Department as first step for variance approval of signage. Motion: Mr. Hochstim moved approval, as a preliminary submission, with the following suggestions: 1) That the inside of the arches and space below the windows, and below the awnings, be treated with a medium gray, slightly darker 2 4 than the facade and slightly lighter than the trim; 2) That a color band(s) be included around the parts of the building facing the parking lot and SW 80 Street, and said color band(s) be submitted to ERPB for approval; 3 ) That the sign facing the parking lot, realizing that it does not comply with signage code /ordinance, be allowed subject to variance approval; ERPB further suggests that this sign would be beneficial to the City by providing for public orientation, thereby enhancing the environment of the immediate area. Ms. Wolfsohn seconded the motion, adding that the sign and entrance are very important in that they provide convenient access to the visiting public. Vote: Approved: 3 Opposed: 0 IV. APPROVAL OF THE MINUTES OF APRIL 19, 1994. Mr. Hochstim moved approval of the Minutes of April 19, 1994. Ms. Wilson seconded the motion. Vote: V. REMARKS. Approved: 3 Opposed:'0 VI. ADJOURNNENT. Chairperson 4 Secretary 3 Carlos Betencourt signed in. Following discussion, Mr. Jesmer moved to approve the application, motion seconded by Ms. Wolfsohn. Vote: rr Approved: 3 Opposed: 0 4. EB -93 -225 PAINTING (Commercial) Applicant: Selma Sorkin Address: 5950 SW 74 Street. Note: Change of colors: pink, grey trim, white balconies. Someone from the painting contractor signed in representing the applicant without identifying himself on the sign -in sheet. The Board examined the proposal, following which, Ms. Wolfsohn moved for approval, seconded by Mr. Hochstim. Vote: Approved: 2 Opposed: 1 (Jesmer) Ms. Wolfsohn added to her motion that the Board is concerned about the paint adhering to the mansard roof. 5. EB -93 -226 REMODELING & SIGNAGE (Commercial) - PRELIMINARY Applicant: PEARL Arts & Craft Address: 6448 S. Dixie Hwy. Leo Solomon signed in representing the applicant. The Board reviewed the proposal at length, following which Mr. Hochstim moved for preliminary approval with the following suggestions for the final presentation; (1) that the landscape strip against the back wall of the Sound Warehouse be increased to 4' width with landscaping including such trees as palms which would grow in that environment; (2) that the front facade of the building facing the highway be re- studied to include windows centered on the spaces between the applied pilasters; (3) the door be concealed but retained; (4) that the facade facing the parking lot and the Sound Warehouse where the main entrance is located be re- studied to include a canopy for protection of the public and also an architectural emphasis on the entrance with the return around the corner of the treatment of the pilasters and spaces between the pilasters to include some type of showcase displays; (5) that the signage on the building be studied in regards to using channel letters and that the free - standing sign be relocated and resized in accordance with the Code and the new sign copy be presented; (6) and the facade facing 80th Street be allowed to have a mural subject to verification of the mural vs. signage requirements; (7) that the swale in front of the building be allowed to be planted ERPB Minutes 2 12/21/93 with an agreement between the City and the owners for planting material. Motion seconded by Ms. Wolfsohn. Vote: Approved: 3 Opposed: 0 6. EB -93 -227 NEW S.F. RESIDENCE Applicant: Dorothy Rogers Address: 5943 SW 62 Street Note: Features the Master Model proposed by United Methodist Church for the reconstruction of demolished homes as a result of Hurricane Andrew. According to applicant, approved by Metro -Dade to be used on an infill basis. Jerome Gafkovitch, architect, signed in representing the United Methodist Church explaining that the church has a Miami District Disaster Response, made up of volunteers, resulting from Hurricane Andrew. This is a project of this organization. Mr. Jesmer made a motion the approve the application. Motion seconded by Mr. Hochstim. Vote: Approved: 3 Opposed: 0 7. EB -93 -197 SIGNAGE (Commercial) Applicant: Jorge Aguero Address: 5804 SW 40 Street (Bird Road) Note: Change of two of three signs approved by ERPB, 11 -2 -93. There was no representative present. Motion to approve made by Mr. Jesmer. Motion seconded by Mr. Hochstim. Vote: 8. Approved: 3 Opposed: 0 EB -93 -228 EXTERIOR RENOVATION (Residential) Applicant: Roberto Ferrer Address: 6841 SW 78 Terrace Note: _Plastering the wooden house. There was no representative present. Mr. Hochstim moved to defer this application because of lack of information. Motion seconded by Ms. Wolfsohn. Vote: ERPB Minutes Approved: 3 Opposed: 0 3 12/21/93 To: From: r. _ C = TY OF S OUTH M2A.M2 INTER - OFFICE MEMORANDUM Mayor and City Commission ,"William F. amIpton City Manager Backaround: Date: June 10, 1994 Agenda Item 17 Re: Comm. Mtg. 6/14/94 Donation of Surplus Police Equipment to Miami -Dade School of Justice. The Miami -Dade School of Justice provides local Police Departments both in- service and recruit training. This past year the Police Department upgraded the light bars carried on the roof top of marked police cars. As a result, the surplus bars have been offered at second -hand prices to other police departments throughout Florida. The School of Justice has requested that we donate one surplus light for training purposes. Recommendation: 1- Advantage to City: - By this donation the City will be assisting the agency that trains our Police Officers. 2- Disadvantages to City: None 3- The City Manager recommends approval of the Resolution. 4- This Resolution is required when donating surplus equipment. WFH:er Attachment RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO DONATE ONE OF NINE OVERHEAD STREETHAWK BRAND POLICE VEHICLE LIGHT BAR TO MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION. NINE OVERHEAD STREETHAWKS LIGHT BARS ARE CURRENTLY IN SURPLUS STORAGE AND ARE ADVERTISED FOR SALE IN THE FLORIDA POLICE CHIEF'S MAGAZINE FOR $150 PER UNIT. WHEREAS, the Police Department changed to a different style of streethawk light bars for Police vehicles; and WHEREAS, the Police Department's has for sale, nine streethawk light bars that are approximately four years old; and WHEREAS, Miami Dade Community College's School of Justice and Safety Administration has requested the City of South Miami to donate one of the nine streethawk that the Police Department has advertised for sale. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the Mayor and City Commission of the City of South Miami do hereby endorse and authorize the City Administration to donate one streethawk light bar to Miami Dade Community College's School of Justice and Safety Administration, for the 7 process of upgrading its fleet of vehicles used for both basic and in- service training. PASSED AND ADOPTED this day of June, 1994 ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney APPROVED: Neil Carver Mayor It:huul ul IuNlicc and Galen .Wministrnun, 7nlice and Corrections 1'raininu 1wutuiC. i 1 80 N.1 \'. 2- .1tc'rtttc f %liarni. Pi. s 41(,- .; of 4f)i1 2i —'I I(I(1 r.\X (30i) 23-•1OS- LM Miami -Dade COMMUNITY COLLEGE North Campus .—., �^ � � • ^� ^^ Imo\ April 14, 199 Chief Perry Turner ` South Miami Police Dept. 6130 Sunset Drive South Miami, FL 33143 /f Dear Chief Turner: In reading the latest edition of the Florida Police Chief's Magazine, I noticed that the South :Miami Police Dept. was advertising to sell STREETHAWK light bars. The School of Justice and Safety administration is in the process of upgrading its fleet of vehicles used for both Basic and In- Service training. We are presently in need of light bars for our vehicles. If you and the City of South Miami could see fit to donate at least one "STREETHAWK ", it would be a significant assist to our program. I hope consideration KG:im you will be able to give this request , and I look forward to hearing from you. Sincerely, positive r- James D. Stinchcomb Director r FOR SALE THE CITY R MY IS O5MIAMI LICE ING 1T: Nine STREETHAWK light bars, red left, bl entehi- :h takedown, lights. edown, alley and rear alternating -s are onlY One aargold-, light ba seare approxtimatelyy four years old. All .vere functional at time of removal to different style STREETHAWK light due agency's change up from South Miami Police WHERE-May be picked � Department, 6130 Sunset Drive, Feldman, (305) 1663.63153 WHO: Contact Captain Greg for information. PRICE:5150 per unit. April 1994 • T cc: Capt. Greg Feldman South Miami Police Dept. 4.009 CV / In 9 �L TO: Mayor and Cit City of South Miami INTER -- OFFICE MEMORANDUM ssion DATE: June 10, 1994 �i Agenda Item #8 FROM' am F." Ha ton SUBJECT: Comm. Mt g . 6/14/94 City Manager Program /TEC Contract Second -Year Funding Title II -C (17 -21 yrs.) BACKGROUND; The attached Resolution will authorize Administration to execute a Title II -C Contract in the amount of $90,000 with the Training and Employment Council for continued funding of the Career Counseling Program. At no cost to the City, this submission will continue funding of staff, facilities, and equipment necessary for program operations. This Contract adds a second Case Manager, to the present configuration. This staffing will allow the Program to maintain the quality service underway and increase the number of participants to be served. The proposal would provide funding for one -year beginning July 1, 1994 through June 30, 1995. Primary objectives of the project are: 1 - To assist in developing skills necessary for successful entry into the job market. 2 - To facilitate job placement. 3 - To assist those willing to further their education. 4 - To provide peer support groups. 5 - To elicit private sector support in the form of volunteers, job opportunities, and related equipment. 6 - First year statistics: - 39 enrolled - 71 Total recruitment contacts 0 1 F RECOMMENDATION: 1 - Advantage to City: Will allow the Program to continue its endeavor by providing full staffing and services to maintain the scope and impact. Funding of this proposal will allow continued recruitment, counseling, and case management services with appropriate staff and facilities. The Program will permit the City to continue to seek -out the unemployed and under - employed for job training and placement. 2 - Disadvantage to City: None 3 - Staff recommends approval 4 - This Resolution is required by Dade County in order for the Federal funds to be awarded. WFH:ec Attachment - - -I _.. _'__ - -- -._ REGULAR CITY CONEVUSSION MEETING JUNE 14, 1994 The Regular City Commission meeting of June 14, 1994, was called to order at 7:30 P.M. by Mayor Carver. Those attending were: Mayor Carver Vice -Mayor Young Commissioner Bass Commissioner Cooper Commissioner Cunningham Also in attendance were: City Manager Hampton, Administrative Assistant Claudio, Finance Director Oshikoya, Building, Zoning & Community Development Director Mimms, Career Youth Counselling Administrator Pratt, Recreation Director Cowen, Police Chief Turner, Public Works Director Patterson, Planner Mackey, City Attorney Gallop and City Clerk Wascura. After the Invocation by Reverend Orjuna of Church of God in Christ, Mayor Carver presented awards to the following: Susie Wolf sohn, a Certificate of Appreciation, for her work on Dade Heritage Days "Picnic in the Park ". Lee Lawrence, a Certificate of Appreciation for playing the part of Charlie Chaplin at the Silent Film Festival which was part of the Dade Heritage Days "Picnic in the Park ". South Miami Fraternal Order of Police (FOP) for barbecuing hot dogs and hamburgers at "Picnic in the Park ". Mayor Carver announced the Summer break of the Commission is now in effect. The next meeting will be July 19th, then July 26th. The regular first and third Tuesday schedule begins again at the meeting of August 2nd. Only July 7th, at 7:00 P.M. in the City Commission Chambers there will be a workshop and presentation by the new owner of he Bakery Centre. All are invited to attend. This meeting will be televised, also. * *This was later rescheduled for July 12th. The dedication of the new police facility will be on Friday, July 8th (ribbon cutting) and an open house on Saturday, July 9th. Mayor Carver noted that this facility was renovated with funds from the Police Forfeiture Fund and all are invited to attend the open house. 1 Charrette Too, for the area north of Sunset Drive, be held in July and the presentation by Dover Kohl & Partners of the ideas presented at the Charrette Too will be on Monday, July 25th, 1994, at 7:30 P.M. in the Commission Chambers. APPROVAL OF MINUTES Moved by Commissioner Cooper, seconded by Commissioner Bass, the minutes of June 7, 1994, be approved as read. Moved by Commissioner Cooper, seconded by Commissioner Bass, that page 7, item #9, be amended to reflect vote and page 9, under REMARKS, reflect that the comments were made by Commissioner Cunningham. Motion on amendment passed 5/0: Mayor Carver, yea; vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Motion on minutes, as amended, passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. CITY MANAGERrS REPORT 1) City Manager Hampton announced that the Police Department has moved to their new facility and will no longer occupy the Sylva Martin Building. 2 ) The Charrette Too Committee has asked to place a banner on the South Miami Hospital Bridge and a banner on the Metrorail Station if there are not any objections by the Commission. No objections were voiced. 3) The Florida Department of Agriculture announced that the City of South Miami has been approved for a $25,000 grant to take a tree inventory of the City. This will include aerials. After the survey is done, the City will request dollars for actual tree replacement. Next week will begin the planting of 30,000 trees that were covered by FEMA funds. Mayor Carver thanked the gentleman who wrote the grants for the City, Bill Pratt, who also administer the youth career counseling program. 2 CITY ATTORNEY'S REPORT 1) City Attorney Gallop stated that he has been working on a number of items including title documents on two pieces of property and 1 set of restrictive covenants. In addition, 1st amendment issues have surfaced with regard to any anti - litter ordinances of the City and if they would affect commercial speech matter being delivered by the Miami Herald to residents as long as the material is properly packaged. Mayor Carver asked if the same rules would apply if the material is not being delivered by a newspaper. City Attorney Gallop responded in the affirmative and explained that while there can be regulations to meet objective of local governments but these objectives must be reasonable and not a total prohibition of distribution of commercial literature. Mayor Carver noted that the City had passed the anti - litter ordinance because there was concern with litter in front yards and when the material was placed on the doorknobs, it gave the appearance that no one was at home. These were legitimate concerns and this should be evaluated to see if 1st Amendment issues affect distribution of material to private residents. Mayor Carver asked the City Attorney to review the newsrack ordinance also. There was discussion with regard to the constitutionality of the regulations and the City made some amendments. City Attorney Gallop reported that Community Newspapers has stated their opinion that the City's newsrack ordinance is illegal as it applies to them. ADDITION TO CITY MANAGER'S REPORT Mr. Hampton stated that the Red /Sunset Merchants is providing a banner for the City to hang over Sunset Drive to announce the activities for the Fourth of July celebration. This will be done if there aren't any objections from the Commission. No objections were voiced. FROM THE FLOOR Moved by Mayor Carver, seconded by Commissioner Bass and Commissioner Cooper, that the following resolution be added to the agenda: 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $6,647.13 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY LEIBOWITZ AND ASSOCIATES, P.A. REGARDING THE CITY'S CABLE TELEVISION FRANCHISE RENEWAL REQUEST AND FOR ADVICE REGARDING FEDERAL TELEVISION STATUTES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 -3420 ENTITLED "CONSULTANT - CABLE TV FRANCHISE ". Motion to add resolution passed 5/0: Mayor Carver, yea; Vice - Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. ORDINANCES - SECOND READING AND PUBLIC HEARING: #4 ORDINANCE NO. 9 -94 -1558 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION AMENDING SUBSECTION 4 -2 (A) OF THE CODE OF ORDINANCES PROVIDING DISTANCE REQUIREMENTS PERTAINING TO THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES TO ELIMINATE THE 500' DISTANCE REQUIREMENT BETWEEN NIGHTCLUBS, BARS AND LOUNGES AND THE 300' DISTANCE REQUIREMENT BETWEEN RESTAURANTS IN RETAIL AND COMMERCIAL ZONING DISTRICTS OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved by Mayor Carver, seconded by Vice -Mayor Young and Commissioner Cunningham, this be considered the second and final reading of the ordinance and it be adopted and assigned the next number by the City Clerk. Mayor Carver deemed public hearing in session. No one wished to speak and the public hearing was deemed closed. Building, Zoning & Community Development Director Mimms noted that the Staff had recommended approval and the Planning Board had recommended approval with an amendment as in the attachment: "The spacing between residential properties and restaurants, bar /lounge and nightclub does not apply within the Hometown District, as well as adjacent residential property outside of the Hometown District." 4 Amendment was moved by Mayor Carver, seconded by Vice -Mayor Young and Commissioner Cooper. Mayor Carver spoke in favor of the ordinance stating that really was not a valid reason to have a distance requirement between those establishments that serve alcoholic beverages. As far as the concern as to whether or not they would all be next to each other, the marketplace dictates and those that are superfluous do not survive. Commissioner Bass stated that restriction in areas other than in the RS -3 District should be considered as there are people who live in apartments and they should have the same distance requirements between them and bars and lounges as the single family residential homes. For that reason she would not be in favor of this amendment for the entire RS -3 District while. Mayor Carver noted that one goal of the Hometown District is for the amenities to be within walking distance of residences so that people can take care of their needs without the use of a car. Commissioner Bass said she has no problem with amending the distance requirements for restaurants, but not for bars, nightclubs and lounges as they are amenities that create late -night noise in the area where people are living. Commissioner Cooper explained the reason for the amendment stating that without it if restaurants already in place move out, they could not be replaced with another restaurant because of the distance requirement. Commissioner Bass said that she will support the amendment in order not to pose a problem to restaurants. Motion on amendment passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Ordinance passed 4/1: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea; Commissioner Bass, nay. 5 RESOLUTIONS FOR PUBLIC HEARING #5 RESOLUTION NO. 63 -94 -9464 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A REQUEST FOR A VARIANCE PURSUANT TO SECTION 20 -4.3 (I) (12) OF THE LAND DEVELOPMENT CODE TO PERMIT A FLAT SIGN WHICH DOES NOT FACE THE ADDRESS STREET ON PROPERTY LOCATED IN THE "GR" GENERAL RETAIL ZONING DISTRICT AND SPECIFICALLY LOCATED AT 6448 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA. Moved by Commissioner Cooper, seconded by Vice -Mayor Young and Commissioner Bass, the resolution be adopted and assigned the next number by the City Clerk. Mayor Carver deemed public hearing in session. Ms. Patricia Oblak, General Manager of South Miami Pearls, addressed the Commission stating that the sign, with placement as proposed, will show direct route into the store without traffic backing up on US 1. The application received unanimous approval by the Environmental Review & Preservation Board and by the Planning Board. Building, Zoning & Community Development Director Mimms noted that the staff has recommended approval and Planning Board has voted 5/0 in favor of the request. Commissioner Cooper asked if the request meets the criteria of a hardship. City Attorney Gallop responded in the affirmative. Motion on resolution passed 5/0: Mayor Carver, yea Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. RESOLUTIONS #6 RESOLUTION NO. 64 -94 -9465 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A REQUEST FOR AN EXEMPTION FROM SECTION 20 -4.5 (B)(1)(a) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PERMIT NARROWER LANDSCAPED BUFFERS THAN REQUIRED PURSUANT TO SECTION 20- 4.5(C) "EXEMPTIONS" ON THE PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA, 33143 AND PROVIDING A LEGAL DESCRIPTION. 2 Moved by Commissioner Cunningham, seconded by Vice -Mayor Young and Commissioner Bass, the resolution be adopted and assigned the next number by the City Clerk. Building, Zoning & Community Development Director Mimms stated he has recommended approval; no ERPB hearing is necessary. There is a provision in the Land Development Code for the requested exemption when to have the required buffer would reduce the parking spaces and driving lane. Motion on resolution passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. #7 RESOLUTION NO. 65 -94 -9466 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO DONATE ONE OF NINE OVERHEAD STREETHAWK BRAND POLICE VEHICLES LIGHT BARS TO MIAMI DADE COMMUNITY COLLEGE SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION. NINE OVERHEAD STREETHAWK LIGHT BARS ARE CURRENTLY IN SURPLUS STORAGE AND ARE ADVERTISED FOR SALE IN THE FLORIDA POLICE CHIEF'S MAGAZINE FOR $150. PER UNIT. Moved by Commissioner Bass, seconded by Commissioner Cooper, the resolution be adopted and assigned the next number by.the City Clerk. Motion passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. #8 RESOLUTION NO. 66 -94 -9467 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT UNDER TITLE II -C WITH SOUTH FLORIDA TRAINING AND EMPLOYMENT COUNCIL IN THE AMOUNT OF $90,000 TO RECRUIT AND CASE MANAGE 30 YOUTHS (17 YEARS TO 30 YEARS OF AGE) BEGINNING JULY 1, 1994, THROUGH JUNE 30, 1995, FOR THE CITY'S CAREER COUNSELING PROGRAM. Moved by Vice -Mayor Young, seconded by Commissioner Bass and Commissioner Cunningham, the resolution be adopted and assigned the next number by the City Clerk. Motion passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. FrA #9 RESOLUTION NO. 67 -94 -9468 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT UNDER TITLE II -A WITH SOUTH FLORIDA TRAINING AND EMPLOYMENT COUNCIL IN THE AMOUNT OF $63,000 TO RECRUIT AND CASE MANAGE 21 ADULTS (22 YEARS OF AGE AND OLDER) BEGINNING JULY 1, 1994, THROUGH JUNE 30, 1995, FOR THE CITY'S CAREER COUNSELING PROGRAM. Moved by Vice -Mayor Young, seconded by Commissioner Bass and Commissioner Cunningham, the resolution be adopted and assigned the next number by the City Clerk. Vice -Mayor Young stated that the grants come from the Private Industry Council for which he serves on the Board of Directors. The overall budget has been cut, but only a minor cut came to South Miami and this is a tribute to the grantswriter Bill Pratt. Motion passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. #10 RESOLUTION NO. 68 -94 -9469 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TRANSFER OF THE DORN HOUSE TRUST FUND TO THE DADE HERITAGE TRUST FUND. Moved by Commissioner Bass, seconded by Commissioner Cooper, the resolution be adopted and assigned the next number by the City Clerk. City Manager Hampton stated that the City has received a letter from Dade Heritage Trust who has agreed to administer the Dorn House Trust Fund. Ms. Susan Redding stated that Dade Heritage Trust has agreed to administer the fund if Susan does any of the "leg work" involved in the administration of the fund. She has agreed. Mayor Carver asked if the City is protected in the transfer and if the City has fulfilled its obligation in this matter. City Attorney replied in the affirmative. With the resolution transferring the funds and the letter from Dade Heritage Trust accepting the responsibility of administering the fund, the City no longer has any obligation. E3 #11 RESOLUTION NO. 69 -94 -9470 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR CREATING A TREE BANK. Moved by Commissioner Cooper, seconded by Vice -Mayor Young the resolution be adopted and assigned the next number by the City Clerk. Commissioner Cooper, sponsor, stated that he was given this idea by Christopher Cooke - Yarborough. The tree bank will provide a clearing house for trees. Those interested in planting or replanting need only to call they can obtain trees for their yards. The City will not plant nor transplant, only act as a clearing house. As a footnote, Christopher Cooke - Yarborough stated that he has six loquat trees available for anyone who would like to have them. Commissioner Cunningham applauded the effort which will help replace what was lost by the hurricane and also save what was left by the hurricane. Motion passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. #12 RESOLUTION NO. 70 -94 -9471 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR ADOPTION AND IMPLEMENTING TOTAL QUALITY MANAGEMENT PRINCIPALS (TQM). Moved by Commissioner Cooper, seconded by Vice -Mayor Young and Commissioner Bass, the resolution be adopted and assigned the next number by the City Clerk. Commissioner Cooper, sponsor, addressed the characteristics of TQM stating that this is preference to traditional management techniques as the users of the products and services define what they want. With TQM, there are factual decisions using hard data and scientific procedures. There is also long term planning based on performance. Bill Enright, Vice - President of Planning for South Miami Hospital, explained that the Hospital feels that TQM is a valuable asset to health care. The Hospital has video tapes that address TQM and the City is welcome to borrow these for the employees to view. E .....__.- ...__,, - .._.. Motion on resolution passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. ADD ON: RESOLUTION NO. 71 -94 -9472 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $6,647.13 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY LEIBOWITZ & ASSOCIATES, P.A. REGARDING THE CITY'S CABLE TELEVISION FRANCHISE RENEWAL REQUEST AND FOR ADVICE REGARDING FEDERAL CABLE TELEVISION STATUTES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 -3420 "CONSULTANT - CABLE TELEVISION FRANCHISE ". Moved by Commissioner Cunningham, seconded by Vice -Mayor Young, the resolution be adopted and assigned the next number by the City Clerk. Vice -Mayor Young asked for an update as to where the City is in the cable company renewal process and with requests for RFPs from other companies. City Manager Hampton responded that the due date for RFPs is August 1st. There has not been any response to date. The City has mailed RFPs to four companies and Southern Bell Telephone. The actual renewal date for the current company, should the City chose to renew, is July 1, 1995. Motion on resolution passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. REMOVED FROM TABLE: Moved by Mayor Carver, seconded by Commissioner Cooper, the following resolution be removed from the table: RESOLUTION NO. 72 -94 -9473 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $942.50 FOR SIGNAGE AND GRAPHIC SERVICES BY TOM GRABOWSKI ASSOCIATES, INC., FOR PHOTOGRAPHIC REPRINTING OF NEWSPAPER ARTICLE BY SOUTH MIAMI BLUEPRINT, INC., AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 09- 1100 -9980 "DORN AVENUE TRUST FUND EXPENSES ". Motion on remove from table passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Moved by Commissioner Cunningham, seconded by Commissioner Bass, the resolution be adopted and assigned the next number by the City Clerk. Motion on resolution passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Moved by Mayor Carver, seconded by Commissioners Bass and Cunningham, the following ordinance be removed from the table: ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REPEALING ARTICLE II, SECTIONS 19A -31 - THROUGH 19A -52 OF THE CODE OF ORDINANCES PROVIDING FOR THE REGULATION OF TREE REMOVAL; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved by Mayor Carver, seconded by Commissioners Bass and Cunningham, consideration of the ordinance be deferred until August 16, 1994. Motion to defer passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. REMARKS: 1) Mr. Vincent Tumlin addressed the Commission with regard to a request he would like to make, on behalf of a client, to change usage in the GR (general retail) zoning district to permit a dry cleaning establishment at 6228 South Dixie Highway. This would be located between Taco Ball and Kenny Rogers on the vacant lot. The dry cleaning plant would be completely self- contained and would not have any noxious fumes or odors. He distributed a catalogue to the Commission for their review. Vice -Mayor Young stated concern with environmental impact and would like to have report from DERM. The location chosen is bordering on a residential neighborhood. Mayor Carver noted that the change would permit dry cleaning establishments in all GR districts and there are already quite a few dry cleaning establishments in the City. 11 2) Mr. Chris Hansen, 6611 S. W. 78th Terrace, reminded everyone of the 4th of July celebration at the South Miami Middle School. Mr. Hansen also questioned if the City has any regulations with regard to planting of trees where there are already utility wires. Administration will check to see what provisions have been adopted in this regard. 3) Mr. David Tucker, 6556 S. W. 78th Terrace, urged everyone to attend Charrette Too. He also praised the TQM (total quality management) provisions adopted by the Commission. 4) Mr. Michael Carricarte, 6090 S. W. 71 Avenue, addressed the Commission in support of the Recreation Department and the good care and maintenance that is given to the City's fields. 5) Mr. Lazer Collazo, Assistant Coach at University of Miami, said he has been hearing parks problems for the past few years. He feels that the Recreation Director, Jim Cowen, is doing an outstanding job, the fields are outstanding and there are many children who enjoy the summer recreational programs. 6) Commissioner Cunningham invited all to the Police Department open house and noted the Fraternal Order of Police will be cooking hot dogs and hamburgers and everyone can join in the festivities. There was no further business and the meeting adjourned at 8:55 P.M. APPROVED: ATTEST: CITY CLERK 12 MAYOR