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10-04-94v Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMIVIISSION AGENDA Regular City Commission Meeting Meeting date: October 4, 1994 6130 sunset Drive, so. Miami, FL Next Meeting date: October 18, 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. Invocation B. Pledge of Allegiance to the Flag of the United States of America C- Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - Spec. 9/19/94 & Reg. 9/20/9-� 2) City Manager's Report 3) City Attorney's Report CONSENT AGENDA q09 4. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a six months' lease renewal for a storage facility for the warehousing vehicles held by the Police Department pursuant to the Florida Contraband Forfeiture Act; authorizing an expenditure not to exceed $4,017.00 for six months and not to exceed $669.50 for each monthly extension and charging the disbursement to Account No. 08- 1910 -4400 "Forfeiture Fund - Rentals and leases." (Administration P.D.) 3/5 /o 9 - q'-I- q.5'7 O 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 $1,503.02 representing fees incurred for legal services by Leibowitz & Associates, P.A., regarding the City's Cable Television franchise renewal request and for advice regarding Federal Cable Television statutes and charging the disbursement to Account No. 2100 -3420: "Consultant -Cable TV Franchise." (Administration) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Public Works Department to purchase the repairs to garbage truck No. 21 -41 upon the basis that General Welding Service, Inc., the sole source available to do the work immediately and avoid disruption in garbage collection service to our citizens. The expenditure of a sum not to exceed $3,473.00 for these repairs; charging the disbursement to Account No. 1760 -4680: "Outside Labor." (Administration /PW) 3/5 ORDINANCES - SECOND READING AND PUBLIC HEARING 7. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the Land Development Code to create Section 20 -5.10, providing for administrative variance approval procedures; providing for severability; providing for ordinances in conflict; and providing for an effective date. (Mayor Carver) 4/5 Agenda October 4, 1994 PAGE 2 8. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20 -4.4 (F) of the Land Development Code to increase distances from off -site parking to uses served, to permit off -site parking in RM and RO Districts, and to remove the requirement for lease agreements; replacing Section 20- 4.4(G) joint use spaces; amending Section 20- 4.4(H) to increase the distance from Metrorail Station to uses served; creating a new Section 20- 4.4(I) to provide valet parking for hotels, hospitals, offices, restaurants and nightclubs; creating a new Section 20- 4.4(J) to provide procedures regarding the approval of shared parking, valet parking and reduced parking in proximity to Metrorail Station; amending the numbering of subsequent sub - sections; providing for severability; providing for ordinances in conflict; providing for an effective date. Will be deferred by Administration 10. RESOLUTIONS FOR PUBLIC HEARING III A Resolution of the Mayor and City Commission of the City of South Miami, Florida denying a request for a variance pursuant to 20 -3.5 of the Land Development Code to allow a fifteen (15) foot front setback where a twenty -five (2 5) foot front setback is required, but granting a variance to permit the existing chickee but to remain, a portion (not more than 2 feet) of which is located in the required front setback, on property located in the RS -3 (Medium Lot Single - Family Residential) Zoning District, and specifically located at 6930 SW 64 Avenue, South Miami, Florida 33143 and providing a legal description. (Administration . 7 /P.B/.�) 4/5 � , `� - t A Resolution of the Mayor and City commission of the City of South Miami, Florida granting a request for a Special Use Permit pursuant to 20 -7.12 and 20-3.4 (B) (4) (b) of the Land Development Code to permit a general restaurant operated by KOO KOO ROO California Kitchen on property located at 5850 Sunset Drive, South Miami, Florida 33143 (a commercial property in the Hometown District) and providing a legal description. (Administration P.B.) 3/5 Agenda October 4, 1994 PAGE 3 51, pro G, 6•q I IOD _ntiev_ RESOLUTIONS LCN 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing as the Interim City Manager of the City of South Miami pending the appointment of a, e�manent City Manager at a salary of BI ;� said funds to be expended from Account No. 2100 -5510, General Contingency Fund. (Mayor Carver) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter �\o into an agreement with Sharpton, Brunson & Company, P.A. Certified Public Accountants, to provide Independent Audit Services for Fiscal Years ending September 30, 1994 and 1995. (Administration) /5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse a sum of $2,175 to Pages and Associates, Inc., for twenty -nine / hours (29) of consulting services regarding the 94 -95 Computer Network Program; charging the disbursement to Account No. 2100 -5510 "General Fund Contingency." (Administration) 4/5 none none ORDINANCES - FIRST READING PUBLIC REMARKS COMMISSION REMARKS Agenda October 4, 1994 PAGE 4 DEFERRED /TABLED ! A Resolution of the City of South Miami, Florida, providing for a policy concerning fence types to be permitted under adopted Ordinance No. 7 -94- 7556; providing for a policy concerning the height of trellises and hedges; providing for a policy concerning vines; and providing for a policy concerning the height of light fixtures permitted to extend above the maximum height for physical barriers. (Commissioner Cooper) (2) H An Ordinance of the City of South Miami, Florida, amending Section 20 -3.3 (D) of the Land Development Code to permit Dry Cleaning Plants in the "GR" General Retail Zoning District; amending Section 20 -3.4 (B)(7)(a) of the Land Development Code to remove the distance requirement; amending Section 20- 3.4(8)(7)(6) of the Land Development Code to include aff manner of self - contained dry cleaning units; providing for ordinances in conflict; providing for severability; and providing for an effective date. (Commissioner Cunningham) (1) Agenda October 4, 1994 PAGE 5 v C2Z'Y OF SOUTH M =AM2 INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: ' Willia P m on City Mana er 2 Backaround: Date: September 27, 1994 Agenda Item 11' Re: Comm. Mtg. 10/04/94 Warehouse Lease Renewal For Police Department This warehouse will permit the Police to store vehicles seized in arrest of individuals involved in certain criminal activities. By law seized vehicles must be properly housed and protected from damage in case the courts order said vehicles returned to the legal owner. Recommendation: 1- Advantage to City: - The City is in compliance with the law pursuant to the Florida Contraband Forfeiture Act. 2- Disadvantages to city: None 3- The City Manager recommends approval of the Resolution. 4- There are no laws or City Ordinances affected by this Resolution. a:kascagr.am 1 RESOLUTION NO. 2 has 3 19 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, 6 AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX 7 MONTHS' LEASE RENEWAL FOR A STORAGE FACILITY 8 FOR THE WAREHOUSING OF VEHICLES HELD BY THE 9 POLICE DEPARTMENT PURSUANT TO THE FLORIDA 10 CONTRABAND FORFEITURE ACT; AUTHORIZING AN 11 EXPENDITURE NOT TO EXCEED $4,017.00 FOR SIX 12 MONTHS AND NOT TO EXCEED $669.50 FOR EACH 13 MONTHLY EXTENSION AND CHARGING THE 14 DISBURSEMENT TO ACCOUNT NO. 08- 1910 -4400 15 "FORFEITURE FUND - RENTALS AND LEASES." 16 17 18 WHEREAS, the Police Department has with certain 19 regularity come into temporary possession of motor vehicles 20 pursuant to the Florida Forfeiture contraband Act; and 21 22 WHEREAS, court decisions have held those in such 23 temporary possession responsible for damage to the vehicle in the 24 event of their return to the titled owner; and 25 26 WHEREAS, in the event of a forfeiture, the vehicle's 27 value to the Police Department likewise depends upon its good 28 condition; and �Kl 30 WHEREAS, therefore, the Police Department of South Miami 31 wishes to renew its lease on warehouse space to provide for the 32 safeguarding of vehicle: held by the Police Department pursuant to 33 the Florida Contraband Forfeiture Act; and 34 35 WHEREAS, the Chief of Police has previously certified the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 requested disbursements comply with the provisions of Florida Statute 932.704 (3). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission of the city of South Miami, Florida do hereby authorize the city Manager to execute a lease renewal for the storage of motor vehicles held by the south Miami Police Department pursuant to the Florida Contraband Forfeiture Act for a sum not to exceed $4,017.00 for a six months' lease ($669.50 per month) for the period November 1, 1994 through April 30, 1995. Section 2. That the disbursement be charged to account number 08 -1910 -4400 "Forfeiture Fund - Rentals and Leases." PASSED AND ADOPTED this day of October, 1994. APPROVED: ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR EXTENSION OF LEASE AGREEMENT AGREEMENT made and entered into this day of r� 4, r , 19 94 _ by and between SHOPCEN II INVESTMENTS, hereinafter referred to as "Lessor" and CITY OF SOUTH MIAMI hereinafter referred to as "Lessee;" RECITALS: 1. The parties hereby are bound by that certain Business Lease dated February 23, 1994 , for the premises commonly known as 4818 Southwest 75th Avenue, Miami, Florida 33155 2. The parties desire to enter into a new agreement extending the terms and modifying certain provisions of the aforementioned Lease. IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. That the Lease shall be extended from September Ol, 1994 through Anri 1 30, 1995 Monthly rental for the premises shall be —Six Hundred Sixty Nine Dollars And 50 Cents per month, payable in dvance in the sum of $669.501 per month, for the months of Sept. and Oct. 1994, and $4017.00 for the months of November 1994 through April 30, 1995. 2. The Lessee agrees to pay unto the Lessor the sum of representing additional security deposit for the faithful performance by the Lessee of all the terms and conditons of said Lease. Wo L1 This lease extension agreement cancels and supercedes that previous option T period negotiated on February 23, 1994. A.11 other provisions of the Lease are incorporated herein ar,•i are modified hereby to conform herewith, but in all. other respects, are to be and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed the roregoirnc: Extension of Lease agreement the day and year first above wri.tt-.e►i. WI TNESSETH : r SHOPCEN II INVESTMEN'T'S By: Jack Calderon, Press ent Gibraltar Realty & Management, i►ic. Exclusive Leasing Agent for SHOPCEN II INVESTMEN'T'S Lessee: CITY OF SOUr11 MIAMI By: WIlliam F. Hampton, City Manager A - C2TY OF SOUTH M =A.M2 ® INTER - OFFICE MEMORANDUM To: Mayor and City Comm From: -,William F! P ton City Mana •r 5W Date: September 26, 1994 Agenda Item 15 Re: Comm. Mtg. 10/4/94 Cable TV - Legal Consultant Background: In April 1993 the City engaged Leibowitz & Associates to represent the City in the franchise renewal of Cable Satellite and to handle the Cable TV rate regulation. Recommendation: 1- Advantage to City: - Leibowitz & Associates will be paid for the services described above. 2- Disadvantages to city: None 3- The City Manager recommends approval of the Resolution. 4- Funds for this purpose are included in the 1993 -94 budget. WFH:er Attachment a:anlcty 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,503.02 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: 11CONSULTANT -CABLE TV FRANCHISE." 13 WHEREAS, by Resolution number 67 -93 -9811 passed April 27, 14 1993 the City commission authorized the City Administration to 15 enter into a contract with the law firm of Leibowitz & Associates, 16 P.A. and as Special counsel regarding Cable Television and the 17 Franchise Renewal Request; and 18 WHEREAS, the City has now received invoices for legal 19 services rendered pursuant to the aforesaid Resolution in the 20 amount of $1,503.02. 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 Section 1. The City Manager be, and hereby is, 24 authorized to disburse the sum of $1,503.02 to Leibowitz & 25 Associates, P.A. for legal services rendered regarding the City's 26 Cable Television Franchise Renewal Request. r 1 2 3 4 5 e 9 10 11 12 13 5 Section 2. That the disbursement be charged to account number 2100 -3420: "Consultant -Cable TV Franchise." PASSED AND ADOPTED this day of August, 1994. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR MATTHEW _ _EIBOWITZ -OSEPH A 5ELISLE ILA L FELD Cr CC -NSEL AARON P S..AIN15 "EE PELTZMAN SANFORD L BOHRER NOT ADMIT-ED TO r'OPIDA BAR L.EIBOWITZ & sSOCIATES. P. A. SUITE 1450 SUNSANN INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 ATTN: WILLIAM HAMPTON CABLE TELEVISION 07/26/94 MIAMI, FLORIDA 33131.1715 -ELEPHONE (305) 530 -1322 TELECOPIER (305) 530.9417 SUITE 500 255 23-0 STREET, N W. NASHINGTON. D.C. 20037 Page: 1 08/31/94 Account No: 7404 -OOM Statement No: 14 IF Draft and file motion for extension of time 1.00 IF Telephone conference with Federal Communications Commission re: extension of time motion .20 IF Review rate information; Release files .40 IF Conference with Joseph Belisle; Conference with Karsten Amlie; Review Cable Satellite Motions 2.30 KA Conference with Joseph Belisle and Ila Feld re:responding to pleading 1.00 JAB Draft comments on declaratory ruling; Telephone conference with James Meyers; Conference with Karsten Amlie and Ila Feld 2.40 07/27/94 MLL Conference with Ila Feld; Conference with Joseph Belisle .30 IF Telephone conference with John Norton of Federal Communications Commission re: filing motion for extension of time .30 IF Conference with Joseph Belisle .30 JAB Conferences with 11a Feld and Matt Leibowitz .20 07/28/94 IF Draft response to request for Declaration Rule 1.10 IF Research response for request of Declaration Rule; Telephone conference with Tom Logue 1.20 IF Telephone conference with Mario Goderich .30 5 Ki CITY OF SOUTH MIAMI CABLE TELEVISION 07/29/94 IF Review County response IF Research and draft response to request declaratory IF Telephone conference with Mitch Berman IF Draft response to declaratory rule 08/01/94 Page: 2 08/31/94 Account No: 7404 -OOM Statement No: 14 .30 .70 .40 1.00 MLL Review pleading .50 IF Finalize for issue; Revise response .30 IF Conference with Matthew Leibowitz .20 IF Revise response to request to declaratory rule .70 KA Review pleading re: stay waiver request 1.90 08/02/94 MLL Review pleading with Ila Feld .30 IF Research files; Duplicate exhibits .40 IF Forward response to Declaratory ruling; Conference with Matthew Leibowitz .30 IF Finalize and forward response to declaratory ruling .80 IF Research Basic Tier equipment .30 KA Draft opposition to request for clarification 3.10 JAB Review Karsten Amlie's pleading .30 08/03/94 MLL Conference with Ila Feld; Review various pleadings and letters 1.00 IF Research response to petition .90 IF Telephone conference with Mario Goderich .30 IF Research files .60 IF Telephone conference with Rick Hensley re:Cable Satellite .30 IF Review summary correspondence; Forward summary correspondence to Mario Goderich; Review of Cable Satellite infringement .50 IF Draft letter to Cable Satellite re:rate regulation information .40 JAB Conference with Ila Feld re:rate regulation ordinance .20 08/04/94 IF Telephone conference with Bill Hampton .30 IF Telephone conference with Eva of Bill Hampton's office .30 IF Telephone conference with Mario Goderich .20 IF Research 1.00 CITY OF SOUTH MIAMI CABLE TELEVISION Page: 3 08/31/94 Account No: 7404 -OOM Statement No: 14 IF Draft opposition to petition for revoke 1.50 JAB Conference with Ila Feld .20 08/05/94 IF Telephone conference with Mario Goderich re: Cable satellite .30 IF Telephone conference with City Manager's Office .30 IF Review County 1200 information request; Draft City's request .70 08/08/94 IF Draft response to petition 1.00 IF Review request for information re:1200 .30 KA Review pleading on Cable Satellite; Draft reply 1.10 08/09/94 MLL Review pleading for South Miami; Conference with Ila Feld .80 IF Draft opposition to petition; Conference with Matthew Leibowitz .60 KA Review Cable Satellite pleading 2.10 08/10/94 IF Draft pleading; Forward pleading to Federal Communications Commission 1.10 IF Forward 1200 request .40 KA Draft opposition 1.60 JAB Conference with Karsten Amlie .20 08/11/94 IF Review reply re:waiver request Cable Satellite .30 08/15/94 IF Telephone conference with Federal Communications Co; IF Telephone conference with Communications Commission regulation IF Telephone conference with satellite Angela Greene of the emission .30 the Federal re:date - rate .20 Tom Logue re:cable .50 08/17/94 IF Conference with Joe Belisle re:cable satellite reply dates .20 JAB Telephone conference with James Meyers .20 s SOUTH MIAMI, CITY OF CABLE TELEVISION 08/23/94 IF Forward 1200 back to county For Current Services Rendered Attorney Matthew L. Leibowitz Joseph A. Belisle Karsten Amlie Ila L. Feld Recapitulation Page 4 08/31/94 Account No: 7404 -OOM .30 42.70 5,886.50 Hours - - Hourly Rate Total - -- 2.90 ----- - - - - -- $250.00 - - - -- $725.00 3.70 190.00 703.00 10.80 120.00 1,296.00 25.30 125.00 3,162.50 Postage Delivery /Express Telecopying Photocopying Total Expenses Thru 08/25/94 Total Current Work Less Deferred Fees Previous Balance Payment Balance Due P] 15.06 53.40 138.00 225.50 431.96 6,318.46 - 1,765.95 4,429.28 - 1,503.02 $7,478.77 S MATTHEW L. �EIBOWITZ „OSEPH A BELISLE ILA L. FELD OF COUNSEL AARON P. SHAINIS LEE PELTZMAN SANFORD L. SOHRER NOT ADMITTED TO c -ORIDA BAR LEIBOWITZ & AsSOCI?iTES, P.--\-. SUITE 1450 SUNBANK INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE MIAMI, FLORIDA 33131.1715 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 ATTN: WILLIAM HAMPTON CABLE TELEVISION TELEPHONE (305) 530 • 1322 TELECOPIER (305) 530 - 9417 SUITE 500 255 23AD STREET, N W 'NASHINGTON, D.C. 20037 Page: 1 07/31/94 Account No: 7404 -OOM Statement No: 81 06/28/94 IF Telephone conference with Bill Hampton re:rate regulation .20 06/29/94 JAB Telephone conference with William Hampton re:James Meyers fax .90 07/05/94 JAB Telephone conference with Elba of William Hampton's office .30 07/07/94 MLL Conference with William Hampton, Mario Goderich, Tom Logue and Mitchell Bierman 1.00 IF Attend meeting with Bill Hampton, Tom Logue and Mario Goderich 1.60 IF Research Federal Communications Commission reply date; Draft letter to Tom Logue .40 IF Review file - County recommendation; Research files .30 07/08/94 JAB Conferences with Ila Feld; Telephone conference with Dade County Attorney and with Matthew Leibowitz 1.30 IF Conference with Matthew Leibowitz and Joe E CITY OF SOUTH MIAMI CABLE TELEVISION Page: 2 07/31/94 Account No: 7404 -OOM Statement No: 81 Belisle .30 IF Review cable satellite petitions .30 IF Research Federal Communications Commission rules and rule making 1.00 IF Telephone conference with Joe Belisle and Mitchell Bierman .40 07/11/94 MLL Conference with Ila Feld and Joe Belisle re:extension on pleading .40 JAB Conference with Matthew Leibowitz; Telephone conference with Jim Meyers; Study letter from James Johnson 1.10 IF Draft rate regulation letter and accounting order to city 1.00 IF Research FCC Storer rate order deadline .40 IF Conference with Matthew Leibowitz and Joe Belisle .40 07/12/94 JAB Review files; Calendar dates; Telephone conference with Jim Meyers; Conference with Ila Feld .60 IF Review county data request; Request 393 date; Draft addendum 2.00 IF Telephone conference with Tom Logue .20 07/13/94 JAB Draft opposition to request for stay 2.90 IF Draft letter and accounting order .40 IF Conference with Matthew Leibowitz and Joe Belisle .30 IF Conference with Joe Belisle and Mitchell Bierman; Study county opposition to cable satellite .50 07/14/94 JAB Study cable satellite pleadings .60 IF Telephone conference with Mario Goderich .30 07/15/94 JAB Forward documents to William Hampton .60 IF Review final county request for 393 and adoption for city .40 07/18/94 JAB Study pleading; Calendar dates; Telephone conference with William Hampton 1.30 I r SOUTH MIAMI, CITY OF CABLE TELEVISION conference with William Hampton Page 3 07/31/94 Account No: 7404 -OOM 1.30 07/19/94 JAB Telephone conference with Bob Allen re:faxed pleading; Draft opposition to stay; Send fax to Bob Allen; Serve James Meyers 1.50 07/21/94 JAB Draft opposition to request for partial authority 07/25/94 JAB Draft pleadings For Current Services Rendered Attorney Matthew L. Leibowitz Joseph A. Belisle Ila L. Feld Recapitulation .10 .20 23.20 3816.00 Hours Hourly Rate Total - - - -- 1.40 ----- - - - - -- $250.00 - - - -- $350.00 11.40 190.00 2,166.00 10.40 125.00 1,300.00 Paralegal, Sr. 85.00 Long Distance Calls 5.66 Postage 6.43 Delivery /Express 8.55 Telecopying 80.00 Photocopying 30.75 Outside Photocopying 38.67 Total Expenses Thru 07/25/94 255.06 Total Current Work 4,071.06 Less Deferred Fees - 1,144.80 Previous Balance ��1,- - ',�-�� `L' y 1, 503.02 Balance Due -.$44 ; 4-2 9.2-8- CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor &c City Commission i From: Z4111�iiari F. ptan City Manager Back rog_ und_ Date: September 29, 1994 10/04/94 Commission Agenda Re: Item 0: Administrative Variance Establishment and Procedures Ord On July 21, 1994, the City Attorney issued a memorandum entitled "Land Development Code Administrative Variances" (attached) and drafted a preliminary ordinance which responded to the consensus request of the City Commission. Administration re- drafted the ordinance to include terms and language consistent with the existing Land Development Code. This was presented to the City Commission and passed first reading on August 16, 1994. These are procedures to meet the needs of the public regarding flexibility within the Code in certain, specific instances. Recommendation: Advantage to o City: Provides for increased flexibility for residents and entrepreneurs. 2. Disadvantages to City: Does not address general problems within existing regulations. 3. This Ordinance is sponsored by Mayor Carver. 4. This Ordinance creates Section 20 -5.10 of the Land Development Code. 5. Planning Board voted 6:0 to recommend approval of the ordinance with amendments; the Board agreed the term "administrative variance" should be used throughout the ordinance. Planning Board voted 5:1 to recommend that on Ordinance Page #2, Line 25, § (a) be amended to read as follows: (a) No front setback is reduced below 70 percent of that normally required; no rear or side setback is reduced below 50 percent of that normally required, and in no case shall any setback be reduced to less than 5 feet. 'L- Planning Board voted 3:3 to recommend the single request limit set forth on Ordinance Page #3, Line 13 be eliminated to allow more for multiple variances for a single property. Planning Board voted 4:2 to recommend that the term "current survey ", on Ordinance Page #3, Line 20, be defined as a survey that is year or less old (date of certification). Planning Board voted 5:1 to recommend that a provision be added to permit the reduction of lot frontage by no more than 5 percent; this addresses an existing parcel with 148.5 feet of lot frontage where 150 feet of lot frontage is needed to create two building sites. 6. e Staff recommends approval of the ordinance including language in the Director's report. [I CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: William F. Hampton City Manager From: Dean Minims, AICP Director of Building, Zoning & Community Development Dept Date: September 19, 1994 Re: PB -94 -016: Administrative Variance Establishment and Procedures Ord The Planning Board voted 6:0 to recommend approval of the ordinance with recommendations; the Board agreed that the term "administrative variance" be used throughout the ordinance, in order to avoid confusion when the ordinance is incorporated into the Land Development Code. Staff recommends approval of this ordinance, but does not concur with Planning Board recommendations #1 through #3 below. The Planning Board voted on the following recommendations: #1 Planning Board voted 5:1 to recommend that on Ordinance Page #2, Line 25, § (a) be amended to read as follows: (a) No front setback is reduced below 70 percent of that normally required: no rear or side setback is reduced below 50 percent of that normally required, and in no case shall any setback be reduced to less than 5 feet. (BZCD disagrees, and is of the opinion that allowing for administrative variances for setbacks below 70 percent of those normally required is excessive, exceeds all other percentage guidelines in this ordinance, and is problematic with respect to massing and other design components). #2 Planning Board voted 3:3 to recommend the single request limit set forth on Ordinance Page #3, Line 13 be eliminated to allow more for multiple variances for a single property. (BZCD disagrees with this recommendation. The City Commission minutes of August 16, 1994 state that "Mayor Carver said this ordinance was drafted to accommodate residents who wish only a minor variance." Staff believes that the administrative variance ordinance is intended not for wholesale modifications of requirements, but rather for providing reasonable flexibility with regard to particularly constrained situations). #3 Planning Board voted 4:2 to recommend that the term "current survey ", on Ordinance Page #3, Line 20, be defined as a survey that is year or less old (date of certification). (BZCD disagrees with this Planning Board recommendation which would place an undue burden on the applicants. Our long established policy of accepting surveys of current conditions regardless of the age of the survey, is a sound and fair policy.) #4 Planning Board voted 5:1 to recommend that a provision be added to permit the reduction of lot frontage by no more than 5 percent; the recommendation addresses the presentation of the owner of a parcel with 148.5 feet of lot frontage where 150 feet of lot frontage is needed to create two building sites. (BZCD agrees with recommendation #4 concerning lot frontage variances. The threshold of five percent was determined during board discussion. Staff recommends that the ordinance be amended at Ordinance Page # 1, Line 26 to add "required lot frontage" as a part of the list of permitted administrative variances and the ordinance be amended at Ordinance Page #2, Line 31 to create a § (e) which contains the following language: "Required lot frontage is not reduced by more than 5 percent of that normally required, and that in no case shall any lot be created with a lot frontage of less than 50 feet." This provides for special cases like Joan Falch's, the property owner of an existing parcel with 148.5 feet of lot frontage where 150 feet of lot frontage is needed to create two building sites. By insuring that lot frontage is not less than 50 feet, the integrity of the Comprehensive Plan is maintained. A citywide survey of potential lots has not been undertaken; under the administrative variance procedure each property would be evaluated on a case -by -case basis for compatibility with the surrounding properties and frontages. 7 1 ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND 4 DEVELOPMENT CODE TO CREATE SECTION 20 -5.10, PROVIDING 5 FOR ADMINISTRATIVE VARIANCE APPROVAL PROCEDURES; 6 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 7 CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. s WHEREAS, the City of South Miami enacted a Land Development Code that 9 provides for purpose and authority, definitions, zoning regulations, other regulations, 10 procedures and applications, and administration and enforcement; and, 11 WHEREAS, the Land Development Code does not provide for non -use variance 12 approvals by administrative action; and, 13 WHEREAS, the Mayor and the City Commission find that it is necessary and proper 14 to provide for non -use variance approvals by administrative action, according to codified 15 guidelines and standards, in order to ameliorate an unduly harsh effect of a literal application 16 of the Land Development Code to recognized conditions. 17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 19 SECTION 1. The Land Development Code is amended by creating Section 20 -5.10 to read: 20 20 -5.10 ADMINISTRATIVE VARIANCE APPROVALS 21 (A) Authority to Grant Administrative Variance Approvals 22 (1) The City Manager shall have the authority to grant "non -use variance" requests 23 pursuant to the guidelines, standards and limitations contained in this section. 24 (2) A "non -use variance" is defined to mean a discretionary administrative action 25 relaxing the application of principal building setbacks, building spacing, 26 building coverage, impervious coverage, parking requirements, screen 27 enclosure setbacks, swimming pool setbacks, whirlpool spa setbacks, canopy 28 carport setbacks, and accessory structure setbacks, as contained within the 29 Land Development Code which have no relation to a change in use of the 30 property or structure in question. Adminiomyc Vuianco Ordwom Pogo 0 1 7 1 (B) Guidelines 2 In granting the variance and issuing the permit, the City Manager shall find: 3 (1) The variance will be in harmony with the general appearance and character of 4 the neighborhood and the entire community. 5 (2) The variance will not be injurious to the area involved or otherwise detrimental 6 to the public welfare. 7 (3) The proposed addition is designed and arranged on the site in a manner that 8 minimizes aural and visual impact on the adjacent residences while affording 9 the applicant a reasonable use of the land. 10 (4) The variance will be consistent with City of South Miami's Comprehensive 11 Plan. 12 (C) Standards 13 Notwithstanding any other provisions of this code, 14 (1) In the RS -1 (Estate Residential), the RS -2 (Semi - Estate /Large Lot Residential), 15 the RS -3 (Low Density/Medium Lot Single- Family Residential), the RS -4 16 (Small Lot Single - Family Residential), the RT -6 (Townhouse Residential), the 17 RT -9 (Two - Family /Townhouse Residential), the RM -18 (Low Density Multi - 18 Family Residential), the RM -24 (Medium Density Multi - Family Residential), 19 upon application duly made, the City Manager may approve a request to 20 reduce the required setbacks for principal buildings, a request to reduce the 21 required spacing between buildings, a request to increase maximum building 22 coverage, or a request to increase maximum impervious coverage from those 23 requirements specified in the Land Development Code, providing that the 24 request does not exceed the following limitations: 25 (a) No setback is reduced below 70 percent of that normally required. 26 (b) Spacing requirements between buildings are not reduced below 80 27 percent of that normally required. 28 (c) Building coverage is not increased by more than twenty (20) percent of 29 that normally permitted. 30 (d) Impervious coverage is not increased by more than twenty (20) percent 31 of that normally permitted. Adminismve Vuiuw Ordwww Pap 12 1 (2) In any district, upon application duly made, the City Manager may approve a 2 variance request for the reduction of the provision of required parking spaces 3 for any property designated as an historical site pursuant to Section 20 -5.17 of 4 the Land Development Code, providing that the variance does not reduce the 5 number of parking spaces provided below thirty (30) percent of that normally 6 required. Furthermore, the requirements of Paragraph D of this Section shall 7 not apply to a designated historical site. 8 (3) The City Manager may approve a variance request to reduce the setback 9 requirements for screen enclosures, tennis courts, swimming pools, whirlpool 10 spas, canopy carports and accessory structures, providing that no setback is 11 reduced below 70 percent of that normally required. 12 (D) Limitation 13 Variance approvals shall be limited to a single request which is applied to an individual lot, 14 where such lot is located within an area where at least 75 percent of the lots in a radius of 15 300 feet from the subject property have already been developed. 16 (E) Review Procedures 17 (1) Application for a variance request shall be made by the fee owner of the 18 property on a form prescribed by the Building, Zoning and Community 19 Development Department and shall be submitted to the Department. The 20 application shall include a current survey and an accurately and fully 21 dimensioned site plan showing the existing structures on the property, the 22 location of the proposed construction, and the location and use of existing 23 structures on the adjacent properties from which the variance is being 24 requested. The application shall include a letter of intent explaining the reason 25 and justification for the proposed construction and variance request. The 26 application shall be accompanied by: 27 (a) The written consent of all the property owners of all adjacent or 28 abutting lots to the subject property, and 29 (b) The written consent of all the property owners of all lot(s) immediately 30 across the street from the property for setbacks facing public rights -of- 31 way. 32 (2) Upon receipt of the application for a variance, the City Manager, prior to 33 making his decision, shall have a staff member of the Department inspect the 34 site of the property and the surrounding properties to determine what impact, if 35 any, the proposed construction will have on the area. The staff member shall 36 attempt to personally contact the residents and /or owners of the adjacent Admmis sb" Vunxe Or&=0a Page / 3 7 1 properties including the property or properties immediately across all adjacent 2 streets, for the purpose of collecting additional information relevant to the 3 application. 4 (3) Upon receipt of all necessary information including staff reports, the City 5 Manager shall review the information and render his decision either approving, 6 modifying or denying the request. A copy of the decision shall be published in 7 a newspaper of general circulation. A variance shall not be effective until 8 fifteen (15) days after the City Manager's decision is published in a newspaper 9 of general circulation. A courtesy notice containing the decision of the City 10 Manager may be mailed to adjacent and abutting property owners of record, 11 their tenants, or their agents, that are identified on the application. Failure to 12 mail or receive such courtesy notice shall not affect any action or proceedings 13 taken under this section. 14 (4) In granting any variances, the City Manager may prescribe appropriate 15 conditions and safeguards as the City Manager may feel necessary to protect 16 and further the interests of the abutting properties, the neighborhood area, or 17 the entire community which may include but not be limited to the following: 18 (a) landscape materials, walls, and fences for visual and acoustical 19 buffering, 20 (b) modification of the orientation of proposed openings in structures, 21 and /or 22 (c) modification of arrangement and location of structures on the site. 23 (5) Granting of an administrative variance shall be recorded in the official public 24 records of Metro -Dade County, a copy of which shall be filed in the records of 25 City of South Miami's Building, Zoning & Community Development 26 Department. 27 (F) Appeals 28 (1) The applicant, or any aggrieved property owner in the City of South Miami, 29 may appeal decisions of the City Manager to the City Commission under § 20- 3 0 6.1(E) of the Land Development Code. An administrative appeal must be filed 31 within 15 days following the publication of the City Manager's decision. 32 (2) In the event that an appeal is filed by any aggrieved property owner within the 33 City of South Miami, the City Manager may stop or suspend any construction 34 authorized by the variance, until a decision has been made on the appeal. In AdMMWXM VV== Orimox Page 14 7 1 the event the City Manager should determine that the suspension of the 2 construction could cause imminent peril to life or property the City Manager 3 may permit the construction to continue upon such conditions and limitations, 4 including furnishing of an appropriate bond, as may be deemed proper under 5 the circumstances. 6 SECTION 2. If any section, clause, sentence, or phrase of this ordinance is for any reason 7 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 8 affect the validity of the remaining portions of this ordinance. 9 SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this 10 ordinance are hereby repealed. 11 12 13 14 15 16 17 18 19 20 21 22 23 7 SECTION 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED THIS 4th DAY OF October, 1994. ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor c:\reports\variance.ord Admima=ve V"ace Ordmooce Page 15 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Dean Mimms, AICP Director of Building, Zoning & Community Development Dept From: Bill Mackey i Planner REQUEST' Date: September 9, 1994 Re: Item #4: PB -94 -016 Administrative Variance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE TO CREATE SECTION 20 -5.10, PROVIDING FOR ADMINISTRATIVE VARIANCE APPROVAL PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: The City Commission desires to implement regulations whereby applicants for minor variances (as set forth in the ordinance) may apply for such minor variances without demonstrating the "hardship running with the land" requirement. The ordinance provides for administrative procedures to effect the process. ANALYSIS: The Director of the Building, Zoning & Community Development will inform the City Manager concerning administrative variance applications. The decision to approve, deny or approve with conditions will rest with the City Manager. Appeals to the decision of the City Manager may be filed with the City Clerk to be heard by the City Commission within 15 days of the decision. Appeals may be filed by either an applicant or any property owner in the City of South Miami. The applicant will be required to pay the same fee presently required for variance application ($250 for residential and $450 for commercial) which will cover advertising expenses, staff research time and field inspections. RECOMMENDATION: That the Planning Board vote to recommend approval of the proposed ordinance. COMPREHENSIVE PLAN: The proposed ordinance is consistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. APPLICABLE REGULATIONS: Creates Section 20 -5.10 in the LDC. REGULAR CITY COMMISSION MEETING AUGUST 16, 1994 #13 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO CREATE SECTION 20 -5.10, PROVIDING FOR ADMINISTRATIVE VARIANCE APPROVAL PROCEDURES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved by Mayor Carver, seconded by Commissioners Cooper and Cunningham, this be considered the first reading of the ordinance and it be placed on second reading after consideration by the Planning Board. Mayor Carver said this ordinance was drafted to try to accommodate residents who wish only a minor variance. This would allow some leeway to grant variances when there isn't a 'hardship running with the land' as the Code now requires: Vice -Mayor Young stated that he is in favor of the ordinance but has a concern that the approval is under City Manager rather than Building, Zoning & Community, Development. He is also concerned with the work involved, it may be staff intensive and not covered in the fee schedule. City Manager explained that the Building, Zoning & Community Development staff will actually do the work and make their recommendations to the City Manager. The applicant would pay all costs for the application. Commissioner Cooper stated that this may actually be less use of staff time as there will be fewer notices of hearing, public hearings, etc. Additionally, there have been times in the past when the Commission was very sympathetic to a particular variance request, but they were not able to grant the request because the Land Development Code was specific that there must be a 'hardship running with the land'. This gives the Commission some flexibility. Discussion was held with regard to the appeal process as specified under (F)(1). Moved by Mayor Carver, seconded by Commissioner Cooper, that subsection (1) be amended by adding, at the end of that section, ... "An Administrative Appeal must be filed within 15 days following publication of the City Manager's decision Motion on amendment passed 5/0; Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Motion on ordinance, as amended, passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. PB -94 -016 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE TO CREATE SECTION 20 -5.10, PROVIDING FOR ADMINISTRATIVE VARIANCE APPROVAL PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Staff recommended approval of the ordinance. Public hearing was opened. Ms. Joan Falch, 5837 SW 82 Street, signed in to speak before the Board and asked that lot frontage be included for consideration in the ordinance. Executive session was convened. Mr. Lef ley suggested that the term "administrative variance" be used where the word "variance" is presently included, for clarification purposes. Motion: Mr. Gutierrez made a motion that no front setback shall be reduced below 70 %; that no rear and side setback shall be reduced below 50%; and that no setback shall be less than five feet, of that which is normally required. Mr. Eisenhart seconded the motion. Vote: Approved: 6 Disapproved: 0 Motion: Mr. Gutierrez made a motion recommending elimination from the ordinance the single- request limitation. Mr. Eisenhart seconded the motion. Vote: Approved: 3 Disapproved: 3 (Mr. Eisenhart) (Mr. Thorner) (Mr. Ribas) (Ms. Basu) (Mr. Gutierrez) (Mr. Lefley) Motion: Mr. Eisenhart made a motion recommending that the term "current survey" be defined as a survey being one year or less in age. Mr. Basu seconded the motion. Vote: Approved: 4 Disapproved: 2 (Mr. Ribas) (Ms. Thorner) Motion: Mr. Gutierrez made a motion recommending approval of the ordinance, incorporating revisions as suggested by the Board. Ms. Thorner seconded the motion. Vote: Approved: 6 Disapproved: 0 Motion: Mr. Gutierrez made a motion recommending inclusion in the ordinance language allowing reduction in lot frontage by no more than five percent. Mr. Eisenhart seconded the motion. Vote: Approved: 5 Disapproved: 1 (Ms. Thorner) 9 -13 -94 Planning Board Citg of South Miami INTER -- OFFICE MEMORANDUM TO: Bill Hampton, City Manager FROM: Earl G. Gallop RE: Land Development Code Administrative Variances DATE: July 21, 1994 Jictatea, w' not reviewec and signed in absence 60 exPediDe mailing. assssssa::s ssss�Ria6�satassc3= �t�OSSliaiT, " ��aaaa��aa�s saassamre :a :asassa�a There is a general consensus that a measured flexibility is desirable in varying some requirements in the land development code. For your review, I enclose a copy of Section 33 -36.1, Metropolitan Dade County Code, providing for administrative variances. The code authorizes the director of the building and zoning department to grant certain non -uae variances pertaining to setback lines, frontage requirements, setback requirements for screen enclosures, tennis courts, swimming pools and other accessory structures, and so on. The code further provides standards, consent requirements, and for appeal of decisions. Administrating a legal hardship is not a requirement to obtaining an administrative variance. I would like your advice concerning amending the land development code to include such a provision. EGG /ego Enclosure cc: Dean Mirms Bill Mackey hmpran.a.o FA SECTION 20 -3.5 DIMENSIONAL REQUIREMENTS Sect J- 20 -3 _ 5E D 2 MEN S= CNAL REQU 2 REMENT S S2NGZ.E FAM2LY D2STR2CTS REQUIREMENT RS -1 Min. Lot Size 15,000 Net Area (sq ft) 40,000 Frontage (ft) 125 Min. Yard Setbacks (ft) 35 Front 50 Rear 25 Side (Interior)" 12.5 Side (Street) 20 Max. Building Height 15 Stories 2 Feet 25 Max. Building Coverage ( %) 20 Max. Impervious Coverage ( %) 30 RS -2 R -3 Ste-$ 15,000 10,000 6,000 100 75 60 35 25 25 25 25 25 10 7.5 7.5° 15 15 15 2 2 2 25 25 25 30 30 30 40 40 45 Cumulative width of both side yards shall be not less than 20 percent of total lot width. Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet setback. Revised 117192 by Ord. # 2 -92 -1497 LDC: UPDATED JUNE 1993 450 CITY OF SOUTH MIAMI 7 SECTION 20 -3.5 DIMENSIONAL REQUIREMENTS Section 20 -3 _ 5F D = MEN S = ONAL REQU 2 REMFNT S MULT = - FAM = LY D = S TR 2 CT S RT -6 RT -9• RM -18 RM -24 REQUIREMENT (TH ) 2F ( MF )- LE, Max. Density (units /acre) 6 8.7 18 24 Min. Site Size Net Area (sq ft) 60,000 10,000 10,000 15,000 Frontage (ft) 200 100 75 100 Min. Lot Size Net Area (sq ft) 3,000 na na na Frontage (ft) 25 na na na Min. Yard Setbacks (ft) Front 1 & 2 stories 25 25 25 25 3 stories na na na 30 4 stories na na na 35 Rear 1 & 2 stories 25 25 20 20 3 stories na na na 25 4 stories na na na 35 Side (Interior) 1 & 2 stories 10 r 7.5 12.5 12.5 3 stories na na na 15 4 stories na na na 20 Side (Street) 1 & 2 stories 15 15 25 25 3 stories na na na 30 4 stories na na na 35 Between Buildings 20 15 20 20 Perimeter' 15 15 na na Max. Building Height Stories 2 2 2 4 Feet 25 25 30 50 Max. Impervious Coverage ( %) 40 35 60 70 ° Townhouses allowed subject to all RT -6 requirements, except minimum site size. ' In addition to all other required setbacks when the site area is greater than two (2) acres. LDC: UPDATED JUNE 1993 6 1 CITY OF SOUTH MIAMI K�' SECTION 20 -3.6 SUPPLEMENTAL REGULATIONS (I) Accessory Structures or Uses (1) No accessory structure shall be constructed upon a lot until construction of the principal structure or use has commenced. (2) No accessory structure shall be used unless the principal structure on the lot is also being used. (3) No accessory structures or uses shall be located within any required yard setback area, except as permitted in subsection (4) below. (4) Accessory structures or uses may be located in a required rear yard, provided such structures or uses do not occupy more than thirty (30) percent of required setback areas and provided further that such accessory buildings do not exceed one (1) story or twelve (12) feet in height above grade.15 (5) Accessory structures or uses shall be located not less than five (5) feet from any rear or side lot line. No accessory structures or uses shall be located in the required setbacks that are adjacent to a street right -of -way line; nor shall any accessory structures be located less than five (5) feet from any rear lot line.-,' (6 )17 Canvas tents and cabanas, used for temporary shelter and not containing cooking facilities, shall be subject to the accessory structure regulations. (J) Swimming Pools (1) Swimming pools which are open and unenclosed, or covered by a screen enclosure or a screen enclosure not covering a swimming pool, may occupy a required rear or side yard, subject to the following conditions: (a) Minimum front setbacks shall be at the front building line. (b) Minimum side setbacks shall be ten (10) feet from each side lot line. (c) Minimum rear setbacks shall be twelve and one -half (12.5) feet from rear lot lines. -5 Revised 12117191 by Ord. # 30 -91 -1494 16 Revised 12117191 by Ord. # 30 -91 -1494 -' Revised 1113192 by Ord. # 30 -92 -1525 delete ( 6 ) renumber ( 7 ) LDC: UPDATED JUNE 1993 4591 CITY OF SOUTH MIAMI 17 SECTION 20 -3.6 SUPPLEMENTAL REGULATIONS (d) A walk space at least eighteen (18) inches in width shall be provided between pool walls and fences or screen enclosure walls. (e) All setback distances shall be measured from the outside wall of a pool. (2) Pool Enclosures (a) Unless a pool is entirely screened 'in, it shall be surrounded by a protective wall or fence of at least four (4) feet in height. (b) Chain link fencing shall be at least eleven (11) gauge, with a maximum distance between wires of two (2) inches. (c) Any enclosure, other than standard chain link fencing, shall be shown in complete detail on plans submitted for a building permit. (d) Such detail shall include the spacing between the vertical and horizontal wires, spacing and slope of louvers, spacing of posts and such other details as may be required by the City. (3) Gates and Latches (a) Fence and wall gates must close automatically by spring hinges and must be provided with a positive stop at the closed position. (b) The direction for swing of such gates shall be away from the pool during gate opening. (c) Fence and wall gates shall have an automatic latch located so that it is not accessible from the outside by pre - school age children. (d) Automatic latches shall be as required by the South Florida Building(Code. (e) All gates or latches shall be constructed to provide for their use in conjunction with use of a padlock. (f) A padlock shall be in place before final inspection or approval will be given for the pool enclosure. LDC: UPDATED JUNE 1993 -70 CITY OF SOUTH MIAMI 7 SECTION 20 -3.6 SUPPLEMENTAL REGULATIONS (4) Screen Enclosures (a) Screen enclosures shall be of a type approved by the Building and Zoning Department. (b) Screen enclosure doors shall automatically close and lock by hydraulic closers or an approved equivalent. (c) Enclosure door knobs shall not be located less than five (5) feet six (6) inches above grade. (d) Automatic closing and locking devices on screened doors, fences or gates shall be properly adjusted. (e) Gates and doors shall swing shut freely and lock from any position. (f) Minimum for screen enclosures shall be:" -' RT -6 all other districts front 25 feet rear 10 feet 10 feet side, interior 0 feet 7.5 feet side, street 15 feet * setbacks required are set forth in sections 20 -3.5 E, 20 -3.5 F, and 20 -3.5 G (g) Screen enclosures shall not be included in the computation of the total building area or required pervious area; cement slabs within a screen enclosure are included in the computation of required pervious area. (5) Portable Pools (a) Portable pools, four (4) feet or less -above grade, are not subject to the enclosure requirements in this Section. (b) Any steps or ladders leading up to such a pool shall be properly enclosed with fence and gate conforming to the requirements of this Section. L8 Revised 7124190 by Ord. # 12 -90 -1452 L9 Revised 1113192 by Ord. # 30 -92 -1525 LDC: UPDATED JUNE 1993 -73- CITY OF SOUTH MIAMI SECTION 20 -3.6 SUPPLEMENTAL REGULATIONS (K) Whirlpool Spas (1) Open, enclosed or screen enclosures covering whirlpool spas may occupy required rear or side yards, subject to the requirements of this Section. (2) Impervious coverage shall be as per Section 20- 3.5.20 (3) Minimum front setback shall be at the rear of the front building line. (4) Minimum side setbacks shall be five (5) feet each and minimum rear setbacks shall be twelve and one -half (12.5) feet. (5) In instances where a screen enclosure or wall serves as a structural part of the spa, the side setback shall be not less than f ive ( 5 ) feet and the rear setback shall be not less than ten (10) feet from the lot line. (6) Spas shall be subject to the protective enclosure requirements applicable to swimming pools. (L) Boats and Trailers (1) Accessory storage of boats, other than those generally accepted to be of a rowing or paddling type, shall be permitted only on a trailer. (2) Storage of camp trailers shall not be permitted in required front yard setback areas. (M) Tennis Courts (1) Minimum front yard setbacks for tennis courts shall be at the rear of the front building line. (2) Minimum rear and side yard setbacks for tennis courts shall not be less than fifteen (15) feet each. (3) Courts shall be completely enclosed by a chain link fence of at between ten (10) and twelve (12) feet in height. (4) Court lighting is prohibited in RS districts or on lots adjacent thereto. 20 Revised 7124190 by Ord. # 12 -90 -1452 LDC: UPDATED JUNE 1993 7 2 CITY OF SOUTH MIAMI 17 SECTION 20 -3.6 SUPPLEMENTAL REGULATIONS (N) Canopy Carports (1) New canopy carports shall be approved by the Board and may be constructed as accessory structures in the front yard setback in residential districts, provided that they: (a), Shall not exceed ten (10) feet in height measured from grade to the uppermost point of the carport cover. (b) Shall not exceed twenty (20) feet in either length or width. (c) Shall be located at least five (5) feet from the front property line and seven and one -half (7.5) feet from any side property line. (d) Shall have all four (4) sides left open if the structure is freestanding and three (3) sides open if attached to a principal building. (e) Shall have a flexible, weather - proof, canvas or canvas -like cover which shall be maintained in good condition and free from holes, tears and fading. (f) Shall, if it becomes deteriorated, be restored to its original condition or replaced with a new cover by its owner which complies with the requirements of this Section. (g) Shall not remain coverless or have a deteriorated cover for more than fifteen (15) calendar days following notification by the City that the cover condition is in violation of this Section. (2) Canopy carports existing prior to or on the effective date of this Code and located in front yard setback areas in residential districts shall be deemed conforming accessory structures, provided that they: (a) Shall have a permit from the Building and Zoning Department. (b) Shall comply with all applicable maintenance requirements for new carports. (c) Shall be used solely for the storage of operable vehicles or boats. LDC: UPDATED JUNE 1993 6 7 3 CITY OF SOUTH MIAMI TO: FROM: RE: DATES U.LI L."I Os Vyr rrV rV'lr .. City of South Miami INTER-OFFICE MEMORANDUM Bill Hampton, City Manager Earl G. Gallop Land Development Code Administrative Variances July 21, 1994 Dictated, out not revie"c: 00 signed in absence 10 expedite mailing. �ssa=aQaaasa�sfa� ass= �sasrc��naaar= taa��aoaa�CS�aassaaaaasaaaasaa� =7sss� There is a general consensus that a measured flexibility is desirable in varying some requirements in the land development code. For your review, I enclose a copy of Section 33 -36.1, Metropolitan Dade County Code, providing for administrative variances. The code authorizes the director of the building and zoning department to grant certain non -use variances pertaining to setback lines, frontage requirements, setback requirements for screen enclosures, tennis courts, swimming pools and other accessory structures, and so on. The code further provides standards, consent requirements, and for appeal of decisions. Administrating a legal hardship is not a requirement to obtaining an administrative variance. I would like your advice concerning amending the land development code to include such a provision. EGG /egs 13nclosure cc: Dean Mimms Bill Mackey 3336 DADE COUNTY CODE (d) Property split by district boundary. Exten• (2) That the lot coverage is not increased by sion of a district when its boundary splits a more than twenty (20) percent of that nor. privately owned lot. mally permitted. (e) Setbacks; lot area. Variation, the purpose of which is to conform to front line, require- ments of the rest of the block; to allow a reduction in the minimum lot area require- ments or setback where the shape of the building lot or location of existing nearby buildings justifies such variance. (f) Pending survey to verify distances. Issuance of a permit conditional upon the owner's submitting a certified survey to verify dia. tances shown on the plans filed with the application. (g) Special uses. Other spacial types of special usage, such as temporary stands, landing fields, public buildings or structures for tem. porary use, temporary refuse dumps, etc. For other special or unusual uses permitted herein, where any question exists regarding the possibility of said special or unusual use conflicting with or encroaching upon other legally existing uses in any district. (Ord. No. 57.19, § 38, 10.22.57) Sec. 33.38.1. Ad=inistrative variances. (a) Notwithstanding any other provision of this chapter, in RU -1, RU -2, RU -TH, all EU Districts, and those other districts permitting single - family, duplex, and townhouse use, upon application duly made, the Director of the Building and Zoning Department may, 'by administrative decision, ap- prove any "non -use variance" request. For the pur. poses of this subsection, a "non -use variance ", as defined in Section 33.311.1(e)(2), Code of Metro. politan Dade County, may involve matters such as setback lines, frontage requirements, subdivi- sion regulations, height limitations, lot size re- strictions, yard requirements, and other variances which have no relation to change of use of the property in question. Requests varying setbacks, spacing, and lot coverage requirements from those specified elsewhere in the zoning regulations may only be approved providing that they do not ex. ceed the following: (1) That the setback required is not reduced below fifty (60) percent of that normally re- quired. Supp. No. 2 (3) That tho spacing requirement between prin. cipal and accessory buildings is not reduced below fifty (50) percent of that normally re- quired. (b) Notwithstanding any other provision of this chapter, in any district upon application duly made, the Director of the Building and Zoning Department may, by administrative decision, ap- prove any "non -use variance" request or "special exception" from zoning regulations on parking re• quirements for any property designated as an his- torical site and subject to a certificate of appropri. ateness pursuant to Chapter 16A of this Code. Such requeata may be approved providing that "non -use variance" 'requests do not exceed the standards set forth in Section 33.36.1(a) and that "special exception" from zoning regulations on parking requirements requests do not reduce parking below thirty (30) percent of that normally required. Further, the requirements of Section 33- 30.1(i) shall not apply to administrative variances granted to designated historical aites pursuant to this subsection. (c) The Director may vary the setback require- ments for screened enclosures, tennis courts, swim- ming pools and other accessory structures or uses providing that the setback required i9 not reduced below fifty (50) percent of that normally required. (d) In granting the variation and issuing the permit, the Director shall find: (1) That the variance will be in harmony with the prieral appearance and character of the community. (2) That the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (3) That the proposed addition is designed and arranged on the site in a manner that min• imizes aural and visual impact on the ad- jacent residences while affording the appli. cash a reasonable use of his land. 5152 (e) The application for variance shall be made by the fea owner of the property on a form pre- ZONINC scribed by the Department and shall be submitted to the Building and Zoning Department. The ap• plication &hall include an accurately dimensioned plot use plan showing the existing structures on the subject property, the location of the proposed addition, the general location and use of existing structures on the adjacent property from► which the variance is being requested. The application shall include a letter of intent explaining the reason and justification for the proposed addition and variance. The application shall be accompa• nied by: (1) The consent of all the owners of all adja• cent or abutting lots to the aubject prop- erty, and (2) The consents shall also include the owner of the lot(s) immediately across the street from the subject site. (0 Upon receipt of the application for variances, the Director, prior to making his decision, shall have a staff member of his Department inspect the site of tho subject property and the aurrounding properties to determine what impact, if any, the proposed addition will have on the area. The staff member &hall attempt to personally contact the residents and/or owners of the adjacent properties including the property or properties immediately across all acjacant streets, for the purpose of col. Svpp. No. 2 5152.1 133-35.1 A � t t letting additional information relevant to the ap- plication. (g) Upon receipt of all necessary information including a sWT report, the Director shall roview the information and render his decision either ap. proving, modifying or denying the request. A copy of said decision shall be published in a newspaper of general circulation. All approvals or modifica• tions shall not be effective until fifteen (15) days after the Director's decLsioa is published in a news- paper of general circulation. A courtesy notice con- taining the decision of the Director may be mailed to adjacent and abutting property owners of record, their tenants or their agents, that are duly noted on the application. The failure to mail or receive such courtesy notice shall not effect any action or Proceedings taken hereunder. In granting any variances the Director may prescribe any appro. priate conditions and safeguards, he may feel nec- essary to protect and further the interest of the area and abutting properties, which may include but not be limited to the following. (1) Landscape materials, walls, and fences as required buffering. (2) Modifying of the orientation of any open. ing% (3) Modifying of site arrangements. The decision of the Director shall be recorded on the official zoning maps of Dade County. (h) The applicant, or any aggrieved property owncr in tho area, may appeal the decision of the Zoning Director to the Zoning Appeals Board in the manner provided for appeals of administra. tive decisions (Section 33.311(cX2) of the Code). In the event an appeal is made by an aggrieved prop- erty owner in the area the Director may stop or suspend any construction authorized by the vari. ance, until a decision has been made on the ap. peal. In the event the Director should determine that the suspension of the construction could cause imminent peril to life or property he may permit the construction to continue upo a such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances. Upon an appeal by an ag. grieved property owner, the provisions of Section 33.311 shall be applicable. f 8338 �� W The right of the Director of the Building and Zoning Department in so approving requested variances shall be limited to those requests ap• plied to individual lots and where the lot in quee- Lion is within an area where at least seventy-five (75) percent of the lots in a radius of three nun. dred (300) feet from the subject property have al- ready been developed. (Ord. No. 77.12, § 1, 2.15.77; Ord. No. 78.15, § 1, 3. 21.78; Ord. No. 83.12, § 1, 3.1.83) Sec. 33.37. Exceptions to chapter, (a) Where the dimensions of any residential lot are less than prescribed by this chapter for its particular district and it is not possible to acquire sufficient adjoining land to increase the size of said lot to the dimensions required hereby, a permit shall be issued only after approval by public hearing. (b) No use or occupancy of any land or stmc• ture, other than as provided in Section 39.36 and elsewhere herein, shall be permitted in any dies• trict established hereby; nor shall any deviation from any restriction established herein as to size of lot, distance of building from nearest right- of-way line of the highway or street, alley or other thoroughfare, or property line distance, or from any other restriction or regulation provided herein, be permitted, exoopt as provided herein, until after a public hearing. (Ord. No. 57.19, § 36, 10.2257) Sec. 33.38. Stop work orders. For the purpose of inspection, the Director and his authorized representatives shall have free ac- ceas to materials and worts at all times and either or both shall have the power to stop work pending investigation as to materials, work. grades, use and other provisions of this chapter. alas The Director is authorized, where he deems it necessary, to request the execution of any agrees ment for recording. (Ord. No. 57.19, § 14, 10. 22.57) An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20 -4.4 (F) of the Land Development Code to increase distances from off -site parking to uses served, to permit off -site parking in RM and RO Districts, and to remove the requirement for lease agreements; replacing Section 20- 4.4(G) joint use spaces; amending Section 20- 4.4(H) to increase the distance from Metrorail Station to uses served; creating a new Section 20 -4.4 (I) to provide valet parking for hotels, hospitals, offices, restaurants and nightclubs; creating a new Section 20- 4.4(J) to provide procedures regarding the approval of shared parking, valet parking and reduced parking in proximity to Metrorail Station; amending the numbering of subsequent sub - sections; providing for severability; providing for ordinances in conflict; providing for an effective date. N 9P ,0 DEFERRED BY ADMINISTRATION CITY OF SOUTH MIAMI © INTER- OFFICE MEMORANDUM To: Mayor & City Commission L' T �� From: ampton City Manager Background: Date: September 29, 1994 10/04/94 Commission Agenda Re: Item #?: Variance Request for Front Setback by Mr. Hal Henry Hal Henry is the property owner of 6930 S.W. 64 Avenue, a single - family residence. Mr. Henry has requested a variance to reduce the required front setback from 25 feet to 15 feet in order to retain a trellis structure and chickee structure erected without permits within the required front yard setback at his residence. The applicant has not demonstrated a hardship inherent in the land. The applicant may have an opportunity in the future to request an administrative variance, if administrative variance provisions are approved by the City Commission as an amendment to the Land Development Code. The applicant has already been advised by staff to defer his application pending the results of the Public Hearing by the City Commission for a final determination on the administrative variance. Recommendation: Advantage to City: No advantage is evident from granting the request for variance. 2. Disadvantages to City: Approval may weaken the City's established position on variances. 3. Staff recommends denial of the application. 4. This Resolution is pursuant to § 20 -3.5 E of the Land Development Code. 5. The Planning Board voted 3:2 to recommend denial of the application; the Planning Board voted 3:2 to recommend that the applicant be granted a variance to permit the existing chickee but to remain, a portion (not more than 2 feet) of which is located in the required front setback. 6. The following important information is from the Director's report: Approval of an administrative variance may be problematic, since the applicant has erected two accessory structures (chickee, and, trellis structure) in the required front yard. The administrative variance investigation process for this particular case should include consideration as to whether or not accessory structures may be permitted closer to the street than the principle structure (even if the accessory structures conform to the required front yard setback). 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA DENYING A REQUEST FOR A 4 VARIANCE PURSUANT TO §20 -3.5 E OF THE LAND DEVELOPMENT 5 CODE TO ALLOW A FIFTEEN (15) FOOT FRONT SETBACK WHERE A 6 TWENTY -FIVE (25) FOOT FRONT SETBACK IS REQUIRED, BUT 7 GRANTING A VARIANCE TO PERMIT THE EXISTING CHICKEE HUT 8 TO REMAIN, A PORTION (NOT MORE THAN 2 FEET) OF WHICH IS 9 LOCATED IN THE REQUIRED FRONT SETBACK, ON PROPERTY 10 LOCATED IN THE RS -3 (MEDIUM LOT SINGLE - FAMILY 11 RESIDENTIAL) ZONING DISTRICT, AND SPECIFICALLY LOCATED 12 AT 6930 S.W. 64 AVENUE, SOUTH MIAMI, FLORIDA, 33143, AND 13 PROVIDING A LEGAL DESCRIPTION. 14 WHEREAS, Mr. Hal Henry, property owner, has made application for a variance to 15 allow a 15 foot front setback where a 25 foot front setback is required on property located in 16 the RS -3 Medium Lot Single- Family Residential zoning district; and, 17 WHEREAS, the property is located at 6930 S.W. 64 Avenue, South Miami, Florida, 18 33143, and is legally described as follows: 19 Lot 3 of "SHIRLEY ESTATES ", according to the plat thereof, as recorded in 20 Plat Book 62 at Page 92, of the Public Records of Dade County, Florida; and, 21 WHEREAS, the Building, Zoning & Community Development Department staff 22 recommended denial of the application to the Planning Board for a variance upon evaluating 23 the application for (a) consistency with the Comprehensive Plan and (b) compliance with the 24 hardship requirement contained in Section 20 -5.9 (C) of the Land Development Code; and, 25 WHEREAS, on September 13, 1994, the Planning Board voted to recommend denial 26 of the application for a variance (3 -2); and, 27 WHEREAS, on September 13, 1994, the Planning Board voted to recommend that the 28 applicant be granted a variance to permit the existing chickee but to remain (3 -2); and, 29 WHEREAS, the Mayor and City Commission accept the recommendation of the 30 Planning Board. R=Ndm PW #I 31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 Section 1 The application of Mr. Hal Henry for a variance to allow a fifteen (15) 34 foot front setback where a twenty-five (25) foot front setback is required at the above- 35 described residential property is denied. 36 Section 2 • That the applicant be granted a variance to permit the existing chickee but 37 to remain, a portion (not more than 2 feet) of which is located in the required front setback. Wfl 39 40 41 42 ATTEST: PASSED AND ADOPTED THIS 4TH DAY OF OCTOBER, 1994. 43 44 Rosemary J. Wascura 45 City Clerk 46 READ AND APPROVED AS TO FORM: 47 48 Earl G. Gallop 49 City Attorney Neil Carver Mayor c:lreportslhalhenry.var emkdionPW #z To: From: V CITY OF SOUTH MIAMI s © INTER- OFFICE MEMORANDUM William F. Hampton Date: September 19, 1994 City Manager J�A�imls, AICP Director of Building, Zoning & Community Development Dept Re: PB -94 -015: Variance Request for Front Setback by Mr. Hal Henry On September 13, 1994, the Planning Board voted 3:2 to recommend denial of the application by Mr. Hal Henry for a variance to allow a 15 -foot setback where a 25 -foot setback is required on property located at 6930 S.W. 64 Avenue in the RS -3 Medium Lot Single - Family Residential zoning district. The applicant has not demonstrated a hardship inherent in the land; however the Planning Board also voted 3:2 to recommend that the applicant be granted a variance to permit the existing chickee but to remain, a portion (not more than 2 feet) of which is located in the required front setback. Staff has informed the applicant that an opportunity may be available in the future to seek an administrative variance which could allow for a reduction of the front setback up to 71/2 feet. The applicant has been informed that this is only an option, and is only possible if the administrative variance provisions are adopted by the City Commission as currently proposed. The administrative variance ordinance is scheduled for second reading by the City Commission on October 4, 1994. Final determination will be made at this meeting. The applicant's case is further complicated by conflicting information between the architectural drawing submitted and on -site investigation by staff. The central issue is whether or not the chickee but is located within the required front setback. The survey does not indicate the location of the structure; staff did not require the applicant to have the property re- surveyed, due to the cost and the possible rejection of the application for a variance (since there is no hardship). Approval of an administrative variance may be problematic, since the applicant has erected two accessory structures (chickee, and, trellis structure) in the required front yard. The administrative variance investigation process for this particular case should include consideration as to whether or not accessory structures may be permitted closer to the street than the principle structure (even if the accessory structures conform to the required front yard setback). Two letters of objection submitted prior to the Public Hearing by neighboring property owners are attached for your information; these letters are a part of the Public Record and are attached to the Planning Board Minutes at the very end of this item packet. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Dean Mimms, AICP Date: September 9, 1994 Director of Building, Zoning & Community Development Department From: Bill Mackey Re: Item #1: PB -94 -015 Planner Henry Setback Variance REQUEST: Applicant: Mr. Hal Henry Request: Variance from Section 20 -3.5 E to allow a fifteen (15) foot front setback where a twenty -five (25) foot front setback is required on property located in the RS -3 "Medium Lot Single - Family Residential" zoning district. Location: 6930 S.W. 64 Avenue BACKGROUND & ANALYSIS: See attached memorandum by Brian T. Soltz, Planning Intern. RECOMMENDATION: Staff recommends that the Planning Board vote to recommend denial of the variance request. COMPREHENSIVE PLAN: The proposal is not inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. APPLICABLE REGULATIONS: Section 20 -3.5 E of the LDC. s CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Dean Mimms, AICP Director of Building, Zoning & Community Development Dept From: Brian Soltz - Planning Intern -- Date: August 25, 1994 Re: Hal Henry's Variance Request This memorandum concerns Mr. Hal Henry's variance request. Mr. Henry, Planner Bill Mackey and I met on August 24, 1994 to discuss Mr. Henry's options. Mr. Mackey and 1 informed Mr. Henry of the requirements and guidelines discussed in my previous memorandum of August 19, 1994 (attached). We explained to him that both the chickee and the trellis are in violation of the setback requirement,; set forth in the Land Development Code (Section 20 - 3.5 E). We also informed him of the proposed administrative variance ordinance and how an administrative variance could help his request. Mr. Henry chose to take the regular variance route for both the chickee and the trellis. Mr. Mackey also informed Mr. Henry that he must submit proper documentation concerning his position that the American Indians are exempt from the South Florida Building Code. After the meeting I learned of an existing chickee that was built by an American Indian in the City of South Miami located at 6800 SW 67 Street. This chickee needed approval by the Environmental Review and Preservation Board and the property owner was required to apply for a building permit. This chickee was considered an accessory structure (residential) and therefore was allowed to be constructed in the applicant's back yard. Attachments c: Bill Mackey, Planner Kathy Vazquez, Chief Code Enforcement Officer QW0RMSXSr.T 0ACK2. VAR To: From: CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM Dean Mimms, AICP Date: August 19, 1994 Director of Building, Zoning & Community Development Dept Brian Soltz j Re: Hal Henry's Request for Planning Intern Variance of setback requirements The City of South Miami sets forth setback requirements in section 20- 3.5(E) of the land development code. The minimum setback for a front yard in the RS -3 district is twenty-five feet. This twenty-five foot setback requirement is important in order to maintain a safe buffer area between structures and the roadway. This setback also provides a consistent front yard appearance for the district. In the case of the subject home located at 6930 SW 64 Avenue the setback requirement has been violated by two structures. The first structure being a wooden trellis beginning at the twenty-five foot setback point and extending twelve feet into the setback area (photos #1 + #2). This trellis was constructed without a building permit thus violating Section 301 of the South Florida building code and city Ordinance No. 14 -90 -1454. The second structure violating the setback requirement is a chickee hut. It's southeast corner also encroaches upon the setback requirement approximately two feet (photo #3). This structure was also built without a building permit. If Section 20 - 5.10 (Administrative Variances) is passed I would recommend that Mr. Henry apply for an administrative variance of two feet. On August 16, 1994 the City of South Miami City Commission held a first reading on an Ordinance amending the Land Development Code to create Section 20 - 5.10. The City Commission referred this Ordinance to the Planning Board for approval. This amendment would allow for administrative variances or "non -use variances" of building setbacks, building spacing, building coverage, impervious coverage, parking requirements, screen enclosures setbacks, swimming pool setbacks, whirlpool spas setbacks, canopy carport setbacks and .accessory structure setbacks. The amendment sets forth four guidelines as follows : l) The variance will be in harmony with the general appearance and character of the neighborhood and the entire community. 2) The variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 3) The proposed addition is designed and arranged on the site in the manner that minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of the land. 4) The variance will be consistent with the City of South Miami's Comprehensive Plan Mr. Hal Henry's administrative variance request would meet the guidelines and does not exceed the standards set forth in the proposed Ordinance (Section 20 - 5.10) amending the Land Development Code. If the Ordinance is approved by the Planning Board it will then be resubmitted to the City Commission for a vote. If passed Mr. Henry would be qualified to apply for the administrative variance. The administrative variance request would require the applicant to submit a current survey, site plan, letter of intent, written consent of all adjacent and "across the street" property owners, and a processing fee. Since Mr. Henry has applied for a regular variance he has already submitted a current survey, site plan, letter of intent, and has paid the processing fee. If the administrative variance is passed all he would need to submit is the written consent of the adjacent and "across the street" property owners. Upon receipt of this additional information the City Manager, prior to making his decision, will have a staff member make a recommendation on the impact of the administrative variance. The City Manager then shall make his decision and the public will be informed including a courtesy notice mailed to the adjacent property owners. The City Manager may prescribe any conditions or safeguards he or the staff feels necessary. If approved by the City Manager the administrative variance would allow Mr. Henry to keep his already existing chickee hut, if it complies with all building regulations (South Florida Building Code) and adheres to all other regulations of the Land Development Code. But the administrative variance would not allow Mr. Henry to keep his trellis. It must be removed because it is in violation of the Land Development Code and is not eligible for a administrative variance. The trellis is not eligible because, if passed the administrative variance only allows a reduction of thirty percent of the normally required setback. Mr. Henry's trellis would require a larger setback variance. An alternative to this suggestion would be for Mr. Henry to continue his regular variance application in which the planning staff would recommend rejection of to the Planning Board and the City Commission. The staff would recommend rejection because of the trellis being such a violation of the Land Development Code. However if Mr. Henry could prove that he has some sort of hardship with the land then the staff would reconsider the recommendation. c: Bill Mackey, Planner Kathy Vazquez, Chief Code Enforcement Officer r� Dear Board Mem-K x$: WAY i '.:t C�ai 8::'d O': ?'3C�2"a °ata a home &rmi onv+a »t Edl:iC : nraariN ?ft ,v�a�i�ari�;a a:': i�ovla��i► %v iO4 -ai Thi0 fivnafti is an j. ~ .�..�.Y1r1 8 �n..:y: t »A 6�t Win.. that not o» i s I %.,I e% i N •Y �, as i »e ' nen2 " e d y-as-se-t-S-Kv ,loon d be snarked to ttt i T v ze v hei r owan rsra3ri tti t�s FrankIN? T i ; e-t a i» a I7 av-\t %-, -1 ai» ?t. - raN i1n)iBa �iv.n8 i' oolw T of or :JC,.», i ri � »r� ` r wan NT :::o »ate a »ri a� €^� t ►a �C �:� »wa tha ar::t�i'}yAcT_ \AvA a t�ha F: or. n� +_f�ia �,w1�� itvnairia »�tiw1 ^^A ft �s'3$ covere -un with -fanaa� and i andccane. � f a� t ha ahaa way &.Itc -ter1 a»?; 'k-fr.a tam tri nm the side. the €rC3^t Cate 1 COt�orwT a:abtla�r3 Th�:r . th:a r`ai i is e:ac avra.,.3ar1 , w`_r�. v_.M��a�c �� »ria��aar -�, to »rnlsi rTn s.sarYnf -h �r,rl`�» ftns +retvra_r_n_i.bR_ g_� »riff sadi �r.w,i r,n �»�� r; r,i rnrr_ t?�:Li$ tYS+T T i �a »tT VSath:?a% ___rc.7e the aesthat2.Ca.• o€ the • tune t» rT+•�v»A }- i T� T its T» tha rear of tha msj irate »tion was to extend the exi etina 'too? scl#ee» over the Slab i n t9La Dana o� the dertrcve the o_vi -stina »onT --`eem T_r, ths, �TMnr+;+_ -.� ni r_t'1e �ta'^ti . a We, 1: aM , %r 'pat 1y" i a» .t�`me :':aa rdari riprd •i» •tlan_,mher the American 1.n'dia »a norm- cons d w T arta-em C.Olic e, but i» ti n` roar. T» ^N -e;aY Ito aeatheti jai INY »s,S T thn. enti"'e v ar,d tCMDt!:e�" . a �w;aI 7 Chi kee but was as`hae!L1es »t Tit added to the �front . te: na S iChi -, ei aht . tha I v A t_ai T J ?�a raw: -.Ier3 at the Marta . and the Ctickee hu-t % -,as Oa��S V �C »atrs�nt,ord s.3o� »M fhb avi�ti::C fanr;a ��.: »wQr±'a . Tt s.Iw� thol»M::t hC..�a�. a� th�t the un ---t o» tha coi�thaaat oar »ate T 'SiTL Eccordi::M to *p:D 8�.?.r��es�� anrT ai to »T ws+v tP�a�a i e »M onCrO$CA bnt on tha front Varri aattaot: ranl.:i Mama »t» o +-h& !„Ai oPaa v a r+11 i r a ri 8aeT 4 vNpi tv t::6 .iar k'{ na area. .towe\: er C!oes. re on tA.ic t ei S i e. 9 &oco�a±e t� tie �a�±ace EeoQiat±o�s e03e e��St slte a §■�6e�i� i �e�ett to tie la -^«. t±oa VSo '^e @Viste. §^I!c�,% !.n. t ^ § =e a�§ ��0 0§a t�i�os ab��t t &e co�et�aoti2� o£ tie I55Z �o ■e, i. �t t B I�o t dI +h& ��o�e� ! t�B £t�■et, 44 !@ �■ �a�� le £tom * ?o Id es n" aoe= to 1 T at §9 S",.A Z. S0 tbat the Iook I K@ it a± ±a ±e; ±+ P% tie st�eet. it to nt,- 7+ o I 9e es at�eet.. Ita k IF oo siae ±=o 11 P% Iic ■t10 , aka 1I t e e a�e adz �ien. ee Gail 2e Et0 ±e. S ±�ce�ei9, WIT-§VU§v §§3O C= 94 Xle� �e V± i, Flo.-i §a 3]143 [305! 6§§ -0770 � 1 . x �r 1 r r, lit\ `- � :ti •'. f"i, � fir•" /,: •t � ( '� {N� \� y �(� ,/ f .t �'* '� .0 � ` _ ✓i � � Iii .�• ,Y' l JI �` 4\ � r Iii , �.� •}) .�.%�jY � .� ,.�,� -� �.'.�''�`ti {Z.a 0 FIE: % V VN' 4 A"m or og ir \ y LO 4.01 � 4 . � . .- � '..;.� � ` � � _ •mot i ;� -f 1-.- V 'I. I r)l E A 3 MtW Owl •olp C4 In A* rn Ir T N 0-0 AVE, • 4z k cz it MC, i r t m Al J r W No. 3c Z, 0 9 I � 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, September 13, 1994, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on all of the following matters. On Tuesday, October 4, 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 all of the following matters. PB -94 -015 Applicant: Mr. Hal Henry Request: Variance from Section 20 -3.5 E to allow a fifteen (15) foot front setback where a twenty -five (25) foot front setback is required on property located in the RS -3 "Medium Lot Single - Family Residential" zoning district. Location: 6930 S.W. 64 Avenue; South Miami, Florida 33143 (A single - family residential property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL A 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. COPIES OF ANY PROPOSED ORDINANCES CAN BE INSPECTED IN THE CITY CLERK'S OFFICE. 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 SN 44 S7. r�`�I/iOC7G •Il, _ i � w 1 • J� ♦ I • t / p y Of d J V Sw ,,/ 11 t ; � y I• rc t � � #1 I Aw 2 J � r r " r l 3 N h r/ it 'Mr 1 }ate f I♦ of IV Y1 � 1 >: � d • r f N IN • ,� 3 N It $ 1' i !' � s '• � rr 4 t 0 t r r a NC 2S __. � { � UNIT"— • • '�!'Y• ? •IY�COin/ � '� •aft J�•JI.IO /� �" li / , 1 1 ... j' r 1 �� _ 'n 1 11, Y... 1 /r N 1• } w y .•DTI. MAILTAI& AREA 1. - -------------- -+-ir ©a I !--1, V� r ' �1 { INN r� w i1 1 •ii r , APPLICANT: 177e. //C., / He4n Y OWNER: MAP REFERENCE: ;9,30 Pe Aver ^r.e . Compass COMMENTS : Scale l.. r•? �wn voe'fc,flcco t�V.� l�!''OnT T Date. '9y.. . Drn T4 .. Chk . ! . . CITY of MUTA MIAMI oo PLANNING. D%RD Hearing No.OAT. 9 *R t { N 1 f " ! } 11 � r ! w i1 1 •ii r , APPLICANT: 177e. //C., / He4n Y OWNER: MAP REFERENCE: ;9,30 Pe Aver ^r.e . Compass COMMENTS : Scale l.. r•? �wn voe'fc,flcco t�V.� l�!''OnT T Date. '9y.. . Drn T4 .. Chk . ! . . CITY of MUTA MIAMI oo PLANNING. D%RD Hearing No.OAT. 9 t—iir ur �uuim MIAMI LoNING PETITION Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: ( 305) 663 -6325; Fax #: ( 305 ) 666 -4591 PS -94 -015 Applicant: MR. HAL HENRY Request: Variance from Section 20 -3.5 E to allow a fifteen (15) foot front setback where a twenty -five (25) foot front setback is required on property located in the RS -3 "Medium Lot Single - Family Residential" zoning district. Location: 6930 S.W. 64 Avenue; South Miami, Florida 33143 (A single - family residential property) IS 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): Zoning Petition REcEff vED SEP a ivv,: B., Z. & C.D. a Page 1 of :3. LUN 1NU Ht I 1 1 l UN (Continued from Page 1) We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the request(s) listed on the preceding page. I Of I I t. _ r r I I r r I I r r 1 I r r Zoning Petition Page 2 of 2 I 1 16 `1 /u- 4q 7/00 � I 17 I Of I I t. _ r r I I r r I I r r 1 I r r Zoning Petition Page 2 of 2 III. Public Hearings: PB -94 -015 Applicant: Mr. Hal Henry Request: Variance from Section 20 -3.5 E to allow a fifteen (15) foot front setback where a twenty -five (25) foot front setback is required on property located in an RS -3 "Medium Lot Single- Family Residential" zoning district. Location: 6930 S.W. 64 Avenue Staff requested denial, however, they suggested the applicant come back and apply under the proposed administrative variance, if and when it is approved. Public hearing portion was opened. Mr. Hal Henry, the applicant, signed in. Ms. Thorner suggested the applicant remove possibly five feet of the trellis. Mr. Henry said he would take the suggestion under advisement. Executive session was convened. Staff read two letters from City residents requesting denial of the request into the record. Motion: Mr. Basu recommended approval of the request as presented, provided structures are maintained and no alterations are made to structures. Motion failed for lack of second. Second Motion: Mr. Gutierrez recommended denial of the request as presented. Mr. Ribas seconded the motion. Vote to Deny: Approved: 3 Disapproved: 2 (Ms. Thorner) (Mr. Basu) Mr. Gutierrez recommended to the City Commission that the intent of the Board is to retain the chickee but by the granting of a variance not proposed in the original request. Ms. Thorner seconded the recommendation. Vote: 9 Approved: 3 Disapproved: 2 (Mr. Basu) (Mr. Ribas) 9 -13 -94 Planning Board 6390 S.W. 69 Street South Miami Florida, 33143 September 9th, 1994 Planning Board City of South Miami Building, Zoning b Community Development Dept. 6130 Sunset Drive, Miami Florida 33143 Dear Sir /Madam, Re Hearing No.015 Variance for Setback. Applicant Mr. Hal Henry's request for variance from Section 20 -3.5 E to allow a fifteen(15) foot front setback where a twenty- five(25) foot front setback is required on property located in the RS -3 "Medium Lot Single- Family Residential " zoning district, at location 6930 S. W. 64 Avenue, South Miami 33143. I would like this request to be denied, and the structures on this property required to obey the setback regulations. Setback regulations are meant to preserve the esthetic appearance of this community. This is a single family residence neighborhood. The structures : Thatch hut, Trellis and huge Statue-in this front yard would have been more pleasing to the neighborhood had they been placed in the rear yard of this premises. As it is we who live in the immediate vicinity are forced to see this on a daily basis. I believe that these structures are not in keeping with the general atmosphere of this neighborhood. I feel that they affect the marketability and market value of my property. I urge you to recommend to this City Commission that this request be denied in the best interest of this progressive City of South Miami. Thanks in anticipation Signature of owner Carole Butler RECEIVED spa o ir,4 A B., Z & C.G. Signature of Notary Publi,r- - - - -_ CAROLE A. GFUMM ' Fjj MY COMIMISSIpN 0 CC 193181 Date: _ A t �? WIRES: May 30, 1998 /� _ Bonded 7?n 14004 Pudk Undww►Ibn Planning Board City of South Miami Building, Zoning & 6130 Sunset Drive, Dear Sir /Madam, 6387 S.W. 69 Street South Miami Florida, 33143 September 9th, 1994 Community Development Dept. Miami Florida 33143 Re Hearing No.O15 Variance for Setback. Applicant Mr. Hal Henry's request for variance from Section 20 -3.5 E to allow a fifteen(15) foot front setback where a twenty- five(25) foot front setback is required on property located in the RS -3 "Medium Lot Single - Family Residential " zoning district, at location 6930 S.W. 64 Avenue, South Miami 33143. I very strongly object to this request being granted. I do not think that it is in the best interest of the ambiances of the residences in this community, no indeed in all of South Miami. I am trying to maintain my property , and fear that this gross structure will depreciate the property value and general appearance of this neighborhood. I urge you to recommend to this City Commission that this request be denied in the best interest of this progressive City of South Miami. Thanks in anticipation Signature of owner Signature of Notary Public Subscribed and Sworn to this 12th day of September, 1994, by Pearl A. Shelton, personally known to me. Date: nI L-A ,d )E C14:11 ' i SEP I1�ty�: B., Z. & C.D. it ral.d i N _4r y Public - State of Florida � 6 '83�F1THAL Mr COMMISSION # CC 274407 �7 EXPIRES: April 30. IW „ ,4� 9o�aw nw Nut�ry F+�io than CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Co n Date: September 29, 1994 10/04/94 Commission Agenda From: 'William F. Hampton Re: Item #ID: Special Use Permit for City Mar4er Koo Koo Roo California Kitchen Back ra ound: This Resolution concerns the request by Androulakis - Korres, Inc. for a special use permit for the operation of a General Restaurant by Koo Koo Roo California Kitchen. The subject property is located at the corner of Sunset Drive and S.W. 58 Court (previously J.J.'s American Diner which is now closed), and located in the SR (Specialty Retail /Residential) zoning district and Hometown District Overlay. This facility is at a prominent location, and the structure is designated as a Contributive Building in the Hometown District. The current entrepreneur is required to apply for a special use permit, since the proposed internal layout, main entrance and use of the building are being modified. Exterior design changes are minor (canopies, new doors, signs) and will be reviewed by Environmental Review & Preservation Board. Recommendation: 1. Advantage to o City: Passage of this Resolution increases the options for pedestrians in the Hometown District and preserves this familiar location (previously J.J.'s American Diner) for use as a restaurant. Although it is not the express desire of the City to specify the location of restaurants, this location has proven to function well for use as a restaurant. 2. Disadvantages to City: None. 3. This Resolution is pursuant to § 20 -7.12 of the Hometown District Overlay Ordinance, and § 20- 3.4(B)(4)(b) of the Land Development Code. 4. The Planning Board voted 6:0 to recommend approval of the application as presented. 5. The application is consistent with the Comprehensive Plan. �D 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR A 4 SPECIAL USE PERMIT PURSUANT TO § 20 -7.12 AND §20- 3.4(13)(4)(b) 5 OF THE LAND DEVELOPMENT CODE TO PERMIT A GENERAL 6 RESTAURANT OPERATED BY KOO KOO ROO CALIFORNIA KITCHEN 7 ON PROPERTY LOCATED AT 5850 SUNSET DRIVE, SOUTH MIAMI, 8 FLORIDA, 33143 (A COMMERCIAL PROPERTY IN THE HOMETOWN 9 DISTRICT) AND PROVIDING A LEGAL DESCRIPTION. 10 WHEREAS, Androulakis - Korres, Inc., property owner, has made application for a 11 special use permit for the operation of a General Restaurant by Koo Koo Roo California 12 Kitchen in the Hometown District pursuant to § 20 -7.12 of the Hometown District Overlay, 13 entitled "Permitted Uses" and § 20- 3.4(B)(4)(b) of the Land Development Code, entitled 14 "Special Use Conditions ", to allow a General Restaurant in the Hometown District and the 15 SR (Specialty Retail /Residential) zoning district; and, 16 WHEREAS, the property is located at 5850 Sunset Drive, South Miami, Florida, 17 33143, and is legally described as follows: 18 Lot 16, Less the North 30 feet thereof for Public Road purposes, "W.A. 19 LARKINS SUBDIVISION ", according to the plat thereof, as recorded in Plat 20 Book 3 at Page 198, of the Public Records of Dade County, Florida; and, 21 WHEREAS, the Building, Zoning & Community Development Department staff, upon 22 evaluating the special use permit application for consistency with the Comprehensive Plan, 23 has recommended that careful consideration be given concerning the nature of the use; and, 24 WHEREAS, on September 13, 1994, the Planning Board voted 6:0 to recommend 25 approval of the application for a special use permit for the operation of a General Restaurant 26 by Koo Koo Roo California Kitchen in the Hometown District; and, 27 WHEREAS, the Mayor and City Commission accept the recommendation of the 28 Planning Board. Rc"uam Page 1 I U, 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 SECTION 1. That the application by Androulakis- Korres, Inc., property owner, for a 32 Special Use Permit for the operation of a General Restaurant by Koo Koo Roo California 33 Kitchen in the Hometown District at 5850 Sunset Drive is hereby approved. 34 PASSED AND ADOPTED THIS 4TH DAY OF OCTOBER, 1994. 35 36 37 38 ATTEST: 39 40 41 42 43 44 45 10 Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor c:\reports\kookooru. use Resolution Page N 2 To: From: /0 Addmbb� CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM William F. Hampton Date: September 23, 1994 . City Manager De i Pis, AI P Director of BZCD Re: PB -94 -017: Special Use Permit for Koo Koo Roo California Kitchen On September 13, 1994, the Planning Board voted 6:0 to recommend approval of the application for a special use permit for the operation of a General Restaurant by Koo Koo Roo California Kitchen in the Hometown District on property located at 5850 Sunset Drive. I concur with the Planning Board's unanimous recommendation for approval of this application for a special use permit for the operation of a General Restaurant in the SR District. The proposed restaurant is at the southwest quadrant of the intersection of Sunset Drive and S.W. 58 Court, which is the location of the now - closed, J.J.'s American Diner (also a general restaurant). The proposed 2760 square foot, 76 -seat restaurant includes an adjoining, 1080 square foot, 24 -seat, "Arrosto" coffee shop; the floor plan also includes a 720 square foot component of unimproved future retail space. The application states that "Koo Koo Roo is a sit -down, take -out restaurant featuring fresh, hot turkey carved from the whole bird in front of the customer, rotisserie chicken, skinless flame - broiled chicken and fresh hot and cold side dishes ". Arrosto Coffee serves upscale and flavored coffees, plus pastries and desserts. A special use permit for a general restaurant in the SR District must meet the follwoing conditions of approval as specified by Section 20- 3.4(B)(4)(b) of the Land Development Code: (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit The Land Development Code defines the General Restaurant use under Section 20 -2.3 as follows: RESTAURANT, GENERAL. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers by a restaurant consumed; or, employee at the same table or counter at which said items are Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights - of -way, and sidewalks may not be used for patio or street -side services of any kind. This arse anay include takeout service, but excludes any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. Analysis - This application meets the conditions of approval for a special use permit for a general restaurant and meets the Code's definition of general restaurant. The restaurant is contained wholly on private property, and will not offer patio or street side services in the public right -of- way. The site plan shows substantial interior renovations within this "Contributive Building" in the Hometown District, and minor exterior renovations (including removing glass block in order to construct a corner entrance at Sunset and S.W. 58 Court, a change which is viewed favorably by staff and Planning Consultant Victor Dover) which will be subject to ERPB review. The proposed site plan in staff's opinion merits approval by the Commission and will enable substantial property renovation at a well -known Hometown District location. The remaining condition for special use permit approval of a general restaurant is that no drive -in or fast food services are permitted. The proposed restaurant has no drive -in component, and is not a fast food restaurant, which is not defined by our Code, but is defined in the American Heritage Dictionary, 3rd ed., as follows: "Fast food n. Inexpensive food, such as hamburger and fried chicken, prepared and served quickly for consumption on the premises or elsewhere." The applicant made a convincing presentation to the Planning Board on this issue (fast food) and described comprehensive on -site preparation of all major ingredients from scratch (excluding canned corn and beets), including 24 -hour marination of turkey, prior to its being fresh - roasted. The food is prepared in a time - consuming manner and includes a wide variety of fresh ingredients. (Each Commissioner will be provided for their review a copy of Koo Koo Roo franchise information, including a menu, which will further communicate that this is non -fast food restaurant concept). Food is ordered and received in a cafeteria -type line and served on "upscale" paper plates, with metal silverware. The customer then proceeds to a table set with flowers. Take -out can be accommodated, and is envisioned by Mr. Aronson (Koo Koo Roo franchise owner) to account for approximately 28% of sales at this location; Mr. Aronson anticipates that 15% of sales will be delivered, and that the remaining 57% (approximately) will be for seated customers. Both deliveries and take -out service are allowed under the Code defuiition of general restaurant. Although the Code definition states that "cafeteria -style restaurants ... food and beverages are generally served in non - disposable containers," this language does not preclude disposable containers (described above by the applicants as "upscale" paper plates). In conclusion, this special use permit application meets the Land Development Code criteria for a general restaurant and should be approved. The renovation and new business represented by this application are in accord with the City's on -going interest in encouraging development and re- development and enhancing the commercial tax base. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Director of Building, Zoning & Community Development Dept From: Bill Mackey Planner Z-&/ /v Date: September 9, 1994 Re: Item #2: PB -94 -017 Koo Koo Roo Restaurant Request 1: Special Use REQUEST: Applicant: Androulakis- Korres, Inc. represented by Koo Koo Roo Country Kitchen Restaurants Request 1: Special Use Permit for a restaurant, general in the SR Specialty Retail district, as specified in Section 20 -3.3 (D) of the Land Development Code. Location: 5850 Sunset Drive (formerly J.J.'s American Diner) BACKGROUND & ANALYSIS: See attached memorandum by Brian T. Soltz, Planning Intern. RECOMMENDATION: The staff recommends that the Planning and evaluate the proposal, in order to approval, disapproval or approval with Commission, regarding the nature of th determine whether or not this use does ( B)(4)(b)( ii) , and whether this use is the Hometown District. COMPREHENSIVE PLAN: Board carefully consider best recommend either modifications to the City is restaurant use, to comply with Section 20 -3.4 or is not appropriate in The proposal is not inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. APPLICABLE REGULATIONS: Section 20 -2.3 Definitions (Restaurants) Section 20-3.:3(D)Permitted Use Schedule Section 20 -3 .4(B)(4)(b)( i i) of the LDC . To From: to CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM Dean Mimms, AICP Date: September 9, 1994 Director of Building, Zoning & Community Development Dept Brian Soltz %Y' Planning Intern Re: Androulakis, Korres Inc. Koo Koo Roo Restaurant Special Use Permit This memorandum concerns the request for a special use permit for a restaurant by Androulakis, Korres Inc.. The subject property is located at the corner of Sunset Drive and 58 Court (5850 Sunset Drive). This places the property in the "SR" Specialty Retail Zoning District and within the Hometown district. The previous use of the property was a restaurant named JJ's Diner. This property is a very prominent location in the hometown district and any decision on the use should be a careful one. The applicant proposes to divide the property into three parts. The first part, approximately sixty percent of the building, will be used by a franchise restaurant named Koo Koo Roo Country Kitchen. Koo Koo Roo is a sit -down / take -out restaurant featuring turkey and chicken. The second section, approximately twenty percent will house Arrosto Coffee Shop. Arrosto Coffee Shop will offer different types of coffee and a selection of pastries. The remainder of the building will be reserved for a retail use not yet determined. This Special Use Permit is only needed for the restaurant and the coffee shop portion of the property. Special uses may be approved and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20 -3.3 E), and that such use complies with the following requirements and any other conditions that the City Commission may consider appropriate and necessary: 1) Use must comply with all requirements established in the appropriate zoning districts. 2) Use must be compatible with the existing or planned surrounding uses. 3) No service of a fast food nature shall be permitted. c A0 According to the Permitted Use Schedule, the Restaurant, General use is allowed with a Special Use Permit in the "SR" Specialty Retail District. The staff believes that the Restaurant, General use is consistent and compatible with the existing and planned surrounding uses. Both the Hometown Plan and the Land Development Code provide for the Restaurant, General use. The proposed use complies with zoning requirements contained in the Hometown District Ordinance and in Section 20 -3.4 (B)(4)(b), except for a possible conflict with Section 20 -3.4 (B)(4)(b)(ii). Staff believes that the proposed use is questionable considering whether or not it is consistent with the Section 20 -3.4 (B)(4)(b)(ii): (ii). No services of a drive -in or of a fast food nature shall be permitted. The staff recommends that the Planning Board and the City Commission carefully review the proposed use to determine if the nature of the use is consistent with this subsection. Attachments Bill Mackey, Planner SECTION 20 -3.3 (D) /v Z CD N= N G D 2 S TR 2 C T Liquor Store R L M N S G I H P P C P USE TYPE 0 0 0 R R R P I R O A Mobile F Vendors N R Monument Sales P D R Liquor Store P P P 11 Lumber & Building Materials Store P 11 Mobile F Vendors Monument Sales P M otorcycle Dealer S P 9 11 Newsst d S S P P Office Supplies S S P P P Paint, Glass & Wallpaper Store P P P 1 11 Pet Sales or Grooming Se vi P PIP 1116111 Plant Nursery or Greenhouse P P 11 Plumbing Shop P P 11 Poultry, M or Seafood M t P P P Recreational Vehicle Dealer - 11 Restaurant, Accessory S S 16 14-5a, N/; Restaurant Convert e ce 7 Restaurant, General so S S P 4b 1 7 Restaurant, Walk Up S S 4c 7 sewing, Needlework o 'e G d Store PIP Shoe Store P P P 11 Small Restaurant S 19 12 Sporting Goods Store Tobacco Shop S S P P P P 16 11 Used Merchandise Store:Antiques P P P 11 Used Merchandise Store:Consianment Goods S S S 6 11 Used Merchandise Store:Secondhand Goods S S 6 11 Used Merchandise Store:Vehicle Parts S 6 11 Variety Store IP P P Wholesale Sales & Storage I I P1 1 1 13 .Ac Revised January 15, 1991 by Ord. # 3 -91 -1468 under Section 15 -63, Miscellaneous provisions, South Miami Code of Ordinances (see next page) LDC: UPDATED JUNE 1993 4 S CITY OF SOUTH MIAMI SECTION 20 -3.4 SPECIAL USE CONDITIONS (3) FUNERAL HOME (a) All such uses shall be located on a site of not less than one (1) net acre in area. (b) All such uses shall have not less than twenty -five (25) off - street parking spaces on -site. (c) No parking spaces shall be located between the front or side of the principal structure and any street right -of- way line. (d) All ambulances and other equipment shall be stored in a completely enclosed structure when not in actual use. (e) Principal structures shall have a minimum setback of at least forty (40) feet from any side property line. (4) RESTAURANTS4 (a) RESTAURANTS, CONVENIENCE i. No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including, but not limited to, traffic circulation, landscaping, lot size, access and facility arrangement for this Special Use Permit. � +(b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. ` Revised 08121190 by Ord. # 13 -90 -1452; Revised 11119191 by Ord. # 25 -91- 1491 -A LDC: UPDATED JUNE 1993 /O 4:B CITY OF SOUTH MIAMI iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. (c) RESTAURANT, WALK -UP i. Containers for the proper disposal of waste materials must be provided by the restaurant at all times during the hours of operation. The number of required containers shall be that approved by the City Commission. Such containers must be kept clean and well maintained at all times. ii. No such facility shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. iii. This use excludes any service to a customer in a motor vehicle, but may include delivery service with City Commission approval; seating is not required; food may be consumed at inside tables or at the patio area on private property. Public streets, rights -of -way and required setbacks shall not be used for street -side services of any kind. iv. No Walk -Up Restaurant may sell or offer for sale any alcoholic beverage for consumption on or off the premises, including delivery, at any time. v. The City Commission shall review and recommend approval, disapproval or modification of all site plans and specifications, including, but not limited to, pedestrian circulation, facility access and facility arrangement for this Special Use. (d) RESTAURANT, DENSITY i. Respective restaurant sites shall not be allowed to occupy more than the following percentage of the allowable first floor building area of any of the following zoning districts: NR 5% I 10% GR 25% SR 25% LDC: UPDATED JUNE 1993 /0 4 9 CITY OF SOUTH MIAMI SECTION 1 - • L DEFINITIONS RESTAURANT, ACCESSORY. Shall mean an establishment where the principal business is the sale of food and =everages to the customer in a ready -to- consume state and where the design or principal method of operation consists of = small specialty restaurant having floor area exclusively within an office center, sharing common parking facilities with other businesses within the office center, and having access to a common, =- -erior pedestrian and delivery service, but excludes any service -o a customer in a motor vehicle. Seating must be provided for all patrons and signage outside the center is prohibited. Revised 11 -19 -91 by Ord. # 26-91 - 1491 -A RESTAURANT, CONVENIENCE. Shall mean an establishment where the principal business is the sale of food and --everages to the customer in a ready -to- consume state and where the design or principal method of operation is that of a fas- -food or drive -in restaurant offering quick food service, where or -ers are generally not taken at the customer's table, where food _: generally served in disposable wrapping or containers, and where 'ood and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with City Commission approval. Revised 11 -19 -91 by Ord. # 26- 91- 1491 -A RESTAURANT, GENERAL. Shall mean an establishment where the principal business is the sale of food and everages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either :_ the following: Sit -down restaurants where customers are normal!-% provided with an individual menu and food and beverages are gener_ _ly served in non - disposable containers by a restaurant employee a- the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumes on the premises. All such cafeteria -type establishments shall pro:--de only inside or patio service on private property. Catering service shall be allowed as an additicnal use in the SR zoning district. In either the case of Sit -down or Cafeteria - -ype restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all pat_=ns dining on the premises. Revised 11 -19 -91 'by Ord. 126 -91- 1593 -A LDC: UPDATED JUNE 1993 2 0 C TY OF SOUTH MIAMI U11 AD fastening AMERICAN HERITAGE DICTIONARY fas - ten -ing (fiis/a -ning) n. Something, such as a hook, used to attach one thing to another firmly. fast food n. Inexpensive food, such as hamburgers and fried chicken, prepared and served quickly for consumption on the premises or elsewhere. — fastf -foodf (f .Ast1food1) adj. fast - forward (fAst- forlward) or fast forward n. i.a. A function on an electronic recording device, such as a videocassette or tape player, that permits rapid advancement of the tape. b. The mechanism, such as a button, used to activate this function. 2. Informal. A rapidly changing situation or series of events: "The trial was on fast forward" (Nelson DeMille). —fast- forward v. -ward -ed, -ward -ing, - wards. —intr. To advance a tape rap- idly on an electronic recording device. — tr. To advance (a tape) rapidly on such a device. fas -tid -i -ous (M- stid'e -as, fa -) adj. 1. Possessing or display- ing careful, meticulous attention to detail. 2. Difficult to please; exacting. 3. Excessively scrupulous or sensitive, especially in matters of taste or propriety. See Synonyms at meticulous. 4. Microbiology. Having complicated nutritional requirements. [Middle English, squeamish, particular, haughty, from Old French fastidieux, from Latin fastzdiosus, from fastfdium, squeamishness, haughtiness, probably from fastus, disdain.] —fas- tidIi- ous -ly adv. — fas- tidii- ous -ness n. fas -tig -i -ate (M- stijfe -it) also fas- tig- i -at -ed (- e- a1t1d) adj. Botany. Having erect and almost parallel branches tapering to- ward the top, as in the Lombardy poplar. [Medieval Latin fastf- gidtus, high, from Latin fastigium, apex, height.] —fas - tig i - i - ate - ly adv. fas -tig - i - um (fA -stij 1 e -am) n. The period of maximum sever- ity or intensity of a disease or fever. [Latin, apex, height.] fast lane n. Informal. A reckless, self - indulgent, and free - spending sphere of activity, often involving dissipation: "the cu- linary fast Iane ... where sea urchins and arugula salads flourish" (Boston Globe). — fast, -lane) (f .Astflani) adj. fast -ness (fAstinis) n. 1. The condition or quality of being fast, especially: a. Firmness; security. b. Rapidity; swiftness. 2. The quality or condition of color retention; colorfastness. 3. a. A secure or fortified place; a stronghold. b. A remote, secret place. fast one n. Informal. A shrewd trick or swindle; a deceitful or treacherous act. fast -talk (fAstft6k1) tr.v. - talked, - talk -ing, - talks. Informal. To persuade, mislead, or obtain with a smooth line of talk: fast - talked him out of his money; fast- talked her way into the show. — fast'- talkfer n. fast track n. Informal. The quickest and most direct route to achievement of a goal, as in competing for professional advance- ment: "Making complaints against the public is hardly the fast track to elective office" (New Yorker). — fast'- trackf (fastf- traki) adj. —fast trackfer n. fat (f At) n. I. a. The ester of glycerol and one, two, or three fatty acids. b. Any of various soft, solid, or semisolid organic corn- pounds constituting the esters of glycerol and fatty acids »nd their. r 0 0 N l0 �s K00 M K00 R00 RESTAURANT suae- nine a w a omw sous mm. n .nw Charles Giller, AIA REASONS FOR CHANGE SPECIAL USE PERMIT 1. The premises have been used as a JJ's restaurant for approximately 11 years. 2. Approximately 60% of the premises are proposed for use as a Koo Koo Roo restaurant, approximately 20% for use as an Arrosto Coffee restaurant, and the remaining portion for an undetermined, but code authorized use. A. Koo Koo Roo is a sit - down /take -out restaurant featuring fresh hot turkey carved from the whole bird in front of the customer, rotisserie chicken, skinless flame - broiled chicken and fresh hot and cold side dishes. It is a full service restaurant in the "back of the house" and a rapid service restaurant in the "front of the house." Emphasis is placed on clean and cheerful decor. Current system wide hours of operation are 11 A.M. to 10 P.M. Koo Koo Roo is listed on the NASDAQ exchange. It is based in Los Angeles and has a strong presence there with seven restaurants in the market and several others in various phases of development /construction. B. - Arrosto Coffee is a concept purchased by Koo Koo Roo, Inc. after it was voted best coffee in Los Angeles. It is in development to be franchised nationally. In addition to "up scale" coffee presentations, flavored coffees are rotated weekly. Bagels, pastries and desserts supplement the coffees. 3. The corner of the location at Sunset and 58th is currently glassed in. Applicant proposes to open up the corner with an attractive entryway. This will return the focus of the property to Sunset Drive and will enhance the look of the property. 4. The use of the interior is consistent with the former use; although, a complete renovation of the interior is planned. See Koo Koo Roo brochure submitted with this document. No brochure is available for Arrosto. /10 I r _ � y . k. O�Q�i I City of South Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant: �•} -,, ^u„(u( <<t ��.� e c ?'y,� Phone: �.L. -) -!'l C, 2 Property owner : „7,,, , .�.� ( �,, t fir`, _ ,.r r �� signature, Address: <l1 Phone Number: Represented By: Organization: /ids �.c ixs cr ;,. .r.o Phone: 6 Address: A,, 6 ” ,, r. (-,.42 % y �' Y d Architect /Engineer: �� / z �, CC- r- Phone: Owner -L 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 16. 0,q/L/>-7Z. i c, , Lot(s) Block Subdivision ' C ,�Rf'',v f. PB S -lAf Metes and Bounds: Township Section `3� Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance Special Use — Rezoning _. Text Amendment to LDC _ Text Amendment to Comp Plan _ PUD Approval _ PUD Major Change Briefly explain application and cite specific Code sections: 9p, t,� C : 442 h(Al SECTION: �' 3 SUBSECTION: L) // PAGE #: Lob AMENDED DATE: SUBMITTED MATERIALS ?Z Letter of intent statement of hardship ._ Reasons for change: from owner /tenant inherent in the land list justifications Proof of ownership Z 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 furnished are true and correct to the best of the applicant's knowheVer_ ant belief ,..c 'G ``c.fC,t X d , / 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. OFFICE USE ONLY : DATE FILED 3_L� CCEPTE REJECTED,� DATE PB HEARING -P5 COMMISSION ��` PETITION REQUIRED �-- > ADVERT DEADLINE ��J OTHER INFO PETITION ACCEPTED t�� , PLA N OF SURVEY Scale: 14= 20� �.taJ • 72nd ST'• 3�j.00 r� u A.V 4,9 Lo 3 u o .�o - - ou%.NL Vi, 1QDu PAC Ap 7" 7- -C. a 0 I .. I- 5& iV T 0 n 1.� o d 5.0' V � a 4J r ►,10 n � o c � � . N WOO" 5. I 4� fA / V • fV � :r•.* Cone. 0 i 0 40.10 40 . CiQ . esPN.ot.Z- s 75. 75.32- � (Meab.� Fouuo +j ¢�+� P` P tl3 oveAleZ. w%M5 Po %e .l� o i rT�l�"1 U S UJ Z 1 Z I C CPlv�M�1,IZ' Gt1�'�O G Gc.1P$) .Q I �or�9,na�'Pro,perFy ��ne. I I 2 2, Co Ob G Cam. Tm-v- '75,0o C Zc� tl-`Z 7 75.32 (Meat,.) r� u A.V 4,9 Lo 3 u o .�o - - ou%.NL Vi, 1QDu PAC Ap 7" 7- -C. a 0 I .. I- 5& iV T 0 n 1.� o d 5.0' V � a 4J r ►,10 n � o c � � . N WOO" 5. I 4� fA / V • fV � :r•.* Cone. 0 i 0 40.10 40 . CiQ . esPN.ot.Z- s 75. 75.32- � (Meab.� Fouuo +j ¢�+� P` P tl3 oveAleZ. w%M5 Po %e .l� o i rT�l�"1 U S UJ WOO" 5. I 4� fA / V • fV � :r•.* Cone. 0 i 0 40.10 40 . CiQ . esPN.ot.Z- s 75. 75.32- � (Meab.� Fouuo +j ¢�+� P` P tl3 oveAleZ. w%M5 Po %e .l� o i rT�l�"1 U S UJ 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, September 13, 1994, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on all of the following matters. On Tuesday, October 4, 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 all of the following matters. PB -94 -017 Applicant: ANDROULAKIS - KORRES, INC. Request 1: Special Use Permit for a restaurant, general in the "SR" (Specialty Retail) District, as specified in Section 20 -3.3 (D) of the Land Development Code. Request 2: Variance from Section 20 -4.3 (I)(12) to permit a flat sign which does not face the address street on the property located in the "SR" Specialty Retail District. Location: 5850 S.W. SUNSET DRIVE (72 STREET); South Miami, FL 33143 (A Commercial Property, Located in the Hometown District) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL A 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 TIME 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. COPIES OF ANY PROPOSED ORDINANCES CAN BE INSPECTED IN THE CITY CLERK'S OFFICE. 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 Al i -s--w - - .A =K 11NrvlRSJJY QAWNJ NO I P JRACJ A r#ACJ ,n MEN �o !,e , -,)t �Q MEN ..M- .o0�i o �i lilt 7 dam !' sue© mr. �a won � � a IN s� .I/ �� t r. n I� �1 �: JAR ROR IAN G! . .r r. • 7f • 04 r 10 r• ,G jecK. A jw 14 1 APPLICANT: /'1�r'ON G k : S ko,--e&5 17h C. OWNER: MAP REFERENCE: 5-;9 �d C �,/' C��s�, �, n�,� � ?� S* Compass COMMENTS : v V J Iv Sca 1e GS �Sk�! -, :l -1 -�/ Date. .. ... Drn .0 !rS .Chk. .. CITY Ow MUN MIAMI ow PLANNING 50AP D Hearing No. 01R. U. PB -94 -017 Applicant: Androulakis - Korres, Inc., represented by Koo Koo Roo California Kitchen Request 1: Special Use Permit for a Restaurant, General in the SR (Specialty Retail) District, as specified in Section 20 -3.3 (D) of the Land Development Code. Request 2: Variance from Section 20 -4.3 (I)(11) to permit a flat sign which does not face the address street on the property located in the SR (Specialty Retail) District. Location: 5850 Sunset Drive (formerly J.J.'s American Diner) [A HOMETOWN DISTRICT PROPERTY] Staff recommended denial of the variance and suggested careful review of the request for a special use permit, request number 1. Public hearing was opened. Mr. Mitchell Aronson, representative of Koo Koo Roo California Kitchen, signed in. Mr. Aronson stated that the applicant requested deferral of request 2 due to lack of required number of signatures on petition. Mr. Aronson spoke in favor of request 1, special use permit for a. restaurant. Mr. Aronson clarified the concept of "fast food" restaurant, and explained that Koo Koo Roo California Kitchen did not consider themselves to be this type of restaurant. He stated that they classify themselves as a "home -style / home - replacement" type of restaurant. , Mr. Aronson stated his guarantee that a drive -in or drive -thru establishment will not be attempted at the site. Executive session was opened. The Board spoke in favor of the request, citing positive development and improvement in pedestrian traffic within the SR District. Motion: Mr. Gutierrez recommended approval of request number 1 of the application, special use permit for a restaurant, as presented. Mr. Basu seconded the motion. Vote: Approved: 6 Disapproved: 0 9 -13 -94 Planning Board Ap RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING AS THE INTERIM CITY MANAGER OF THE CITY OF SOUTH MIAMI PENDING THE APPOINTMENT OF A PERMANENT CITY MANAGER AT A SALARY OF BI MONTHLY; SAID FUNDS TO BE EXPENDED FROM ACCOUNT NO. 2100 -5510, GENERAL CONTINGENCY,FUND. WHEREAS, the City of South Miami has received the resignation of the current City Manager and a vacancy exists; and WHEREAS, the City of South Miami has a Commission - Manager form of government and the Commission now wishes to appoint an interim manager until a permanent City Manager is appointed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. That be and is hereby appointed as Interim City Manager of the City of South Miami at a salary of bi- monthly; said funds to be expended from Account No. 2100 -5510, General Contingency Fund, to serve in such capacity until a permanent City Manager is appointed. PASSED AND ADOPTED THIS DAY OF , 1994. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR CARVER - C = T Y O F SOUTH M = AM = ® INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: September 28, 1994 Agenda Item # rz From: illia ampton Re: Comm. Mtg. 10/04/94 City Mager Independent Outside Auditor Background: The City has employed the same independent outside auditors for the past eight years. Prudent business practice dictates a change in the independent auditor periodically. The following CPA firms have been interviewed: 1. Sharpton, Brunson & Company, P.A. 2. W.B. Koon & Company, P.A. 3. Watson, Rice Hadnott, Thompkins & Cruz, P.A. I am recommending Sharpton, Brunson & Company, P.A. as the City independent auditor for the fiscal years ending September 30, 1994 and 1995. Attached for your review are the following: 1. Resumes of the company partners 2. List of current clients 3. Company brochure Recommendation: 1- Advantage to City: - South Miami will have highly recommended professional firm to annually review the City's financial operations. 2- Disadvantages to city: None 3- The City Manager recommends approval of the Resolution. 4- The selection of an independent outside auditor is pursuant to Article IV, Section 3E of the City Charter. Funds for this purpose are included in the 1994 -95 budget. ccpaaudit 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 3 OF THE CITY OF SOUTH MIAMI, FLORIDA, 4 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN 5 AGREEMENT WITH SHARPTON, BRUNSON & COMPANY, 6 P.A. CERTIFIED PUBLIC ACCOUNTANTS, TO PROVIDE 7 INDEPENDENT AUDIT SERVICES FOR FISCAL YEARS 8 ENDING SEPTEMBER 30, 1994 AND 1995. E 10 WHEREAS, Article IV, Section 3E of the City Charter of 11 South Miami requires the City commission to designate a qualified 12 independent Certified Public Accountant to review, examine and 13 report on all City fiscal matters; and 14 WHEREAS, the firm of Sharpton, Brunson & Company, P.A. 15 has been selected to provide independent auditing services for the 16 City of South Miami after interviews with other auditing firms; and 17 WHEREAS, the City Manager recommends the awarding of the 18 auditing contract to Sharpton, Brunson & Company, P.A. as in the 19 best interest of the City. 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 Section 1. That the City Manager be, and hereby is, 23 authorized to execute the attached contract which is made a part of 24 this Resolution, with Sharpton, Brunson & Company, P.A. for 25 independent auditing services for the fiscal years ending September //01 1 30, 1994 and 1995. 2 Section 2. Pursuant to the aforesaid contract, the fee 3 for each fiscal year described in Section 1 will not exceed 4 $26,000, plus out of pocket costs not to exceed $600.00. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 /a. Section 3. Upon the recommendation of the City Manager and approval by the City Commission the independent Auditors' contract with Sharpton, Brunson & Company, P.A. may be extended in future fiscal years. PASSED AND ADOPTED this day of October, 1994. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY F;VjW -11101 A om MAYOR Sharpton. Brunson & Company, P.A. CERTIFIED PUBLIC ACCOUNTANTS ONE SOUTHEASTTHIRD AVENUE. SUITE 2100. MIAMI. FLORIDA 33131 TELEPHONE: (305) 374 -1574 / FACSIMILE: (305) 372 -8161 September 27, 1994 William F. Hampton, City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Hampton: This letter sets forth our understanding of the terms and objectives of our engagement, the nature and scope of the services we will provide, and the related fee arrangements. We will audit the City of South Miami's (City) financial statements as of and for the year ended September 30, 1994, in accordance with generally accepted auditing standards, and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and OMB Circular A -128, "Single Audits of State and Local Governments "; as well as AICPA standards and procedures and requirements of federal and state agreements and statutory requirements to the extent required by applicable auditing standards. The audit services provided shall comprise the preparation of the Comprehensive Annual Financial Report for the City. As a part of our audit, we will consider the City's internal control structure and assess control risk, as required by generally accepted auditing standards, for the purpose of establishing a basis for determining the nature, timing and extent of auditing procedures necessary for expressing our opinion concerning the financial statements and not to provide assurance on the internal control structure. We will prepare a separate written report on our understanding of the City's internal control structure and the assessment of control risk made as part of the financial statement audit. Our report will include: (1) the scope of our work in obtaining an understanding of the internal control structure and in assessing the control risk, (2) the City's significant internal controls or control structure including the controls established to ensure compliance with laws and regulations that have a material impact on the financial statements, and (3) the reportable conditions, including the identification of material weaknesses, identified as a result of our work in understanding and assessing control risk. /2 - arpr.on. B:��, n', :—.:)., i oz f : ompany. P. A. Page Two Compliance with laws, regulations, contracts, and grants applicable to the City is the responsibility of the City's management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatements, we will perform tests of City's compliance with certain provisions of laws, regulations, contracts, and grants. However, our objective is not to provide an opinion on overall compliance with such provisions. We will prepare a separate written report on our test of compliance with applicable laws and regulations. This report will contain a statement of positive assurance on those items which were tested for compliance, negative assurance on those items not tested, and a description of all material instances of noncompliance. At the conclusion of the engagement, the City's management will provide to us a representative letter that, among other things, will confirm management's responsibility for the preparation of the financial statements in conformity with generally accepted accounting principles, the availability of financial records and related data, the completeness and availability of all minutes of board of directors and committee meetings, and the absence of irregularities involving management or those employees who have significant roles in the control structure. We understand that our reports on the internal control structure as part of the financial audit and on compliance with laws and regulations are intended for the information of the audit committee, management, and others within City of South Miami. This restriction is not intended to limit the distribution of this report, which is a matter of public record. A timetable to complete the engagement should be discussed and agreed upon as soon as possible. We will require between three to four weeks to complete field work. A draft of our report will be rendered within ten business days following completion of field work. Final reports shall be issued no later than ten business days following our review of the preliminary draft of the financial statements unless unexpected factors are encountered. This estimate may not be achievable if problems are encountered with regard to the condition of the accounting records or their completeness. If such problems are discovered, we will discuss the matter with you immediately in order that we can reach an agreement as to the resolution of the situation. �I?i13'PC0.11. ✓i'Lii o m paii�ti'. Page Three Our fee for the above services will be $26,000, plus out -of- pocket costs not to exceed $600. The City of South Miami will be billed monthly as the work progresses with payment due upon presentation. This Agreement shall commence as of the date first written above, for the purpose of auditing the financial statements of the City for the fiscal year October 1, 1993 through September 30, 1994 with the City reserving the right to extend this Agreement on an annual basis for four (4) additional fiscal years subject to mutual agreement by the Auditor and the City. May we remind you that the responsibility for the preparation of financial statements including adequate disclosure is that of the management of the company. This includes the maintenance of adequate accounting records and internal controls, the selection and application of accounting policies, and the safeguard of the assets of the company. As part of our audit process, we will request from management written confirmation concerning representation made to us in connection with the audit. We look forward to full cooperation from your staff and we trust that they will make available to us whatever records, documentation and other information requested in connection with our audit. Please sign and return the enclosed copy of this letter to indicate that it is in accordance with your understanding of the arrangements for our audit of the financial statements. Accepted: By: Title- Date: DIIXII VI11wI1CM . /01 Yours very truly, SHARPTON, NSON & COMPANY, P.A. W'K Anth nv s ,CPA I01 SHARPTON, BRUNSON & COMPANY P.A. FEE EXPLANATION AND AGREEMENT A. Fee Structure From time to time, we get inquiries concerning our method of charging fees. This is understandable since each CPA firm handles fees a little differently and some new clients may not have used a CPA before. This letter is our tool for communicating our fee structure to our clients and other interested parties. B. Basics All time spent by partners of Sharpton, Brunson & Company or their staff members on your matters including, but not limited to (a) accounting; (b) review work; (c) conferences; (d) report preparation; (e) research; (f) telephone calls; (g) settlement negotiations; (h) consulting; or (i) tax preparation and research will be billed at the applicable hourly rates. Each staff member maintains accurate time records, and clients are billed based on actual time spent on their behalf. Since we sell no products and accept no contingent fees, our time and expertise is our only source of income. C. Hourly Rates A standard hourly rate is set for each staff member based on the criteria of experience and ability. If no extenuating circumstances exist, clients are billed using standard hourly rates multiplied by the actual hours worked. Hourly rates vary substantially among staff members -- currently from a low of $55 to a high of $165 per hour. Accordingly, it makes sense to use less experienced staff members to perform routine accounting procedures to achieve the lowest hourly rate. D. Out -of- Pocket Expenses Basic overhead costs are included in the hourly rates. Expenses specifically on behalf of a client is charged to them. Travel, postage, copies, long distance calls, courier services, etc. are included in this category. E. Billin s Billings will be made monthly, but less frequent for limited activity, and are payable in full upon request. If the account has not been paid within 30 days from the date of invoice, a finance /interest charge of 10% per annum on the unpaid balance could be charged. It is understood that Sharpton, Brunson & Company has the right to defer rendering further services until payment is received on past -due billings. If action is instituted to collect accountant's fees and cost pursuant to this Agreement, the undersigned client agrees to pay such sum as the court may fix as attorney's fees and costs. F. Retainer A retainer in the sum of $5,000 is to be paid before work proceeds. Initial services rendered are to be first applied to the retainer fee. G. Termination It is understood between the parties that this Agreement could be terminated for good cause by either party upon thirty days of written notice. SHARPTON, BR An N & COMPANY, P.A. nson Dated: The undersigned acknowledges reading and understanding the foregoing Fee Explanation and Agreement, agrees to the terms thereof, and acknowledges receiving a copy thereof. CITY OF SOUTH MIAMI By: Dated: Mr. William F. Hampton 1/14 SILARPTON, BRUNSON & COMPANY, P.A. ♦ REFERENCES Ed Marquez, Finance Director Metropolitan Dade County (305) 375 -5245 Phil Luney, Assistant Finance Director City of Miami (305) 579 -6350 Cassandra Smith, Chief Accountant Dade County Housing Authority (305) 644 -5175 Ix DARRYL K. SHARPTON, C.P.A. MANAGING PARTNER Position Managing Director, Sharpton, Brunson & Company, P.A. Education and B.S. Florida State University. certifications Certified Public Accountant, State of Florida. Professional Sharpton, Brunson & Company, P.A.: Partner, 1984 history Price Waterhouse: Audit Senior, 1983; Staff Accountant, 1979. Professional Mr. Sharpton has extensive experience in a variety and business of industries including real estate insurance, hotel experience operations and entertainment, professional services, local municipalities, leasing operations and others. He serves as the consulting partner to the Metropolitan Dade County - Florida, Texaco Corporation, Equitable Life Insurance, and the City of Miami. Additionally, Mr. Sharpton is currently providing consulting service to the Florida Department of Insurance and the Florida Department of Transportation. Darryl has acquired a tremendous amount of financial consulting experience in the following disciplines: * Development of Feasibility Studies * Expert Witness Testimony * Highest and Best Use Analysis * Business Damage Claims * Economic Impact Analysis * Capital Budget Development and Evaluation * Construction Claims DARRYL K. SHARPTON, C.P.A. MANAGING PARTNER Professional Additionally, he has gained auditing and and business accounting experiences by participating in the experience (coat.) following engagements: Rouse Company Burger King Corporation Ryder System, Inc. American Bankers Insurance Group Automated Building Components Key Biscayne Hotel VMS Realty Knight Ridder, Inc. Miami Sports and Exhibition Authority Professional Member, American Institute of Certified and community Public Accountants. activities Member, Florida Institute of Certified Public Accountants. Member, Leadership Miami Alumni Association Member, Urban League of Greater Miami. Executive Board of Directors, We Will Rebuild, Inc. Board of Governors and Trustee, Greater Miami Chamber of Commerce Board of Trustees, Miami Dade Community College. Board of Directors, Public Health Trust Foundation - Jackson Memorial Hospital A DARRYL K. SHARPTON, C.P.A. MANAGING PARTNER Professional Rouse Foundation and community activities (cont.) Board of Directors, Florida Breeders Cup Board of Directors, Overtown Community Health Center Board of Directors, Metro -Dade Industrial Development Authority Board of Directors, MECCA -Dade County Public School 1992 Delegate to Republican National Convention Co- Founder, Liberty City Optimist Club 1991 Co- Sponsor, Annual Miller Dawkins Forth of July Picnic Co- Chairman, Minority Contractors Committee - Dade County School Board /2 ANTHONY BRUNSON, C.P.A. ENGAGEMENT PARTNER Position Director -in charge of Audit Services. Education and B.S., Jackson State University. Certifications MBE Dartmouth College Certified Public Accountant, States of Florida and Mississippi. Professional Sharpton, Brunson and Company, P.A.: history Partner, March 1986. Price Waterhouse: Manager, 1984; Audit Senior, 1981. Ernst & Whinney: Audit Senior, 1980; Staff Accountant, 1978 -1980. Professional Mr. Brunson is the firm's State and Local Government and business Specialist. Mr. Brunson is a former manager with a "Big 6" experience accounting firm and has served as its South Florida's state and local government industry specialist. In this capacity, Anthony has had managerial responsibility for the Florida Department of Labor, Metropolitan Dade County, City of Opa- Locka, City of Homestead, Metro Dade Clerk of the Courts among a variety of other governmental districts, municipalities, and state and federal assistance programs. Mr. Brunson's present responsibilities include serving as engagement partner for the South Florida Employment and Training Consortium, City of Miami, Metropolitan Dade County Housing projects, several non - profit organizations and federal, state and local funded programs. Moreover, Tony serves as expert witness in matters involving construction claims and cost allocation methods due to his in -depth knowledge of federal and state theories and practices. r �, ANTHONY BRUNSON, C.P.A. ENGAGEMENT PARTNER Professional In addition to government and nonprofit clients, Mr. Brunson has and business served clients in banking, oil and gas, construction and real experience estate. Other clients which he has held supervisory responsibilities (conLd) include: Exxon Corporation Urban Organizations, Inc. Morgan Guaranty International Bank Banco Industrial de Venezuela Barnett Bank Clark Biondi Company Shafer and Miller, Inc. Professional Member, American Institute of Certified Public Accountants. and community affiliations Member, Florida Institute of Certified Public Accountants. State and Local Government Committee. Member, Government Finance Officers Association. Member, Mississippi Society of Certified Public Accountants. Advisory Council, Hispanic Builders Association Chairman, United Home Care Services Trustee, Greater Miami Chamber of Commerce. Member, Leadership Miami Alumni Association. Board of Directors, Tickets to Paradise. Member, Dade County Industrial Development Authority. Director, Friends of Gusman Past President, National Association of Black Accountants. Past Chairman, Historical Overtown Folklife Village Foundation (IL CLYDE WILLIS, C.P.A. ENGAGEMENT MANAGER Position Audit Manager Education and Florida International University certificates Master of Business Administration with Honors Hampton University B.S. Accounting with Honors Certified Public Accountant, State of Florida Professional Sharpton, Brunson & Company, P.A. listing Audit Manager, July 1991 Thompkins and Company, P.A. Junior Partner, 1984 - 1990 Additional Accounting Experience 1979- 1983 Professional Mr. Willis is a former junior partner of a local accounting firm where he and business handled all accounting and auditing research. Responsibilities also included experience implementation of field audit software applications and supervised the firm's quality control systems. He is primarily responsible for auditing Metropolitan Dade County Department of Housing and Urban Development Programs; examinations included the Public Housing Program; Section 8 projects; Development Cost Audits; Modernization; New Construction and Substantial Rehabilitation Housing Programs. Additionally, he has performed HUD Section 202 Housing for the Elderly Program audits of Four Freedoms House and Home and Housing of Dade County. Clyde has gained extensive experience in audits of Governmental contracts; federal grant programs; general purpose financial statements; as will as OMB Circulars, government auditing standards and the single audit act of 1984. Professional and business experience Professional and community activities CLYDE WILLIS, C.P.A. ENGAGEMENT MANAGER Other Public Sector Engagements Include: City of Miami City of Opa -Locks Tri- County Community Health Center The Parent Resource Center Miami Chamber of Commerce Economic Opportunity Family Health Center Member, American Institute of Certified Public Accountants Board of Directors, Florida Institute of Certified Public Accountants Gold Coast Chapter Member, Government Finance Officers Association Member, Association of Government Accountants Member, Center for the Fine Arts REPRESENTATIVE LIST OF CURRENT CLIENTS PRIVATE SECTOR AMERICAN BANKERS INSURANCE GROUP BARNETT BANK OF SOUTH FLORIDA, N.A. CARIBBEAN BROADCAST, INC. KNIGHT- RIDDER, INC. ROUSE CORPORATION RYDER SYSTEM, INC. CODINA BUSH GROUP ECONOCARIBE GOVERNMENTAL CLIENTS FLORIDA DEPARTMENT OF LOTTERY MIAMI ARENA METROPOLITAN DADE COUNTY METRO -DADS HOUSING AND URBAN DEVELOPMENT AUTHORITY CITY OF MIAMI FLORIDA DEPARTMENT OF TRANSPORTATION SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM MIAMI BEACH DEVELOPMENT AUTHORITY DADE COUNTY AVIATION DEPART WENT NON - PROFIT ORGANIZATION HOSPICE FOUNDATION UNITED WAY FAMILY CHRIS77AN ASSOCL47YON OF AMERICA, INC. DADE COUNTY SICKLE CELL FOUNDATION ECONOMIC OPPORTUNITY FAMILY HEALTH CENTER OPA -LOCKA COMMUNITY DEVELOPMENT CORPORA77ON FLORIDA BREEDER'S CUP GREATER MIAMI CHAMBER OF COMMERCE /"A To: Mayor and Cit From: illTa City Backaround: C =TY OF SOUTH M2�.M2 INTER - OFFICE MEMORANDUM ion Date: September 27, 1994 Agenda Item # 13 pton Re: Comm. Mtg. 10/04/94 Computer Consultant Services 1994 -95 Budget The 1994 -95 Budget proposal contained recommendations to modernize and create a City Computer Network System. During the budget hearings it became apparent that it would be beneficial to have expert advise on the proposal from a computer consultant. Accordingly, Mr. Pages was employed to review the proposal with staff, the City Manager and City commission. Recommendation: 1- Advantage to City: - The City received expert advise for its proposed computer network system. 2- Disadvantages to city: None 3- The City Manager recommends approval of the Resolution. 4- This Resolution is in compliance with City laws. axomputu.wn /3 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 3 OF THE CITY OF SOUTH MIAMI, FLORIDA, 4 AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM 5 OF $2,175 TO PAGES AND ASSOCIATES INC., FOR 6 TWENTY NINE HOURS OF CONSULTING SERVICES 7 REGARDING THE 94 -95 COMPUTER NETWORK PROGRAM; 8 CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 9 2100 -5510 "GENERAL FUND CONTINGENCY." 10 11 WHEREAS, the City Commission and City Manager required 12 expert computer consultant services; and 13 WHEREAS, Pages and Associates, Inc., has provided expert 14 computer consultant services to both the private sector and local 15 governments; and 16 WHEREAS, the City Commission deemed computer consultant 17 recommendations necessary prior to adopting the 1994 -95 budget. 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 Section 1. That the City Manager disburse $2,175 to 21 Pages and Associates, Inc., and charge Account Number 2100 -5510: 22 "General Fund Contingency." /3 1 2 3 4 5 6 7 8 9 10 !3 PASSED AND ADOPTED this day of September, 1994. APPROVED: ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR • Pages and Associates Inc. 5774 S.W. 74th Terrace South Miami, Florida 33143 Description Amount Tx Consulting: ($75 /HR) 8/31 - Initial meeting with City Manager and City representatives - 2 Hrs 9/1 - Meeting with City representatives and review of LAN plan - 4 Hrs 9/2 - Research on potential integrators and providers - 2 Hrs 9/6 - Meeting with City Staff and development of presentation - 6 Hrs 917 - Review of presentation,changes,and presentation to Commission -12 Hrs 9/9 - Presentation to Commission - 3 Hrs Terms: Net Approvals: $150.00 $300.00 $150.00 $450.00 $900.00 $225.00 Sales Tax: $.00 Total Amount: $2,175.00 Amount Applied: $.00 Balance Due: $2,175.00 ' '° Invoice #: 00001083 IDate: 9:10:94 Billing Address: • LL E1N #: 65- 0234690 Attn: William Hampton r i 94 City of South Miami Your Order #• 6130 Sunset Drive South Miami, Florida 33143 CITY. (MANAGER'S OFFICE Project Name: Assessment of South Miami LAN Description Amount Tx Consulting: ($75 /HR) 8/31 - Initial meeting with City Manager and City representatives - 2 Hrs 9/1 - Meeting with City representatives and review of LAN plan - 4 Hrs 9/2 - Research on potential integrators and providers - 2 Hrs 9/6 - Meeting with City Staff and development of presentation - 6 Hrs 917 - Review of presentation,changes,and presentation to Commission -12 Hrs 9/9 - Presentation to Commission - 3 Hrs Terms: Net Approvals: $150.00 $300.00 $150.00 $450.00 $900.00 $225.00 Sales Tax: $.00 Total Amount: $2,175.00 Amount Applied: $.00 Balance Due: $2,175.00 PA(7-:, ES & ASSOCIATES 5114 SW 14 TERRACE MIAMI, FLORIDA 33143 (305) 661.6444 TEL. (305) 661.2631 FAX COMPUTER AND COMMUNICATIONS MANAGEMENT CONSULTANTS September 14, 1994 William Hampton City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Bill: It was a pleasure assisting you in evaluating the LAN plan for the City. I have subsequently been in contact with Sergeant Dan Salerno with regards to the Police server and I have advised him to verify that the police software will work with the operating system proposed by AT &T. The most important area to consider in this hardware purchasing decision is that the software provider, "Excalibur ", confirm that they will operate in the AT &T hardware and operating system environment. I hope that the advice and presentation have helped to simplify your decisions. If you need any further assistance please do not hesitate to call. Sincerely, CA k — Ernest A. Pages Pages and Associates, Inc. Enclosure: Invoice number 1083 /3 i.� CITY mmiA as OFFICE