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01-07-921-9 wr OFFICIAL AGENDA CITY OF SOUTH MIAMI 6,130 SUNSET DRIVE REGULAR CITY COMMISSION MEETING January 7, 1992 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: B. Pledge of allegiance to the Flag of the United States of America C. Presentations D. Approval,,of Minutes - December 17, 1991 E. 1. City Manager's Report 2. City Attorney's Report ORDINANCE - 2ND READING AND PUBLIC HEARING: 3. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending the Tree Committee Ordinance by providing further definitions; increasing minimum height of replacement trees to 8; providing for a fine of up to $1,000 per tree; providing for severability; providing for ordinances in conflict; and providing an effective -date. (Mayor for Tree,Committee) 3/E 4. An Ordinance of the City 4 South i, Florida; amending Section 20-4.4 of the Land Development Code of the City of South Miami, 'Florida and creating a new Section 20-3.4 (B) (21); both to provide for temporary off-site parking; providing for severability; ordinances in conflict; and an effective date. 77 (Mayor) A 7' 4/5 5. An Ordinance of Ate Mayor and City Commission of the.City- o-f South Miami, Florida; amending Section 20-3.6 of the Land Development Code of the City of South Miami by adding a new sub-section (P) to provide conditions upon which non-business home occupations are permitted; --U amending Section 20-2.3 to provide a revised definition of "Home Occupational Licenses;" deleting the existing Section 20-5.10 "Home Occupational Licenses;" providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (Mayor) 6. An Ordinance of the Mayor and city Commission of the City of South Miami, Florida; amending Section 20-3.5 E of the Land Development Code of the City of South Miami to provide an exception for interior 4. side setbacks in RS-4 Districts; providing for severability; providing for ordinances . in conflict; and providing an effective date. 4/5 (May r) 7. An Ordinance of the City of South Miami,; F1or1 a; amending Sections 20-3.3 (D) and 20-3.4 (B) 19 (c) of the Land Development Code of the 4�City of South Miami, Florida to clarify the parking requirement for "Small Restaurants;" providing for severability; ordinances in conflict; and an effective date. (Vice-Mayor) 4/5 OFFICIAL AGENDA January 7, 1990 page 2 RESOLUTIONS FOR PUBLIC HEARING: 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; denying requests pursuant to Section 20 -3.5 G of the Land Development Code to (1) allow a zero foot rear setback for adjacent to residential district, in order to legalize a partially completed addition where a minumum 25 foot rear setback is permitted and (2) to allow a floor area ratio of 36 percent, in order to legalize a partially completed addition, where a minimum 25 percent is pemitted, both in the neighborhood_ retail istrict, by B. J. Everett from the Planning Board of the City of South Miami, Florida, for the property known as South Miami, Florida 33143 and legally described hereinbelow � `0 (P.B. Administration) 4/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; denying a request_ pursuant to Sec. 20 -3.6; (J) (C) of the Land Development Code to allow a nine foot rear setback for erecting a swimming pool, where a minimum rear setback of 12.5 feet is permitted by James M. Filippucci from the Planning Board of the City of South Miami, Florida for the property known as 5681 SW 59 PL., South Miami, Florida 33143, and legally described;hereinbelow. (P.B. Administration) 4/5 RESOLUTIONS: 10. A- Resolu ion of the Mayor and City Commission of the City of South Miami, Florida; authorizing the purchase of six 1992 Ford Crown- Victoria Police Vehicles with accessories for the Police Department for a total price not to exceed $76,314.00 and providing for disbursement from account number 1910- 6430: "Operating Equipment." (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to execute a A contract for demolition of an unsafe structure at 6335 SW 62 Avenue, South Miami, Florida, with Miguel Rodriguez demolition for a total cost not to exceed $2,300.00 as detailed in the attached proposal and charging the disbursement to Account Number 2100 -5510 "General 4r11� Contingency Fund." _.�f�� (.Administration) 4/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to execute a contract for the replacement of window sills and replastering in 5,0 City Hal i with Si 1 vacorp Builders, Inc. fora total cost not to exceed $2,900.00 as detailed in the attached proposal and charging the disbursement to account 1710- 4660 "Maintenance and Repairs of City Hall." t (Administration) 3/5 13. A Resolution of the May rand City Commission of the City of South Miami, Florida; authorizing the -0RR'S POND Homeowners Association, Inc. to demoiish a Coral Rock Wall on Tract "C" of that certain Planned Unit Development known as ORR'S POND, 6497 SW 72nd Street South Miami, Florida 33143 (Administration) 4/5 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; approving the off -site parking lease between Coaches Management, Inc. (f /k /a JJ'S Bar & Grill) and the First. National Bank of South Miami pursuant to Section 20 -4.4 (F),(2-) (c) of the Land Development Code of the City of South Miami. OFFICIAL AGENDA January 7, 1992 page 3 RESOLUTIONS: 15. A solution_of the Mayor and City Commission of the City of South Miami, Florida; requesting the Metropolitan Dade County Public Works Department to construct a median opening at the 4,0 intersection of Red Road and San Ignacio Avenue to serve the area East of Red Road and to improve traffic circulation in the entire area. (Mayor) REMARKS 1. Butler - appeal ERPB 2. Signs Inc. - appeal ERPB You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 3/5 AN 'ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE TREE COMMITTEE ORDINANCE BY PROVIDING FURTHER DEFINITIONS; INCREASING MINIMUM HEIGHT OF REPLACEMENT TREES TO 81; PROVIDING FOR A FINE OF UP TO $ 1,000 PER TREE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 6 -91 -1471 passed on March 5, 1991 the City of South Miami enacted 'a Tree Ordinance; and WHEREAS, thereafter the Tree Commit -tee established thereunder has recommended certain modifications to the Ordinance as set forth in the following proposed amended Ordinance; and WHEREAS, the Mayor and City Commission wish to adopt the suggested modifications to the Tree Committee Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE .MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Definitions. Street Trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the Cif - Y -. Park Trees: "Park Trees" are _herein defined as trees, shrubs, bushes and all other woody vegetation in public parks, and all areas owned by the City, or to which the public has free access. Residential and Commercial Trees: "Residential and commercial trees" are herein defined as trees, shrubs, bushes and all other woody vegetation on private residential and commercial property within the City'. Section 2. Creation and Establishment of a City Tree Committee for the City of South Miami, Florida which shall consist of five members, citizens and residents of this City, who shall be appointed, by the Mayor with the approval of the Commission z s be appointed by the Mayor with the consent of the Commission ,shall be for two years, except the term of three members of the First committee shall be for only one year. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. Section 4. Compensation. Members of the Committee shall serve without compensation. Section 5. Duties and Responsibilities. It shall be the responsibility, of the Committee to study, investigate, council and develop and /or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along street and in other public areas, as well as residential and commercial property. Such plan will be presented annually to the City Commission and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of South Miami, Florida. The Committee when requested by the City Commission, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work. The Committee shall act only in an advisory capacity and the City Commission is not bound by their recommendations. Section 6. Operation. The Committee shall choose its own Chair and Vice -Chair and regulations and keep minutes of its findings. A majority of the members shall be a quorum for the transaction of business. Section 7. Street, Park and commercial Tree Species to be Planted. The attached list constitutes the official street, park and commercial tree species for South Miami,_ Florida. No species other than those included in this list may be planted without written permission of the City Tree Committee Species included on noxious tree list "-***' shall not be planted under any circumstances. Section 8. The spacing of street trees will be in - accordance with the three species size classes listed in Section J7 of this Ordinance and no trees may be planted closer together than the following: Small Trees, 15 feet; Medium Trees, 25 feet; and Large Trees, 40 feet; except in special plantings approved by the tree committee. Section 9. Distance from curb and sidewalk. The distance trees may be 'planted from curbs or curblines and sidewalks will be-in accordance with the three species size classes listed in Section 7 of this Ordinance, and no trees may be planted closer to anv curb or sidewalk than the following: Small Trees, 2 feet; Medium Trees, 3 feet; and Large Trees, 5 feet. Section 10. Distance from street corners and fireplugs. No street tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 20 feet of any fireplug. Section 11. Utilities. species listed as small trees be planted under or within 20 which may be planted within 1 or over or within 5 lateral sewer line, transmission line No street trees other than those in Section 7 of this Ordinance may lateral feet, except for palm trees 5 feet of any overhead utility wire, feet of any underground water line, or other utility. Section 12. Public Tree Care. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alley, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the aesthetic environment and beauty of such public grounds. The City Tree Committee may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any Y injurious fungus, insect or other pest. This Section does not - prohibit the planting or street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 7 through 11 of this Ordinance; however no planting or landscaping shall be done on any municipal property without a permit from the Tree Committee. Section 13. It shall be unlawful for any person, firm, or City Department to top or "hatrack" any street, park, commercial, and residential tree. Topping or "hatracking" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Ordinance at the determination of the City Tree Committee. Where necessary, topping or pruning should be done in stages. Section 14. Dead, Diseased or Noxious Tree Removal on Private Property. The City shall have the right to cause the removal of anv dead, diseased or noxious tress on private property within the City, when such trees constitute an imminent hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. On the recommendation of the City Tree Committee, the City will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within three months after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. Section 15. Removal of Stumps. All stumps of street and commercial trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. In the interest of environmental 4 xr M root prune or otherwise destroy the root system of a ~ means, including construction site preparation, so tree by any as to cause the decline or death of the tree or to cause it to become unstable and a hazard in high winds. The exception to this rule would be to root prune for safe removal to another site with appropriate reduction of canopy to lessen the stress of the move or to protect utilities, structures, or slabs. °'4 Section 19: Appeal. The City Commission shall have the right to review the conduct, acts and decisions -of the City Tree Committee. Any person may appeal from any ruling or order of the Citv Tree Committee to the City Commission. "L tj Section `2-1. Fine. Any person violating Section 13 and /or &�A Section 19 of this Ordinance shall be to a + - f Gu Section �Q. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance. ti ..Section -- 2Q,. -- All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 24' . This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY T A conservation, park and residential property are permitted to leave tree trunks standing for the benefit of nesting birds. Section 6. Interference with City Tree Committee. y person who sha prevent, delay or interfere wit a City, the Tree Committee, or a of its agents, w . e engaging in and about the planting,, cult'vating, m ing, pruning,, spraying, or removing of anv street trees k trees, or trees on private grounds pursuant to Sect' n 14 above, s be reported to the State Attorney's Of ' e for prosecution for violation of Florida Statute -------- ls� Section Arborists' License and Bond. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the Citv limits without first applying for and procuring a license. The license fee shall be $ 25.00 annually in advance; provided, however, that no license shall be required of any public service company or City employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000.00 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. Tree services and arborists shall be issued a copy of the City pamphlet on proper tree pruning and removal. Failure to comply with these standards will result in a fine of up to $500.00 and /or loss of license.�/'� c� Section �. Single Family Residence. Removal of trees with trunk diameter at breast height "DBH" of 8" or greater shall be permitted only if potential replacement canopy is replaced on same property or other property within the City. Replacement trees must be a minimum of 8' in height with a trunk caliper of 2" and selected from approved City Tree List. Section '19. Hazardous Practices. It shall be unlawful to 5 i x ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 OF THE THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING A NEW SECTION 20 -3.4 (B) (21); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code, Which in Section 20 -4.4 provides for off -site parking spaces, provided the spaces are either on land held in common ownership "or held under a lease with a remaining term of twenty (20) years or more"; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for temporary off -site parkin 5 spaces under a less restrictive lease term; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -4.4 F (2) (c) of the Land Development Code be, and the same is, hereby amended to add the following final sentence: The foregoing notwithstanding, off -site parking spaces may be held under a lease with a remaining term of less than twenty (20) years under the special condition set forth in section 20 -3.4 (B) 21. Section 26 Section 20 -3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following new sub - section 21: (21) TEMPORARY OFF -SITE PARKING Off -site parking held under a lease term of at least one year may be utilized under the following special conditions: (a) The use must be for a minimum remaining lease term of one year and must be initially aproved by City Commission as being within the health, safety, the public interest, y, and (b) One utilizing temporary off -site parking under H m �� NOW- • this section must schedule and appear before the Commission one year from the date of the initial approval of the use to obtain Commission approvai for condition of the use. The applicant must show it has either a new lease or a remaining lease, in either case for •� year minimum and that the use remains in the health, - safety ej the P::1- t 11Qk' Otherwise, approval is automatically null and void. Section 3. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the `remainin 9 Portions of this Ordinance. ' � Section 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _th day of 1 1991. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY • 2 .°z>'` —" 35v*°.vz ';rw��,'..�§ -f^.s"ar'E" ETC', F _ a'''Y "%i — — w'. =�m,•r.qu.:a.:v' "b.,". � �^ ft�w ""'4 _- a PB-)1-031 Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, AND CREATING A NEW SECTION 20-3.4 (B). (21); BOTH TO PROVIDE FOR TEMPORARY OFF-SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. Ms. Gonzalez read the request. The Chair declared the Public Hearing to be opened and asked for all those present wishing to speak either for or against this request. There being none, the Public Hearing was deemed closed. Staff clarified that this request had been before the Board at an earlier date and had been deferred to allow time for consultation with Robert Swarthout, Planning Consultant. Mr. Gutierrez reviewed Mr. Swarthout*s recommendations as; (1) accomodating some type of periodic review; (2) allowing outdoor cafes without any parking requirements, and (3) implementing a short term lease situation for outdoor dining activities only. Of the three, Ms. Thorner prefers the second suggestion as the more direct option. Mr. Lefley asked Staff if other uses would, be at a disadvantage with this proposal. Mr. Mackey stated that this is a judgement call whether or- not clear access to pedestrian right-of-ways is more desirable than the ambiance of outdoor cafes. There are both pros, 1 and cons to the question. This was addressed in Mr. Swarthout"s letter.!Ms. Gonzalez stated that this proposal would create more demand for parking at the same time other restaurants will :,be creating a demand for parking. Mr. Gutierrez suggested limiting outdoor seating to a percentage of the total indoor 'seating which will balance the parking. Mr. Parr made a motion to recommend denial of the request as presented. Seconded by Mr. Gutierrez. Notion fails. (Not voted on).::Motion and second withdrawn. Mr. Gutierrez moved to approve the ordinance as presented, with the modification that the short term/leased parking- is only applicable for outdoor dining facilities that comprise 10% of the seating capacity of a:restaurant. Mr. Parr asked that the figure 30% be substituted for the 1:0% Seconded by Mr. Parr. Ms. Thorner ame�ded the motion, "to �ieliminate Sec. 2-21(B) substituting Mr. Swa thout's recommendation in the last paragraph of his letter". Mr. Gutierrez and Mr. Parr withdrew the motion and second. Mr. Gutierrez moved to approve PB-91-031 with the following changes; removing part B of Section 2, Sub-section 21, more specifically the requirement of being required to appear before the City Commission on a yearly, basis for re-approval of the special use and also by i adding to the resolution that this type of 0 parking would only be allowed, f= outdoor dining facilities on a special use basis. Seconded by Ms.:Thorner. Vote:, Approved: 7 Opposed: 0 dU. Juutit f"taflll LIMU.: -ULa c. I JV 1 I V.J t nnV from Robert K. Swarthout. Incorporated 1 407 392 6358 Quah, RABERT K SWARTHOUT. INCORPORATED` can plarrrun ccu�str/tarts 400 South Dixie Highwk , Suite 121 Boca Raton, Florida 33432 -6023 (407'B92-3-800 (305)167 -5800 PRELIXIIN kRY DRAFT October 1.1991 Ms. Sonia Lama. Planning and Zoning Director City of South Miami 61jOSunsetDrive South Miami. Florida 33113 Dear Ms. Lama: E 'e have been asked to comment on a proposed development code amendment that is under Planning Board, consideration. We have been supplied with a draft of the amendment and minutes of a Planning Board meeting at which it was discussed. We would like to respond to the proposed ordinance pm- .wand to the Planning Board concerns as expressed in the minutes. L ThaPropos aVrad nance The _proposed ordinance establishes temporary parking as a special land use by adding a new subsection 21 to Section 20-3.4 (B). Section 20 -3.4 (B) establishes standards for a large variety of specific special uses: subsection 21 just adds one more use and related regulations to the existing list. The proposed ordinance also adds a sentence to subsection 20 -4.4 (F) (2) (c). The added sentence references the temporary parking special use possibilities set forth in the new subsection 20 -2.4 (B) (21). Subsection 20 -4.4 (F) (2) (c) is part of Section 20-4.4 (F). which address the location and ownership requirements- for parking spaces. Plan fn�BuaAA&,ffUtes 1\l.= 4uu6)11- toul111 WGY• u+.• ... -as4 1 -W—OW 181-1 ... From: Robert K. Swarthout, Incorporated 1 407 392 6358 Y t Ms. Sonia Lama. Planning and Zoning Director Cite of South Miami Gciober 1.1991 Page The fax transmission of the Planning Board minutes was imperfect and the minutes themselves were a bit cryptic in spots. Here is what we believe the minutes indicate. Mr. Gutierrez asked if the year -to -year provision could apply to indoor facilities as well as outdoor facilities. Mr. Parr suggested modifying the wording to avoid the "possibility stated above." I presume he meant the one stated by Mr. Gutierrez. Mr. Parr suggests that a variance might be considered. Ms. Lama explained that no hardship is present to justify a variance. Mr. Gutierrez suggested changing the code to allow for waivers of parking to accommodate outdoor restaurants if such ''complies with the Comprehensive Plan." The minutes do not make clear whether he meant if the outdoor restaurant complies with the Comprehensive Plan or if the parking waiver concept pet- secomplies with the Comprehensive Plan. Mr. Lefley believes that the language `'otherwise approval is null and void" is consistent with common Dade County practice and overcomes at least some objections that might otherwise exist. From the minutes, we are not sure exactly what objections Mr. Lefley had in mind. Mr. Lefler moved to consider specifying applicable uses and specifying standards for the annual review. Mr. Eisenhart spoke against a requirement that operators be placed annually- at the "whim and wishes of the Commission. Mr. Lefley's motion failed on a 3 to 3 vote. A 6 to U vote asked for my opinion on this matter. 3, 1> OVantPor&OJZSV tba&is&,UgCrdinance It is important to note that Section 20-4.4 (F) of the South Miami Development Code specifies that required parking be located on the same lot with the structures or uses served. This is a sensible .0. JWu to$ "Oluesse -- _ Imo. .11. . {I..OB ... . . Y.J- - ... From: Robert K: Swarthout. Incorporated 1 407 3926358 Quality: Standard S . Ms. Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page 3 requirement which is contained in nearly all development codes and zoning ordinances. Section 20 -4.4 (F) does allow exceptions to this requirement. IN'e are unsure exactly- how these exceptions work because we find the language obscure. but it, clops appear that under certain circumstances. required spaces may be located off the site where the need for them is generated. Reading between the lines of 20 -4.4 (F) (2) (c), it appears that among the requisite circumstances is the requirement that the land where the parking is located be under common ownership with the land which generates the need for the parking. The instruments of common ownership must be recorded in a form that ensures that the common ownership tiwill, be ongoing. The common ownership may be secured in fee simple or it may be secured by a twenty year lease. If secured by a ,twenty year lease., then the right to occupy the land where the parking need is actually generated is subject to the parking on the separate leased land continuing to be available. If a lease on a site providing ,required parking for another site expires after tiwenty years. then the right to utilize the other site where the need for parking is generated is restricted. The Commission has the right to revoke the relevant occupancy permit after notice and a public hearing. Presumably, the owner of the site -,N here the parking need is generated would still have a grandfather entitlement to use the site for some purpose, perhaps the least intensive commercial uses that would normally be permitted in the district. This is a right which zoning cannot alienate. except by amortization provisions which do not now exist in South Miami. The existing development code language does not specific the point in time beyond which the required twenty (20) year lease must extend; possibly the date of original occupancy is intended. The current regulations are written in a w ay which indicates that off -site parking spaces. whether tied to the site where the need is generated by fee simple ownership or by lease, are only permitted when joint parking is provided by two or more uses. we suspect that this is an unintentional garbling of two concepts., the concept of shared parking and the concept of off -site parking. We think the existing ordinance provisions in Section 20 -4.8 (B) are significant also. Subsection (1) address structures which were originally built according to then applicable dimensional requirements, but which have been made nonconforming with respect to dimensional requirements by virtue of a zoning map. table or text change. Such structures "may continue to be used for azv-- trm 10: soutn miam1 Weu. UL 1 L. 1 9v i 1 u.-►u nm r ayes From: Robert K. Swarthout. Incorporated 1 407 392 6358 Quaiitu' Sta Ms. Sonia Lama. Planning and Zoning Director City- of South Miami October 1.1991 Page [emphasis added] permitted in the district in which it is located. subject to the requirements of this section." Subsection (2) goes on to State that: (a) Use of such structures shall be consistent with parking standards applicable on the first date of such use: and (b) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformitti.- with any dimensional requirement. Ms. Lama tells us that these provisions are interpreted to permit new uses to be established in existing buildings with no parking or inadequate parking so long as the new use does not demand more parking than the original use. This is not -an unreasonable approach, except, however,' in some cases it might be a more restrictive interpretation than the language actually supports. For example.. if a building `�,� ithout on -site parking was built when no parking spaces were required and the building is in a district which permits a restaurant with high parking requirements. then the language appears to permit the establishment of a restaurant even though the building might originally been occupied by a low parking use. 4. Iesp�neP�xipoasaedQrdjnan The proposed ordinance creates a special 'land use via the new subsection 21. but it fails to provide any standards (other than the general health. safety and welfare standard) by which this proposed special land use can be approved or disapproved in particular circumstances. This is impermissible according to at least two Florida appellate court decisions which hold that standards for special uses must be incorporated in the code. The standards can be discretionary, i.e. the question of whether or not they are met in a given case can be subject to interpretation and judgement. However, the standards must be more specific than "health, safety and welfare. "Health, safety and welfare" are the standards which the South Miami City Commission must follow when it enacts zoning type regulations under grant of authority from the state constitution and the state legislature. However, the City Commission must pass on more specific standards to those who administer the ordinance. This is true even when the Commission itself administers the Ao: suucn Miami wru, w. i yy i i u. -* 1 n(vi roye From: Robert K. Swarthout. Incorporated 1 407 392 6358 Quality: Stanc �J Sonia Lama. Planning and Zoning Director City of South Ailiami October 1.1991 Page 5 ordinance. as is the case when it grants approval for a specific use tinder the special land use provisions of the code. Tfe mcvmmenel that the pi - op c7J clinance be .1 ec7'! 2. th e d to pit?VIC/8 -YdesJtlate stalldaldls The proposed ordinance makes offsite parking the special land use. This may or may not be desirable. but it is not all that is needed. It is instead or also necessary to make the use which does not have adequate on -site parking subject to special' land use approval TTe Iecammencl that the 1nlvpascl olxlinance be lvrllaf ed to make plltdooJ' dlnln, rwth Off -srte : bol t LP11IJ- fec?5'C %�tk l%�117� : tht? zzse ii;hich im sublect to special land Ilse l -a viec�: zither than mabrna the paJin per �se szr ile & A? mpaalV Az& zzm i- eviebt �s noted in Part 3 of this letter. the current regulations are written so as to indicate that off-site parking spaces are permitted only when joint parking is provided for two or more uses. The placement of the proposed amendment makes it subject to this problem. If the original combination of joint parking regulations with off -site parking options is indeed unintentional as we suspect. then ii--e .imvmmaa,d that the euistlny olr?lrmance be clallfed so that the cnnfrlsirlalan,Vua� e In mr6swtion 2)-4.4 (F) (2) 69) Is eliminated iwtheJ' thin barn; artencled to the i7a wIT - pi— pomec pi-o vivv ls. Also as noted in Part 3 above. the current regulations are vague about off -site parking owned in fee simple and off -site parking _secured by a twenty year lease. Tf`e l�cnmmend that SllhsectJOn.�'at�) f�� fc� be Pevised to mole cle,81A,. al tJclllate its lntent ?bot# fee simple �Wnd 2) r:.eaJ• Ae-9 -W l off-Ait p«J rng The administrative interpretation of Section 20 -4.8 (B) (1) is reasonable in and of itself, but it is not in accordance with the actual language of 20- 4.8(B) (1). ThhFshouldbeJ�lved,bv amendlng the ?C%mJnlmtJ;9&ve mr n' menclln, the olrllmanc'e Tfe aArVe cT ;th Afm. Lamas opinion that this question does nDt InVOlve ? hcil tys%?I1ti anty t,%Jt' Lak --iv is 17oh? v,?d nca t7uw m2 Exwnding an existing use by removing existing parking or any other means cannot be justified if the result would be a reduction of parking spaces below the minimum required. A hardship variance would be needed if it were the only Keay to make reasonable use of a property., but under the aoutn Miami weu. Ut1 L. 1991 1U.-Ie hM rage o u From: Robert K. Swarthout. Incorporated 1 407 392 6358 Quality: Stande Ms. Sonia Lama. Planning and Zoning Director City- of South Miami October 1.1991 Page 6 South Miami Development Code this is not the case. The South Miami Development Code allows liberal use of existing buildings which are legally nonconforming because they have no parking spaces or because they have inadequate parking spaces; this may be done under the exact terms of Section 20-4.8 (B) or under the City- s administrative interpretation of these provisions. ' A k G'onWt' the lanpraae of the pl Z?p sud ament7'meat c1 °oulcll ml -e inclbai- as we// as oizAd?ol' AkAities szz�yect to .,T eat' b7 --T J -eiIiinv if'theT ��1-e clepwclent on pal in cr that is a vai /able onlT:- OW 'a` T2'r�l'- bT.T•'e�j'.ba&i . This %would be avoided if, as recommended in Part 4 of this letter, we make "outdoor dining with off- -site short term - leased parking" the use Which is subject to special land use review. rather than making the parking per ,sesubject to special land use review. In &9t anT-' f ?cr Was: whether lncloor of olltC%ol: he zrt ligct to T ,ea.1-tO- T.,a-91-.1-a 'Iew-,;v Ions as tfJe app.11mnt is firll,T infolmecl that he IS at 1 ?sl oflo. hyhis investment ifhe loses his steal f term p11rn leases This is a risk which the applicant could" be allowed to take if he deems it worthwhile. If the amendment or something along the same lines passes, the City will be allowing development for which parking is required to supply that parking on a very tenuous short term lease basis.' This is only acceptable so long as the right to continue using the development is equally- tenuous and the developer or property owner understands his risk. We advise that the City require that applicants sign an iron -clad acceptance of the risk expressly waiving their vested right in the improvements allowed by virtue of the short term parking lease. The City attorney could draft such a document. [T bile the above appinach 1s theolrtica/Ir - acceptable. It plvsw1s a pl acticalpmhlem Which the Qj,ma,T •not wish to accept and plv&b /T. rvolr/clhe uvise to avoid. A property owner may sign away his vested right in blood and thereby give an iron -clad acknowledgement that he accepts the risk of loosing his investment if his short term parking lease cannot be extended. Still. South Miami, or any city. might find it difficult to force such a foolish property owner out of his facility if and when his leased parking ceased to be available. The City can' avoid being put in such a situation if it permits "off -site short term - leased parking" to accommodate only outdoor dining which generally requires only a low- investment. Possibly other similar uses which also require only a low- investment could be permitted. In any case. the Cite should still obtain the applicant's iron- clad written 10: scum Miami wea. uci L. 199 f I U:-1J nm rays From: Robert K. Swerthout. Incorporated 1 407392 6358 Quality: Sta 1 L T MS. Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page 7 acceptance of the risk so that his use maybe terminated by the City- if the parking ceases to be available. ,IA G1&lej1VZS sggyas-tivn that the t wi—iq q, be t iv&/ to pla>virle otrt loot' lvsMir int facilities k trol th consiclary'ns, The basis of such an approach should be a planning process finding that outdoor restaurants justify such a generous provision in their favor because they are highly beneficial to the downtown ambiance or make some other highly desirable and unique contribution. The finding should be documented with a simple research study. There should be a public hearing and the advantages and disadvantages should be discussed by the Planning Board and City Commission. It. may even be desirable to add an appropriate policy to the Comprehensive Plan. X11 of this is necessary- or desirable in order to ensure and document that outdoor restaurant. parking Waivers are not just an arbitrary- idea to accommodate the needs of the moment, but are a well- thought through methodology to promote legitimate public police objectives. There also should be either quantitative or qualitative standards which ' govern when and where a particular outdoor restaurant may be approved without the otherwise required parking. We suggest that outdoor restaurant facilities without parking be handled as special land uses rather than calling them parking waivers. From the minute rT-e,beelieve thatllA, ZaAa vsmcl that itiscommon p1.- ?d1c'e fbi .ipp.i-o val, to be nllll and voklilthe concl tJons A? which th8. �?1CTli?T�.9IS i ll° StI JP 't l �° t lolaM %- this'I.a wIn all of ow G'Y7ellG'� TT e comoletelj - ?,o2 re rnith Aft ; Fswhm t that no plopet-ty o rrwer' shoulcbhe at the "whim and rvjkhes "of the Commission There are three possible ways to avoid this in the present situation. First. the City could vote down the proposed amendment which, by allowing a use to be established without secure parking, creates a situation absolutely necessitating some kind of periodic review. Second. we can propose a now amendment allowing outdoor restaurants and the like sans parking as special uses; once such a restaurant had been allowed, there would be no need for periodic review other than the usual administrative review by which all uses are policed to ensure continuing compliance with zoning regulations. To: South-l"faml wed. Oct 2. 1991 1 u:44 "m From: Robert K. Swarthout. Incorporated 1 407 392 6358 Qualit Ms. Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page s Third, we can modify the proposed amendment so that it permits "outdoor dining with off -site short term- leased parking as a special use and so that it incorporates reasonable quantitative and /or qualitative standards upon which the Commission must base its initial approval and periodic reviews. At a minimum, the standards should call for termination of the use if the leased parking ceases to be available. N hen parking remains available, the Commission should not be allowed to terminate the use unless it has been operated in violation of the standards explicitly set forth in the development code or clearly stated as written conditions at the time the specific use was approved. If such written conditions are involved. they should be in furtherance of the explicit standards set forth in the code. Any of these three approaches would be reasonable. but they would not all be equally satisfactory from the perspective of the restaurant which prompted the originally proposed amendment. It appears that the third approach would be best for that restaurant, but it may also be that the second approach could be serviceable. 6. Re w mmeadations We should proceed to draft a revised amendment along one of the -.-,,-three lines stated above. also._ we suggest that previously-mentioned ambiguities in other related parking regulations be clarif ed. Prior to proceeding to prepare the revised amendments, we would like to have Planning Board input. either directly or by way of the staff. The property owner whose needs prompted the originally proposed amendment should also be consulted. This preliminary letter is transmitted as an unsigned facsimile. It will be finalized and signed after City staff and other interested parties have reviewed and inforn-tea us of any relevant facts w hich' we may have overlooked. Very truly- Sours. ROBERT K. SWARTHOUT. INCORPOKkTED Applicant: City of South Miami Request: An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida and creating a new Section 20- 3.4(B)(21) both to provide for temporary off- site parking; providing for severability; ordinances in conflict; and an effective date. Mr. Parr read the request. B & Z Director Lama explained the purpose of this request. At the present time, the only option for acquiring additional parking 'to' meet City requirement is a 20 year _lease. This request allows the applicants to -find a year -to -year lease for the same purpose with the condition that they return to the Commission every year to review the use that they have been conducting and re- approve or not based upon the results of that review. Mr. Gutierrez stated that he understands this when a situation such as that which JJ's Bar and Grill is proposing arises. This restaurant is proposing an outdoor seating area where the parking - lot -is presently located. Mr. Gutierrez asked if this could apply also to erecting a building in the same location? Ms. Lama said that, in the way this is worded, this could possibly happen. No reference is made to in -door or out -door activity. The Chair opened the Public Hearing. There being no one present to speak either for or against this request, the Public Hearing was closed and Executive Session opened. Mr. Parr suggested modifying the wording to avoid the possibility as stated above. Mr. Gutierrez stated that, in an attempt to accommodate the present owners of JJ's Bar and Grill, this request may be viewed as "overkill ". Perhaps Planning Consultant Swarthout or the Board may have a better idea. Mr. Parr said that, perhaps requiring a variance application each time would be more sensible. Ms. Lama explained that a variance for use is not allowed and also, that approval of a variance is based on "hardship running with the land" which would make any request such as this virtually impossible. Therefore, a variance would not resolve this specific problem. 'Mr. ,Gutierrez suggested changing the Code so that parking requirements _could be waived for outdoor cafes in order to encourage that type of activity if it complies with the Comprehensive Plan. PB Minutes 4 09 -24 -91 Ms. Lama explained that JJ's Bar and Grill is proposing an outdoor seating area, which can only be allowed if this request is granted. This request has also been brought to the attention of the City's Planning Consultant, Robert Swarthout. Mr. Lefley feels that this problem is addressed, referring to the Commission Ordinance, second_ page, fifth line from the top, Section 2 -21 (b) "otherwise approval is null and void ". This procedure is common throughout' Dade County. The Ordinance does not give an automatic permanent use. No criteria for denial is stipulated. Mr. Eisenhart noted that the Ordinance does not address the matter after the first year when the applicant must return to the Commission for "a review. He would prefer that their temporary lease agreement included some type of renewable option at the lessees' option. The initial lease agreement would be for one year with additional one year renewal terms. _Mr. Lefley made motion that Staff revisit Section 2(b) of the Ordinance to: (1) explore limiting or specifying uses (2) specify for annual reviews (3) standards should be expanded to include parking other subjects which the Commission should review at the time of the annual review Motion seconded by Mr. Eisenhart, for discussion. Mr'. Eisenhart does not favor an applicant 'having to come before the Commission annually and be at their "whim and wishes" regarding parking., Vote: Approved: 3 Opposed: 3 (Eisenhart) (Thorner) (Gutierrez) Motion failed. Ms. Lama clarified: (1) The Ordinance was prepared by the City Attorney; (,2) the Board may want to refer this back to Mr. Swarthout for clarification inasmuch as Staff does not write the ordinances Mr. Eisenhart listed those as Staff, Consultants and anyone else who advises on these matters. Ms Gonzalez asked that the Board be given copies of any reports or information already done by Mr. Swarthout. Staff reports that Mr. Swarthout did not make a formal opinion in this matter. He merely made a comment on the subject. Mr. Parr made a motion that this request be deferred until Mr. Swarthout can give a- written opinion on the matter. Seconded by - Ms. Thorner. Vote: Approved 6 Opposed 0 y #5 ORDINANCE NO. AN ORDINANCE AMEN DING SECTION 20-4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI AND CREATING A NEW SECTION 20 -3.4 (B)(21); BOTH TO - PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. It was explained by Building and Zoning Director Lama that the Planning Board held public hearing; on this item and then are waiting to make their recommendation until they receive information they feel pertinent from Robert Swarthout, the City's Planning Consultant. Moved by Mayor McCann, seconded by Commissioners Banks and Cooper, that the ordinance be deferred until a recommendation by the Planning Board is received. Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. x II' #14 0R: AN CE NO i AN ORDINANCE AMENDING SECTION 20 -4.4 of THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI FLORIDA, AND CREATING A NEW SECTION 20- 3.4(B_)(21); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved Mayor McCann, seconded by Vice -Mayor Carver, Commissioner Banks and Commissioner Cooper, this be considered the first reading of the ordinance in its entire y and it be placed on second reading and public heating after consideration by the Planning Board. - `loved by Vice -Mayor Carver, seconded by Commissioner Cooper, chat (b) be clarified to state "...or a remaining lease, in either case for a one year minimum, and that the use remains in the health, safety and public interest." Motion passed 5/0: Mayor McCann, yea; Vice-Mayor Carver, yea; Commissioner Launcelott, Yea; Commissioner Banks, yea; Commissioner Cooper, yea. Motion on ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice-Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. - -- �E �R � s ARCHFTEMREIRAMING August 13. 1991 HAND DELIVERED City Commission THE CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami. Florida 33143 RE: JJ's AMERICAN BAR & GRILL 5859 S.W. 73rd Street South Miami, FL 33143 Madam Mayor and Commissioners: As you are aware. JJ's BAR & GRILL, LTD., an affiliate of JJ's AMERICAN DINER in South Miami, has purchased the lease and is currently in the process of renovating the old "Bella Luna" restaurant located at 3859 S.W. 73rd Street in South Miami. It is our intention to convert the old operation into a new restaurant/lounge called "JJ's AMERICAN BAR & GRILL ". We currently have building permits and are underway with the interior renovation of this building. In order to give this building an entirely new image, as well as to improve the entire front entrance to the building, we would like to convert the existing minor parking area in front of the building into a landscaped courtyard with brick pavers. additional landscaping, decorative past lights. and umbrella tables and chairs with seating for approximately 40 persons. This "patio' seating" is allowed by your Code in this area. and it would greatly enhance not only the front of this building, but also it would greatly enhance the sidewalks and pedestrian scale along the edges of these streets. We have presented the site plan and the elevations to your Environmental Review Board. which unanimously- approved the plans and commended this outstanding concept. We have also worked with your Building and Zoning Department. including their having this proposal reviewed by an outside zoning consultant. and all have concluded that this proposal is acceptable. subject to our providing nineteen (19) parking spaces within the 500' radius of our property allowed by vour Code. We have worked with the First National Bank of South Miami and they are willing to lease to us on an annual basis. renewable annually. these nineteen (19) spaces in their lot which is located in the adjacent block diagonally across the street from our restaurant. We consider this front landscaped patio as having "temporary outdoor seating ". which does not affect our ongoing interior restaurant/lounge operation. 2600 Douaias Road, Suite 900 Because of its temporary' nature. we respectfully request that we be allowed to put Coral i oe i3 Florida ) 43 5206 these umbrella tables and chairs on this patio and provide the one year _ lease for FAX (305) 446.2872 5206 . the required parking, which would be renewed annually. We would simultaneously CITY OF SOUTH MIAMI August 13. 1991 Page 2 THE NICHOLS PARTNERSHIP= request that this approval by the City be subject to the City's Annual Review and ARCH / iN Re- approval each year, which would be based on our providing the renewed parking Tease, as well as our track record of providing a quality operation that does not create a nuisance to the City or its residents. In the event that the parking lease was not renewed, or the approval was not renewed by the City Commission, then we', would agree to remove the umbrella tables and chairs from this area and simply use it as an entrance courtyard. I have enclosed a copy of the Site Plan showing this newly landscaped patio for your review. Inasmuch as we are trying to open the new operation in approximately three weeks, we respectfully request to have this item placed on the Agenda for the next City Commission meeting, which will be held on August 27, 1991. We will be present to discuss this in further detail and provide answers to any questions. Thank you for your consideration. Sincerely, JJ's AMERIA9 R & GRILL, LTD. By: Jo ichols Vice President JJ's' BAR & GRILL MANAGEMENT, INC. JRN/iss Enclosure: Site Plan ORDINANCE NO. AN ORDINANCE 'OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SUB - SECTION (P) TO PROVIDE CONDITIONS UPON WHICH NON - BUSINESS HOME OCCUPATIONS ARE PERMITTED; AMENDING SECTION 20 -2.3 TO PROVIDE A REVISED DEFINITION OF "HOME OCCUPATION "; DELETING THE EXISTING SECTION 20 -5.10 "HOME OCCUPATIONAL LICENSES "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for the- uses of real property within the City; and WHEREAS, the Mayor and City Commission wish to amend Section 20 -3.6 of the Land Development Code of the City of South Miami by adding a new sub -se tion (P) to provide co . La are permitted; 20 -2.3 to provide_ a revised definition of and to delete the existing section 20 -5.10 Licenses "; nditions upon which to amend section "Home Occupation "; "Home Occupational NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -3.6 of the Land Development Code of the City of South Miami be, and hereby is, amended to add the following sub- section (P): 1,- (P) Permitted; Other Home Occupations Prohibited (1) ,�N�ae O�c'.:atiehs shall be permitted provided they conform to the following: (a) Occupational activities at the residential unit shall be clearly incidental to the residential activities. (b) Employees working at the residential unit shall all reside at the residential unit. (c) No goods or services shall be dispensed r 1 directly on the site. (d) No inventory of goods shall be kept on the site. (e) No goods shall be displayed for sale or as samples on the site.`^ Vv (f) No customers shall be serviced on the site in any way nor shall the _occupation be conducted in any way which would necessitate customers visiting the site. - (g) All goods, material and /or equipment, other than motor vehicles, which 4;W used off the site shall stored on the site, except A indoors and /or in motor vehicles, (h) No signs relating to the`home occupation or any business shall be located on the site. (i) There shall be no increase in traffic at the site as a result of the occupation. (7) There shall be no increased demand on city services at the site as a result of the occupation. (k) There shall be no reduction of the quality of residential life in the neighborhood in which the residential use is located. This standard shall be met if there is no perceptible evidence that the home occupation is being conducted at the site. Obory "cer,\of "oo a 04rupat4ona"ctiyities 9by neighbors�orvcity'�ffi�ials'� (may � evid4Ace tYlat this standard is not met. (2) which do not conform to all of the above standards er shall be prohibited t: c1Ip�[ti �" n r T i s- (3) tea ==- -� � � --.. � .. � ,.., � � shall be required to conduct -- numaw L 50 2 C- c F ) r r Cr-, Or� *_ that anyone who holds a State of Florida or Dade Countv License mus ak plication for a City of South 1 . ense. No Occupational Permit or Lice may legally issued to conduct any "Other me 0 nation." Section 2. Section 20 -2.3 of the Land Development Code of the City of South Miami be, and hereby is, amended to read as follows: VV" HOME OCCUPATION: A Home Occupation is an occupation 020 conducted as an accessory use to a residential use in a residential unit. For the regulatory purposes of this code, Home Occupations shall include "Nen ^��sQ-H-�e :a�a � r, : v�-cs, was!' and "Other Home Occupations," the former of which are permitted and the latter of which are not in accordance with the provisions of Section 20 -3.6 (P). Section 3. Section 20 -5.10 of the Land Development Code of the City of South Miami be, and hereby is, deleted. Section 4. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or Unconstitutional by an} Court of Competent Jurisdiction, then said holding shall in nc way affect the validity of the remaining portions of this Ordinance. Section 5. All Ordinances or parts of Ordinances it conflict herewith be and the same are hereby repealed. Section 6. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. APPROVED: Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION- 20 -3.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY ADDING ANEW SUB -- SECTION (P) TO PROVIDE CONDITIONS UPON WHICH NON- BUSINESS HOME OCCUPATIONS ARE PERMITTED; ,AMENDING SECTION 20 -2.3 TO PROVIDE A REVISED DEFINITION OF "HOME OCCUPATION" DELETING THE EXISTING SECTION 20 5.10 "HOME OCCUPATIONAL LICENSES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN _CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Ms. Thorner read the request. The Chair deemed the Public Hearing to be opened. Mr. Christopher Cooke - Yarborough, Architect, signed in to speak for this request. Mr. Yarborough stated that he is one of the few persons in the City with a home occupational license. Several others have asked him how to obtain such a license. Also, there are business /activities in his own neighborhood which are more intrusive but are not required to be licensed.` He particularly cited certain lawn service businesses. He has refused to pay for his occupational license renewal until the double standard for their issuance is removed. He suggests that the definition of "business" be clarified and that the ordinance include a business occupation in the home. Zoning already regulates the location of specific activities. He proposes three ways in which to address this natter. (1,) A clear definition of a "business". (2) Modify zoning to allow businesses on a limited scale as delineated in the proposed ordinance. (3) Place a limitation on the occupational license by special conditions, however, enforcement would be difficult. This could be titled "occupational license- residential location. Public Hearing was deemed closed. The Board recommends that the City Attorney re -draft the ordinance to include the following motion. Mr. Parr made a motion to use the term "occupational license - residential location" where appropriate and utilize the definitions which are appropriate for maintaining a residential character. Seconded by Ms Gonzalez. Vote: Approved: 6 Opposed: 1 (Eisenhart) OV-1 #15 ORDINANCE NO. 'AN ORDINANCE AMENDING SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE BY ADDING A NEW SUBSECTION (P) TO PROVIDE- CONDITIONS UPON WHICH NON - BUSINESS HOME DNA T OCCUPATIONS ARE PERMITTED; AMENDING SECTION 20 -2.3 TO PROVIDE A REVISED DEFINITION OF "HOME OCCUPATION "; DELETING THE EXISTING SECTION 20 -5.10 "HOME OCCUPATIONAL LICENSES "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Moved by Mayor McCann, seconded by Commissioner Launcelott, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing after consideration by the Planning Board. Mayor McCann stated that she placed the item on the agenda because there has been quite a bit of discussion with regard what occupations require a license to do at home. It is her opinion that there are certain things that should not require a'home occupational license. Discussion was held with regard to use of "accessory buildings" for home occupations. Vice- Mayor Carver cited the use, by an artist for instance, of an accessory building as a studio. Moved by Vice -Mayor Carver, seconded by Commissioner Cooper, the Section (1) (c) 11No goods or services shall be dispensed directly on the site." be deleted. Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Discussion was held with regard to storage of goods, materials and vehicles on the site of the home occupation. Mbved by Vice -Mayor Carver, seconded by Mayor McCann, that (g)-be--amended to state: - All goods, material and /or equipment,, used in the occupation, other than motor vehicles, which is used off the site shall be stored indoors, with the exception of motor vehicles which shall be store as permitted by Code. Motion was amended by Vice- Mayor Carver, seconded by Commissioner Cooper, to state that: All goods, materials and /or equipment, used in the occupation, other than motor vehicles, as permitted by City Ordinance, which is used off -site, shall be stored on the site, except indoors and /or in motor vehicles. Motion was passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Moved by Vice -Mayor Carver, seconded by Mayor McCann, that subsection (d) be amended to state: (d) No inventory of goods shall be kept on the site. DRAI Motion passed 5/0: Mayor McCann, yea; Vice -Mayon Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Moved by Vice -Mayor Carver, seconded by Commissioner Cooper, that Section 1. (P) (1) be amended to state "may" instead of "shall ". Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea.. Discussion was held to the possibility that there may be conflicts between the City's code and this ordinance. Moved by Mayor McCann, seconded Vice -Mayor Carver, that an amendment be made to the ordinance that the occupation must be listed in the Cole and that there be a provision that anyone required by Dade County to hold a license must then make application for ,a South Miami license. Motion passed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Motion on ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. City Attorney noted that there are asterisks only next to the first tree on the noxious tree list. Mayor McCann stated that the Tree Committee asked that these :be removed in the body of the ordinance and on the tree list. This can be done as a typographical error. City Attorney agreed. Commissioner Launcelott asked that the tree lists be checked for proper spelling of the names of the trees. Discussion was held with regard to trees permitted on commercial properties and trees permitted o.n private property. Vice -Mayor asked if the list refers to residential as there are a number of trees appropriate for residential, which ar'e not listed. Commissioner Launcelott state& that the Commission needs to find out whether or not residential is included. Vice -Mayor Carver stated that he would not like to see trees that are native and appropriate for use, restricted by this proposed ordinance. Moved by Mayor McCann, seconded by Commissioner Cooper, that the motion for second reading and public hearin'g_be amended to state December 17, 1991, as the hearing date. `Motion passed 5/0: Mayor McCann, yea; _Vice-Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDI <NG SECTION 20 -3.5 E OF THE LAND DEVELOP?MENT CODE OF THE CITY. OF SOUTH MIAMI TO PROVIDE AN EXCEPTION FOR INTERIOR SIDE SETBACKS IN RS -4 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for the uses of real property within the City; and WHEREAS, the Mayor and City Commission wish to amend Section 20 -3.5 E of the Land Development Code to provide an exception tar Side (Interior) setbacks in RS -4 districts; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -3.5 E in the Land Development Code of the City of South Miami be, and hereby is, amended to add the following to the "Side (Interior)" setback in RS -4 districts: Sian (Tntprioria 12.5 10 _ 7.5 7.s L b excent that additions to existing structures may have 5 feet interior side-- setbacks yher e_any portion of the building already has a 5 feet setba 82cti_ 2. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no gray affect the validity of the remaining portions of this Ordinance Section 3_. A11 Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. section 4. This Ordinance_ shall take effect immediately at the time of its passage. PASSED AND ADOPTED thia _th day of , 1991. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY #16 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 20 -3.5 E OF THE LAND DEVELOPMENT CODE OF THE CITY TO PROVIDE AN EXCEPTION FOR INTERIOR SIDE SETBACKS IN RS -4 DISTRICTS; PROVIDING' FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Moved by Mayor McCann, seconded by Commissioner Cooper, that this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing after consideration by the Planning Board. Mayor McCann explained that this will permit residents to enclose carports when the slab and roof are already there within five feet of the property line. As a safeguard, the City has already established -that not building can cover more than 30%. of-_the residenti -a1 lot. -- Commissioner Cooper said that this will address the unique situations in the RS -4 district where the Lots, sufficient by prior codes, no longer are as large as what the City requires. On those lots the 7.5 foot setback is a hardship. Motion on-first reading passed 4/1: Mayor McCann, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea; Vice -Mayor Carves, nay. PB -91 -041 Applicant: Mayor & City Commissioners Request: AN ORDINANCE' OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.5 E OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE AN EXCEPTION FOR INTERIOR SIDE SETBACKS IN RS 4 DISTRICTS; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Eisenhart read the request. The< Public - Hearing was deemed open. There being no one to speak' for or against the request, Public - Heating -was closed.. This request is- -to accommodate those properties which were platted with smaller setbacks before the more recent larger setbacks Were instituted. Mr.Eisenhart moved for approval. Seconded by Mr. Lefley. Vote: Approved: 7 Opposed: 0 L-A -ow ��,�',":�� ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTIONS 20 -3.3 (D) AND 20-3.4 (g) 19 (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO CLARIFY THE PARKING REQUIREMENT FOR "SMALL RESTAURANTS" PROVIDING FOR SEVERABILITY; ORDINANCES. IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for permitted uses, including small restaurants, of real property in the City of South Miami; and WHEREAS, pursuant to section 20 -3.4 (B) (19) (c), small restaurants are a special use condition in the SR district, whose "on -site parking must satisfy 25% of Land Development Code Requirements "; WHEREAS, pursuant to sections 20 -3.3 (D) and 20 -4.4 (B) (7), the standard restaurant or eating place requirement is one (1) parking space per one hundred (100) square feet of gross floor area, but section 20 -3.3 (D) presently designates small restaurant parking as "11", which under section 20 -4.4 (B) is one (1) parking space per 300 square feet; and WHEREAS, the Mayor and City Commission believe the original intent of the Code with regard to small restaurants will be served by amending Section 20 -3.3 (D) of the Land Development Code to read parking "1211, which is one (1) parking space per four hundred (400) square feet, and thus comports with the 75% reduction in parking contemplated; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the "Small restaurant's use of Section 20 3.3 (D) of the Land Development Code of the City of South Miami be, and hereby is, ,amended to read as follows: C P _- - -- ZONING DISTRICTS 0 R L M N - - -G- �I = - =H D R 0 0 0 R R R S G Small Restaurant s 19 12 IC, Section 2. That the section 20 -3.4 (B) (19) of the Land Development Code of the City of South Miami be, and hereby is, amended to add the following to the existing sub- section. (19�cbn -site parking requirements must satisfy 25% of Land Development code requirements for restaurants other than those designated small restaurants. Section 3. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any rniir-t of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. section A. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this I th day of _ ^ 199_. APPROVED. MAYOR ATTEST: READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 �:^'°k'srN+, -.-v ;rig;- ,k°`�al�Mrs:- a��''�"� ;r.•fl=.� -° ,x��.��e.�§-a.nT�.��!��.k �*^,. �..•. -"�,`� 5�"�r1�,��„ a �*�s.:,:�u�' . r.�,x, ,� -��t� �.n,�jaF , �., 7�.; s, �.-,^ x�,. a��"kxl�i`"�_`s�F',�m�j,=�'+i�" ° "?. PB -91 -042 Applicant: Mayor & City Commissioners Request AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.3 (D) AND 20 -3.4 (B) 19 (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO CLARIFY THE PARKING 'REQUIREMENT FOR_ "SMALL RESTAURANT"; PROVIDING FOR SEVERABILITY,• ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. Mr. Ligammare read the request. There being no one to speak either for or against the request, the Public Hearing was deemed closed. The previous adoption of this ordinance had an incorrect number of 11 (1 to 300) on the parking chart. This will correct the number to 12 (1 to 400). Mr. Parr made a motion to approve the request as presented, seconded by Mr. Eisenhart. Vote: Approved: 7 Opposed: 0 4,12 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 19 '(c) OF THE LAND DEVELOPMENT MIAMI, FLORIDA, TO CLARIFY THE "SMALL RESTAURANTS "; PROVIDING IN CONFLICT AND AN EFFECTIVE D 0RAF'*1 20 -3.3 (D) AND 20 -3.4 (B); CODE OF THE CITY OF SOUTH PARKING REQUIREMENT FOR FOR SEVERABILITY, ORDINANCES ATE. Moved by Vice -Mayor Carver, seconded by Commissioner Cooper, this be considered the 'first reading of the ordinance in its entirety and it be placed on second reading and public hearing at the next regular City Commission meeting. Vice -Mayor Carver explained that there are discrepancies in the Land Development Code and the "small restaurant" ordinance passed by the Commission. The proposed ordinance should clarify the matter. Discussion was held with regard to whether or not the ordinance needs to be considered by the Planning Board before the City Commission makes a final decision. Moved by Vice- Mayor Carver, seconded by Commissioner Cooper the motion be amended to state that this change will be sent to the Planning Board as long as the Planning Board knows that the ordinance is to coordinate the "small restaurant" chart with the Land Development Code. Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Discussion was held with regard to clarification of Section 2. of the ordinance with regard to the parking- requirements that 'small restaurants' must meet. Moved by Mayor McCann, seconded by Vice -Mayor Carver, that clarification be added to state that at least 25% of the parking must be on -site, the restaurant must be located within 200 feet of a municipal parking lot and employee parking must be off- site. Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Motion on ordinance passed 4/1: Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea; Mayor McCann, 'nay. RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSI'ON'OF THE CITY OF SOUTH MIAMI; FLORIDA DENYING REQUESTS PURSUANT TO SEC. 20 -3.5 G OF THE LAND DEVELOPMENT CODE TO (1) ALLOW A ZERO FOOT REAR SETBACK FOR ADJACENT TO RESIDENTIAL DISTRICT, IN ORDER TO LEGALIZE A PARTIALLY COMPLETED ADDITION WHERE A MINIMUM 25 FOOT REAR SETBACK IS 'PERMITTED AND (2) TO ALLOW A FLOOR AREA RATIO OF 36 PERCENT, IN ORDER TO LEGALIZE A PARTIALLY COMPLETED ADDITION, WHERE A MINIMUM 25 PERC19NT IS PERMITTED, BOTH IH THE NEIGHBORHOOD RETAIL DISTRICT, BY B. J._EVERETT FROM THE PLANNING BOARD OP THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HERETNBELOW WHEREAS, B. J. Everett requested the Planning Board of the City of South Miami pursuant to Sec. 20 --3.5 G of the Land Development Code to allow (1) a zero foot rear setback for adjacent to residential district, in order to legalize a partially completed addition where a minimum 25 foot rear setback is permitted; and (2) to allow a floor area ratio of 36 percent, in order to legalize a partially completed addition, where a minimum 25 percent is permitted, both in the Neighborhood Retail District for the property known as 6480 S. W. 62nd South Miami, Florida 33143, which property is legally desczibed as follows: and Lots 6 and 7, Block 4 of COCOPLUM TERRACE ADDITION, according to the plat thereof, as recorded in Plat Book 48 at Page 38, of the Public, Records of Dade County, Florida; WHEREAS, the Staff did not recommend approval as this was a variance from the Code; and WHEREAS, on November 26, 1991, the Planning Board voted to recommend denial of the request by a 4 - 1 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY sect ---on I t That the request of B. J. Everett pursuant to Sec. 20 -3.5 G of the Land Development Code to rear setback for adiacent to residential allow a zero foot ai district, in order to bring into compliance a partially completed addition minimum 25 foot rear setback is Where a permitted, said request for the Property known as 6480 S. W. 62nd south Miami, Florida 33193,, be, and the same hereby is denied, section 2. That the request of B. J. Everett Sec. 20 --3.5 G to all of the Land Development Code pursuant to oy► a floor area ratio of 39 percent, in order to bring into comPlian Partially completed addition Ce a Where a minimum 25 percent is permitted, said request for the property known as 5480 S. W. 62nd � denied.. South Miami, Florida 33143, be, and the same hereby is, . PASSED AND ADOPTED this th day of December, 1991. ATTEST: CITY CLERKS -` "_"„ READ AND APPROVED AS TO FORM; CITY ATTORNEY APPROVED; MAYOR 2 City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, November 26, 1991, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. PB-91-036 Applicant: JSJM Corporation/ B. J. Everett Request #1: Variance from Section 20-3.5G of the Land Development Code to allow a zero (0) foot rear setback, adjacent to Residential District, in order to legalize the proposed partially completed addition, where twenty five (25) feet is permitted in Neighborhood Retail (NR) District. Request #2: Variance from Sec"tion 20-3.5G of the Land Development Code to allow a Floor Area Ratio (FAR) of thirty six (36) percent, in order to legalize the proposed partially completed addition, where twenty five (25) percent is permitted in Neighborhood Retail (NR) District. Legal: Lots 6 and 7. Block 4 Of COCOPLUX TERRACE ADDITION, according to the Plat thereof, as recorded in Plat Book 48, at Page 38 of the Public Records of Dade County, Florida. Location: 6480 SW 62nd. Avenue South Miami, Florida (A commercial property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGS SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED* (F. S. Z860 0105) PUBLIC HEARING WILL 89 HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET ORIV9V SOUTH MIAMI* FLORIOA9 AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY ME MADE IN PERSON AT THE HEARING On FILED IN WRITING PRIOR TO OR AT THE HEARING* THE BOARD RESERVES THE RIGHT TO RECOMMEND To THE CITY COMMISBION WHATEVER THE r BOARD CONSIDERS IN THE THE AREA INVOLVED. r BEST INTEREST FOR THE BOARDIS RECOMMENDATION ON THIS MATTER WILL BE HEARD my THE CITY, COMM L ISSION RE DATE. INTERESTED PARTIES REQUEST'" INFORMATION ARIZ ASKED To CcmTAc-r THE OPTprce OF THE ZONING DIRECTOR BY CALLING ga-s"I OR BY WRITING. REFER TO HEARING NUMBER WHEK MJAJQNG INQUIRY. City of South Miami 6130 Sunset Drive, South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD !'Property Owner: JSJM Corp Inc Signature: !Address: 6480 SW 62 Ave Phone Number: (305) 661 -7594 Represented By: B.J. Arc, rn Everett 'or torganization• JSJP1 Corr), Address: 6480 S ;; 62 Ave Phone: (305) 6.61 -7594 Architect: Joseph Middlebrooks, AIA Phone: ( 3 0 5 ) 661- 7594 Engineer: N/A Phone: 'I /A Copy attached? Fwner X Option to applicant is not purchase is _ Contract to purchase _ owner, letter of authority from owner attached? OF PROPERTY COVERED BY APPLICATION LEGAL DESCRIPTION Lot(s) 6 & 7 Block 4 Subdivision Cocopl um- Terrace AddnpB 48 - 38 Metes and Bounds: N/A APPLICATION IS HEREBY MADE FOR THE FOLLOWING: X Variance Special Use Rezoning Text Amendment to LDC Home Occupational License PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: Variance of impervious coverage; 75% allowed, 9 7.4% provided (existing) Variance of floor area ratio; .25 allowed, .29 provided (existing) Variance of rear setback; 15' -0° required, 0' -0" provided (new) L Letter of intent X Proof of ownership X Current survey SUBMITTED MATERIALS X Hardship statement Power of attorney _.X Site plan (7 copies) .LL- Reasons for change Contract to purchase Y Required fee(s) 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 kn led and ef. gyp • IS' 71 B.J. Everett, President Date Applicant - #s. Signature and title Upon receipt, applications and all submitted: materials: will be reviewed for compliance -with. City Cade and - ether - applicable; regulations-. Applications found not in compliance will be rejected and returned to the applicant. USE 00= DATE-FILED ACCEPTED RFJSCFED J[PW HE iRIM� COMMISSION PETITION REounm DW - - _ I Im 0 or - _ jF..'3JM CORPORATION 6480 -S.W. 62ND AVENUE, SUITE 210, MIAMI, FL. 33143 October 21, 1991 City of South Miami Building Department 6130 Sunset Drive South Miami, Florida 33143 RG Request for Variance - 64-M SW 62 Ave Dear Sir /Madam, I would like to request a variance to the rear setback requirements at the above location• a variance to the 15' setback requirement. I would like to construct a an addition within the confines of the existing wad which surrounds the property. It would not be visible from off the party at all You are probably aware that S.W. 62nd Avenue was made wider not very tong ago. Previous to that, the building had parking in the front, and related front entrances. After the avenue was widened, it was no longer possible to park in front of the building, and therefore pausing is now on the side of the building. This is a more appropriate relationship for economic reasons and tenant use. However, in more than four years, I have not been able to rent part of the building - because of the psychological thought of entering from the rear of the building. Hence, I would like to construct the addition which allows for a nice side entry into the building. This will allow the faculty to be fully leased. The widening of the avenue has contributed to this hardship. Most of the buildings along the south side of the avenue are built with no setbacks. 'Ilse wafl which surrounds this property also goes to the setback line. If you allow this construction, it will in no way detract from the street or neighborhood -there will be absolutely no visual difference from off the property. In fact, I am continuously trying to improve the property. ok For those who remember, the building now looks much better than it prior to its most recent purchase. I would like to continue malting improvements to the building - which aid improve the neighbotbood. I intend to make the folknring improvements with the sett few months • Landscaping improvements • Parkmg area improvements (repaving) • Striping in the parking lot • Ranting improvements • Painting However, in order to muioe these improvements the building needs to be leased I believe that the addition of the covered patio mill Maw the budding to produce mote mcome,whetein these tmprouementt can be made. This is an e=mucady depressed area of the city -these improvements w W aatamly help the mobodtood and city. I thank you for your posidn consideration of this request. Sincerely, . Everett, Ptesidear J5111[ QO>RP'ORI,17Ohi' e: %"02%jK%Mas tt•an m o Z m �A v '�3 A- �3 ` tQ i i S � 0 p m � ------------ Age& to It i r 1'lAiuvv lfg&q APPLICANT: OWNER: 7- MAP REFERENCE: &fi?O S-W &2.- Ave. Compass= C ComMm SETBAC + TA.R* VAPIANCES6, Date. EDrn "cloc- UTM AIAMI ^&--PL&M&4-K G-L Hearing No - .1 r-- n D � � r r i n I E IL 0 a�•' R _ Z I a i j G5— t� z ; P I ., Cam- ��.I �. a F�a u m l .•� � ry r I � � s f, e� �caaoori qp �aDam rc I PRopo 3 Fyagg jr$� f lly'' is °jl2M,p 1 n � z �r J M =� a r i C I" 6. a8446 q g fit .Z aol�0:ri.'� �0 i f eigo off.;; ) JP3 e� �caaoori qp �aDam rc I PRopo 3 Fyagg jr$� f lly'' is °jl2M,p 1 n � z �r J M =� a r i C I" 6. a8446 100 00 Lf ,^ C CEi: m - Al 75 m a C65 -33 -ALL - o - 5J3 O - .13 Da iyy6 !' w +^I p .si 030 ' ` t _ - L i \ N 5 .r > ~ �• e r _ iLUMINJM CIOF! - - J CARPORT - 51165 5665 � � H = o� o o� 0 SS 8 .riin . NK FE wCE .65 N s _ m. In s 17 -EAR 31 aO " JNCER CONSTRUCTION) \-FE 69 —1 CLE -- 96 as 100.00 P °-y a ~' S - SQ7Ti1 R'W LINE SW Wet ST �y rj{j .1t SW 62 nd CT i:: .' 77 39- 3 2 a e a 77, 7232 1 � r .9i �i # 6!3e' }1i; 11 $12 11 110 3 8 5 3 2 I JYERW -40 BEC"7i IC LINE f '3 F fCKt Y. +ao Z . SW 62 nd CT .' 77 39- 3 2 a e a 77, 7232 1 � r LOTS `6 AND 7, BLOCK 4 OF'COCOPL.UM TERRACE ACCORDING TO THE PLAT 25 ALLEY 7 90' 1 6!3e' 11 $12 11 110 3 8 5 3 2 I � • + 'AVE. Syy 62nd fCKt Y. +ao Z . SKI{ OF SURVEY. a e a LOTS `6 AND 7, BLOCK 4 OF'COCOPL.UM TERRACE ACCORDING TO THE PLAT THEREOF,- AS RECORDED IN PLAT BOOK 46, AT FojF 36 OF THE PUBUC RECORDS OF • QADE COUNTY, FiORIOA. s 1� a 1 1 1 'off hmxlAW . AAO.VCRM �wNtfC:..�Jl'1 W�aus1l WY11,. alp 81i�I K)y ✓4B0 5w G:. yv_ gA_'C N, !NC... ,p� a _ Ilk �Sl 7��, r I U I IIi 8 I q i Y' :4 !o! N� NGw — — a�- �1 NGM La' &TWNIOf GTJ4pr. ! �l i O I I 1 I Z� le,v F � dt �r�d 41 NIP "�G.CY�yyi rrl71CN i --NEW j Ow py PNb. I I 4 12 C X So- tv - &Ul Lop t Ni► , J n� i L Wv I x '13 — J � i I �' I W New � --�p4ff. �fvlws�mmoy- I I 1 1 1 1 New A4o 04ulp. I Awmwurj L ra��°Fr ;o lalH I Q Q I l(L J1 Q "�G.CY�yyi rrl71CN i --NEW j Ow py PNb. I I 4 12 C X So- tv - &Ul Lop t Ni► , J n� i L Wv I x '13 — J � i I �' I W New � --�p4ff. �fvlws�mmoy- I I 1 1 1 1 Z 0 N Z 'N G P _ET I T I O N Applicant; JSJM Corporation/ B. J, Everett Request #I: Variance from Development Code Section 20 -3.5G of the Land setback allow a zero (o) foot rear to , adjacent to Residential District, in order legalize the proposed partially completed addition, where twenty five (25) feet is permitted in Neighborhood Retail (NR) District. Request #2: Variance Deve'lo from Section 20 -3.5G of the Land pment Code to allow a Fl Of thirty nix (3b) oor Area Ratio (FAR) proposed percent, in order to legalize the completed partially five (25)> Percent pleted addition where twenty Retail (MR) District. S Permitted in Neighborhood Legal:. Lots 6 and 7. Block according to the Plat hereof L as recordedDinTION, Book 48, at Page 38 of the Public Records of made Count Flat Y, Florida. Location: 6480 SW Avenue South Miami, (A commercial Florida Pet i t i on : property) We, the undersigned Property, Prnper.•Y y Owner are within 5'00 P Y• We understand and a feet of the above approve the above. request. NAMB DATE ADDRESS V��— 2W - ,,�!_ t 33 _. Gtoo s 1_� • 'W50 -37 (continued cn Page Z) Page 1 T H E C I T Y O F SOUt4 -..oXWjam t 6130 SUNVCT DRIV[, SOUTH MIAMI, RLORIOA 3310 PB-9___ --911 Z O N I N G P E T I T L 0 N Applicant: JSJM corporation/ B. J. Everett Request #1: Variance from Section 20 -3.SG of the land Development Code to allow a zero (0) foot rear setback, adjacent to Residential District, in to order legalize the proposed partially completed addition, where twenty five (25) feet is permitted in Neighborhood Retail (MR) District. Request 12: Variance from Section 20 -3.5G of the Land Development Code - to allow a -Floor Area -Ratio (FAR) of thirty six (36) percent, in order to legalize the proposed partially completed addition, where twenty five (25) percent is permitted in Neighborhood Retail (MR) District. Legal: Lots 6 and 7. Block 4 of COCOPLUM TERRACE ADDITION, according to the Plat thereof, as recorded in Plat Book 48, at Page 38 of the Public Records of Dade County, Florida. Location: 6480 SW 62nd. Avenue South Miami, Florida 4. (A commercial property) Petition: We, the undersigned properTy property. Owners, are within 56a feet of the above We understand and approve NAME the above request. - - -- , 1. r .,_,A- - . _ . 71 G - V' VY Vl �''_?o:� SLU_Gz ———-— tow LU CT u�4 4. - . _ . 71 G - V' VY Vl STAFF REPORT November 26, 1991 Applicant: JSJM Corporation/ B. J. Everett Request #1: Variance from Section 20 -3.5G- of the Land Development Code to allow a zero (0) foot rear setback, adjacent to a Residential District, in order to legalize the proposed, partially completed addition, where a minimum of twenty five (25) feet is required in a Neighborhood Retail (NR) District. Request #2: Variance from Section 20 -3.5G of the Land Development Code to allow a'Floor Area Ratio (FAR) of thirty -six (36) percent, in order to legalize the proposed, partially completed addition, where twenty -five (25) percent is required in a Neighborhood Retail (NR,)-District. Legal: Lots 6 and 7. Block 4 of COCOPLUM TERRACE ADDITION, according to the Plat thereof, as recorded in Plat Book 48, at Page 38 of the Public Records of Dade County, Florida. Location: 6480 SW 62nd Avenue South Miami, Florida (A commercial property) The applicant is requesting a zero (0) foot _rear setback, in order to legalize the partially completed addition erected on the subject property. The property is adjacent to a residential district; a minimum setback of twenty -five (25) feet is required in NR for any yard that is adjacent to 'a property zoned for residential uses. This proposed, partially completed addition comprises six hundred seventy -five (675) square feet, and does increase the Floor Area Ratio (FAR) to thirty -six (36) percent. A maximum FAR of twenty -five (25) percent is permitted in the Neighborhood Retail (NR) District. Staff does not recommend approval. x RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING A REQUEST PURSUANT TO SEC. 20-3.6 (J) (C) OF THE LAND DEVELOPMENT CODE TO ALLOW A NINE FOOT REAR SETBACK FOR ERECTING A SWIMMING POOL, WHERE A MINIMUM REAR SETBACK OF 12.5 FEET IS PERMITTED BY JAMES M FILIPPUCCI FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5681 S. W 59TH PLACE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS', James M. Filippucci requested the Planning Board of the City. of South Miami, pursuant to Sec 20- 3.6__(J) (C) of the Land Development Code to allow a nine foot rear setback for erecting a swimming pool where a minimum rear setback of 12.5 feet is permitted, said request for the property known as 5681 S. W. 59th Place, South Miami, Florida 33143, which property is legally described as follows: Lot 15, of GABLES EDGE SUBDIVISION, according to the plat thereof, as recorded in Plat Book 94 at Page 54, of the Public Records of Dade County, Florida; and WHEREAS, the Staff did not recommend approval as this was a variance from the Code; and WHEREAS, on November 26, 1991, the Planning Board voted to recommend denial of the request by a 3 - 2 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of James M. Filippucci pursuant to Sec. 20 -3.6 (J) (C) of the Land Development Code to allow a nine foot rear setback for erecting -a swimming pool where 'a minimum rear setback of 12.5 feet is permitted, said request for the prooerty known: as 5681 S. W. 59th Place, South Miami, Florida 33143, be, and the same hereby is, denied. x a Section 1. That the City of South Miami is in agreement with the construction of a median opening at the intersection of Red Road and San Ignacio Avenue, such that southbound traffic will be able to make a left turn onto San Ignacio Avenue. Section 2. That this Resolution be transmitted to the Metropolitan Dade County Public Works Department by the City Clerk. PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR° ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY .City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, November 26, 1991, at 7 :30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. PB -91 -935 Applicant: Request: Legal: Location: James M. Filippucci Variance from Section 20- 3.6(J)(C) of the Land Development Code to allow nine (9) feet rear setback for erecting a swimming pool, where a Minimum rear setback of twelve and one -half (12.5) feet is permitted. Lot 15 Block 1 of GABLES EDGE Subdivision, according to <the.plat thereof, as recorded in Plat Book 94, Page 54, of the Public Records of Dade County, Florida. 5681 SW 59th Place South Miami, Florida (A residential property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADEO WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0103) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE, 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 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 A FUTURE DATE, INTERESTED PARTIES REQUESTING INFORMATION ARE= ASKED - TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING - 667- 36s1`'OR BY WRITING, REFER TO HEARING NUMBER WHEN MAKING INQUIRY. S E le- Ia E _ROAD _Sf -4 117 E2 sw si- Doi C04 • •rK Mfir. 1 ,w Its Clio Ai p 2 1 LO rs� 213 so I. V rS-4 I L 5w n4i C vp v7v rift wl" JI • •rK Mfir. 1 rS-4 I L 5w n4i C vp v7v rift wl" JI •rK Mfir. 1 _J i. J9 o'n _ L t 17 fall f fl. 1a q of of Aw fte oil .4 of raw 10 APPLICANT: OWNER: 91 MAP REFERENCE: 144k C • CO3'VENTS Scale Date Drn SOU Hearinc ov, �C Ji E LHAM LE CIRCLE -SUITE 404 THOMAS J . KELLY, INC. SURVEY NO. L GABLES, FLA. 33134 f�051 779 - 3288 FAX: (305) 441 -6494 LAND SURVEYOR SHEET OF__L__ SURVEY OF LOT SUBDIVISION BLOCK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK No.. PUBLIC RECORDS OF COUNTY, FLORIDA. �� AT PAGE No.' ` DATE: oti 185 I`!. FOR. I A r'I , 0 ATION SKETCH SCALE: 1 ° =16FDI 11 1 ' P I h p,_. 3?S 4 A1,00D A6NCE C-Alct • 5, So 6,1'o / A G,o'U.E, Couc 0 2 , CL. scAB Al�S � ,� avTo Q s t. WOOD �� Z. .' A • �� >r 00�� ce� fence 01) D — _ 731W � .�wr-y z � 3 _ V) _� 3 ZAD .�o a/•//)///� r� o • L j x tf �� O Q 1 06 'no fir 0 UJ a' .(� � 009�� I S p� , � � .: _ , f ' 2 i�Zil'��, � � . r •�• r x�`zF�!''+P"` �t't r� � u Q .A`2 TWs.ISFLOOD' -HAZA r THIS I ( J�_ PANEL. No. SUFFttC . 1' 0ASE' FLOOD" DATE OF FIRM: - �= - LOWEST FLOOR ELEV : HIGHEST ADJ. GRADE NOTE: . jIF ANY, NOT LOCATED. &jJC &44.C14A4p nil A10%E.D , tj2. ! hinby certify that this,�E Wo 1 of survey ,of the above described Property beti f as and= �alfe� under P party is' true and correct to the bsstof:mtrkaowiedgs =md my4rectiom I further certify that -this survey most the minimum requirements- adopted by Land Surveyors and the Florida Land. Title Association <and• also CH 21 HH•6-'F.A. eodtr . hers * Qe f orMlt. . . :. �t.lt'simmijbearin2w are, taan:assumed-merldlae( byplot) ;: s dt Fuld Work 2.-If $howri,elsvations are referred N.G.V. Datws i828 tyre 8ii1 �° Th land �� is is►a rs�� i�dE bNNsitl[An ' . ,.. r�.f - �:p'. « t =..$CAL.E: i* � 5 Mg 255 UNAMBRA CIRCLE - SUITE 404 THOMAS J. KELLY, INC. SURVEY NO. CORAI. GABLES, FLA. 33134 DADE: '051444-7692 j3FtWo ' 051'�79-3288 FAX:(305)441-6494 LAND SURVEYOR SHEET __i_ OF_L_ SURVEY OF LOT. r, —BLOCK___ -SUBDIVISION 4 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK No.. AT PAGE No. r; PUBLIC RECORDS OF W29 -COUNTY, FLORIDA. Jw4ri VtP I'l• DATE: FOR. L SCALE: I pko;�, k-6. tWO1 901J ql� iv. f(A40 Hv- 331 46 E-_ Alce- • 5, So' 6")o A Calk :;LAS JEW, fr 50'j'5'W IwAo 4 4.,"Ae, R �74 FlP;6 Iv 0,50'CL 000 • 03- 0 V 10 coo VVOO D LT 2N yTwy W U 4 3 f4 -4 CIO vo, (A rip, 54/5 0 0i ior o ..4 FLOOD ZONE w -3 t-1—THIS Is A FLOOD -HAZARF THIS 15 ktoo 111AZAIRV ZONE -4COMMUNITY FAN6, — W PANEL - N SUFFIX: DATE O F FIRM: PW FLOOOFELft WA= LOWEST -FLOOR ELE\t. H0*31 NOTE: UNDERG ROUNWENCROAGOAMM, IF ANY, Nor'LocATEm &- L),CXaAjc1 1 hereby certify that this sketch of survey of the above described property, is true and a~ to the best Of MY knowl0dWand - belief as su platted under my- direction. I furtheraWify that -this survey meet - the minimum requirementw-0100011 by and the Flbrldo Land. 11fle- Anoclation and also CH 21 HI+6 F.A. cods;:_ There orwto on assumed - meridian t WOW A. P Dataot Field Work Z. If shoWislevatims. are referred N.G.V. Datum 923 an*o V o sw r, .- I �r Pr kt wo a .0 77' #WAff C 1". V40-' �xf--7lt4 4 4a 4c. a 16-ez, a04 V V K 0 L-- f mw cL 111111 cr 0 -1 al MIAN �xf--7lt4 4 4a 4c. a 16-ez, a04 V V K 0 L-- f mw cL PacTtoH of MIM, J O 111111 PacTtoH of MIM, J O ter• Tc�rf�sc�.. a zr� . �t�'a � ess- dvc,� -�-, -� 1,►.��'� . - THE CITY OF SoUtA me 6130 SUNSET DRIVE, SOUTM MIAMI, FLORIDA 33147 Z O N I N G P E T I T I O N PS -9a _p z R Applicant: James M. Filippucci Request: variance from Section 20- 3.6(J)(C) of the Land Development code to allow nine (9) feet rear setback for erecting a swimming pool, where a Minimum rear setback of twelve and one-half _(12.5) feet is permitted. Legal: Lot 15 Block 1 Of GABLES EDGE Subdivision, according to the plat thereof, as recorded in Plat Book 94, Page 54, of the Public Records of Dade County, Florida. Location: 5681 SW 59th Place South Miami, Florida (A residential property) Petition: We, the undersigned pronert,, owners, are within 550o feet of the above Property. We understand and approve the above request. )W.50- 3 (& s' �® e ADDRESS 57`� l SW sg Place. W' �L PC /- STAFF REPORT November 26, 1991 PB -91 -035 Applicant: James M. Filippucci Request: Variance from Section 20- 3.6(J)(C) of the Land Development Code to allow a nine (9) foot rear setback for erecting a swimming pool, where a minimum rear setback of twelve and one -half (12.5) feet is required, Legal: Lot 15 Block 1 of GABLES EDGE Subdivision, according to the plat thereof , as recorded in Plat Book 94, Page 54, of the Public Records of Dade County, Florida. Location: 5681 SW 59th Place South Miami, Florida (A residential property) AI�iALYSIS The applicant's request is to place a swimming pool in the back yard with a nine (9) foot rear setback. According to Section 20- 3.6(J)(C) of the Land Development code, a minimum setback of twelve and one. -half (12.5) feet is required. The proposed swimming pool would replace an existing paved area. RECOMHENMION : Staff does not recommend approval. P� -91 -035 Applicant: James M. Filippucci Request: Variance from Section 20- 3.6(J)(C) of the Land Development Code to allow a nine (9) foot rear setback for erecting a swimming pool, where a Minimum rear setback of twelve and one -half (12.5) foot is permitted. Legal: Lot 15 Block 1 of GABLES EDGE Subdivision, according to the plat thereof, as recorded in Plat Book 94, Page 54, of the Public Records of Dade County, Florida. Location: 5681 SW 59th Place South Miami, Florida (A residential property) Ms. Thorner read the request. Mr. Filippucci signed in. Mr. Ligammare asked the applicant if he purchased the 'house with the intent of installing,a pool. Mr. Filippucci said that he had. Mr. Ligammare said that it is up to the buyer to investigate City code before making such a purchase. The Chair deemed the Public Hearing opened and asked for those wishing to speak for "the request. Architect William Escobar signed in and explained that the proposed shape of the pool will not affect the end result. There being no one to speak against the request, the Public Hearing was closed. Planner Goudarzi advised that impervious coverage is being decreased but still exceeds code. Director Lama stated that the degree of non- conformity is being lessened which is acceptable within the City's code. Mr. Gutierrez made a motion to approve the request based on the removal of the pavers and that the pool conforms to the plan as submitted by the applicant. Seconded by Mr. Lefley. Vote: Approved: 2 Opposed: 3 (Thorner) (Gonzalez) (Ligammare) Motion fails. PB Minutes 1 11 -26 -91 City of South Miami 6130 Sunset Drive. South Miami. Florida 33143 -q&� APPLICATION FOR PUBLIC HEARING BEFORE PLANNIN BOARD Property owner: Z,e M.;'1L,QPJCCJ Signat Address: ; �,$, 5.� S °� Q� Pc� Phone Number X, Z - 244 Represented By: organizations Address: Phone: Architect: Phone: Engineer: Phone: Owner option to purchase Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(S) Block Subdivision PB - Metes and Bounds: APPLICATION IS HEREBY MADE FOR THE FOLLOWING: X variance Special Use Rezoning Text Amendment to LDC Home Occupational License PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: PQQ %LAnlokJ F69- ?,W4_ to I - _&-X-6kCV_ Sv AS ,za PcLt OLsa � ?00L_ c MS-k%L t c-%-LCNq Letter of intent _. Proof of ownership -�( Current survey SUBMITTED MATERIALS Hardship statement Power of attorney Site plan (7 copies) Reasons for change Contract to purchase Required fee(s) The undersigned has read this completed application and represents. the information and all submitted materials furnished are true and correct to the best of-the applicant's knowled d belief. tl November 4, 19991 Building and Zoning Department City of South Miami 6130 Sunset Drive South. Miami, Fla. 33143 - Re: Letter of Intent - 5681 SW 59th Place, Gables Edge, South Miami, Florida 33143 To Whom it may Concern: This letter serves as my formal request for variance of the yard setback ordinance in the City of South Miami. As my wife and I have recently purchased the property (October 16, 1991), I am now taking the steps required to have a swimming pool built in our backyard. Specifically, due to the nature of the house /backyard configuration, I am requesting that I be permitted to build my swimming pool with a 9 foot rear lot setback as opposed to the 12.5 feet currently required. I understand that this is quite different from the Dade County ordinance of 7.5 feet. This request is necessary in order to properly place the pool in the backyard property. The current hardship is that should the pool be built within the 12.5 ft. rear lot setback requirement, it would be placed too close to the covered patio and would make access to the rest of the rear property lot very difficult and in the case of small children, dangerous. I might point out that the neighbor that shares_ the rear lot property line- with me has built his swimming pool screen right on top of the rear property lot line. Additionally, as the backyard already contains impervious construction is the form of concrete blocks, I am proposing to remove much of the concrete and replace it with a swimming pool and grass/ landscaping. In total, I am proposing to remove 1,343 square feet of concrete in the backyard in exchange for 421 square feet of swimming pool The pool deck would be made of brick pavers in sand so as to allow water to ,pass through the ground. An improved and landscaped backyard should theoretically improve the value of the property and benefit not only myself, but also all of my neighbors in Gables Edge. Since the money I borrowed for the swimming pool construction is already in escrow, I would be very grateful for a favorable response to my request. Should you have any questions or comments, please contact as at 883 -3501 at your earliest convenience.- Sincerply, Fl FROWN RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OP SIX 1992 FORD CROWN VICTORIA POLICE VEHICLES WITH ACCESSORIES FOR THE POLICE DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED $76,314.00 AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1910 -6430: "OPERATING EQUIPMENT ". WHEREAS, pursuant to the 1991--92 Budget of the City of South Miami, Florida, the Police Department of the City of South Miami, Florida was authorized to purchase six Police Vehicles; and WHEREAS, the Administration of the City of South Miami has nov obtained a cost of $ 760314.00 from Don Reid Ford', Maitland, Florida, pursuant to the following governmental bid: State of Florida number 070 -001- 92--1; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be, and hereby is, awarded to Don Reid Ford, Maitland, Florida, in an amount not to exceed S 76,314.00 for six 1992 Ford Crown Victoria Police Vehicles with accessories pursuant to the attached Exhibit "A ". section 2. That the disbursement be charged to account number 1910 - 6430: "Operating Equipment ". PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLRRK READ AND APPRUVED AS TO FORM: CITY ATTORNEY TO: _ City of south Miami INTER— OFFICE MEMORANDUM Chief of Police via Chain of Command DATE: 10 December 91 .FROM: Ca pt. Feldman SUBJECT: P New Police .vehicles Sir: I request that the following be placed on the- agenda of-the City Commission: 6 1992 Ford Crown Victoria Police Vehicles @12198.00 73,188.00 6 Power Door Locks @ 310.00 1,860.00 6 Limited Slip Differential @ 85.00 510.00 6 Rain shields @ 25.00 150.00 6 Bumper Guards @ 45.00 270.00 6 Spotlight, left, installed @ 196.00 1,176.00 6 Delete AM /FM radio @ - 140.00 - 840.00 6 Disconnect lite- switches from all doors N/C 6 Relocate trunk release to right side of steering column N/C Total 76,314.00 Total price per unit is 12,719.00. Please note that this price includes BASE ESP extended warranty for 5 years or 70,000 miles. Contract number will be available 12/17/91. Re f witted, RESOLUTION N0, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO EXECUTE A CONTRACT FOR DEMOLITION OF AN UNSAFE STRUCTURE AT 6335 S.W 62 AVENUE, SOUTH MIAMI, FLORIDA WITH MIGUEL RODRIGUEZ DEMOLITION FOR A TOTAL COST NOT TO EXCEED S 2,300.00 AS DETAILED IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 -5510 "GENERAL CONTINGENCY FUND ". WHEREAS, the City Administration has determined that the structure at 6335 S. W. 62 Avenue, South Miami, Florida is an unsa-fe structure and thus constitutes a danger -to - Public health and welfare; and WHEREAS, the Administration has now obtained the attached ProPosal from Miguel Rodriguez Demolition, for a total cost of $ 2,300.00 as detailed therein pursuant to the following govern - ment bid! Dade County no. 59232276; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to execute a contract with Miguel Rodriguez Demolition for the demolition of the structure at 6335 S. W. 62 Avenue, South Miami, Florida, foz a -total cost not to exceed S 2,300.00. Sectio.02 . That the disbursement be charged to account no. 2100 -5510 "General Contingency Fund ". PASSED AND ADOPTED this __ . day of December, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Y 1 • RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OP THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO EXECUTE A CONTRACT FOR THE REPLACEMENT OF WINDOW SILLS AND REPLASTERING IN CITY HALL WITH SILVACORP BUILDERS, INC. FOR A TOTAL COST NOT TO EXCEED 8 2,900.00 AS DETAILED IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT TO ACCOUNT 1710 - 4660 ++ OF CITY HALL ". WHEREAS, pursuant to Resolution Number 124 -91 -9164 passed November 12, 1991, the City Administration was authorized to -enter into a contract for the replacement of the existing windows and doors in City Hall; and WHEREAS, therefore, there is now ai need to enter into a second contract for the replacement of window sills and replastering; and WHEREAS, the Administration of the City of South Miami has now obtained at least three such proposals and recommends the attached proposal from Silvacorp Builders, Inc. for a total cost of $ 21900.00 as the lowest responsible bid; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: ction 1. That the City Administration be, and hereby is, authorized to execute a contract for the replacement of window sills and replastering in City Hall with Silvacorp Builders, Inc. for a total cost not to exceed $ 2,900.00 As detailed in the attached proposal. Section 2. That the disbursement be charged to Account no. 1710 -4660 - "t amts ag +,•� o f City Hall". q6b RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA, AUTHORIZING THE ORR'S POND HOMEOWNERS ASSOCIATION, INC. TO DEMOLISH A CORAL ROCK WALL ON TRACT "C" OF THAT CERTAIN PLANNED UNIT DEVELOPMENT KNOWN AS ORR'S FOND, 6497 S. W 72ND STR22T, SOUTH MIAMI, FLORIDA 33143 WHEREAS, the City of South Miami, Florida has heretofore on November 11, 1986 authorized a certain residential planned unit development ( "PUD") known as Orr's Pond, located at 6497 S. W. 72nd Street, South Miami, Florida, 334143; and WHEREAS, in the course of the discussion regarding the application for the said PUD, the City Commission requested, and the applicants agreed to, the retention of a certain coral rock wall on the western border in tract C "" of the said PUD; and WHEREAS, thereafter, much of the wall was demolished at the time of the construction of a path parallel to the said coral rock wall; and WHEREAS, the City has now cited the Orr's Pond Homeowners Association for the condition of the wall as it constitutes a hazard to pedestrians using the path and would require repair and subsequent maintenance by the Orr's Pond Homeowners Association; and WHEREAS, the Orr's Pond Homeowners Association has now passed a Resolution requesting the Mayor and City Commission to eliminate the agreement to maintain the said coral rock wall in the said PUD; NOW, THEREFoRE, HE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA: Section 1. That the requirement of that certain planned unit development known as Orr's Pond which required the retention of a certain coral rock wall in tract "C' thereof be, and herAby, is removed. 13 I PASSED AND ADOPTED this ATTEST: CI -TY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of January, 1992. APPROVED MAYOR Resolution 1) Whereas, the City of South Miami has cited Orr's Pond Homeowners Association Inc. for the crumbling coral rock wall on tract C 2) Whereas, repair and subsequent maintenance of the wall will constitute an undue expense to the Homowner Association. 3) Whereas, the wall constitutes a potential hazard to children using the path along the west side of Orr's Pond 4) Whereas, most of the original wall of 500 linear feet was demolished at the time of path construction without objection by the City Commission 5) Whereas, the Homeowner Association Documents do not forbid the removal of the wall LET IT BE RESOLVED that the City Commission instruct the City Manager to approve the removal of the wall. OFFI f OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 SUNSET DRIVE REGULAR CITY COMMISSION MEETING January 7, 1992 7:30 p.m. Next Resolution: Next Ordinance: Next Commission Meeting: A. Invocation B. Pledge of allegiance to the Flag of the United States of America C. Presentations D. Approval of Minutes - December 17, 1991 E. 1. City Manager's Report 2. City Attorney's Report ORDINANCE - 2ND READING AND PUBLIC HEARING 3. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending the Tree Committee Ordinance by providing further definitions; increasing minimum height of replacement trees to 8'; providing for a fine of up to $1,000 per tree; providing for severability; providing for ordinances in conflict; and providing an-effective date. (Mayor for Tree Committee) 3/5 4. An Ordinance of the City of South Miami, Florida; amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida and creating a new Section 20 -3.4 (B) (21); both to provide for temporary off -site parking; - providing.for severability; ordinances in conflict; and an effective date. (Mayor) 4/5 5. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Section 20 -3.6 of the Land Development Code of the City of South Miami by adding a new sub- section (P) to provide conditions upon which non - business home occupations are permitted; amending Section 20 -2.3 to ,provide a revised definition of "Home Occupational Licenses deleting the existing Section 20 -5.10 "Home Occupational Licenses;" providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor) 4/5 6. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Section 20 -3.5 E of the Land Development Code of the City of South Miami to provide an exception for interior side setbacks in RS -4 Districts providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor) 4/5 7. An Ordinance of the City of South Miami Florida amending Sections 20 -3.3 (D) and 20 -3.4 (B) 19 (c) of the Land Development Code of the City of South Miami, Florida to clarify the parking requirement for "Small Restaurants ;" providing for severability; ordinances in conflict; and an effective date. (.Vice-Mayor) 4/5 „„..ter -• r� ,__ -p-� -, . ,_'� i OFFICIAL AGENDA January 7, 1992 Page 2 RESOLUTIONS FOR PUBLIC HEARING: 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; denying requests pursuant to Section 20 -3.5 G of the Land Development Code to (1) allow a zero foot rear setback for adjacent to residential district, in order to legalize a partially completed addition where a min`umum 25 foot rear setback is permitted and (2) to allow a floor area ratio of 36 percent, in order to legalize a partially completed addition, where a minimum 25 percent is pemitted, both in the neighborhood retail district, by B. J. Everett from the Planning Board of the City of South Miami, Florida, for the property known as South Miami, Florida 33143 and legally described hereinbelow. (P.B. Administration) 4/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; denying a request pursuant to Sec. 20 -3.6 (J) (C) of the Land Development Code to allow a nine foot rear setback for erecting a swimming pooh, where a minimum rear setback of 12.5 feet is permitted by James M. Filippucci from the Planning Board of the City of South Miami, Florida for the property known as 5681 SW 59 PL., South Miami, Florida 33143, and legally described hereinbelow. (P.B. Administration) 4/5 RESOLUTIONS: 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the purchase of six 1992 Ford Crown - Victoria Police Vehicles with accessories for the Police Department for a total price not to exceed $76,314.00 and providing for disbursement from account number 1910 -6430: "Operating Equipment." (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to execute a contract for demolition of an unsafe structure at 6335 SW 62 Avenue, South Miami, Florida, with Miguel Rodriguez demolition for a total cost not to exceed $2,300.00 as detailed in the attached proposal and charging the disbursement to Account Number 2100 -55.10 "General Contingency Fund." (Administration) 4/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to execute a contract for the replacement of window sills and replastering in City Hall with Silvacorp Builders, Inc. for a total cost not to exceed $2,900:,00 as detailed in the attached proposal and charging the disbursement to account 1710- 4660 "Ma'intenance and,Repairs of City Hall." (Administration) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the ORR'S POND Homeowners Association, Inc. to demolish a Coral Rock Wahl on Tract "C" of that certain Planned Unit Development known as ORR'S POND, 6497 SW 72nd Street South Miami, Florida, - 33143. ('Administration) 4/5 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; approving the off -site parking lease between Coaches Management, Inc. (f /'k /a JJ'S -Bar & Grill) and the First National Bank of South Miami pursuant to Section 20 -4.4 (F),(2-), (c) of the Land Development Code of the City of South Miami. ( :city_ Atto_rney) : 4f 5 .� Y� OFFICIAL AGENDA January 7, 1992 page 3 RESOLUTIONS: 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; requesting the Metropolitan Dade County Public Works Department to construct a median opening at the intersection of Red Road and San Ignacio Avenue to serve the area East of Red Road and to improve traffic circulation in the entire area. (Mayor) 3/5 REMARKS: 1. Butler - appeal ERPB 2. Signs Inc. - appeal ER'PB You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. I r �.y ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE TREE r COMMITTEE ORDINANCE BY PROVIDING FURTHER DEFINITIONS; INCREASING MINIMUM HEIGHT OF REPLACEMENT TREES TO 81; PROVIDING FOR A FINE OF UP TO $ 1,000 PER TREE;, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 6 -91 -147,1 passed on March 5, 1991 the Citv of South Miami enacted a Tree Ordinance; and WHEREAS, thereafter the Tree Committee established thereunder has recommended certain modifications to the Ordinance as set forth in the following proposed amended Ordinance; and WHEREAS, the Mayor and City Commission wish to adopt the suggested modifications to the Tree Committee Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Definitions. Street Trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City___ Park Trees: "Park Trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks, and all areas owned by the City, or to which the public has free access. Residential and Commercial Trees: "Residential and commercial trees" are herein defined as trees, shrubs, bushes and all other woody vegetation on private residential and commercial property within the City. Section. 2. Creation and Establishment of a City Tree Committee for the City of South Miami, Florida which shall consist of five members, citizens and residents of this City, who shall be appointed by the Mayor with the approval of the Commission. be appointed by the Mayor with the consent of the Commission shall be for two years, except the term of three members of the first committee shall be for only one year. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. Section 4. Compensation. Members of the Committee shall serve without compensation. Section 5. Duties and Responsibilities. It shall be the responsibility of the Committee to study, investigate, council and develop and /or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along street and in other public areas, as well as residential and commercial property. Such plan will be presented annually to the City Commission and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of South Miami, Florida. The Committee when requested by the City Commission, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work. The Committee shall act only in an advisory capacity and the City Commission is not bound by their recommendations. Section 6. Operation. The Committee shall choose its own Chair and Vice -Chair and regulations and keep minutes of its findings. A majority of the members shall be -a quorum for the transaction of business. Section 7. Street, Park and commercial Tree Species to be Planted. The attached list constitutes the official street, park and commercial tree species for South Miami, Florida. No species other than those included in this list may be planted without written permission of the City Tree Committee. Species included on noxious tree list * ** shall not be planted under any circumstances Section 8. accordance with the 9 7 of this Ordinanc than the following: and Large Trees, 40 the tree committee. The spacing of street trees will be in three species size classes listed in Section e and no trees may be planted closer together Small Trees, 15 feet; Medium Trees, 25 feet; feet; except in special plantings approved by Section 9. Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section 7 of this Ordinance, and no trees may be planted closer to any curb or sidewalk than the following: Small Trees, 2 feet; Medium Trees, 3 feet; and Large Trees, 5 feet. Section 10. Distance from street corners and fireplugs. No street tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 20 feet of any fireplug. Section 11. Utilities. No street trees other than those species listed as small trees in Section 7 of this Ordinance may be planted under or within 20 lateral feet, except for palm trees which may be planted within 15 feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Section 12. Public Tree Care. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alley, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the aesthetic environment and beauty of such public grounds. The City Tree Committee may remove or cause or order to be removed, any tree or part thereof. which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This Section does not prohibit the planting or street trees by adjacent property owners providing that the selection and location of said trees is in -accordance with Sections 7 through 11 of this Ordinance; however no planting or landscaping shall be done on any municipal property without a permit from the Tree Committee. Section 13. It shall be unlawful for any person, firm, or City Department to top or "hatrack" any street, park, commercial, and residential tree. Topping or "hatracking "_is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Ordinance at the determination of the City Tree Committee. Where necessary, topping or pruning should be done in stages. Section 14. Dead, Diseased or Noxious Tree Removal on Private Property. The City shall have the right to cause the removal of anv dead, diseased or noxious tress on private property within the City, when such trees constitute an imminent hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. On the recommendation of the City Tree Committee, the City will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within three months after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. Section 15. Removal of Stumps. All stumps of street and commercial trees shall -' be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. In the interest of environmental 4` root prune or otherwise destrov the root system of a tree by any means, including construction site preparation, so as to cause the decline or death of the tree or to cause it to become unstable and a hazard in high winds. The exception to this rule would be to root prune for safe removal to another site with appropriate reduction of canopy to lessen the stress of the move on to protect utilities, structures, or slabs. Section 20. Appeal. The City Commission shall have the right to review the conduct, acts and decisions of the City Tree Committee. Any person may appeal from any ruling or order of the Citv Tree Committee to the City Commission. Section 21. Fine. Any person violating Section 13 and /or Section 19 of this Ordinance shall be subject to a fine of up to $ 1,000.00 per tree. Section 22. If any section, clause,, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance. - -- Section -2 -3-. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 24. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 6 conservation, park and residential property are permitted to leave tree trunks standing for the benefit of nesting birds. Section 16. Interference with City Tree Committee. Any person who shall prevent, delay or interfere with the City, the Tree Committee, or any of its agents, while .engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds pursuant to Section 14 above, shall be reported to the State Attorney's Office for prosecution for violation of Florida Statute -------- Section 17. Arborists' License and Bond. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the City limits without first applying for and procuring a license. The license fee shall be $ 25.00 annually in advance; provided, however, that no license shall be required of any public service company or City employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury- -and $100,000.00 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. Tree services and arborists shall be issued a copy of the City pamphlet on proper tree pruning and removal. Failure to comply with these standards will result in a fine of up to $500.00 and /or loss of license. Section 18. Single Family Residence. Removal of trees with trunk diameter at breast height "DBH" of 8" or greater shall be permitted only if potential replacement canopy is replaced on same property or other property within the City. Replacement trees must be a minimum of 8' in height with a trunk caliper of 211 and selected from approved City Tree List. Section 19 Hazardous Practices. It shall be unlawful to ORDINANCE N0. ` AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 OF THE THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING A NEW SECTION 20 -3.4 (a) (21); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code, which in Section 20 -4.4 provides for off -site parking spaces, provided the spaces are either on land held in common ownership ,or held under a lease with a remaining term of twenty (24) years or more"; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for temporary off -site parkin 5 spaces under a Less restrictive lease term; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -4.4 F (2) (c) of the Land Development Code be, and the same is, hereby amended to add the following final sentence: The foregoing notwithstanding, off -site parking spaces may be held under a lease with a remaining term of less than twenty (20) years under the special condition set forth in section 20 -3.4 (B) 21. Section 2. Section 20 -3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following new sub- section 21: (21) TEMPORARY OFF -SITE PARKING Off -site parking held under a lease term of at least one year may be utilized under the following special conditions (a) The use must be for a minimum_ remaining lease term of one year and must be initially City Commission as being Within the - health the Public interest, safety and (b) One utilizing temporary off -site parking under • this section must schedule and appear before the Commission one year from the date of the initial approval of the use tO Obtain Commission approval for condition of the use. The applicant must show it has either a new lease Or a remaining lease, in either case Year minimum and that the use re mains In the health,--rnd— safety of the PtS Otherwise, approval is automatically null and void. V V 3 Section If any section, clause, sentence or phrase of � � V4 this Ordinance is held to be Invalid or unconstitutional by any (21 court Of competent lurisdiCtion, then said holding shall in no way affect the validity of the remaining Portions of this Ordinance. Section 4.. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. APPROVED: MAYO ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 PB -91 -031 Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, AND CREATING A NEW SECTION 20 -3.4 (B).(21) BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. Ms. Gonzalez read the request. The Chair declared the Public Hearing to be opened and asked for all those present wishing to speak- either for or against this request. There" being none, the Public Hearing, was deemed, closed. Staff clarified that this request had been before the Board at an earlier date and had been deferred to allow' time for consultation with Robert Swarthout, Planning Consultant. Mr. Gutierrez reviewed Mr. Swarthout's recommendations as; (1) accomodating some type of periodic review (2) allowing outdoor cafes 'without any parking requirements, and (3) implementing a short term lease situation for outdoor dining activities only. Of the three, Ms. Thorner prefers the second suggestion as the more direct option. Mr. Lefley asked Staff if other uses would be at a disadvantage with this proposal. Mr. Mackey stated that this is a judgement call whether or not clear access to pedestrian right -of -ways is more desirable than the ambiance of outdoor cafes. There are both pros and cons to the question. This was addressed' in Mr. Swarthout's letter. Ms. Gonzalez stated that this proposal would create more demand for parking at the same time other restaurants will be creating ,a demand for parking. Mr. Gutierrez suggested limiting, outdoor seating to a percentage of the total indoor seating which will balance the parking. Mr. Parr made a motion to 'recommend denial_ of the request -as presented. Seconded by Mr. Gutierrez. Notion fails. (Not voted on). Notion and second withdrawn. Mr. Gutierrez moved to approve the ordinance as presented, with the modification that the 'short term /leased parking- is only applicable for outdoor dining facilities that comprise 10$ of the seating capacity of a restaurant. Mr. Parr asked that the figure 30% be substituted for the 10* Seconded by Mr. Parr. Ms. Thorner Amended the motion, "to eliminate 'Sec. 2 -21(B) substituting Mr. Swarthout's recommendation in the last paragraph' of his letter ". Mr. Gutierrez and Mr. Parr withdrew the motion and second. Mr. Gutierrez moved to approve PB -91 -031 with the following changes; removing part B of Section 2, Sub - section' 21, more specifically the requirement of being required to appear before the City Commission on a yearly basis for re- approval of the special use and a! lso by adding to the resolution that this type of Parking would only be allowed for , outdoor dining facilities on a special use basis. seconded by Ms. Thorner. Vote: Approved: 7 Opposed: 0 IU:.JtHltJI f"WHII u1Cu. UL. 4, L. 1 `!! 1 I u.J! nrt From: Robert K. Swerthout. Incorporated 1 407. 392 6358 Qualit ROBERT K. SWARTHOUT. INCORPORATED Clrt•af1111118 cQrlsUlt31:t.5 400 South Dixie Hieftir ky, Suite 121 Boca Raton. Florida 33432 -6023 (407'B92 -5800 (305)i67 -8800 PRELEVIIN ARY DRAFT October 1. 1991 Ms. Sonia Lama. Planning and Zoning Director City of South Miami 613USunsetDrive South Miami. Florida 33143 Deer Ms. Lama: W, a have been asked to comment on a proposed development code amendment that is under Planning Board consideration. �N e have been supplied with a draft of the amendment and minutes of a Planning Board meeting at which it was discussed. We would like to respond to the proposed ordinance p&• sand to the Planning Board concerns as expressed in the minutes. L ThaPrgpomuUFd nance The proposed ordinance establishes temporary parking as a special land use by adding a new subsection 21 to Section 20 -3.4 (B). Section 20-3.4 (B) establishes standards for a large variety of specific special uses: subsection 21 just adds one more use and related regulations to the existing list. The proposed ordinance also adds a sentence to subsection 20 -4.4 (F) (2) (c). The added sentence references the temporary parking special use possibilities set forth in the new subsection 20 -2.4 (B) (21). Subsection 20 -4.4 (F) (2) (c) is part of Section 20 -4.4 (F). which address the location and ownership requirements for parking spaces. 2. PlanninB�oarnr�t+es ,., _. ., .5 tiu, .. _. nu` aF;�rxr- .."�"a�s'�7!'�:iT?f=. Ri+!!�;.c. •'�" ,. '� �— �- � --�� < - 04I.- JYY4,86 1- 98U1641 WCY. Vf.l /.♦ f 7! 1 111'1 1 ., From: Robert K. Swarthout. Incorporated 1 407 392 6358 Quaiit �• Ms. Sonia Lama. Planning and Zoning Director City- of South Miami October 1.1991 Page 2 The fax transmission of the Planning Board minutes was imperfect and the minutes themselves were a bit cryptic in spots. Here is what we believe the minutes indicate. Mr. Gutierrez asked if the year-to-year provision could apply to indoor facilities as well as outdoor facilities. Mr. Parr suggested modifying the wording to avoid- the "possibility• stated above." I presume he meant the one stated by Mr. Gutierrez. Mr. Parr suggests that a variance might be considered. Ms. Lama explained that no hardship is present to justify a variance. Mr. Gutierrez suggested changing the code to allow for waivers of parking to accommodate outdoor restaurants if such - "complies with the Comprehensive Plan." The minutes do not make clear whether he meant if the outdoor restaurant complies with the Comprehensive Plan or if the parking waiver concept per secomplies with the Comprehensive Plan. Mr. Lefley believes that the language "otherwise approval is null and 'void" is consistent with common Dade Count- practice and overcomes at least some objections that might otherwise exist:. From the minutes, we are not sure exactly what objections Mr. Lefley had in mind. Mr. Lefley moved to consider specifying applicable uses and specifying standards for the annual review. Mr. Eisenhart spoke against a requirement that operators be placed annually at the "whim and wishes" of the Commission. Mr. Lefley's motion failed on a 3 to 3 vote A 6 to to vote asked for my opinion on this matter. 3. ",&ivantPortronSUA6eF Y.V inkChi-dinancV It is important to note that Section 20 -4.4 (F) of the South Miami Development Code specifies that required parking be located on the same lot with the structures or uses served. This is a sensible IY.- MYY //I 1/ /Y / /11 -Wd.Y. Vb� 1.♦ •I /I IV.JI 11•I Yy...I V. . From: Robert.K. Swarthout. Incorporated 1 407.392 6358 Quaht . :..Standard A-Is. Sonia Lama. Planning and Zoning Director City of South Miami October 1. 1991 Page 3 requirement which is contained in nearly all development codes and zoning ordinances. Section 20 -4.4 (F) does allow exceptions to this requirement.. �N e are unsure exactly how these exceptions work because; wp find the language ohscture:. but it clops appear that under certain circumstances, required spaces may be located off the site where the need for them is generated. Reading between the lines of 20 -4.4 (F) (2) (c),. it appears that among the requisite circumstances is the requirement that the land where'- the parking is located be under common ownership ;w with the land which generates the need for the parking. The instruments of common ownership must be recorded in a form that ensures that the common ownership will be ongoing. The common ownership may be secured in fee simple or it may be secured by a`twenty rear lease. If secured by a twenty year lease. then the right to occupy the land where the parking need is actually generated is subject to the parking on the separate leased land continuing to be available. If a lease on a site providing required parking for another site expires after twenty years. then the right to utilize the other site where the need for parking is generated is restricted. The Commission has the right to revoke the relevant occupancy permit after notice and a public hearing. Presumably, the owner of the site -,%%*here the parking need is generated would still have a grandfather entitlement to use the site for some purpose, perhaps the least intensive commercial uses that would normally be permitted in the district. This is a right which zoning cannot alienate. except by amortization provisions which do not now exist in South Miami. The existing development code language does not specify the point in time beyond which the required twenty (20) year lease must extend; possibly the date of original occupancy is intended. The current regulations are written in a wav which indicates that off: site parking spaces. whether tied to the site where the need is generated by fee. simple ownership or by lease, are only permitted when joint parking is provided by two or more uses. Vie suspect that this is an unintentional garbling of two concepts, the concept of shared parking and the concept of off -site parking. We think the existing ordinance provisions in Section 20 -4.8 (B) are significant also. Subsection (1) address structures which were originally built according to then- applicable dimensional requirements, but which have been made nonconforming with respect to dimensional requirements by virtue of a zoning map. table or text change. Such structures "may continue to be used for w7r use 10: soutn miaml WeU. UL L. 199 1u.-tu tun royr. From: Robert K. Swarthout. Incorporated 1 407 392 6358 Quali 4• Sta Ms. Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page [emphasis added] permitted in the district in which it is located. subject to the requirements of this section." Subsection (2) goes on to state that: (a) Use of such structures shall be consistent with parking standards applicable on the first date of such use: and (b) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. Ms. Lama tells us that these provisions are interpreted to permit new uses to be established in existing buildings with no parking or inadequate ,parking so long as the new? use does not demand more parking than the original use. This is not -an unreasonable approach. except. however, in some cases it might be a more restrictive interpretation than the language actually- supports. For example. if a Building without on -site parking was built when no parking spaces were required and the building is in a district which permits a restaurant with high parking requirements. then the language appears to permit the establishment of a restaurant even though the building might originally been occupied by a low parking use. ResponsetaheProposedlDrrfjnanceand Islalevantl'ortronsnfe . istingC3rdjnance The proposed ordinance creates a special land use via the new subsection 21. but it fails to provide any standards (other than the general health, safety and welfare standard) by which this proposed special land use can be approved or disapproved in particular circumstances. This is impermissible according to at least two Florida appellate court decisions which hold that standards for special uses must be incorporated in the code. The standards can be discretionary, a the question of whether or not they are met in a given case can be subject to interpretation and judgement. However. the standards must be more specific than " health. safety and welfare. "" "Health. safety and welfare are the standards which the South Miami City: Commission must follow when it enacts zoning type regulations under grant of authority from the state constitution and the state legislature. However, the City Commission must;pass on more specific standards to those who administer the ordinance. This is true even when the Commission itself administers the oo: "um miami Weu.uL Iyy1 4u.-*i "(,I roye From Robert K. Swarthout, Incorporated 1 407 392 6358 Qualit4: Stanc Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page 5 ordinance. as is the case when it grants approval for a specific use under the special land use provisions of the code. ffr�, l-ecinmend that the pl'ta ' 'd ��! dingy nce be 123t 1.9f ell to provide -k—I& Ute sty ?ndalrfs The proposed ordinance makes off -site parking the special land use. This may or may not be desirable, but it is not all that is needed. It is instead or also necessary to make the use which does not have adequate on -site parking subject to special land use approval. Ifs recommend that the Rf-goo ed nlrlinance ba ivdl'e?f1al to make eutcloor djnin,,� with off - rte short tam- leasec/,r l�Crn '' the rise tt'hJCh IS Sllf?Ject to.�pea. land its levie tither• than IJl� ?J Jn� the pali-jk leer se suhject tc'spet1l�ll nd rl, levieu As noted in Part 3 of this letter. the current regulations are written so as to indicate that off -site parking spaces are permitted only when joint parking is provided for tw.o or more uses. The placement of the proposed amendment makes it subject to this problem. If the original combination of joint parking regulations with off -site parking options is indeed unintentional as we suspect, then we recommend that the ezrstin,,a oJrflnallce be elaJilledso t -2t the collfilSrn,aIan,rla e In SI11,c6On1-(0 (2) (d)JS ellminatet7r rather th, ?.n bsebZg evtencled to the new1T• pinposed plovimons. also as noted in Part 3 above, the current regulations are vague about off -site parking owned in fee simple and off -site parking secured by a twentyf vear lease. Tf e?.tmv rJmend that srlbMCtjonAU.4(F) (0 (c) bea revlSed tO rnole C1W -1iT•' X &Clllc?te ItSlllteRt ab011t. fee simple . -7nd Z)- . r °e. r leastxl Off -s to poi in,; The administrative interpretation of Section 20 -4;8 (B) (1) is reasonable in and of itself, but it is not in accordance with the actual language of 20-4.8(B) (1). Thik should be l soly bi., ameaclln, the ?dminls&wtive pnictice or amenclij the otrfjrrance 5. Respe�nsetaPlannin�sBaardt� ",onc,�rns ff�- -Xpre Fwth Afs: Lama s opinion that this question doses not Involve .i h,tJxlsilp and therek.le is not a valiant a c7vwtion, EVanding an existing use by removing existing parking or any other means cannot be justified if the result would be a reduction of parking spaces below the minimum required. A hardship variance would be needed if it were the only way to make reasonable use of a property-, but under the Ila: JOUln Miami WeU. U[ l L. 199 1 1 U.-+G hM r oyr o u From: Robert K. Swarthout. Incorporated 1 407 392 6358 Qualit g• Stande Ms. Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page 6 South Miami Development Code this is not the case. The South Miami Development Code allows liberal use of existing buildings which are legally nonconforming because they have no parking spaces or because they have inadequate parking spaces; this may be done under the exact terms of Section 20 -4.5 (B) or under the City s administrative interpretation of these provisions. ' h: (rlltieJ'12° Is Coll 'L't' the lajZpla,,p of the ,pivposvd .-?menn1ment trolllcl mate Inclool' as cr ell as outclool- facilities slr�lect. to• i• 1' h1'.1• ear revie�� if'�he;1•- ��f� clepeencl�nt an pal�in,,�' that. is � vala,6le onlT• on �� i• al• 1.- .teai•:basik This would be avoided if, as reconiniended in Part 4 of this letter, we make "outdoor dining with off -site short term - leased parking" the use which is subject to special land use review, rather than making the parking per -%subject, to special land use review. In 6801,7: it is -1V.VNOJ able that an 1,- facilities: whether- indoor of t71ltClool: Abe sllblect to.1 'pal'-to _ T ee?I' l-a wety ,�11�7gg as the c?�C7p.1k a ?t is fllllT ' Infoll77ecl that he IS' at i7Sd oflbsiz, his investment ifhe loses his shag This is a risk which the applicant could be allowed to take if he deems it worthwhile. If the amendment or something along the same lines passes, the City will be allowing development for which parking is required to supply that parking on a very tenuous short term lease basis. This is only acceptable so long as the riglit. to continue using the development is equally tenuous and the developer or property owner understands his risk. We advise that the City require that applicants sign an iron -clad acceptance of the risk expressly waiving their vested right in the improvements allowed by virtue of the short term parking lease. The City attorney could draft such a document. f[hile the above appinach is theom6ca.1A-, acceptable, it prrswts a pl acticalplvh1am which the Ctr'ma1'not Wish to acceptandplVabll. troulclbee I vise to.? void A property owner may sign away his vested right in blood and thereby give an iron -clad acknowledgement that he accepts the risk of loosing his investment if his short term parking lease cannot be extended. Still, South Miami, or any city, might find it difficult to force such a foolish property owner out of his facility if and when his leased parking ceased to be available. The City can avoid being put in such a situation if it permits "off -site short term - leased parking" to accommodate only outdoor dining which generally- requires only a low- investment. Possibly other similar uses which also require only a love-- investment could be permitted. In any case. the City should still obtain the applicant's iron -clad written V .. I Tv3R; .s.e. ,'6 „b.., .•w...,.. f. Tr°.+Znn�..r ,. a, R, n+' e';. �— rm�r^ I. s^ �. m..€ �b �?` #R�rf.'"F`:.1'p}'e£..':::mncni ^�n?.rvi,?n?l, �n',�'v�i."�.'iC. €"rt°^•.n%': �'"'�Y,v.�°'".�v^%'a`.'} ?�`��T, .. io: soutn Miami urea. UL L. 1 991 1 U.-r3 "M royc From: Robert K. Swerthout. Incorporated 1 407 392 6358 Quality: Sta Ms. Sonia Lama. Planning and Zoning Director Citv of South Miami October 1.1991 Page acceptance of the risk so that his use may be terminated by the City if the parking ceases to be available. , ll : Glltlt'17w ' sil,,restlon that the pal ii a b4e c7'l d t pr�1 aeo oUtdool- iWSt-Jzu ,7t 1-4C7I1tias la rum th consicler7;7 The basis of such an approach should be a planning process finding that outdoor restaurants justify such a .generous provision in their favor because they are highly beneficial to the downtown ambiance or make some other highly desirable and unique contribution. The finding should be documented with a simple research study. There should be a public hearing and the advantages and disadvantages should be discussed by the Planning Board and City Commission. It may even be desirable to add an appropriate policy to the Comprehensive Flan. U of this is necessary- or desirable in order to ensure and document that outdoor restaurant parking waivers are not just an arbitrary idea to accommodate the needs of the moment. but are a well-thought through methodology to promote legitimate public policy objectives. There also should be either quantitative or qualitative standards which govern when and where a particular outdoor restaurant: may be approved without the otherwise required parking. We suggest that outdoor restaurant facilities without parking be handled as special land uses rather than calling them parking waivers. Fvm the mint&,a-�,: we believe that;Af : Zeflev said that itis tmmmon pl acticV fol- -IRRIV °a% to be nrrll and voiclif?he conditions to which the .��C7�p12 t''alS r�l Z° .SIIE7JeCt �;� violated.- this is so is all of oirr 'atprience. T ,il complete& -tpve with AA E,,wnhalt that noplvpettr- oc��ne1- .shorrltl be at the "whim and ivim 5as'" of the Commissron There are three possible ways to avoid this in the present situation. First. the City could vote down the proposed amendment which. by aliowing a use to be established without secure parking, creates a situation absolutely necessitating some kind of periodic review. Second. we can propose a now amendment allowing outdoor restaurants and the like sans parking as special uses: once such a restaurant had been _allowed . there would be no need for periodic review other than the usual administrative review by which all uses are policed to ensure continuing compliance with zoning regulations. To: -South-miami Wea. Oct 2. 1991 1 U:44 "m from: Robert K. swarthout. Incorporated 1 407 392 6358 ouafit Ms. Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page 8 Third, we can modify the proposed amendment so that it permits "outdoor dining with off: site short term-leased parking'' as a special use and so that it incorporates reasonable quantitative and/or qualitative standards upon which the Commission must base its initial approval and periodic reviews. At a minimum, the standards should call for termination of the use if the leased parking ceases to be available. When parking remains available. the Commission should not be allowed to terminate the use unless it has been operated in violation of the standards explicitly set forth in the development code or clearly stated as written conditions at the time the specific use was approved. If such written conditions are involved. they should be in furtherance of the explicit standards set forth in the code. Any of these three approaches would be reasonable. but they would not all be equally satisfactory from the perspective of the re' I I restaurant %vhich pronipted the originally proposed amendment. It appears that the third approach would be best for that restaurant, but it may also be that the second approach could be serviceable. S. ROMMMWd.2tiOUS We should proceed to draft a revised amendment along one of the three lines stated above. Also, we suggest that previously mentioned ambiguities in other related parking regulations be clarified. Prior to proceeding to prepare the revised amendments, we would like to have Planning Board input, either directly or by way of the staff. The property owner whose needs prompted ihe originally proposed amendment should also be consulted. . This preliminary letter is transmitted as an unsigned facsimile. It will be finalized and signed after City staff and other interested parties have reviewed and inforined us of any relevant facts which we may have overlooked. Very truly yours., ROBERT K. SWARTHOUT INCORPOKkTED Applicant: City of South Miami Request: An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida and creating a new Section 20- 3 4 (B) (21) ; both to provide for "temporary off- site parking; providing for severability; ordinances in conflict; and an effective date. Mr. Parr read the request. B & Z Director Lama explained the purpose of this request. At the present time, the only option for acquiring additional parking to meet City requirement is 'a 20 year - lease. This request allows the applicants to -find a year -to -year lease for the same purpose with the condition that they return to the Commission every year to review the use that they have been conducting and re- approve or not based upon the results of that review. Mr. Gutierrez- stated that he understands this when a situation such as that which JJ's Bar and Grill is proposing arises. This restaurant is proposing an outdoor seating area where the parking lot is presently located. Mr. Gutierrez asked 'if' this could apply also to erecting a building in the same location? Ms. Lama said that, in the way,: this is worded, this could possibly happen. No reference is made to in -door or out -door activity. The Chair opened the Public Hearing. There being no one present to speak either for or against this request, the Public Hearing was closed and Executive Session opened. Mr. Parr suggested modifying the wording to avoid the possibility as stated above. Mr. Gutierrez stated that, in an attempt to accommodate the present owners of JJ's Bar and Grill, this request may be viewed as "overkill". Perhaps Planning Consultant Swarthout or the Board may have a better idea. Mr. Parr said that, perhaps requiring a variance application each time would be more sensible. Ms. 'Lama _ explained that a variance for use is not allowed and also, that approval of a variance is based on "hardship running with the land" which would make any request such as this virtually impossible. Therefore, a- variance would not resolve this specific problem. Mr. Gutierrez suggested changing the Code so that parking requirements could be waived for outdoor' cafes in order to encourage that type of activity if it complies with the Comprehensive Plan. PB Minutes 4 i 09 -24 -91 Ms. Lama explained that JJ's Bar and Grill is proposing an outdoor seating area, which can only be allowed if this request is granted. This request has also been brought to the attention of the City's Planning Consultant, Robert Swarthout. Mr. Lefley feels that this problem is addressed, referring to the Commission ordinance, second page, fifth line from the top, Section 2- 21(b), "otherwise approval is null and void". This procedure is common throughout Dade County. The Ordinance does not give an automatic permanent use. No criteria for denial is stipulated. Mr. Eisenhart noted that the Ordinance does not address the matter after the first year when the applicant must return to the Commission for a review. He would prefer that their temporary lease agreement included some type of renewable option at the lessees' option. The initial lease agreement would be for one year with additional one year renewal terms. Mr. Lefley made motion that Staff revisit Section 2(b) of the Ordinance to: (1) explore limiting or specifying uses (2) specify for annual reviews (3) standards should be expanded to include parking other subjects which the Commission should review at the time of the annual review Motion seconded, by Mr. Eisenhart, 'for discussion. Mr. Eisenhart does not favor an applicant having to come before the Commission ,annually and be at their "whim and wishes" regarding parking. Vote: Approved: 3 Opposed: 3 (Eisenhart) (Thorner) (Gutierrez) Motion failed. Ms. Lama clarified: (1) The Ordinance was prepared by the City Attorney; (2) the Board may want to refer this back to Mr. Swarthout for clarification inasmuch as Staff does not write the ordinances. Mr'. Eisenhart listed those as Staff, Consultants and anyone else who advises on these matters. Ms Gonzalez asked that the Board be given copies of any reports or information already done by Mr. Swarthout. Staff reports that Mr. Swarthout did not make a formal opinion in this matter. He merely made a comment on the subject. Mr. Parr made -a motion that this request be deferred until_ Mr. Swarthout can give a- written opinion on the matter. Seconded by - Ms Thorner. Vote: Approved: 6 Opposed: 0 I V -:- #5 ORDINANCE 'NO. AN ORDINANCE AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI AND CREATING A NEW SECTION 20 -3.4 (B)(21); BOTH TO PROVIDE FOR TEMPORARY OFF' -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. It was explained by Building and Zoning Director Lama that the Planning Board held public hearing on this item and then are waiting to make their recommendation until they receive information they feel pertinent from Robert Swarthout, the City's Planning - Consultant. Moved by Mayor McCann, seconded by Commissioners Banks and Cooper, that the ordinance be deferred until a recommendation by the Planning _Board is received. Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner;Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. DRAFT 14 0 RI AN C E NO. i AN ORDINANCE AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, AND CREATING A NEW SECTION 20- 3.4(8)(21) BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved Mayor McCann, seconded by Vice -Mayor Carver, Commissioner Banks and Commissioner Cooper, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public heating after consideration by the Planning Board. Moved by Vice -Mayor Carver, seconded by Commissioner Cooper, that (b) be clarified to state "...or a remaining lease, is either case for a one year minimun, and that the use remains in the health, safety and public interest." Motion passed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea; Commissioner Launcelott,'yea; Commissioner Ranks, yea; Commissioner Cooper, yea. Motion on ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. - - mow W_ 1" ° - s August 13, 1991 HAND DELIVERED City Commission THE'NICHOLS THE CITY OF SOUTH MIAMI PARTNERSHIPY 6130 Sunset Drive ARCHiTECTUREIPLANNING South Miami. Florida 33143 RE: JJ's AMERICAN BAR & GRILL 5859 S.W. 73rd Street South Miami, FL 33143 Madam Mayor and Commissioners: As you are aware, JJ's BAR & GRILL. LTD., an affiliate of JJ's AMERICAN DINER in South Miami, has purchased the lease and is currently in the process of renovating the old 'Bella Luna" restaurant located at 5859 S.W. 73rd Street in South Miami. It is our intention to convert the old operation into a new restaurant/lounQe called "JJ's AMERICAN BAR & GRILL ". We currently -have building permits and are underway with the interior renovation of this building. In order to give this building an entirely new image, as well as to improve the entire front entrance to the building, we would like to convert the existing minor parking area in front of the building into a landscaped courtyard with brick pavers. additional landscaping, decorative past lights. and umbrella tables and chairs with seating for approximately 40 persons. This "patio seating" is allowed by your Code in this area. and it would greatly enhance not only the front of this building, but also it would greatly enhance the sidewalks and pedestrian scale along the edges of these streets. We have presented the site plan and the elevations to your Environmental Review Board, which unanimously approved the plans and commended this outstanding concept. We have also worked with your Building and Zoning Department, including their having this proposal reviewed by an outside zoning consultant. and all have concluded that this proposal is acceptable. subject to our providing nineteen (19) parking spaces within _the 500' radius of our property allowed by your Code. We have worked with the First National Bank of South Miami and they are willing to lease to us on an annual basis. renewable annually. these nineteen (19) spaces in their lot which is located in the adjacent block diagonally across the street from our restaurant. We consider this 'front landscaped patio as having "temporary outdoor seating which does not affect our ongoing interior restaurant/lounge operation. 2600 Douaias Rood. Suite 900 Because of its temporary nature, we respectfully request that we be allowed to put Carol hoe(3 5)443. 206 these umbrella tables and chairs on this patio' and provide the one year lease for FAX (305) 446 -2872 5206 the required parking, which would be renewed annually. We would s. imultaneously CITY OF SOUTH MIAMI August 13. 1991 Page 2 THE NICHOLS PARTNERSHIP= request that this approval by the City be subject to the City's Annual Review and aRCttntttWip. MINI Re- approval each year, which would be based on our providing the renewed parking lease, as well as our track record of providing a quality operation that does not create a nuisance to the City or its residents. In the event that the parking lease was not renewed, or the approval was not renewed by the City Commission. then we would agree to remove the umbrella tables and chairs from this area and simply use it as an entrance courtyard. I have enclosed a copy of the Site Plan showing this newly landscaped patio for your review. Inasmuch as we are trying to open the new operation in approximately three weeks, we respectfully request to have this item placed on the Agenda for the next City Commission meeting, which will be held on August 27, 1991. We will be present to discuss this in further detail and provide answers to any questions. Thank you for your consideration. Sincerely, JJ's AMERICA XkR & GRILL, LTD. By: Jo i 'hols Vice President JJ's BAR & GRILL MANAGEMENT, INC. JRNnss Enclosure: Site Plan ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SUB - SECTION (P) TO PROVIDE CONDITIONS UPON WHICH NON - BUSINESS HOME OCCUPATIONS ARE PERMITTED; AMENDING SECTION 20 -2..3 TO PROVIDE A REVISED DEFINITION OF "HOME OCCUPATION "; DELETING THE EXISTING SECTION 20 -5.10 "HOME OCCUPATIONAL LICENSES "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for the- uses of real property within the City; and WHEREAS, the Mayor and Citv Commission wish to amend Section 20 -3.6 of the Land Development Code of the City of South Miami by adding a new sub- section (P) to provide conditions upon which non - business Home Occupations are permitted; to amend section 20 -2.3 to provide_ -a revised definition of "Home Occupation "; and to delete the existing section 20 -5.10 "Home Occupational Licenses "; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -3.6 of the Land Development Code of the City of South Miami be, and hereby is, amended to add the following sub- section (P): (P) Nan- Business Home Occupations Permitted; Other Home Occupations Prohibited (1) Non - Business Home Occupations shall be permitted provided they conform to the following: (a) Occupational activities at the residential unit shall be clearly incidental to the residential activities. (b) Employees Working at the residential unit shall all reside at the residential directly on the site. (d) No inventory of goods shall be kept on the site. (e) No goods shall be _displayed for sale or as samples on the site. (f) No customers shall be serviced on the site in any way nor shall the occupation be conducted in any way which would necessitate customers visiting the site. (g) All goods, material and /or equipment, other than motor vehicles, which is used off the site shall be stoned on the site, except indoors and /or in motor vehicles. (h) No signs relating to the-home occupation or any business shall be located on the site. (i) There shall be no increase in traffic at the site as a result of the occupation. (3) There shall be no increased demand on city services at the site as a result of the occupation. (k) There shall be no reduction of the quality of residential life in the neighborhood in which the residential use is located. This standard shall be met if there is no perceptible evidence that the home occupation is being conducted at the site. Observance of Home Occupational activities by neighbors or city officials may be evidence that this standard is not met. (2) "Other Home Occupations" shall include all those which do not conform to all of the above standards. Such "Other Home Occupations" shall be prohibited. (3) No Occupational Permit or License shall be required to conduct a Permitted Non - Business Home 2 Occupation, except that anyone who holds a State of Florida or Dade County License must make application for a Citv of South Miami License. No Occupational Permit or License may be legally issued to conduct any "Other Home Occupation." Section 2. Section 20 -2.3 of the Land Development Code of the Citv of South Miami be, and hereby is, amended to read as follows: HOME OCCUPATION: A Home Occupation is an occupation conducted as an accessory use to a residential use in a residential unit. For the regulatory purposes of this code, Home Occupations shall include "Non- Business Home Occupations" and "Other Home Occupations," the former of which are permitted and the latter of which are not in accordance with the provisions of Section 20 -3.6 (P). Section 3. Section 20 -5.10 of the Land Development Code of the City of South Miami be, and hereby is, deleted. Section 4. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or Unconstitutional by an} Court of Competent Jurisdiction, then said holding shall in nc way affect the validity of the remaining portions of thi: Ordinance. Section 5. All Ordinances or parts of Ordinances it conflict herewith be and the same are hereby repealed. Section 6. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. PB -91 -040 Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SUB' - SECTION (P) TO PROVIDE CONDITIONS`, UPON WHICH NON- BUSINESS HOME OCCUPATIONS ARE PERMITTED AMENDING SECTION 20-2.3 TO PROVIDE A REVISED DEFINITION OF "HOME OCCUPATION "; DELETING THE EXISTING SECTION 20- 5.10 "HOME OCCUPATIONAL LICENSES"; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Ms. Thorner read the request. The Chair deemed the Public Hearing to be opened. Mr. Christopher Cooke- Yarborough, Architect, signed in to speak for this request. Mr. Yarborough stated that he is one of the few persons in the City with a home occupational license. Several others have asked him how to obtain such a license. Also, there are business /activities in his own neighborhood which are more intrusive but are not required to be licensed. He particularly cited certain lawn service businesses. He has refused to pay for his occupational license renewal until the double standard for their issuance is removed. He suggests that the definition of "business" be clarified and that the ordinance include a business occupation in the home. Zoning already regulates the location of specific activities. He proposes three ways in which to address this matter. (1) A clear definition of a "business". (2) Modify zoning to allow businesses on a limited scale as delineated in the proposed ordinance. (3) Place a limitation on the occupational license by special conditions, however, enforcement would be difficult. This could be titled "occupational license- residential location. Public Hearing was deemed closed. The Board recommends that the City Attorney re -draft the ordinance to include the following motion.. Mr. Parr made a motion to use the term "Occupational license - residential location" where appropriate and utilize the definitions which are appropriate for maintaining a residential character. Seconded by Ms. Gonzalez. Vote: Approved: 6 Opposed: 1 (Eisenhart) #15 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 20 -3.6 OF THE LAND DEVELOPMENT CODE BY ADDING A NEW SUBSECTION (P) TO PROVIDE CONDITIONS UPON WHICH NON - BUSINESS HOME DRAFT OCCUPATIONS ARE PERMITTED; AMENDING SECTION 20 -2.3 TO M PROVIDE A REVISED DEFINITION OF "HOME OCCUPATION "; DELETING THE EXISTING SECTION 20 -5.10 "HOME OCCUPATIONAL LICENSES "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Moved by Mayor McCann, seconded by Commissioner Launcelott, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing after consideration by the Planning Board. Mayor McCann stated that she placed the item on the agenda because there has been quite a bit of discussion with regard what occupations require a license to do at home. It -is her opinion that there are certain things that should not require a home occupational license. Discussion was held with regard to use of "accessory buildings" for home occupations. Vice-Mayor Carver cited the use by an artist for instance, of an accessory building as a studio. Moved by Vice -Mayor Carver, seconded by Commissioner Cooper, the Section (1) (c); "No goods or services shall be dispensed directly on the site." be deleted. Motion passed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea'; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Discussion was held with regard to storage of goods, materials and vehicles on the site of the home occupation. Mbved by Vice -Mayor Carver, seconded by Mayor McCann, that (g) be amended' to state: All goods, material and /or equipment, used in the occupation, other than motor vehicles, which is used off the site shall be stored indoors with the exception of motor vehicles which shall be store' as permitted by Code. Motion was amended by Vice -Mayor Carver, seconded by Commissioner Cooper, to state that: All goods, materials and /or equipment, used in the occupation, other than motor vehicles, as permitted by City Ordinance, which is used off -site, shall be stored on the site, except indoors and /or in motor vehicles. Motion was passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Moved by Vice -Mayor Carver, seconded by Mayor McCann, that subsection (d) be amended to state: (d) No inventory of goods shall be kept on the site. Motion passed 5/0: Mayor McCann, yea; Vice -Mayor DRAI Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Moved by Vice-Mayor Carver, seconded by Commissioner Cooper, that Section 1. (P) (1) be amended to state "may" instead of "shall ". Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea.. Discussion was held to the possibility that there may be conflicts, between the City's code and this ordinance. Moved by Mayor McCann, seconded Vice -Mayor Carver, that an amendment be made to the ordinance that the occupation must be listed in the Code and that there be a provision that anyone required by Dade County to hold a license must then make application fora South Miami license. Motion passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Motion on ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. City Attorney noted that there are asterisks only next to the first tree on the noxious tree list. Mayor McCann stated that the Tree Committee asked that these be removed in the body of the ordinance and on the tree list. This can be done as a 'typographical error. City Attorney agreed. Commissioner Launcelott asked that the tree lists be checked for proper spelling of the names of the trees. Discussion was held with regard to trees permitted on commercial properties and trees permitted on private property. Vice -Mayor asked if the list refers to residential as there are a number of trees appropriate for residential, which ar'e not listed. Commissioner Launcelott stated that the Commission needs to find out whether or not residential is included. Vice- Mayor Carver stated that he would not like to see trees that are native and appropriate for use, restricted by this proposed ordinance. Moved by Mayor McCann, seconded by Commissioner Cooper, that the motion for second reading and public hearing_be amended to state December 17, 1991, as the hearing date. .Motion passed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner_ Cooper, yea. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.5 E OF THE LAND DEVELOPMENT CODE OF THE CITY. OF SOUTH MIAMI 0 PROVIDE AN EXCEPTION FOR INTERIOR SIDE SETBACKS IN RS -4 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR'ORDINkNCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for the uses of real property Within the City; and WHEREAS, the Mayor and City Commission wish to amend Section • 20 -3.5 E of the Land Development Code to provide an exception for Side (Interior) setbacks in RS -4 distzicts; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -3.5 E in the Land Development Code of the City of South Miami be, and hereby is, amended to add the following to the "Side (Interior)" setback in RS -4 districts: Sarin (Tntpr or )a 12.5 10_ 7.5 -- 7.0 L b except that additions _to existina stzucturea may have 5 feet interior side - setbacks where any portion of the building al er_adv has--a 5 feat setback. 8,2ction 2._ If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Seeti_on _, All ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED this _.th day of 1991. a APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY #16 ORDINANCE NO. � AN ORDINANCE AMENDING SECTION 20 -3.5 E OF THE LAND DEVELOPMENT CODE OF THE CITY TO PROVIDE AN EXCEPTION FOR INTERIOR SIDE SETBACKS IN .RS -4 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Moved by Mayor McCann, seconded by Commissioner Cooper, that this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing after consideration by the Planning Board. Mayor McCann explained that this will _permit residents to enclose carports when the slab and roof are already there within five feet of the property Line. As a safeguard, the City has already established -that not building can cover more than 30% of the residential lot. Commissioner Cooper said that this will address the unique situations in the RS -4 district where the lots, sufficient by prior codes, no longer are as large as what the City requires. On those lots the 7.5 foot setback is a hardship. Motion on-first reading passed 4/1: Mayor McCann, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea; Vice -Mayor Carver, nay. L t PB -91 -041. Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.5'E OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE AN EXCEPTION ' FOR INTERIOR SIDE SETBACKS IN RS 4 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Eisenhart read the request. The Public Hearing was deemed open. There being no one to speak for or against the request, Public- Hearing -was closed. This request- is-`to accommodate- those properties which were platted with smaller setbacks before the more recent larger setbacks were instituted. Mr.Eisenhart moved for approval. Seconded by Mr. Lefley. Vote: Approved: 7 Opposed: 0 ORDINANCE NO. AN ,ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTIONS 20 -3.3 (D) AND 20 -3.4 '(B) 19 -(c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI', FLORIDA TO CLARIFY THE PARKING REQUIREMENT FOR "SMALL RESTAURANTS "; PR'OVIDING FOR SEVERABIL,ITY; ORDINANCE9 IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for permitted uses, including small restaurants, of real property in the City of South Miami; and WHEREAS, pursuant to section 20 -3.4 (B) (19) (c), small restaurants are a special use condition In the SR district, whose "on -site parking must satisfy 25% of Land Development Code Requirements "; WHEREAS, pursuant to sections 20 -3.3 (D) and 20 -4.4 (B) (7), the standard restaurant or eating place requirement is one (1) parking space per one hundred (100) square feet of gross floor area, but section 20 -3.3 (D) presently designates small restaurant parking as I'll", which under section 20-4.4 (B) is one (1) parking space per 300 square feet; and WHEREAS, the Mayor and City Commission believe the original intent of the Code With regard to small restaurants will be served by amending Section 20 -3.3 (D) of the Land Development Code to read parking t11211, which is one (1) parking space per four hundred (400) square feet, and thus comports with the 75% reduction in parking contemplated; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section L. That the "small restaurant" use of Section 20 -- 3.3 (D) of the Land Development Code' of the City of South Miami be, and hereby is, amended to read as follows: C P ZONING DISTRICTS 0 A a- �..= °__--- °�_•'__ =- __a...� • __ - = -- -OCR = =� ��c_____ N R R L M N S G I H D K ..... 0 d 0 R R R S G Small Restaurant s 19 12 ,F, � �� .