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01-21-92c "OFFICIAL AGENDA CITY OF SOUTH MIAMI, 6130 Sunset Drive Regular City Commission Meeting January 21, 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. Items for Commission Consideration: 1. City Manager's Report 2. City Attorney's Report ORD- INANCES 2ND READING AND PUBLIC HEARING: IQs I� 1 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 liability for replacement and /or repair costs of up to $1,`000.00 per tree; providing for severability; providing for ordinances in conflict; and providing an effective date *pub'l'ic hearing concluded 1 /7 /92'GCM (Mayor for Tree Committee) 3/5 consideration and vote, by'Commissi`on, continued to 1/21/92 RESOLUTIONS - PUB'LIC HEARING: �'r 4. A Resolution of the Mayor and City Commissi n 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 Pond, 6497 SW 72'Street, -South Miami, FL 33143. (Administration) 4/5 RESOLUTI NS; Or U 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, denying an appeal from the Environmental Review and Preservation Board by Audley and Carole Butler, with < 5� regard to security bars for the property commonly known as 6390 SW 69 Street, South Miami, Florida 33143. (Administration) 3/5 6. A Resolution of the Mayor an ity Commission f" the City of South Miam', F rids, den ng a appeal fro he Environmental Review an Prese nation oard b Roy Pear n of Signs Inc., with re_ rd to a ole ign for he pr rty commonly known as 5865 Commerce Lane, outh Miami, rida 33143. (Administration)' 3/5 7. A Resolution of the City of South Miami,.Florida, issuing the Mayor's Proclamation declaring a Speciall City Election to be held in conjunction with the Regular City Election on Tuesday, February 11, 1992, in the Fire Station of South Miami City Hall Complex, 6130 Sunset Drive, South Miami, Florida, for the purpose of a Regular Election to elect a Mayor and City Commissioners from Group I and Group II and a Special Election to submit a separate ballot question whether or not to reaffirm the City Charter and a separate ballot question to implement alternative Bond Proposition I or alternative Bond Proposition II (if neither of these Propositions is approved, the City intends to pay the total cost of constructing the Public Works facility from the City's Revolving Trust Fund;) designating the place of voting, the time of opening and closing of the polls, naming the Clerk of the Election, Deputy Clerk of the Election; Deputy Sheriff of the Election and Inspectors of the.Election and other personnel. (Mayor) 3/5 OFFICIAL AGENDA January 21, 1992 page 2 r RESOLUTIONS: 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to permit the operation of a not - for - profit office for the benefit of persons suffering with Alzheimer's Disease in the premises commonly known as the Bakery Centre for a period of time not to exceed months. (Comm. Launcel tt) 4/5 9A A Resolution of the Mayor and Ci o 'm is .o the City of South Miami Florida, authorizing the City Administration to extend the existing air conditioning contract .with Spring Air Conditioning, Inc. for a total cost not to exceed $18,000.00 for the purchase of air conditioning in the Sylvia Martin Building, the After School - Building, and the Social Services Building as detailed in the attached proposal and charging the disbursement to account #2100 -5510 "Non - Departmental Expenses General Contingency Fund." (Mayor) ` 4/5 (� w 9B A Resolution of the Mayor and C} y Commission of the City of South Miami,, Florida, authorizing the City Administration to extend the existing air conditioning contract with Spring Air Conditioning, Inc., for a total cost not to exceed $18,000.00 for lease /purchase of air conditioning 'in the Sylva Martin Build i n`g, the After - School Building, and the Social Services Building as detailed in the attached , proposal and charging the disbulrsement as follows: $ to account #2100 -5510 "Non - Departmental Expenses - General Contingency Fund" and $ to account #09- 1100 -4670 "Sylvia Martin 'Fund- Maintenance and Repair of Structure." (Mayor) 4/5 ORDINANCES - FIRST READING: 10. An Ordinance of the City of South Miam F1ori da, amending the Land Development Code of the City of South Miami, Florida, by providing a definition of Psychic in Section 20 -2.3; permitting Psychic under Section 20 -3.3 (E) of the permitted use schedule in NR, SR, and GR Districts; providing for inclusion in the City's Occupational License fee schedule at $100.00; providing for- severability; ordinances in conflict; and an effective date.� 114Z (Commissioner Launcelott) 4/5 11. An Ordinance of the Mayor and City Commission of the City of South ',Miami, Florida, designating place of polling, date and time of a Special City Election to be held in conjunction with a Regular City Election on February 11, 1992. _""" and _')�Cz> (Mayor) 3/5 12. An Ordinance o the Ma Y or land Cit Commission of the City of South ,Miami Florida, amending Section 3.3 (C) of the Land Development Code, Chapter 20 of the Code of Ordinances of the City of South Miami, to include a subsection (6) permitting only permitted retail uses on the first floor in the "SR District; providing for severability providing for ordinances in conflict; and providing an effective date. (Mayor) 4/5 OFFICIAL AGENDA January 21, 1992 page 3 REMARKS: None A ;L DEFERRED: e(� A Resolution of the Mayor and City Commission 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 percent is permitted, both in the neighborhood retail district, by B.J. Everett from the Planning Board of the City of South Miami, Florida,fo'r' the property known as 6480 SW 62 Avenue, South Miami, Florida 33143 and legally described hereinbelow. (originally heard 12/17/91. Deferred until 1/7/92. Deferred at the meeting of 1/7/92 to 1/21/92 so applicant could be contacted) 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 r u OFFICIAL AGENDA January 21, 1992 page 3 REMARKS: None A ;L DEFERRED: e(� A Resolution of the Mayor and City Commission 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 percent is permitted, both in the neighborhood retail district, by B.J. Everett from the Planning Board of the City of South Miami, Florida,fo'r' the property known as 6480 SW 62 Avenue, South Miami, Florida 33143 and legally described hereinbelow. (originally heard 12/17/91. Deferred until 1/7/92. Deferred at the meeting of 1/7/92 to 1/21/92 so applicant could be contacted) 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. ORDINANCE NO. 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 LIABILITY FOR REPLACEMENT AND /OR REPAIR COSTS OF UP TO $1,000.00 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 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 Y � WHEREAS, the Mayor and Citv 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 Citv. 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. Section 3. Term of Office: the term of the five persons to a3 "":t r171 _.., r.^• ... , w ,� E. e;'f�Trr,, .,— ,— .m,.r. . . , Y t j ORDINANCE NO. 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 LIABILITY FOR REPLACEMENT AND /OR REPAIR COSTS OF UP TO $1,000.00 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 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 Y � WHEREAS, the Mayor and Citv 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 Citv. 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. Section 3. Term of Office: the term of the five persons to a3 "":t r171 _.., r.^• ... , w ,� E. e;'f�Trr,, .,— ,— .m,.r. . . , t be appointed by the Mavor with the shall be for two years, except the first committee shall be for only on vacancy shall occur during the term shall be appointed for the unexpired consent of the Commission term of three members of the a year. In the event that a of any member, his successor 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, counsel, 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 findings, 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. 2 i ' Section 8. The spacing of street trees will be in accordance with the three species size classes listed in Section 7 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. 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 inurious 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 Citv 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 Y � 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 recommendation of the City Tree Committee to the City Administration. 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 any 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 surface of the ground. In the interest of environmental conservation, park and residential property are permitted to leave tree trunks standing for the benefit of nesting birds. Section 16. 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 S 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 Y � 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 17. 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 -P caliper of 2" and selected from approved City Tree List. Section 18. Hazardous Practices. It shall be unlawful to root prune or otherwise destroy 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 or to protect utilities, structures, or slabs. 5 -- ..... . . . . . . . . . . . . . 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 City Tree Committee to the City Commission. Section 20. Liability for replacement /repair costs. Any person violating Section 13 and /or Section 19 of this Ordinance shall be liable for replacement /repair costs of up to $ 1,000.00 per tree. Section 21. 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 22. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 23. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1992. APPROVED: MAYOR ATTEST: s CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 6 ' -�fi , - A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ORRIS POND HOMEOWNERS ASSOCIATION, INC. TO DUMOLISH A CORAL ROCK WALL ON TRACT RV OF THXT CARTAIN PLANNED UNIT DEVELOPMENT KNOWN AS ORRIS POND, 6497 S. W. 72ND STREET, '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 applAvation 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 VNEREAS, 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 WHERSAS, 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,. BE IT RESOLVED BY THE MAYOR AND THE CITY PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST CI -TY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY f c* K PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST CI -TY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 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. 13 city ---------- i A RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL FROM THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY AUDLEY AND CAROLE BUTLER WITH REGARD TO SECURITY BARS FOR THE PROPERTY COMMONLY KNOWN AS 6390 S.W. 69TH STREET, SOUTH MIAMI, FLORIDA- 33143 WHEREAS, on December 17, 1991, the Environmental Review and Preservation Board of the City of South Miami voted 5- 0 to deny approval of security bars for the residence of Audley and Carole Butler for the property commonly known as 6390 S.W. 69th Street, South Miami, Florida 33143; and WHEREAS, Audley and Carole Butler appealed that decision to the South Miami City Commission, which Appeal has now been heard; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Appeal by Audley and Carole Butler from a decision by the Environmental Review and Preservation Board of the City of South Miami on December 17, 1991 to deny approval for security bars for the property commonly known as 6390 s.W. 69th Street, South Miami, Florida 33143 be, and the same is, hereby denied. PASSED AND ADOPTED this _st day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY t - 4y AM City WSOUgh Mlarni APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME: DATE: ADDRESS: 63o S- . � q Sf. 14/ 4 in ! F/, 3:5 � 3 TELEPHONE NUMBER DURING BUSINESS HOURS: &0 ,57—/c 3 l State reason for which you want to be heard: - We LJc..:f f o 4 n e i b L)-,(, w% G,o y-Ae s h�c� se c � Address of property: (O3 97- Mc CL r✓► 1 T� :z z I a a Would you like to meet with a Commissioner: Yes No Circle the name of the Commissioner: Cathy McCann Neil Carver Mayor Vice -Mayor Betty Banks Thomas Todd Cooper Commissioner Commissioner Jan Launcelott Commissioner Mr. Hochstim moved to approve the request subject to finishing the wall on the other side to match the stucco on the inside of the property. Seconded by Ms. Wilson, with the hope that the inspector Will check the height of the fence. Vote. Approved: 5 Opposed: 0 C. EB -91 -147 WOOD FENCE Applicant: Lemax Realty Address: 7311 SW 59 Court Represented By: J. LeMieux Mr. LeMieux was present and signed in. Following review by the Board, Mr. Jesmer moved for approval. Seconded by Mr. Hochstim. Votes Approved: 5 Opposed: 0 D. BB -91 -148 WOOD FENCE Applicant: Walter Woar Address: 5650 Twin Lake Drive Represented By: Falvella Fence Co. There was no representative present. Mr. Hochstim moved for denial because the fence infringes on the environment and does not solve anything that could not be solved with a hedge. Seconded by Mr. Jesmer. Vote: Denial approved: 5 .Opposed: 0 $. EB -91 -149 SECURITY IRON Applicant: Audley and Carole Butler Address: 6390 SW 69 Street Represented By: Self There was.no representative present. Mr. Jesmer moved for denial. Mr. Greene seconded denial of the application on the basis of aesthetics and design but does not feel that a person should be denied use of bars, per se.' Mr. Jesmer suggests that bars should be placed on the inside of the house. Vote: Denial approved: 5 Opposed: 0 ERPB Minutes :Ir 2 12 -17 -91 r 4 r s' RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL FROM THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY ROY PEARSON OF SIGNS INC.WITH REGARD TO A POLE SIGN FOR THE PROPERTY COMMONLY KNOWN AS 5865 COMMERCE LANE, SOUTH MIAMI, FLORIDA 33113 WHEREAS, on March 19, 1991, the Environmental Review and Preservation Board of the city of South Miami voted 5 - 0 to deny approval of a pole, sign requested by Roy Pearson of Signs Inc. for the property commonly known as 5865 Commerce Lane, South Miami, Florida 33143; and WHEREAS, Roy Pearson appealed that decision to the South Miami City Commission, which Appeal has now been heard; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1,... That the Appeal by Roy Pearson from a decision by the Environmental Review and Preservation Board of the City of South Miami on March 19, 1991 to deny approval for a pole sign for the property commonly known as 5865 Commerce Lane, South Miami, Florida 33143 be, and the same is hereby, denied. PASSED AND ADOPTED this st day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK ...- ,. READ AND APPROVED AS TO FORM: CITY ATTORNEY 6 City ()f South M Lami APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME: ` Lo — DATE: ADDRESS: SvGS: S _ TELEPHONE NUMBER DURING BUSINESS HOURS: 6.404 (r/, State reason for which you want to be heard: G ✓/2 / Address of property: Would you like to meet with a Commissioner: Yes No Circle the name of the Commissioner: Cathy McCann Neil Carver Mayor Vice- Mayor Betty Banks Thomas Todd Cooper Commissioner Jan Launcelott Commissioner Commissioner 6 N 6 C. EB -91 -019 Applicant: Address: Represented By: Concrete Wall & Gates: RESUBMISSION Manuel A. Del - Valle, Jr. 6401 Miller Road Kendall South Fence Co., Inc. Rhona Isgar, representing Kendall South Fence Co., Inc. signed in. Mr. Hochstim and Ms. Wilson objected to the use of a wooden, unpainted gate with a painted, concrete wall. There is too much contrast between types. Wrought iron would be preferable. Mr. Jesmer made a motion to approve subject to the use of smooth stucco on the top of the concrete wall and sloping it toward the inside or beveling the concrete. Seconded by Mr. Shaw. Vote: Approved: 2 Opposed: 3 (Hochstim) (Wilson) ( Wolf sohn ) Mr. Jesmer restated the motion with the addition of the deletion of the gate(s) and the sloping of the top of the stucco towards the inside of the property. Seconded by Ms. Wolfsohn. Vote: Approved: 3 D. EB -91 -023 Opposed: 2 (Hochstim) (Wilson) Pole Sign Applicant: Stanley Wieder Address: 6114 South Dixie Highway Represented By: Signs, Inc. There is no representative present. Mr. Hochstim moved to deny as the proposed sign is too busy; the height is unsafe and a liability factor; the interchangeability allows the aesthetics to be too There the location is not specified. Seconded by Mr. Jesmer. Vote: Denial approved: 5 Opposed: 0 E. EB -91 -024 Applicant: Address Represented ERPB Minutes Flat Sign Courey Investments 5821 S.W. 70 Street By Edward Rogers, D **Signs by Abracadabra 2 19 =03-05-91�) sue, �4r� PkU� cc 3 M I N U T E A Q 3E: - 1t S. Environmenta eview & es on Board ommission Chambers i'Ma +vim li, i.771 j 9:00 AN 1. Call to order 2. Roll Call 3. Requests for approval A. EB -91 -023 Pole Sign: RESUBMISSION Applicant: Stanley Wieder Address: 6114 S. Dixie Hwy Represented By: Signs, Inc. Mr. Roy Pearson of Signs, Inc. signed in. Motion by Susan Wilson to deny with recommendations: make the sign itself smaller by L�reducing content. Seconded by Mr. Hochstim. Vote: Denial approved: 4 Opposed: 0 B. EB -91 -028 Wood Fence Applicant: Barry Zwibelman Address: 6131 S.W. 86 Street Represented By: AAA Fence There was no representative present. Mr. Hochstim made a motion to approve. Seconded by Mr. Jesmer. Vote: Approved: 5 C. EB -91 -029 Applicant: Address: Represented By: Opposed: 0 Fence and Accessory Shed Teresita Moran 5885 S.W. 80 Street Self Ms. Moran signed in. Mr. Hochstim moved to approve subject to the removal of the chain link fence on that portion of the property where the wood fence is proposed and that two gates be allowed, ERPB Minutes l I 1 03 -19 -91 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, ISSUING THE MAYOR'S PROCLAMATION DECLARING A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH THE REGULAR CITY ELECTION ON TUESDAY, FEBRUARY 11, 1992, IN THE FIRE STATION OF SOUTH MIAMI CITY HALL COMPLEX,- 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, FOR THE PURPOSE OF A REGULAR ELECTION TO ELECT A MAYOR AND CITY COMMISSIONERS FROM GROUP I AND GROUP II AND A SPECIAL ELECTION TO SUBMIT A SEPARATE BALLOT QUESTION WHETHER OR NOT TO REAFFIRM THE CITY CHARTER AND A'SEPARATE BALLOT QUESTION TO IMPLEMENT ALTERNATIVE BOND PROPOSITION I OR ALTERNATIVE BOND PROPOSITION II (IF .NEITHER OF THESE PROPOSITIONS IS APPROVED, THE CITY INTENDS TO PAY THE TOTAL COST OF CONSTRUCTING THE PUBLIC WORKS FACILITY FROM THE CITY'S REVOLVING TRUST FUND;) DESIGNATING THE PLACE OF VOTING, THE TIME OF OPENING AND CLOSING OF THE POLLS', NAMING THE CLERK OF THE ELECTION, DEPUTY CLERK OF THE ELECTION, DEPUTY SHERIFF OF THE ELECTION AND INSPECTORS OF THE ELECTION AND OTHER PERSONNEL. WHEREAS, the City Charter and the City Code of Ordinances provide the City Commission shall designate the polling place, Clerk of Election. Deputy Clerk of Election, Deputy Sheriff of Election. Inspector of Election and Election personnel, ballot questions to be voted upon and opening and closing times of r the polls; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. That there will be a Regular City Election on Tuesday, February 11, 1992 in the Fire Station at City Hall Complex, 6130 Sunset Drive, South Miami, Florida, at which time the Regular Election will be to elect a Mayor to serve a two year term as provided by law and Commissioners from groups I and II to serve a full four -year term as provided by law. The candidates are as follows: Mayor: Cathy McCann (i)* (unopposed) Commissioner Group I: Ann B. Bass Christopher Cooke- Yarborough John Lefley Commissioner Group II Thomas Todd Cooper (i)* (unopposed) Section 2. That the Special Election shall be held to submit separate ballot questions as follows: 7 F ... a. Shall the present Charter of the City of South Miami be reaffirmed? Yes No b. (The City wishes to implement one of the of the following propositions. If neither of these propositions is approved, the City intends to pay the total cost of constructing the public works facility from the City's Revolving Trust Fund.) ALTERNATIVE BOND PROPOSITION I Shall the City -of South Miami issue its general obligation Bonds pledging the City's full faith and credit, having a term of more "than '12 months and not exceeding 15 years, in a principal amount not to exceed $800,000 at an interest rate not to exceed 8 percent, to pay the cost of constructing a new public works facility required to correct health, safety and Code violations at the present facility? For Bonds Against Bonds ALTERNATIVE BOND PROPOSITION II In the alternative, shall the City issue its general obligation Bonds pledging the City's full faith and credit having a term of more than 12 months and not exceeding 15 years in a principal amount not to exceed $400,000 at'an interest rate not to exceed 8 percent to pay a portion of the cost of constructing the public works facility, aind paying for the balance of the cost from the City's Revolving Trust 'Fund? Section 3. For Bonds Against Bonds Personnel for the Election shall be as follows: Clerk, Gloria Stinger; Deputy Clerk, Helen Carter; Deputy- Sheriff, Guy Taylor; Inspectors: Ritta Hogan, Florence Stroemer, Juanita Henderson, Anna Schultzel, Alden Thompson, Willie Mae Robinson, Amelia Miller, Betty Filippi, Penelope Dzamba, Arthur Abraham, Jude Bagatti. Section 4. The polling place will be open from 7:00 a.m. until 7:00 p.m. as prescribed by law. PASSED AND ADOPTED this 21 day of January, 1992. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 9. . APPROVED: MAYOR RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO PERMIT THE OPERATION OF A NOT-FOR- PROFIT OFFICE FOR THE BENEFIT OF PERSONS SUFFERING WITH ALZHEIMER'S DISEASE IN THE PREMISES COMMONLY KNOWN AS THE BAKERY CENTER FOR A PERIOD OF TIME NOT TO EXCEED MONTHS. WHEREAS, the City Administration has indicated that a not- for - profit organization benefiting persons suffering from Alzheimer's disease has requested permission to operate an office in the premises commonly known as the Bakery Centre fox a limited period of time'; and WHEREAS, the City of South Miami as heretofore permitted such temporary uses of property; 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 permit a not - for - profit organization benefitting persons suffering from Alzheimer's disease to operate na office in the pxemi:ses commonly known as the Bakery Centre for a limited period of time not to exceed months. PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY � ; r i 1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINI,STRATI'ON TO EXTEND THE EXISTING AIR CONDITIONING CONTRACT WITH SPRING AIR CONDITIONING, INC. FOR A TOTAL COST NOT TO EXCEED 8 18,000.00 FOR THE PURCHASE OF AIR CONDITIONING IN THE SYLVA MARTIN BUILDING, THE AFTER - SCHOOL BUILDING, AND THE SOCIAL SERVICES (BUILDING AS DETAILED IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 -5510 "NON - DEPARTMENTAL EXPENSES - GENERAL, CONTINGENCY FUND ". WHEREAS, the City of South Miami, Florida has heretofore entered into a contract for air conditioning equipment install- ation with Spring Air Conditioning, Inc.; and WHEREAS, the City now wishes to extend the existing contract to replace and /or repair the air conditioning systems in the Sylva Martin Building, the After - School Building, and the Social Services Building; and WHEREAS, the Administration of the City of South Miami has now obtained the attached proposal from Spring Air Conditioning Inc. for `a total cost not to exceed S 18,000.00 which provides, inter,alia, for the utilization of a donated 15 ton dual-com- pressor condensing unit for the After- School Building; 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 an air conditioning purchase contact with Spring Air Conditioning Inc. for a total cost not to exceed 8 18,000.00 to replace and /or repair the air conditioning systems in the "Sylva Martin Building, the After- School Building, and the Social Services Building as detailed in the attached proposal. Section 2. That the disbursement be charged to Account No, 2100 -5'510 "Non - Departmental Expenses - General Contingency Fund ". PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of January, 1992. APPROVED; MAYOR y {. Ernirvemental. Rafrige►�ttion 61Rettti4ttion Syatrms 13501 S. W. 128th Stmt, Suite 209 Miami, Florida 33186 8usinesa (305) 252 -2501 Fax (305) 255.7478 Mr. William Hampton City Manager City Of South Miami 6130 Sunset Drive South Miami, Florida Dear Mr. Hampton: January 16th, 1992 Further to our letter of January 15th, 1992 related to the "After School Facility" and the "Sylva Martin Building" we pro- pose the following. "AFTER SCHOOL FACILITY" Replace the existing 10 ton system with a new Lennox 10 ton AHU with a 60/40 split coil combined with a 15- ton_ dual compres- sor condensing unit donated by South Miami hospital. Replace the existing 2.5 ton package unit with a "Bard 11:00 SEER air conditioning system with 5KW heater complete with all duct modifications required. "SYLVA MARTIN BUILDING" Install a new Lennox 7.5 ton two speed split system as per our proposal dated 02/04/91. EIGHTEEN THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS $18,523.00 We have taken the liberty of submitting, your application to Sanwa Leasing Corporation for a Municipal Lease and expect ap- proval today. The terms would be 60 months at a rate of 02.41 which is $446.41 per month with 1 advanced payment and a purchase option of $1.00 If you have any questions or require any additional informa- tion regarding the above, please contact the undersigned immedi- ately. Sincerely, SprifM_.Air Conditioning Inc. John E. Land President Fk STAR THE MISSION OF SPRING AIR CONDITIONING'S FIVE STAR SERVICE is to provide highly trained, quality motivated environmental consultar SEIMCE who wiii service all brands of HVAC equipment at reasonable cost to our - customer base, in a manner that bonds the customer to Spring . Conditioning Inc.. for 2 long term association and wins customer favor to recommend Spring Air Conditioning's service to friends and acquaintanc, RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO EXTEND THE EXISTING AIR CONDITIONING CONTRACT WITH SPRING AIR CONDITIONING, INC. FOR A TOTAL COST NOT TO EXCEED $ 18,000.00 FOR LEASE /PURCHASE OF AIR CONDITIONING IN THE SYLVA MARTIN BUILDING, THE AFTER - SCHOOL BUILDING, AND THE SOCIAL SERVICES BUILDING AS DETAILED.IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT AS FOLLOWS $ TO ACCOUNT NO 2100 - 5510 "NON- DEPARTMENTAL EXPENSES GENERAL CONTINGENCY FUNDII AND 0 TO ACCOUNT NO. 09- 1100 -4670 "SYLVA MARTIN FUND - MAINTENANCE AND REPAIR OF STRUCTURE ". WHEREAS, the City of South Miami, Florida has heretofore entered into a contract for air conditioning equipment install - ation with Spring Air Conditioning, Inc.; and WHEREAS, the City now wishes to extend the existing contract to replace and /or repair the air conditioning systems in the Sylva Martin Building, the After - School Building, and the Social Services Building; and WHEREAS, the Administration of the City of South Miami has now obtained the attached proposal from Spring Air Conditioning Inc. for a total cost not to exceed 8 18,000.00 which provides, inter alia, for the utilization of a donated 15 ton dual com- pressor condensing unit for the After - School Building; 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 tie, and hereby is, authorized to execute an air conditioning lease /purchase contact with Spring Air Conditioning Inc. for a total cost not to exceed $ 18,000.00 to replace and /or repair the air conditioning systems in the Sylva Martin Building, the After- School Building, and the Social Services Building as detailed in the attached proposal, Section 2. That the disbursement be charged as follows: $ to Account No. 2100 -5510 "Non - Departmental. Expenses - General Contingency Fund" and S to Account No. 09 -1100- MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Mr. William Hampton City Manager. City Of South Miami 6130 Sunset Drive South Miami, Florida Dear Mr. Hampton: January 16th, 1992 Further to our letter of January 15th, 1992 related to the "After School Facility" and the "Sylvia Martin Building" we pro - pose the following. "AFTER SCHOOL FACILITY" Replace the existing 10 ton system with a new Lennox 10 ton AHU with a 60/40 split coil combined with a 15 ton dual compres- sor condensing unit donated by South Miami hospital. Replace the existing 2.5 ton package unit with a "Bard 11:00 SEER" air conditioning system with 5gW heater complete with all duct modifications required. "SYLVA MARTIN BUILDING" Install a new Lennox 7.5 ton two speed split system as per our proposal dated 02/04/91. EIGHTEEN THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS $18,523.00 We have taken the liberty of submitting. your application to Sanwa Leasing Corporation for a Municipal Lease and expect ap- proval today. The terms would be 60 months at a rate of 02.41 which is $446.41 per month with l advanced payment and -a purchase option of $1.00 If you have any questions or require any additional informa- _._tion regarding._the above, please contact the undersigned inmedi- ately. Sincerely, Spriitl, ,ir Conditioning Inc. John E. Lan President 1�47 Fk Sw THE MI8810N OF SP OM AIRZONDITi NINIMS FIVE STAN SERVICE Wft provW* higMY fthwd.4Wfty motivated4WAWmamueensu1b S6 icn . who will service all brands of HVAC a 0pment at reasonable cost to our'customor bass, in a manner that bonds the• customer to Spring Conditioning Inc.. for a long term association and wins customer favor to rem, mend Spring Air Conditioning's service to friends and acqusintanr ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF PSYCHIC IN SECTION 20 -2.3; PERMITTING PSYCHIC UNDER SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE IN NR, SR, AND GR DISTRICTS; PROVIDING FOR INCLUSION IN THE CITY'S OCCUPATIONAL LICENSE FEE SCHEDULE AT S 100.00; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code orovidinc for a permitted use schedule; and WHEREAS, there presently does not exist d permitted use of Psychic: and WHEREAS, the Mavor and City Commission wish to amend the Land Development Code to provide for Psychic in the permitted use schedule; NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is. amended as follows: PSYCHIC. Shall mean a person who has an extra - natural sense of oerception and Para- normal abilities which cannot be explained in terms of established physical principles and who is able to decipher this sensitivity for practical purposes. Section 2. Section 20 -3.3, (E) be, and hereby is, amended to include the following additional uses: C P ZONING DISTRICTS 0 A R L M N S - - -G I - - -H D K 0 0 0 R R R S G Psvchic P P P - 9 Section 3. Section 24 of Ordinance 20 -83 -1180 be, and hereby is, amended to include the following additional Service: Section 4. 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. Section 5. All Ordinances or parts of Ordinances in 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: MAY ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY S i t D 8A -198 DADE COUNTY CODE 4 SA-200 County for profit shall pay a license tax of five hundred sixty -two dollars and fifty cents 1$562.502 if not a utility franchised by the county for which franchise fee is paid. 121 Municipal corporations which own and operate their own electric power plant or gas plant shall not be subject to the above taxeq. (3) Every person engaged in the business of furnishing electric power, gas or community television antenna service in Dade County for a profit shall pay a license tax of four hundred fifty dollars $450.001 if a utility franchised by the county for which a' franchise fee is paid. (Ord. No. 72-44, § I.8 -15 -72 Ord. No. 80.91, 4 11.9.2.80; Ord. No. 85-7 2, § 1.9.19.85; Ord. No. 86 -5, § 1.24.86)' Cross reference— Community television antenna systems, I SA-125 at seq. Sec. 8A•199. Fortunetellers, clairvoyants, etc.; license tax; exemptions. 1) Every fortuneteller, clairvoyant, palmist, astrologer, phre- nologist, character reader, hypnotist, graphologist, spirit medi- um, absent - treatment healer, or mental healer and every person engaged in any occupation of a similar nature shall pay a license tax of two hundred twenty-five dollars ($225.00). (2) This section does not apply to Christian churches who heal the sick by prayer or regularly ordained ministers of churches who are members of Florida State Spiritualist Ministerial Asw ciation whose charters are filed in the Library of Congress and on record in the state capital in Tallahassee. (Ord. No. 72.44, -§ 1, 8.15.72; Ord. No. 80.91, § 12, 9 =2.80; Ord. No. 85.72, 11, 9.19 -85; Ord. No. 86.5, § 1!.2.4.86) Sec. SA -200. Fortunetellers, clairvoyants, etc., county permit required; penalty. (1) No license to engage in the occupation of fortunetelling or any other pursuit for which a license is required by section 8A•199 of this chapter shall be issued -to any person unles"uch.person holds a permit therefor given by the clerk of the board of county commi»ioaers No permit shall -be issued until after the following conditions are fuliule& Sum Na I" 220.24.32 S 18A -200 BUSINESS REGULATIONS 18A -200 (a) The applicant shall have been a resident of Florida for at least two (2) years and shall be a registered voter in the county where the permit and license are applied for. (b) The applicant shall supply written recommendations from not less than rive (5) reputable citizens of the county which recommend the applicant as being of good moral character. (c) The application, with a recent photograph of the applicant which shall become a permanent part of the permit, shall be presented to the clerk, who shall make investigation and examination of the applicant and his or her moral character, then either issue or deny the permit. In making his determi. nation on the character of the applicant, the clerk shall be governed by the following provisions: W He shall not consider a past arrest of the applicant which did not result in a conviction; provided, however, allegations which are the basis for any pending criminal charges may be considered if the charges are pending when the application is considered. (ii) If the applicant has had his or her civil rights restored, the clerk shall only consider acts or omissions on the part of the applicant subsequent to the restoration of civil rights. (iii) In the case of subsequent applications of the same appii. cant, the clerk shall only consider acts or omissions on the part of the applicant which have occurred subse- quent to the date of the issuance of prior permits to the applicant. (d) Any applicant or other person dissatisfied with the decision of the clerk may, within ten (10) days from the date of act ion by the clerk. apply to the county commission to review the action of the clerk. In such event, witnesses shall he sworn and the rules of evidence applicable to quasi - judicial pro. ceedings shall govern. The determination of the hoard shall be final unless overturned by a court of competent jurisdic- tion. Sapp. No. 161 220.24'.33 x , F { 8A -200 DADE COUNTY CODE i 8A•201 (2) All county law enforcement officers shall aid and assist the clerk of the board of county commissioners in conducting the examination of any applicant for the permit required for this Section. (3) Every licensee comprehended by this section shall at all times while engaging in the occupation for which licensed dis- play at his place_ of business both his license and the permit herein required. Failure or refusal so to do shall be prima facie evidence of engaging in such occupation without a license. (4) Anyone guilty of engaging in any occupation comprehended by section 8A•199 of this chapter, without a license and the permit required by this section or who shall obtain any such permit for license by fraud or deceit shall, for the first offense, be punished by a fine of not more than five hundred dollars ($500:00) or imprisonment for not more than sixty (60) days. For a second or subsequent offense, he shall be imprisoned in the state prison for not less than six (6) months n�-inore than, two (2) years and may, in addition, be fined not to exceed five thousand dollars 1$5,000-00). (5) This section does not apply to Christian churches who heal the sick by prayer or to regularly ordained minsters of churches who are members of Florida State Spiritualist Ministerial Asso- ciation whose charters are filed in the Library of Congress and on record in the state capital in Tallahassee, (6) The permit required by this section and the license author- ized by section 8A -199 of this chapter shall be required whether the person engages in the practice within a municipality or in the unincorporated area. (Ord. -No. 72.44, Q 1.8.15 -72 § 4 , 9.20.77; Ord. No. 79.31 Ord. No. 77.66, 7.7.81) , § 2, 4. 17.79; Ord. No. 81.80, § 1, Cress re(ereaee —O=u ' pacional license tax for foetuneullers,scc., in unimr. posted arw, ! 8A•236 et seq. Sec. 8A•201. Insurance adj ster. All persons acting as insutanca acywters shall pay a tax Of iifieen dollars ($15.00) to the tax collector. (Ord. No.n7se2 § 1, 8=15.72; Ord. Na. 80.91, § 13, 9.2.80; Ord. No. 85 § 1, 9. 19.85; Ord. No 86.5,1 1, 24.86) .72, Supp. -No.. -164 220.24.34 PB -91 -034 Applicant: Mayor & City Commission Request: AN ORDINANCE or THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF PSYCHIC IN SECTION 20 -2.3; PERMITTING PSYCHIC UNDER SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE IN NR, SR, AND GR DISTRICTS PROVIDING FOR INCLUSION IN THE CITY'S OCCUPATIONAL LICENSE FEE SCHEDULE AT- $100.00; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Mr. Eisenhart read the request. Chairman Ligammare deemed public hearing to be in session. Julia Mitchell, a psychic, spoke for the re that she uses flowers in her work- quest. She explained name, such as venus of love and everlasting love. having Thee issonelfor problems. The client purchases the flower they want and receives Psychic reading from the flower. If satisfied the client pays. If not, they do not pay. The proposed location is the second floor of the northeast corner of South Dixie Highway and Sunset Drive. The Chair asked for those wishing to speak against the request. There being none, and staff having nothing to report, public hearing was closed and executive session called to order. The Chair stated a concern that psychics are self- proclaimed and may be duping the public. Mr. Lefley noted that County Ordinance, administered by Clerk of the Court, has explicit requirements for issuing licenses in these instances. Mr. Gutierrez moves for approval with the following modification: "(1) to be removed from NR district, left only in SR 6 GR districts as a Special Use; the special use will be added into the special use conditions- that already exists on our code and it will be that the use would be found compatible and harmonious to :the area where the special use is being requested." Seconded:. by Mr- Parr- Vote: Approved: 6 - Opposed: 1 (Ligammare) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING PLACE OF POLLING, DATE AND TIME OF A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH A REGULAR CITY ELECTION ON FEBRUARY 11, 1992. WHEREAS, the City Charter provides for the regular City election to be held during February of each year; and WHEREAS, the City of South Miami will hold a special election in conjunction with the regular election; and WHEREAS, the Code of Ordinances of the City provides that the City Commission shall designate the polling place, date and time of the City elections. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there will be a special election of the City held in conjunction with the regular election of the City on Tuesday, February 11, 1992 at the Fire Station located at the City Hall Complex located at 6130 Sunset Drive, South Miami, Florida. Section 2. That the polling place for said general and special election of the City will be open from 7:00 a.m. until 7:00 p.m. as prescribed by law. PASSED AND ADOPTED this day of 1992. APPROVED: ATTEST: CITY CLERK READ AND APPROVED: CITY ATTORNEY MAYOR ORDINANCE NO. AN ORDINANCE OF THE 'MAYOR ;AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF` THE -CITY OF SOUTH MIAMI TO INCLUDE A 9UtSECTION (6) PERMITTING ONLY PhRMITTED RETAIL USES ON THE FIRST FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERAHILITY; PROVIDING FOR ORDINANCES IN'CONFLICTI AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about October 26, 1989, the City of south Miami enacted a Land Development Cade as Chapter 20 of its Code of Ordinances in fulfillment of the Comprehensive Plan adopted and approved by the State of Florida; and WHEREAS, thereafter, one section of that Code enacted as Section 20 -3.3 (c) (6) was found by a Court to have been not properly enacted; and WHEREAS, the City of South Miami believed until the entry of that Judgment that the City had properly enacted the aforesaid section of the Land Development Code; and WHEREAS, the City believes the aforesaid section is an Important part of the Land Development Code and its compliance With the Comprehensive Plana NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF'`BOUTH MIAMI, FLORIDA: Section I. That the Section 20 -3.3 of the Land Development Code, Chapter 20 of the Code of Ordinances of the City of South Miami, Florida, -be, and the same is, hereby amended to include the following sub - section (6): (6) Location of Permitted "SR" District Uses. In the "SR" Speciality Retail District, permitted retail-uses shall be located only on first, and second floor bui -lding levels,; permitted 'office uses only on second floor building levels, and Permitted residential uses only on second floor building levels or above. Ancti2n_2. If any section, clause, senttence, or phrase of` this Ordinance is held -to be invalid'-or "unconstitutional' by any RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION 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 AA MINIMUM 25 PERCENT IS PERMITTED, 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 6480 S. W. 62 AVENUE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, B. J. Everett requested the Planning Board of the Citv 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 Avenue; South Miami, Florida 33143, which property is legally described as follows: 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; 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 4 1 vote; Now ,COM"ZM Y VEDk BYw: THE, MAYOR AND THE"..,CITY KTAMT t _ --Section 1. That the request of B. J. Everett pursuant to Sec. 20 -3.5 G of the Land Development Code to allow a zero foot rear setback for adiacent to residential district, in order to bring into compliance a partially completed addition where -a minimum 25 foot rear setback is permitted, said request for the property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, be, and the same hereby is, denied. Section 2. That the request of B. J. Everett pursuant to Sec. 20 -3.5 G of the Land Development Code to allow a floor area ratio of 36 percent, in order to bring into compliance a partially completed addition, where a minimum 25 percent is permitted, said request for the property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, be, and the same hereby is, denied. PASSED AND ADOPTED this th day of December, 1991. APPROVED: READ AND APPROVED AS TO FORM: ,r — — a u ' r �rr.,.r �! • �� 1 - . - -, � ... '� � ; �t i � � �•,` � � � ^I�, • `:,� �! .flail to i in GR IFNI son IN Basal I a a' ■ _ —' " a t ' : ■ L�•�t to • � :.. l � �J � Ii is , ; .' , , i ,,.. I •r.. a ���■ � +� t �, / •J / � i � uAa .a -. ,�� • mil••/ i ..,N� ��.•'t .t •� � •' �,t7. of — - ���� � . ,,� •� :,, !ILA "y ,.•': �,; � •� PI RT- ' NR- Now ■1 �■i I r; f i j FB +ate Z O N I N G P E T T T I 0 N Applicant: JS" Corporation/ B. J. Everett Request #1: variance from Section the Land Development Code 20 -3.er to allow setback (0 a zero (0) foot .rear adjacent to Residential District, in to legalize order the proposed' partially completed addition, where twenty five '(25) feet is permitted in Neighborhood Retail (NR) District. Request 12: variance from Section _ - Develo 20 -3.5G of the Land pment Code to allow a Floor, Area Ratio (FAR) of thirty six, (36) percent, in order to legalize the proposed partially com where live (25) Plated addition; twenty percent is permitted in Neighborhood Retail (NR) District. Legal: Cote 6 and 7. Block 4 of according to he Plat TERRACE hereofL� DinTplat Book 48, at Page 38 of the Public Records of Dade County, Florida. Location: 6480 SW 62nd. Avenue South Miani Florida (A commercial property) Petition: We, the undersigned' property. prcroert %' owners, are within Too We understand and feet of the above approve the above reque St. NAME �� DATE ADDRESS Cz C7 ------ - - - - - • w SUJ �Al 6 U/2,0/9 - - - - ;- 1 _ ��° Y� �'��.� S, • Via, - - - - • f- im ps � �-/a , r G o 7'L • - - j� s47 Pagel _ _ PHo 20 N I N P ET I T 10N APPlicant: JSJM Corporation / 'B. J. Everett Request t1: Variance from Development code Section 20 -3.5G of the setback, adjact to Residential District, in order - zero (0) foot rear to legalize the addition, where tWe trop°eed partially completed in Neighborhood Retail five (25) feet :s permitted Request 12: Variance from (NR) District. Develo Section 20 -3.5G of the Pment Coda to alloy a Floor Area Ratio (FAR) proposed six (36) Percent, in order to legalize the five Partially completed addition, where twenty Retail(25) percent is permitted in 'Neighborhood (NR) District. Legal: 6 Lots and 7. Lots 6 n Block 4 of 000OPLUM TERRACE ADDITION, Book qg g to the Plat thereof, as recorded in pgAt at Page 38 of the Public Records of Jade ' Location: County, Florida, J 6180 3W South Miami d.' bride (A commercial Florida Petition: W Property ) Wet the undersigned pr0Ert,,, Property. we understand and al"ner.i, are within 5700 PProve the above requester of the above r1AME DA ADDRESS: As - or - - - _ �rGlas��t1G _ _ _ 14 r✓. _ - - JSJM- CORPORATION 6480-S.W. 62ND AVENUE, SUITE 210, MIAMI, FL. 33743 October 21, 1991 City of South Miami Building Department 6130 Sunset D M South Miam4 Florida 33143 RC Pzgvat for Vatinooe - 6470 SW 62 Ave Dear Sir /Madam, I would like to request a vatianac to the near se like to construct a an addition within the setback requ immeots at the above loc*"OM a variance to property at aLL confines of the easpn6 wall which s mounds the the o setback requu le from Locale Property. It would not be visible. from off the You ate probably aware that S.W. 62nd Avenue was made and related front entranoes, After the avenue w as r s long ago_ previous to that, the budding is now on the side of the bu' i at was no i=MW Passible to had parking in the front, & This it a mom appropriate mle • Partin front of the building, and therefore four YeaM I have Dot been able to rent Part of the build• P for economic masons and tenant use. Pig building. Hence, I would like tow lion 3°B beause of the However, in mom than be fatty (eased, 'I7re widening eruct the addition which a[l� for a nice sidpe psychological inaal thought of catering from the mar, of the g of the avenue has contributed to this hardship. �7' into the bauldtng This will allow the facility to Mott of the buildings along the south side of the avenue the setbadt6om off the allow the ' it well in uo am way dadfrom utbacla The wall w�bicb anounds this Property also difference Property.. In fact, the street or neighborhood goes to ct. am continuously riYing b . ghborhood - there will be absolutely no visual For those who teaoem�, n� he propG� _ �g now boles mtrcb months: is m the boi{diag _which will improve � P PurdwL I would like to eonUm making fo0oqv°g unpnovemmnts with the am few Wdsapmg improvements • Parking am ®pmvemepts (repaving) in the parking lot • Poofin oapr°"eme°rs plifixting However. iD order to make these imPrm,ements the build' the building to produce mote meOM wherein these. building needs to be leased. I believe that the addition of the covered ors will certainly help the Prov""0 a can W made. Ibis is an patio will allow n�borhood and dry. WOno�ally depressed area of the cry- these I thank your for Your pmove Wmft=m of this requem, Srooeeely, Wit. Pteaideat JBJM CORIFORAMN r V ) > JSJM- CORPORATION 6480-S.W. 62ND AVENUE, SUITE 210, MIAMI, FL. 33743 October 21, 1991 City of South Miami Building Department 6130 Sunset D M South Miam4 Florida 33143 RC Pzgvat for Vatinooe - 6470 SW 62 Ave Dear Sir /Madam, I would like to request a vatianac to the near se like to construct a an addition within the setback requ immeots at the above loc*"OM a variance to property at aLL confines of the easpn6 wall which s mounds the the o setback requu le from Locale Property. It would not be visible. from off the You ate probably aware that S.W. 62nd Avenue was made and related front entranoes, After the avenue w as r s long ago_ previous to that, the budding is now on the side of the bu' i at was no i=MW Passible to had parking in the front, & This it a mom appropriate mle • Partin front of the building, and therefore four YeaM I have Dot been able to rent Part of the build• P for economic masons and tenant use. Pig building. Hence, I would like tow lion 3°B beause of the However, in mom than be fatty (eased, 'I7re widening eruct the addition which a[l� for a nice sidpe psychological inaal thought of catering from the mar, of the g of the avenue has contributed to this hardship. �7' into the bauldtng This will allow the facility to Mott of the buildings along the south side of the avenue the setbadt6om off the allow the ' it well in uo am way dadfrom utbacla The wall w�bicb anounds this Property also difference Property.. In fact, the street or neighborhood goes to ct. am continuously riYing b . ghborhood - there will be absolutely no visual For those who teaoem�, n� he propG� _ �g now boles mtrcb months: is m the boi{diag _which will improve � P PurdwL I would like to eonUm making fo0oqv°g unpnovemmnts with the am few Wdsapmg improvements • Parking am ®pmvemepts (repaving) in the parking lot • Poofin oapr°"eme°rs plifixting However. iD order to make these imPrm,ements the build' the building to produce mote meOM wherein these. building needs to be leased. I believe that the addition of the covered ors will certainly help the Prov""0 a can W made. Ibis is an patio will allow n�borhood and dry. WOno�ally depressed area of the cry- these I thank your for Your pmove Wmft=m of this requem, Srooeeely, Wit. Pteaideat JBJM CORIFORAMN 5vv 4 sT I v r A RE vacA T D � N m � � Z s = 5vv 4 sT I v r A RE vacA T D � N m � � Z m 4z D 4 � LA- 0 i i dlcp '� t r r. 7 i STAFF REPORT November 26, 1991 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 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) AMMXSIS t 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 '(PAR)'' to 'thirty -six (36) percent. A maximum FAR of twenty -five` (25) percent is permitted in the Neighborhood Retail (NR) District; L Staff does not recommend approval. • 1 t fj S - �� 6180 5 w. G2.avr �n•IaTiG yG- . 04 r,. nynl F_ 0110 ff G� -4t— r0 (V Nghv a. ?V � °`fie p o" IPO n�v Y ,6 �' tT i 1 (3) Xrr'ir. _ r tT NA, ff G� -4t— r0 (V Nghv a. ?V � °`fie p o" IPO n�v Y ,6 �' tT (&Z (3) G4.t T .D ._._._ -'NEw _ I i i ,New I *X lo—cp I wD t Nir I � L OX Ib ------------- j i-i 1 1 1 _ _, .•�.�,�.. - CCI,4 CN ' r! -'o►N �s In >a la. I (&Z (3) Xrr'ir. _ r tT NA, Leo. A4- baulta. AL "I 4 p Mor.pal -E r. �,. w�1N ( I� R ''finn i Q 1p""N _ LJ, r 0 m { W I I i i ,New I *X lo—cp I wD t Nir I � L OX Ib ------------- j i-i 1 1 1 _ _, .•�.�,�.. - CCI,4 CN ' r! -'o►N �s In >a la. .p y i y �! r Z I I m t- S ! F� ; •Ili I• I qf '.+al SM l • � �Qc ;� e� =,e � I;i Z i i1+ � 1. � t ,, Z sr �w.�r ate' la• �r ^ SRt t r r-A A-U i °� FT to ,. b • Q P IF41 44 N 8 ! /- ; i� q; oo r 1 0 all m z� :, c � � ,'oe".cnsm...w..m��ea.c v1A� i•w�6:1 e��° Psno .r 30L1rM M�sMI, ra.. GCICPORJ.TON ING. ..��.�� r.w. oo •a���, 41�° l"" ra.A.45 o �eutw r+wo, P•.. &Aw Z I I m t- S ! F� ; •Ili I• I qf '.+al SM l • � �Qc ;� e� =,e � I;i Z i i1+ � 1. � t ,, Z sr �w.�r ate' la• �r ^ SRt t r r-A A-U i °� FT to ,. b • Q P IF41 44 N 8 ! /- ; i� q; oo r 1 0 all m z� :, c � � ,'oe".cnsm...w..m��ea.c v1A� i•w�6:1 e��° Psno .r 30L1rM M�sMI, ra.. GCICPORJ.TON ING. ..��.�� r.w. oo •a���, 41�° l"" ra.A.45 o �eutw r+wo, P•.. &Aw 0 cituutsoumimawni 6130 Sunset Drive. South Miami. Florida 33143 hPPLICATION FOR PUBLIC MRING BEFORE PLANNING BOARD Property owner: JSJM Corp Inc Signature: Address: 6480 SW 62 Ave Phone Number: (305) 661 -7594 Represented By: B.J. Everett or Attorn t�rganization: JSJM Corp Address: 6480 c., 62 Ave Phone: (305) 661 -7594 Architect: Joseph Middlebrooks, AIA Phone: (305) 661 -7594 Engineer: N/A Phone: n/A Owner X 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) 6 & 7 Block 4 Subdivision Cocopl um Terrace AddrpB 48 - 38 Metes and Bounds: fi /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) X Letter of intent SUBMITTED MATERIALS X Hardship statement X Proof of ownership Power of attorney X Current survey X Site plan (7 copies) Y 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 of /D • 25- 71 B.J. Everett, President Date Applicants Signature; and title Upon receipt;'applcatons and all submitted materials will be reviewed-for compliance with- City Codes and-. other- applicable .regulations. Applications found not in compliance will be rejected and returned to the applicant. VCB USE ONLY DATE-PILED ACCEPTED REJECTED 1%9 HEARING PETITION" REQOIRSD OIL -_— Div a °i OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive Regular City Commission Meeting Next Resolution: January 21, 1992 Next Ordinance: 7:30 p.m. Next Commission Meeting: A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: D. Items for Commission Consideration: 1. City Manager's Report 2. City Attorney's Report ORDINANCES - 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 tree's to 8'; providing for liability for replacement and /or repair costs of up to $1,000.00 per tree; providing for severability; providing for ordinances in conflict; and providing an effective date. *public hearing concluded 1/7/92`CCM, {Mayor for Tree Committee) consideration and vote, by "Commission, 3/5 continued to 1/21/92 RESOLUTIONS - PUBLIC HEARI -NG: 4. 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 "C" on Tract of that certain planned unit development known as ORR'S Pond, 6497 SW 72'Street, South Miami, FL 33143. (Administration) 4/5 RESOLUTIONS: 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, denying an appeal from the Environmental Review and Preservation Board by Audley and Carole Butler, with regard to security bars for the property commonly known as 6390 SW 69 Street, South Miami, Florida 33143. (Administration) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, denying an appeal from the Environmental Review and Preservation Board by Roy Pearson of Signs Inc., with regard to a pole sign for the property commonly known as 5865 Commerce Lane, South Miami, Florida '33143. (Administration) 3/5 7. A Resolution of the City of South Miami, Florida, issuing the Mayor's Proclamation declaring a Special City Election to be held in conjunction with the Regular City Election on Tuesday, February 11,- 1992, in the fire Station of South Miami City Hall Complex, 6130 Sunset Drive, South Miami, Florida, for the purpose of a Regular Election to elect a Mayor and City Commissioners from Group I and Group II and a Special Election to submit' a separate ballot question whether or not to reaffirm the City Charter and a separate ballot question to implement alternative Bond Proposition I or alternative Bond Proposition II (if neither of these Propositions is approved, the City intends to the l pa y tota cost of constructing the Public Works facility from the City's Revolving Trust Fund;) designating the place of voting, the time of opening and closing of the polls, naming the Clerk of the Election, Deputy Clerk of the Election; Deputy Sheriff of the Election and Inspectors of the Election and other personnel. (Mayor) 3/5 ,,� �: v OFFICIAL AGENDA January 21, 1992 page 2 RESOLUTIONS: 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to permit the operation of a not - for - profit office for the benefit of persons suffering with Alzheimer''s Disease in the premises commonly known as the Bakery Centre for a period of time not to exceed months. (Comm. Launcelott) 4/5 9A A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to extend the existing air conditioning contract with Spring Air Conditioning, Inc. for a total cost not to exceed $18,000.00 for the purchase of air conditioning in the Sylva Martin Building, the After School Building, and the Social Services Building as detailed in the attached proposal and charging the disbursement to account #2100 -5510 "Non - Departmental Expenses - General Contingency Fund." (Mayor) 4/5 9B A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to extend the existing air conditioning 'contract with Spring Air Conditioning, Inc., for a total cost not to exceed $18,000.00 for lease /purchase of air conditioning in the Sylva Martin Building, the After - School Building, and the Social Services Building as detailed in the attached proposal and charging the disbursement as follows: $ to account #2100 -5510 "Non - Departmental Expenses - General Contingency Fund and $ -" to account #09- 1100 -4670 "Sylva Marti Fund - Maintenance and Repair of Structure." (Mayor) 4/5 ORDINANCES- FIRST READING: 10. An Ordinance of the City of South Miami Florida, amending the Lund Development Code of the City of South Miami, Florida, by providing a definition of Psychic in Section 20 -2.3; permitting Psychic under Section 20 -3`.3 (_E) of the permitted use schedule in NR, SR, and GR Districts; providing for inclusion in in the 'City's Occupational License fee schedule at $100.00; providing . for severability; ordinances in conflict; and an effective date (Commissioner Launcelott) 4/5 11. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, designating place of polling, date and time of a- Special City Election to be held in conjunction with a Regular City Election on February 11, 1992. (Mayor) 3/5 12. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 3.3 (C) of the Land I; Development Code, Chapter 20 of the Code of 'Ordinances of the City of South Miami, to include a subsection (6) permitting only permitted retail uses on the first floor in the "SR" District; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor) 4/5 M OFFICIAL AGENDA January 21, 1992 page 3 REMARKS: None nrrCDOrn. A Resolution of the Mayor and City Commission 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 percent is permitted, 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 6480 SW _62 Avenue, South Miami Florida 33143 and legally described hereinbelow. (originally heard 12/17/91. Deferred until 117192. Deferred at the meeting of 1/7/92 to 1/21/92 so applicant could be contacted).' 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. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL FROM THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY AUDLEY AND CAROLE BUTLER WITH REGARD TO SECURITY BARS FOR THE PROPERTY COMMONLY KNOWN AS 6390 S.W. 69TH STREET, SOUTH MIAMI, FLORIDA 33143' WHEREAS, on December 17, 1991, the Environmental Review and Preservation Board of the City of South Miami voted 5- 0 to deny approval of security bars for the residence of Audley and Carole Butler for the property commonly known as 6390 S.W. 69th Street, South Miami, Florida 33143; and WHEREAS, Audley and Carole Butler appealed that decision to the south Miami City Commission, which Appeal has now been heard; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Appeal by Audley and Carole Butler from a decision by the Environmental Reviev and Preservation Board of the City of Routh Miami on December 17, 1991 to deny approval for security bars for the property commonly known as 6390 S.W. 69th Street, South Miami, Florida 33143 be, and the same is, hereby denied. PASSED, AND ADOPTED this _st day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS 10 FORM r City 0fSMM Miami APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME: — DATE: ADDRESS: to 3 to rl. 33.3 TELEPHONE NUMBER DURING BUSINESS HOURS: &6 5- /c 3 /;2-, I 8r, `ii State reason for which you want to be heard: ' �J W� ac,..� f C-, ec J se« -t-7 hcic �e Address of property: (03 97- Would you like to meet with a Commissioner: Circle the name of the Commissioner: C Neil Carver Vice -Mayor Betty Banks Thomas Todd Cooper Commissioner Commissioner Yes No Jan Launcelott Commissioner 3743 — -_ _ne- I lib���.��, �, ha„(e se« -t-7 hcic Address of property: (03 97- Would you like to meet with a Commissioner: Circle the name of the Commissioner: C Neil Carver Vice -Mayor Betty Banks Thomas Todd Cooper Commissioner Commissioner Yes No Jan Launcelott Commissioner 3743 X l Mr. Hochstim moved to approve the request subject to finishing the wall on the other side to match the stucco on the inside of the property. Seconded by Ms. Wilson, with the hope that the inspector will check the height of the fence. Vote: Approved: 5 C. EB -91 -147 Applicant: Address: Represented By: Mr. LeMieux was present and Board, Mr. Jesmer moved for Vote: Approved: 5 Opposed: 0 Lemax Realty 7311 SW 59 Court J. LeMieux signed in. Following review by the approval. Seconded by Mr. Hochstim. Opposed: 0 D. EB -91 -148 WOOD FENCE Applicant: Walter Woar Address: 5650 Twin Lake Drive Represented By: Falvella Fence Co. There was no representative present. Mr. Hochstim moved for denial because the fence infringes on the environment and does not solve anything that could not be solved with a hedge. Seconded by Mr. Jesmer. Vote: Denial approved: 5 Opposed: 0 B. EB -91 -149 SECURITY IRON BARS Applicant: Audley and Carole Butler Address: 6390 SW 69 Street Represented By: Self There was no representative present. Mr. Jesmer moved for denial. Mr. Greene seconded denial of the application on the basis of aesthetics and design but does not feel that a person should be denied use of bars., per se. Mr. Jesmer suggests that bars should be placed on the inside of the house.- Vote: Denial approved: 5 ERPB Minutes .4<00, Opposed: 0 2 12 -17 -91 _o. t X RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL FROM THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY ROY PEARSON OF SIGNS INC.WITH`REGARD TO A POLE SIGN POR THE PROPERTY COMMONLY KNOWN AS 5.865 COMMERCE LANE, SOUTH MIAMI, FLORIDA 33143 WHEREAS, on March 19, 1991, the Environmental Review and Preservation Board of the City of South Miami voted 5 - 0 to deny approval of a pole sign requested by Roy Pearson of Signs Inc. for the property commonly known, as 5865 Commerce Lane, South Miami, Florida 33143; and WHEREAS, Roy Pearson appealed that decision to the South Miami City Commission, which Appeal has now been heard; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1,.v That the Appeal by Roy Pearson from a decision by the Environmental Review and Preservation Board of the City of South Miami on March 19, 1991 to deny approval for a pole sign for the property commonly known as 5865 Commerce Lane, South Miami, Florida 33143 be, and the same is hereby, denied. PASSED AND ADOPTED this ___ st day of January, 1992. APPROVED: MAYOR ATTEST: City ofSoi m M &am, APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME — DATE: ADDRESS: 5565 S TELEPHONE NUMBER DURING BUSINESS HOURS: State reason for which you want to be heard: ✓ /2�� -�J- Address of property: Would you like to meet with a Commissioner: Circle the name of the Commissioner: Cathy McCann Mayor Betty Banks Commissioner Neil Carver Vice -Mayor Thomas Todd Cooper Commissioner ( /G', 0C /l' r/iZ Yes No Jan Launcelott Commissioner q C. EB -91 -019 Concrete Wall & Gates: RESUBKIISSION Applicant: Manuel A. Del - Valle, Jr. Address: 6401 Miller Road Represented By: Kendall South Fence Co., Inc. Rhona.Isgar, representing Kendall South Fence Co., Inc. signed in. Mr. Hochstim and Ms. Wilson objected to the use of a wooden, unpainted gate with a painted, concrete wall'. There is too much contrast between types. Wrought iron would be preferable. Mr. Jesmer made a motion to approve subject to the use of smooth stucco on the top of the concrete wall and sloping it toward the inside or beveling the concrete Seconded by Mr. Shaw. Vote Approved: 2 Opposed 3 (Hochstim) (Wilson) ( Wolf sohn ) Mr. Jesmer restated the motion with the addition of the deletion of the gate(s) and the sloping of the top of the stucco 'towards the inside of the property. Seconded by Ms. Wolfsohn. Vote: Approved: 3 Opposed: 2 (Hochstim) (Wilson) D. EB -91 -023 Pole Sign Applicant: Stanley Wieder Address: 6114 South Dixie Highway Represented By: Signs, Inc. . There is no representative present. Mr. Hochstim moved to deny as the proposed sign is too busy; the height is unsafe and a liability factor; the interchangeability allows the aesthetics to be too flexible; the location is not specified. Seconded by Mr. Jesmer. Vote: Denial approved: 5 Opposed: 0 E. EB -91 -024 Flat Sign Applicant: Courey Investments Address: 5821 S.W. 70 Street Represented By: Edward Rogers, D,1 Signs by Abracadabra ERPB Minutes 2 =03-05-91 cc E. R S Environmenta eview & es t�On Board ounission Chambers 9 :00 Am 1. Call to order 2. Roll Call 3. Requests for approval A. EB -91 -023 Pole Sign: RESUBMISSION Applicant: Stanley Wieder Address: 6114 S. Dixie Hwy Represented By: Signs Inc. Mr. Roy Pearson of Signs, Inc. sighed in. Motion by Susan Wilson to deny with recommendations: make the sign itself smaller by reducing content. Seconded by Mr. Hochstim. Vote: Denial approved: 4 Opposed: o B. EB -91 -028 Wood Fence Applicant: Barry Zwibelman Address: 6131 S.W. 86 Street Represented By: AAA Fence There was no representative present. Mr. Hochstim made a motion to approve. Seconded by Mr. Jesmer. Vote: Approved: 5 Opposed: 0 C. EB -91 -029 Fence and Accessory Shed Applicant: Teresita Moran Address: 5885 S.W. 80 Street Represented By: Self Ms. Moran signed in. Mr. Hochstim moved to approve subject to the removal of the chain link fence on that portion of the property where the wood fence is proposed and that two gates be allowed, ERPB Minutes 107 1 E:) 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, ISSUING THE MAYOR'S PROCLAMATION DECLARING A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH THE REGULAR CITY ELECTION ON TUESDAY, FEBRUARY 11, 1992, IN THE FIRE STATION Of SOUTH MIAMI CITY HALL COMPLEX, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, FOR THE PURPOSE OF -A REGULAR ELECTION TO ELECT A MAYOR AND CITY COMMISSIONERS FROM GROUP "I AND GROUP II AND A SPECIAL ELECTION TO SUBMIT A SEPARATE BALLOT QUESTION WHETHER OR NOT TO REAFFIRM THE CITY CHARTER AND A SEPARATE BALLOT QUESTION TO IMPLEMENT ALTERNATIVE BOND P'RO`POSITION I OR ALTERNATIVE BOND PROPOSITION II (IF NEITHER OF THESE PROPOSITIONS IS APPROVED, THE CITY INTENDS TO PAY THE TOTAL COST OF CONSTRUCTING THE PUBLIC WORKS FACILITY FROM THE CITY'S REVOLVING TRUST FUND;) DESIGNATING THE PLACE OF VOTING, THE TIME OF OPENING AND CLOSING OF THE POLLS, NAMING THE CLERK OF THE ELECTION, DEPUTY CLERK OF THE ELECTION, DEPUTY SHERIFF OF THE ELECTION AND INSPECTORS OF THE ELECTION AND OTHER PERSONNEL. WHEREAS, the City Charter and the City Code of Ordinances provide the City Commission shall designate the polling place, Clerk of Election. Deputy Clerk of Election, Deputy Sheriff of Election. Inspector of Election and Election personnel, ballot questions to be voted upon and opening and closing times of the polls; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. That there will be a Regular City Election on Tuesday, February 11, 1992 in the Fire Station at City Hall Complex, 6130 Sunset Drive, South Miami, Florida, at which time the Regular Election will be to elect a Mayor to serve a two year term as provided by law and Commissioners from groups I and II to serve a full four -yeas term as provided by law. The candidates are as follows: Mayor: Cathy McCann (i)* (unopposed) Commissioner Group I: Ann B. Bass Christopher Cooke - Yarborough John Lefley Commissioner Group II Thomas Todd Cooper (i)* (-unopposed) Section 2. That the Special Election shall be held to submit separate.ballot questions as follows: r7 i y a. Shall the present Charter of the City of South Miami be reaffirmed? Yes No b. (The City wishes to implement one of the of the following propositions. If neither of these propositions is approved, the City intends to_ pay ` the total cost of constructing the public works facility from the City's Revolving Trust Fund.) ALTERNATIVE BOND PROPOSITION I Shall the'City_of South Miami issue its general obligation Bonds pledging the City's full faith and credit, having a term of more than 12 months and not exceeding 15 years, in a principal amount not to exceed $800,000, at an interest rate not to exceed 8 percent, to pay the cost of constructing a new public works facility required to correct health, safety and Code violations. `at'the present facility ?' For Bonds Against Bonds ALTERNATIVE BOND PROPOSITION II In the alternative, shall the City issue its general obligation Bonds pledging the City's full faith and credit having a term of more than 12 months and not exceeding 15 years in a principal amount not to exceed $400,000 at an interest rate not to exceed 8 percent to pay a portion of the cost of constructing the public works facility, and paying for the balance of the cost from the City's /Revolving Trust Fund? For Bonds Against Bonds Section 3. Personnel for the Election shall be as follows: Clerk, Gloria Stinger; Deputy Clerk, Helen Carter; Deputy- Sheriff, Guy Taylo- r;--- Inspectors: Ritta Hogan,' Florence Stroemer, Juanita Henderson, Anna Schultzel, Alden Thompson, Willie Mae Robinson, Amelia Miller, Betty Filippi, Penelope Dzamba, Arthur Abraham, Jude Bagatti. Section 4. The polling place will be open from 7:00 a.m. until 7:00 p.m. as prescribed by law. PASSED AND ADOPTED this 21 day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 7 1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO PERMIT THE OPERATION OF A NOT -FOR - PROFIT OFFICE FOR THE BENEFIT OF PERSONS SUFFERING WITH ALZHEIMER'S DISEASE IN THE PREMISES COMMONLY KNOWN AS THE BAKERY CENTER FOR A PERIOD OF TIME NOT TO EXCEED MONTHS. WHEREAS, the City Administration has indicated that a not- for - profit organization benefiting persons suffering from Alzheimer's disease has requested permission to operate an office in the premises commonly known as the Bakery Centxe fox a limited period of time; and WHEREAS, the City of South Miami as heretofore permitted such temporary uses of property; NOW, THERRFORE, 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 permit a not - for - profit organization benefitting persons suffering from Alzheimer's disease to operate na office in the premises commonly known as the Bakery Centre for a limited period of time not to exceed months. PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORI21NG THE CITY ADMINISTRATION TO EXTEND THE EXISTING AIR CONDITIONING CONTRACT WITH SPRING AIR CONDITIONING, INC. FOR A TOTAL COST NOT TO EXCEED 8 18,_000.00 FOR THE PURCHASE OF AIR CONDITIONING IN THE SYLVA MARTIN BUILDING, THE AFTER - SCHOOL BUILDING, AND THE SOCIAL SERVICES BUILDING AS DETAILED IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT TO ACCOUNT No. 2100 -5510 "NON- DEPARTMENTAL EXPENSES - GENERAL, CONTINGENCY FUND ". WHEREAS, the City of South Miami, Florida has heretofore entered into a contract for air conditioning equipment install- ation with Spring Air Conditioning, Inc.; and WHEREAS, the City now wishes to extend the existing contract to replace and /or repair the air conditioning systems in the 8ylva Martin Building, the After - School Building, and the Social Services Building; and WHEREAS, the Administration of the City of South Miami has now obtained the attached proposal from Spring Air Conditioning Inc. for a total cost not to exceed $ 18,000.00 which provides, inter alia, for the utilization of a donated 15 tan dual, com- pressor condensing unit for the After - School Building; 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 an air conditioning purchase contact with Spring Air Conditioning Inc. for a total cost not to exceed 8 18,000.00 to replace and /or repair the air conditioning systems in the Sylva Martin Building, the After - School Building, and the Social Services Building as detailed in the attached proposal. Section 2. That the disbursement be charged to Account No. 2100 - 5510 "Non - Departmental Expenses - General Contingency Fund ". 7„ IT" t P PASSED AND ADOPTED this day of January, 1992. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY y x Environmental, Refrigeration St YentlU tl9n Systems 13501 S. W. 1281h Stroot, Suite 209 • Miami, Florida 33185 - Business (305) 252 -2501 Fax (305) 255 -7478 Mr. William Hampton City Manager City of South Miami 6130 Sunset Drive South Miami, Florida Dear Mr. Hampton: January 16th, 1992 Further to our letter of January 15th, 1992 related to the "After School Facility" and the "Sylva Martin Building„ we pro- pose the following. "AFTER SCHOOL FACILITY" Replace the existing 10 ton system with a new Lennox 10 ton AHU with a 60/40 split coil combined with a 15 ton dual, compres- sor condensing unit donated by South Miami hospital. . ,. !.k 1 Replace the existing 2.5 'ton package unit with a "Bard 11:00 SEER" air conditioning system with 5KW heater complete with all .duct modifications required. "SYLVA MARTIN BUILDING" Install a new Lennox 7.5 ton two speed split system as per our proposal dated 02 /44/91. EIGHTEEN THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS $18,523.00 We have taken the liberty of submitting..your application to Sanwa Leasing Corporation for a Municipal Lease and expect ap- proval today. The terms would be 60 months at a rate of 02.41 which is $446.41 per month with 1 advanced payment and a purchase option of $1.00 If you have any questions or require any additional informa- tion regarding the above, please contact the undersigned immedi- ately. Sincerely, Spriftg,,..Air Conditioning Inc 4. ti_`•�� ~fir. John E Land President m ava STAR THE MISSION OF SPRING AIR CONDITIONING'S FIVE STAR SERVICE it to provide highly trained, quali-ty motivated environmental consults+ who will service all brands of HVAC equipment at reasonable cost to our, customer base, in a manner that bonds the customer to Spring Std' Conditioning Inc.. fora long term association and wins customer favor to rem.. mend Spring Air Conditioning's service to friends and acpuaintanc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO EXTEND THE EXISTING AIR CONDITIONING CONTRACT WITH SPRING AIR CONDITIONING, INC. FOR A TOTAL COST NOT TO EXCEED $ 18,000.00 FOR LEASE /PURCHASE OF -AIR CONDITIONING IN THE SYLVA MARTIN BUILDING, THE AFTER - SCHOOL BUILDING, AND THE SOCIAL SERVICES BUILDING AS DETAILED IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT AS FOLLOWS: $ TO ACCOUNT NO. 2100-- 5510 "NON - DEPARTMENTAL EXPENSES GENERAL CONTINGENCY FUND" AND 0 TO ACCOUNT NO. 09 -1100 -4670 "SYLVA MARTIN FUND- MAINTENANCE AND REPAIR OF `STRUCTURE" WHEREAS, the City of South Miami, Florida has heretofore entered into a contract for air conditioning equipment install- ation with Spring Air Conditioning, Inc.; and WHEREAS, the City now wishes to extend the existing contract to replace and /or repair the air conditioning systems in the Sylva Martin Building, the After - School Building, and the Social Services Building; and WHEREAS, the Administration of the City of South Miami has now obtained the attached proposal from Spring Air Conditioning Inc. for a toted cost not to exceed $ 18,000.00 which provides, inter alia, for the utilization of a donated 15 ton dual com- pressor condensing unit for the After - School Building; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISS'I'ON OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the City Administration be, and hereby is, authorized to execute an air conditioning lease /purchase contact with Spring Air Conditioning Inc. for a total cost not to exceed 5 18,000.00 to replace andlor repair the ait conditioning systems in the Sylva Martin Building, the After- School Building, and the Social Services Building as detailed in the attached proposal. Section 2. That the disbursement be charged as follows'. $ to Account No. 2100- 5510 "Non - Departmental Expenses General Contingency Fund" and $ to Account No. 09- 1100 - PASSED AND ADOPTED this day of January, 1992. APPROVED; ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 2 + ' ... ir fEnvirornmental. AMr1l - ration A Wnfttkm Symms 13501 S. W. 128th Street, Suite 209 • Miami, Florida 33186 Susiness (305) 252.2501 Fax (305) 255.7478 Mr. William Hampton City Manager City Of South Miami. 6130 Sunset Drive South Miami, Florida January 16th, 1992 Dear Mr. Hampton: Further to our letter of January 15th, 1992 related to the "After School Facility" and the "Sylva Martin Building" we pro- pose the following. "AFTER SCHOOL FACILITY" Replace the existing 10 ton system with a_ new Lennox 10 ton AHU with a 60/40 split coil combined with a 15 ton dual compres- sor condensing unit donated by South Miami hospital. Replace the existing 2.5 ton package unit with a "Bard i1:00 SEER" air; conditioning system with 5RW heater complete with all duct modifications required. "SYLVA MARTIN BUILDING" Install a new Lennox 7.5 ton two speed split system as per our proposal dated 02/04/91. EIGHTEEN THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS $18,523.00 We have taken the liberty of submitting.. your- application to Sanwa Leasing Corporation for a Municipal Lease and expect ap- proval today. The terms would be 60 months at a rate of 02.41 which is $446.41 per month with I advanced payment and a purchase option of $1.00 If you have any questions or require any additional informa- __ tion regarding __the above, please contact the undersigned immedi- ately. - John E. L President IR A&Z r Conditioning Inc. EVE Sw THE MISSION OF SPRNMAIR CONDITIONING'S FIVEWAR SERVICE Wto pnwido highly haired. 4vdity motiva eonsuha Smvtc- . who will service all brands of HVAC `equipment at ressanabie am to ow'customar base. in a manner that bonds hhR <castomor to Spring Conditioning Inc.. for a Fong term association and wins customer favor to recommend Sprinq Air Conditioning's service to friends and aaWaintan, •� r ._ K && „mow ti ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF PSYCHIC IN SECTION 20 -2.3; PERMITTING PSYCHIC UNDER SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE IN NR, SR, AND GR DISTRICTS; PROVIDING FOR INCLUSION IN THE CITY'S 'OCCUPATIONAL LICENSE FEE SCHEDULE AT S 100.00; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the Citv of South Miami, Florida has heretofore enacted a Land Development Code providing for a permitted use schedule; and WHEREAS, there presently does not exist d permitted use of Psvchic: and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for Psvchic in the permitted use schedule; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended as follows: PSYCHIC. Shall mean a person who has an extra- natural sense of perception and Para- normal abilities which cannot be explained in terms of established physical principles and who is able to decipher this sensitivity for practical purposes. Section 2. Section 20 -3.3 (E) be, and hereby is, amended to include the following additional uses: C P ZONING DISTRICTS 0 A N R R L M N S G I H D K 0 0 0 R R R S G Psvchic P P P - 9 Section 3. Section 24 of Ordinance 20 -83 -1180 be, and hereby is, amended to include the following additional Service: $ 100.00 06 -Vi Section 4. 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. Section 5. All Ordinances or parts of Ordinances in 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. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 4 SA -198 DADE COUNTY CODE I SA -200 County for profit shall pay a license tax of five hundred sixty -two dollars and fifty cents ($562.50) if not :a utility franchised by the county for which franchise fee is paid. (21 Municipal corporations which own and operate their own electric power plant or gas plant shall not be subject to the above taxes. (3) Every person engaged in the business of furnishing electric power, gas or community television antenna service in Dade County for a profit shall pay a license tax of four hundred fifty dollars 1$450.001 if a utility franchised by the county for which a franchise fee is paid. (Ord. No. 72.44,1 1.8.15 -72; Ord. No. 80.91, 11.9 -2.80; Ord. No, 85.72, § 1.9.19.85; Ord. No. 86.5, 11, 24.86) Cross reference— Community television antenna systems, i 8A -125 at seq. Sec. 8A -199. Fortunetellers, clairvoyants, etc„ license tax; exemptions. ( 1) Every fortuneteller, clairvoyant. palmist, astrologer, phre- nologist, character reader, hypnotist, graphologist, spirit medi. um, absent- treatment healer, or mental healer and every person engaged in any occupation of a similar nature shall pay a license tax of two hundred twenty-five dollars ($225.00). (2) This section does' not apply to Christian churches who heal the sick by prayer or regularly ordained ministers, of-churches who are members of Florida State Spiritualist Ministerial Asso- ciation whose charters are filed in the Library of Congress and on record in the state capital in Tallahassee. (Ord. No. 72.44, § 1, 8.15.72; Ord. No, 80.91, 112, 9.2.80; Ord. No. 85 -72. 11, 9.19.85; Ord. No. 86.5. § 1, 24.86) Sec. SA-200. Fortunetellers, clairvoyants, etc., county permit required; penalty. (1) No license to engage in the occupation of fortunetelling or any other pursuit for which a license is required by section BA- 199 of this chapter shall be issued- to any person unleia such person holds a-permit th nfor given by the cierk of the board of county commissioners: No permit ° shad- be issued until after the follai ring conditions are fulfiltsdk Sapp. No. tm 220.24.32 —_ 18A•200 BUSINESS REGULATIONS 18A -200 (a) The applicant shall have been a resident of Florida for at least two (2) years and shall be a registered voter in the county where the permit and license are applied for. (b) The applicant shall supply written recommendations from not less than five (5) reputable citizens of the county which recommend the applicant as being of good moral character. (c) The application, with a recent photograph of the applicant which shall become a permanent part of the permit, shall be presented to the clerk, who shall make investigation and examination of the applicant and his or her moral character, then either issue or deny the permit. In making his determi- nation on the character of the applicant, the clerk shall be governed by the following provisions: (i) He shall not consider a past arrest of the applicant which did not result in a conviction; provided. however, allegations which are the basis for any pending criminal charges may be considered if the charges are pending when the application is considered. (ii) If the applicant has hai his or her civil rights restored, the clerk shall only consider acts or omissions on the part of the applicant subsequent to the restoration of civil rights. (iii) In the case of subsequent applications of the sameappli- cant, the clerk shall only consider acts or omissions on the part of the applicant which have occurred subse- quent to the date of the issuance of prior permits to the applicant. (d) Any applicant or other person dissatisfied with the decision of the clerk may. within ten (10) days from the date of action by the clerk. apply to the county commission to review the action of the clerk. In such event, witnesses shall he sworn and the rules of evidence applicable to quasi- judicial ,pro - ceedings shall govern. The determination of the iward shall be =final unless overturned by a court of competent jurisdic- tion. Sapp. No. 164 220.24.33 n:5 l 8A•200 DADE COUNTY CODE # 8A•201 (2) All county law enforcement officers shall aid and assist the clerk of the board of county commissioners in conducting the examination of any applicant for the permit required for this section. (3) Every licensee comprehended by this section shall at all times while engaging in the occupation for which licensed dis- play at his place of business both his license and the permit herein required. Failure or refusal so to do shall be prima facie evidence of engaging in such occupation without a license. (4) anyone guilty of engaging in any occupation comprehended by section 8A -199 of this chapter, :without a license and the permit required by this section or who shall obtain any such permit for license by fraud or deceit shall, for the first offense, be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than sixty 60) days. For a second or subsequent offense, he shall be imprisoned in the state prison for not less than six (6) months n9 nore than two (2) years and may, in addition, be fined not to exceed rive thousand dollars 1$5,000.00). (5) This section does not apply to Christian churches who heal the sick by prayer or to regularly ordained minters of churches who are members of Florida State Spiritualist Ministerial Asso• ciation whose charters are filed in the Library of Congress and on record in the state capital in Tallahassee. (6) The permit required by this section and the license author- ized by section 8A -199 of this chapter shall be required whether the person engages in the practice within a municipality or in the unincorporated area. IOrd. No. 72.44. 0 1.8.15.72; Ord. No. 77.66, § 4, 9;•20.77; Ord. No. 79.31, § 2, 4.17.79; Ord. No. 81.80, 1 1, 7.7.81) • Cros's reference— Occupational iicenn t" for fortuneteile», etc.. in uniamr• poratad *ress, * 8A -2w et seq. Sea. U -201. I mumiee adjuster. All persons acting as insurance adjusters shall pay a license tax of fifteen dollars (315.00) to the tax collector. (Ord. No. 7244, 4 1, 8. 15.72; Ord. No. 80.91, § 13 9- 2.80; Ord. No. 85.72, $ 1, 9. 19.85; Ord. No. 86.5, 11. 24.86) Supp. , ro. 164 22024.34 'I i II E PB -91 -034 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE `CITY OF SOUTH MIAMI, ,FLORIDA BY PROVIDING A DEFINITION OF PSYCHIC IN SECTION 20 -2.3; PERMITTING PSYCHIC UNDER SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE IN NR, SR, AND GR DISTRICTS; PROVIDING FOR INCLUSION IN THE CITY'S OCCUPATIONAL LICENSE FEE SCHEDULE AT $100.00 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. Mr. Eisenhart read the request. Chairman Ligammare deemed public hearing to be in session. Julia Mitchell, a psychic, spoke for the request. She explained that she uses flowers in her work-,:each flower having a specific name, such as.venus of love and everlasting love. There is one for problems. The client purchases the flower they want and receives a psychic reading from the flower. If satisfied the client pays. If not, they do not pay. The proposed location is the second floor of the northeast corner of South Dixie Highway and Sunset Drive. The Chair asked for those wishing to speak against the request. There being none, and staff having nothing to report, public hearing was closed and executive session called to order. The Chair stated a concern that psychics are self- proclaimed and may be duping the public. Mr. Lefley noted that County' Ordinance, administered by Clerk of the Court, has explicit requirements for issuing licenses in these instances. Mr. ,Gutierrez moves for approval with the following modification: "(1) to be removed from NR district, left only in SR__ 6 GR districts as a Special Use; the special use will be added into the special use conditions. that already exists on our 'code and it will be that the use would be found compatible and harmonious to the area where the special use is being requested." Seconded -1W, Mr Parr. Vote: Approved: 6 'Opposed: I (Ligammare) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING PLACE OF POLLING, DATE AND TIME OF A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH A REGULAR CITY ELECTION ON FEBRUARY 11, 1992. WHEREAS, the City Charter provides for the regular City election to be held during February of each year; and WHEREAS, the City of South Miami will hold a special election in conjunction with the regular election; and WHEREAS, the Code of Ordinances of the City provides that the City Commission shall designate the polling place, date and time of the City elections. NOW, THEREFORE, BE IT ORDAINED BY'THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there will be a special election of the City held in conjunction with the regular election of the City on Tuesday, February 11, 1992 at the Fire, Station located at the City Hall Complex located at 6130 Sunset Drive, South Miami, Florida. -Section 2. That the polling place for said general and special election of the City will be open from 7:00 a.m. until 7:00 p.m. as prescribed by law. PASSED AND ADOPTED this day of 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED: CITY ATTORNEY 0 r; y ORDINANCE N0, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, TO INCLUDE A 9U%8RCTION (6) PERMITTING_ ONLY PERMITTED RETAIL USES ON THE FIRST FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICTI AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about October 26, 1989, the City of South Miami enacted a Land Development Code as Chapter 20 of its Code of Ordinances in fulfillment of the Comprehensive Plan adopted and approved by the state of Florida; and WHEREAS, thereafter, one section of that Code enacted as Section 20 -3.3 (c) (6) was found by a Court to have been not properly enacted; and WHEREAS, the City of South Miami believed until the entry of that Judgment that the City had properly enacted the aforesaid section of the Land Development Code; and WHEREAS, the City believes the aforesaid section is an Important part of the Lund Development Code and its compliance With the Comprehensive Plan] NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF BOUTH"mrAMI, FLORIDA= Section 1. That the Section 20 -3.3 of the Land Development Code, Chapter 20 of the Code of Ordinances of the City of South Miami, Florida, be, and the same is, hereby amended to Include the folloving sub - section (6): (6) Location of Permitted "SR" District Uses. In- the "SRI' Specialty Retai -1 District, permitted' retail- uses shall be located only on first and second 'floor building levels, permitted office uses only on second floor building levels, and Permitted residential uses only on second floor building levels' or above._ ry f court of competent Jurisdiction, them said holding shall in no way affect the validity of the remaining portions of this ordinance Section 3. all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SectIQR L. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this „nth day of January, 1992, APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNRY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION 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 PERCENT IS PERMITTED, 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 6480 S. W. 62 AVENUE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, B. J. Everett requested the Planning Board of the Citv 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 leaalize a partialiv completed addition, where a minimum 25 percent is permitted, both in the- Neiahborhood Retail District for the property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, which property is legally described as follows: 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; 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 4 - l vote; erection 1. That the request of B. J. Everett pursuant to Sec. 20 -3.5 G of the Land Development Code to allow a zero foot rear setback for adiacent to residential district, in order to bring into compliance a partially completed addition where a minimum 25 foot rear setback is permitted, said request for the property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, be, and the same hereby is, denied. Section 2. That the request of B. J. Everett pursuant to Sec. 20 -3.5 G of the Land Development Code to allow a floor area ratio of 36 percent, in order to bring into compliance a partially completed addition, where a minimum 25 percent is permitted, said request for the property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, be, and the same hereby is, denied PASSED AND ADOPTED this th day of Decembers 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: A5 ""mil Ott io Petition: Applicant: Request #1; n' `xT., sot4tA � - /Wl af'f'! l G'39 e1INVC r ORIVt, SOVTM MIAMI, FLORIDA 3310 Z O N I N G P E T I T I O N JSJ14 Corporation/ B. J. Everett Variance from Section 20 -3.Sa of the Lend Development Code to allow a zero (0) foot rear to setback, adjacent to Residential District, in order legalize the proposed partially completed addition, where twenty five (25) feet is permitted in Neighborhood Retail (NR) Dist i Request 12: A. Cu.. variance from - section Development Code to allow G - a Floor Area Ratio (FAR) o! thirty six (36) percent, in proposed order to legalize the partially completed addition, where live (25) twenty percent is permitted in Neighborhood Retail (NR) District. Legal: Lots 6 and 7. Lots6 n Block 4 of'COCOPLUM TERRACE ?ADDITION, g to the Plat Book 48 thereof, as recorded in Plat Count , at Page 38 of the Public Records of y, Florida. Dade Location: 6480 SW 62nd. Avenue South Miami, Florida (A commercial property) We, the undersigned PraperTy Owner.n, property. are within soo feet We understand and approve the above request. Of the above 45rf X4-e2 0.5 GL CSTaw�►� f - Petition: T H E C I T Y O i 4OL4t4 tRYi'tl Slog SUNVC -r oRlve, SOUTH MIAMI, FLORIDA 33141 PB -91 -036 Z O N I N G P E T I T I O N Applicant: J JSJM Corporation/ B. J. Everett Request fit V 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 112: V 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 (NR) District. Legal: L Lots 6 and 7. Block _4 of COCOPLUM TERRACE ADDITION, according to the Plat thereof, as recorded in Ptlpt Book 48, at Page 39 of the Public Records of .fade County, Florida. Location: 6 6480 SW 62nd. Avenue South Miami, Florida (A commercial property) We, the undersigned, p propert,, Owners, are within Soo feet of the above property. W We understand and approve the above request. Of- - • - • - - - - - --- • - - - - - - - .60 lk ly 24 - ------ 10A ---------- _,fir 4los�G����- - - - - - - - - - L - v -1 - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - JSjM 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 RC Ropum for Vadom - 6478 SW 62 Ave Dear Sit /Madam, I would like to request a variance to the tear setback requirements at the above location; a variant to the 15' setback like onnfiaa of the requirement I would Property at all. Ong MW which surrounds the Property. It would not be visible from off the You are probably aware that S.W. 62nd Avenue wraa made wKW am and related frontentranoes, After the avenue was � long ago- Previous � that, the building had parking in the front, is now on the side of the b widened, it was no passible to parkin fronrof the building, and therefore parking building. This is a mote. appropriate relationship four Yeats, I have not been able to rent part of the build' for economic reasons and tenant use. However, is more than building Hence.! would like to construct the addition whim be or of the psychological thought of entering from the rear of the be fully leased. The g of the avenue tits contributed ow for side entry into the building This will allow the facility to Mon of the buildings along the south side of the the setback line,', If you allow this avenue are built with no setbacks, The wail which surrounds this Property, t� to difference from off the 1Op' K n in no way dew (t t street or neighborhood P*OPe**y. In fan, I am eomfauously trying to — there will be absolutely no visual For than who remember, ��� � �� - the buckling now loos much better than it did phor to a moat F. as 'at uo`'be —which will improve the nei Pa*t� I would ike to eontin follaving improvements wide -the aea few LAndscaping improvements Parldng . m the a (*�Pahng) . gig • Painting However. in order to make that imP�menes the building the building to produce more income, whetem that impr maea�ts �t the addition of the covered pats will avow mpraemeats will oerdm(y help t neighborhood and city. �Om*diydepressed area of the city - theses I thank you for Your P=t ve oomWeration of this regneu, Sincerely, >�rat. Z'�nesideffi JSW OWCi'MKIN � -1ws1 \agar \.isrt. a�2s PB -91 -036 Applicant: Request #1: Request #2: STAFF' REPORT November 26, 1991 JSJM Corporation / B. J. Everett 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. 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. f � a '°'° "'s'asoauro.�m.wa.c PROros _ j cur►4i -CIS w mao� Mr��YM< WYAa an. Raruo ao nL 01lIr :ii60 3w G `��� — .V YG. - So0 n . u r� 1�V � �v y� • qty A'��V SCI r:O N NEW A4o S4u1P• --k—' CV N Gw ��NObOMir. rIGo R G�.Rpn h W 4 ;O IN lu Q *XmJ-O' 6UI VD I Ni.. O _ I , F-la 1 � - -- _ .._ �� � ,.. s.�- _. �� �,,� �� -er - - -.'_� - .: �. ��. �x 7 ^ •rw+r 44bw l Z I � [!4 y rip- � i F � F F ? EI pp 0 uw•wMawrwi+rr-} —. •Li •o.,. Z I [!4 y rip- � i F � 1 � • �1 • i IFf lfi EI 0 2 � Z Citu -0f 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) 66I -7594 I Represented By: g.J, Everett or Attorn tOrganizaton: JSJM Corp. Address: 6480 S;: 62 Ave Phone: (305) 661 -7594 � Architect: Joseph Middlebrooks, AIA Phone: (305) 661 -7594 Engineer: N/A Phone: N/A Owner X Option to purchase _ Contract to purchase _. Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION I Lot(s) 6 & 7 Block 4 s and Bounds: N/A Subdivision Cocopl um Terrace AddrpB 48 - 38 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) X Letter of intent X Proof of ownership _L Current survey SUBMITTED" MATERIALS" X Hardship statement Power of attorney y _ Reasons for change Contract to purchase _X, Site plan (7 copies) 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 applicants kn led and of /0- '45" 71 B -J. Everett- P`roci dart A RESOLUTION OF THE MAYOR AND CITY COMMISSION 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 PERCENT IS PERMITTED, 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 6480 S. W. 62 AVENUE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, B. J. Everett requested the Planning Board of the City Of South Miami Dursuant 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 Dartialiv completed addition, where a minimum 25 Percent is permitted, both in the Neiahborhood Retail District for the Property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, which property is legally described as follows: 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; and WHEREAS, the Staff did not recommend approval as this was a variance from the Code; and WHERM, on ftvember' 26, 1991, the Planning Board voted to recommend denial of the request by a 4 - 1 vote; 'r__KXM0LMWyBY'THE MAYOR AND THE CITY SOUTW" 14rAMr FLORIDA: -- --Section 1. That the request of B. J. Everett pursuant to Sec. 20 -3.5 G of the Land Development Code to allow a zero foot near setback for adiacent to residential district, in order to bring into compliance a partially completed addition where a minimum 25 foot rear setback is permitted, said request for the property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, be, and the same hereby is, denied. Section 2. That the request of B. J. Everett pursuant to Sec. 20 -3.5 G of the Land Development Code to allow a floor area ratio of 36 percent, in order to bring into compliance a partially completed addition, where a minimum 25 percent is permitted, said request for the property known as 6480 S. W. 62nd Avenue, South Miami, Florida 33143, be, and the same hereby is, denied. PASSED AND ADOPTED this th day of December, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR + '77.. ' .P { ; 10 9 ! i r ail► 1' NA141#(* Pr� APPLICANT: SSS� Ca�eT:+ OWNER: MAP REF'EREDICE z Compass - commENTc- JET ACjL {-` jZ V' APtANCEZ scale.. (. ,5, . . Date .1I rza- it . . Petition: Location: 6480 SW 62nd. South Miami Avenue Florida (A commercial property) We, the undersigned oer.t; Pro ere Pra, 01vners, are within Soo p y• we understand and a feet of the above pprove the above request. ` DATE ADDRESS _GL f - ?.� b 6 :i-,vo 7-7 - - - _ it- !Q•C?! a _ U • � _ - _" d7 4-/o r _ r- _ - - - m - - - J 4 'Z 001! P �a Hie sUpef" 01"C' 301 MIAM" RLOXIOA 3110 =gL23� Z0N I NG PET IT I0N Applicant: JSJM co rporation/ Request /1: B. J. Everett variance Develo from Section 20 -3.SG of the pment jCode to allow a zero 0 to leq adalize Land acent to Residential District, to leg in order addition the proposed partially completed in Neigh�rhood five (25) feet is Request d2: Retail permitted (NR) District. - - Variance Development from Section 20 -3.5G of the Land to of Coda to allow 'A thirty six (36 Floor Area Ratio (FAR) percent proposed Partially com fn order to legalize the five ) Per pleted addition, where twenty Retail (3R percent is permitted (�) District. in Neighborhood LegQl° Lots 6 and 7. according Block 4 of 9 to COCOPLUM TERRACE th ADDITION, Book qg e Plat thereof, as recorded in Plat Page 38 of Count the Public y$ Y. Florida. Records of Dade Petition: Location: 6480 SW 62nd. South Miami Avenue Florida (A commercial property) We, the undersigned oer.t; Pro ere Pra, 01vners, are within Soo p y• we understand and a feet of the above pprove the above request. ` DATE ADDRESS _GL f - ?.� b 6 :i-,vo 7-7 - - - _ it- !Q•C?! a _ U • � _ - _" d7 4-/o r _ r- _ - - - m - - - J 4 'Z 001! P �a THE C I T Y p F 7 4 out�t m� fl>f0- 8"Ve -r 0I11"' 3OUTy MIAMI' RLOIIIOA 331O �1--au �0N I N� PET?T 10N Applicant: JSJ}( Corporation/ B. J. Everett R�eet 11: variance Development Section setback to allow a 3 • SG °f the Land adjacent zero (0) foot rear to legalize to Residential District, addition, wher the proposed partially con order e teen (25) feet Pleted in Neighborhood y five Request 12: Retail (NR) District. is permitted Variance from Development Code Section 20 -3.5G Of thirty o allow a Floor Area Ratio (F Land proposed y six f36) percent R five Partially com in order to legalize the (2S) Percent Plated addition, where twenty Retail (NR) District. Permitted Legal: in Neighborhood Lots 6 and 7 according Block 4 of COCOPLUM TERRACE Book to , the Plat thereof, as re o dedDinTpgAt County, Florida48' at Pag. e 38 of the Public Records of .8fade Location: 6480 o SW 62nd. Avenue South liiaai, Florida (A comaercial property) Petition: We, the undersigned Pronert ;i Property. We understand_ and approve are within 500 the above request. u feet Of the above NAMfi - DArfi *lop �- % ! _ ADDRESS 2W- 3W50-37 ,.e Pace x� 71 _ a. y J%SJM- CORPORATION 64 62ND 62ND AVENUE. SUITE 210, MIAMI, FL. 33143 October 21, 1991 City of South Miami B°�S 1�eQarrmeat 6191) Sunset Drive South Miami, Florida 33143 Rc Ropma far Vad moe - 6470 SW 62 Ave Dear Sir /Madam, I would litre to request a variance to the tear se like to 000M+ct a an addition within the rback �� � at the above loa PIOperty at alL des of the etas em tt which surrounds don: a vanaaM to the 1S' setback requitement. I Would rrounds the ptopertp, It Would not be visible from off the You are probabj9aware that S.W. and related front ea 62nd Avenue was. Made wider >� vim, is now at the side umnoes. After the avenue b°8 ago. Pteviotrs to that, the building of the budding. T� is a m �n� it was no longer Possible to ilding had parking in the front, four yeas, I have not been able to rent o aPPmpnate relationship for eoonom m front of the building, and therefore parking budding Hence, ! Would like to construct�the of the building _because of the teasers tenant use. However, in more than be fu widening of the avenue has Contributed for a nice side�en a�W mOt'gbt °f cat from the tear of the Uy leased. The addition tributed this try' Into the building. This will allow the facility to the Moa of the buildings along the south side of the setback line, If ytm allow, this rieoan as bolt with differe�e from og OO On• it will in ao "7 detract ao setbacks. The Mal whim �rotmds this property also -- in fan, I am fiom the 11*0 or llaghbor600d -there will be gm ar the ba"" mw joft con For those wbo "to t®p°"e the absot." no vwml imp PC m o to holding � will > t °C aho� Prior 10 its ■font neat months: I intead to main the Porgy " "I WMM WM to eoneieoe:� [°U°"'ing mean with tha ,aa few tA mpmemeoft wpmvmmtg . m me Parking lot (rtpaving� .`° Rottener. m order m matoe �hae the building to ptoducc mote bipjdipg robe ;hoc w6eran these Mg as W Mack. miallP depressed area of patio � � ev the ""I hood and city. l of ym for 1m Pmtm coosideman. at this tegtresr. these ]SAi[ ODD �deat � � Lesalatssrl.tssi.os3 T Staff does not reed aPProval. STAFF REIPOR'I' November 26, 1991 PB -91 -036 Applicant: JS17M Corporation/ B. i. Everett Request Jl: Variance from Section 20 -3.5G of the Land Development Code to allow 'a zero ( setbacks adjacent to a Residential District rear, f 00t order to legalize _ _ the proposed, partially completed addition, where a minimum of twenty is required five (25 in a Neighborhood Retail ) feet (�) District. Request #2: Variance from Section 20 -3.5G of Development Code to allow a Floor Area Ratio (FAR) Of thirty -six (36) percent, in order to legalize the Proposed, partially completed twenty -five (25) addition, where Neighborhood Retail percent is required in a (NRY 'District. Legal: Lots 6 and 7. Block 4 o according to f COCOPLUM TERRACE ADDITION, the Plat thereof, as recorded in Plat Book 48, at Page 38 of the Public Records of Dad County, Florida. e Location: 6480 SW 62nd Avenue South Miami, Florida (A commercial property) The applicant is requesting a, zero (0 foo t rear_ in order to legalize the) completed addition erected artially ected on the subject property. The property is adjacent to a residential district; a minimum_ se trt�t; setback _ of twenty -five (25) feet is required in NR for any yard that is adjacent to a Property zoned for residential uses - comprises Proposed, Partially completed, ad six hundred - addition sevent feet, and does' increase the Floor iArea 6Ratsos(FAR) to thirty -six (36) twenty -five (25) Percent. A maximum FAR of Percent is permitted in Neighborhood Retail the (NR) District. Staff does not reed aPProval. � 1 ! ; iconM on &ODOM", ac YOAlIy� r�p�_. � �'1.IT1 '"11AIry1 r �'- '+rarn.w� au 'mar �,.. �•� �: "c. _C�Q� —'C.�, tiC. e U y - _ v 75" 100 03 I Y I � 'o l 4 Jvpf/D aW'PM LNE D J. N 17 L1F T 3 5 C w 2 D � > 8� 'o l 4 Jvpf/D aW'PM LNE D J. N 17 L1F T 3 5 C w 2 is Sw 62 no CT 38 TI$ PUBLIC; FEMRDS OF 1pl �'. 1� ♦ d 045 C a 4 1 - 1] 5 5 c 3 2 t Ci SW 16321*1 •Sw fSii sand AVE. i m s 9s i PIT Z yy a 100.00 A �Z� 5�11TM bW LiM( Sw Yw ST jj- i iii 'o l 4 Jvpf/D aW'PM LNE D J. N 17 L1F T 3 5 C w 2 r+aa r ioD D U SURVEY. i URS 6 AND, 7. BUKK 6 Tevt4M AS RB.WM IN �RLM 1 I j DACE COUNTY. RORIOi0. 8001( <8, AT' ADDITION' A=FDING 10 THE PLAT s PAGE 'OF is Sw 62 no CT 38 TI$ PUBLIC; FEMRDS OF 1pl 4 SIP rlsr 5 5 c 3 2 t Ci SW 16321*1 •Sw fSii sand AVE. rat, s i Z r+aa r ioD D U SURVEY. i URS 6 AND, 7. BUKK 6 Tevt4M AS RB.WM IN �RLM 1 I j DACE COUNTY. RORIOi0. 8001( <8, AT' ADDITION' A=FDING 10 THE PLAT s PAGE 'OF 38 TI$ PUBLIC; FEMRDS OF " Y y F R • � `(r � Q I v I �`ta @ C-4 1 n t� n. w' w• W + • 0 � 71 i n r D r r n n i 0 c Y R M I A z AI Z•'g z � Ali t c a 4> s I.&* r ► j I Iff ICI 'fit Ifi l 7 (j �at F ao lie R. • a _--_�• ^ , rite Hill •.w. a, ..�.�� „•• m aIwr.�w.r .,. . W. A^O&az, 40 Ar, omnaR: QS.I .,CO� o sT t*"e. RIaTON, ING. run♦ r+wu. w.. aMw i i I {J �� _s'.•41r. r•t•�. t i i n r D r r n n i 0 c Y R M I A z AI Z•'g z � Ali t c a 4> s I.&* r ► j I Iff ICI 'fit Ifi l 7 (j �at F ao lie R. • a _--_�• ^ , rite Hill •.w. a, ..�.�� „•• m aIwr.�w.r .,. . W. A^O&az, 40 Ar, omnaR: QS.I .,CO� o sT t*"e. RIaTON, ING. run♦ r+wu. w.. aMw City o 6130 Sunset Drive, South Miami. Florida 33143 APPLICATION FOR PUBLIC MMR=r, BZn= PLiMING BOARD Property Owner: JSJM Corp Inc Signature: (Address: 6480 SW 62 Ave Phone Number: (3 05) 661 -7594 +Represented By; B.J. Everett or Archit tO or Attorn rganizatson. JSim C r 0. Address: 6480 Z;; 62 Ave Phone: (305) 661 7594 Architect: Joseph Middlebrooks, AIA Phone: Engineers (305) 661 -7594 N/A Phone N /A Owner X _ Option ..to purchase If applicant is not owner, is letter roftauthority fe n � Copy attached. y rom owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION 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, g 7.4% rovided Variance of floor area ratio • p (existing) .25 all owed, .29 provided (ex is ts -ng) Variance of rear setback; 15' -0" required, 01-0" provided (new) X Letter of intent X Proof of ownership X current survey SUBMITTED 14ATERIALS X Hardship statement — Power of attorney Y._ Reasons for change Contract to purchase _.x Site plan (Y copies) Y Required fee(s) The undersigned has rend this information and all submitted materials furnished furni hedo re and cos the to the best of the applicants km led rue and correct /o Z s -' J{ cog and ef. Date B.J. Everett, President PPl cant � s Signature_ and.: title porr races applcations. and,. .. compliance with Ci s>tttad= aaterials. will be..., ravtwfor with-City Codes `ana: found not in Pl ance will be rother- aPPligable;.ragviations llpplications MMENUMAN ]acted and returned to the applicant. 1108 n4m.~rw • �` - a. OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING January 5, 1992 Next Commission Meeting: January 19, 1992 A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: D. Items for Commission Consideration a. Approval of Minutes 12/15/92 b. City Manager's report: "Parks and Recreation" c. City Attorney's report ORDINANCES - 2ND READING & PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida authorizing the sale of a portion of the "Old South Miami Plant Nursery" legally described hereinbelow to Habitat for Humanity Inc., for the sum of $1.00 upon the basis that the said land is not presently serving any public purpose; that quality low cost housing is needed in the City of South Miami, Florida; and that Habitat for Humanity has a proven record of providing quality low cost housing; providing for severability; providing for ,ordinances in conflict; and providing an effective date. (Mayor) 4/5 RESOLUTIONS FOR PUBLIC HEARING: NONE RESOLUTIONS• NONE REMARKS:. NONE DEFERRED /TABLED A Resolution denying an appeal by Secisa International Ltd., from a decision of the ERPB re: Signage at Hotel Vila, 5959 SW 71 Street, Miami, FL 33143 (11/17) (2). PURSUANT TO FLA. STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT: IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSONS MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OF OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW." 4 � ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE SALE OF A PORTION OF THE " OLD SOUTH MIAMI PLANT NURSERY" LEGALLY DESCRIBED HEREINBELOW TO HABITAT FOR HUMANITY INC. FOR THE SUM OF $ 1.00 UPON THE BASIS THAT 'THE SAID LAND IS NOT PRESENTLY SERVING ANY PUBLIC PURPOSE; THAT QUALITY LOW COST HQUSINC IS NEEDED IN THE CITY OF SOUTH MIAMI, FLORIDA; AND THAT HABITAT FOR HUMANITY HAS A PROVEN RECORD OF PROVIDING'QUALITY LOW COST HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida is the owner of the premises commonly known as the Old South Miami Plant Nursery, legally described hereinbelow and hereinafter called the "premises"; and WHEREAS, the City of South Miami has not uti7i7.ec7 the premises for some time, nor does it appear feasible to utilize the premises for any public purpose in the future; and WHEREAS, the Mayor and City Commission find that there is a need for quality low cost housing in the City and that Habitat for Humanity Inc., a non - profit corporation, hd5 a proven record of providing such housing to persons who become homeowners, and therefore maintain the premises and pay ad ,valorem taxes to the City;; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA*. Section 1�. That the City Administration bo, and hereby is, authorized to sell.to Habitat; for Humanity Inc. the Old South Miami Plant Nursery, legally described as follows: South 25.86 feet of Lot 116 and East 11.25 feet of alley lying west and adjacent closed per Ordinance 7 -79 °1029, University Park, Plat Book 18 at page 46 of the public records of Dade County, Florida, lot size approximately 1,483 square feet; and taut•11.7 and East 11.25 feet of alley lying west and adjacent closed per Ordinance 7 -79 -1029, University 2 Park, Plat Book 18 at page 46 of the public records of Dade County, Florida, lot size approximaLvly 11,242 square feet,* for the sum of $ 1.00. Said premises to be sold "as is", with no warranties, and with a deed reverter clause requiring new single family horsing according to City of South Miami code Standards to be build within a period of eight months from the execution of the Deed. Section 2. T any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competenL jurisdiction, then said holding shall in no way AffRct the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Se.ctko.n, ,4... This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED thiS — — day of October, 1992. ATTEST: C'IH'Y- -C,-I4kK----- READ AND APPROVED AS TO FORM: CITY ATTORNEY -- '' -" ,4 APPROVED; MAYOR 0� ' a r• Vii. _r_!' Q �IJC t '•L w a O Ste 7- �W. 61St s 0 _ �. J.'S Ac. 7rJ cf '•K" � n.� 911• W 30' O iz- ._ ° ki d C) nl t' O A 0.3 i. �r P& �\. c �L. '� '.=J q 'r.,.q. F'., r Y �r`' ? �i \./`• '��iM� `Sb�.�.. 1 j ',, J3•. ` i �' J J� CID i� s CSC -' I 3� ITG cf, _ S.W. 59th. AVE. /��1' � � V1 -, �� � - �lj -0' :•a.� to 'A e.� A� — /. L. ��__ .h Qt O q `) Q1 01 (D <%1 ©+q D'q � 01 kA , a .� a a a a W 0 ti r0 'v o o, og o ';, ; o o :� o s� . °off. ti A —SW\ 58th 's - . 'INV) m � � a V1 � V10n VI �►1 �* la! a. ia; A r • Vl 1 58th. ---AVE. ti 4 CITY OF SOUTH MIAMI TREE LIST Parks, Streets and Commercial Medium and Small Non- Native (Exotic) Trees (less than 30' overall) Botanical Name Common Name Max. Size ` r Great Bombax Tree CITY OF SOUTH MIAMI TREE LIST Parks, Streets and Commercial Medium and Small Non- Native (Exotic) Trees (less than 30' overall) Botanical Name Common Name Max. Size Rate Great Bombax Tree Carambola 30' x 20' M 50' Lipstick Tree_ 15' x 10' M x Lady of the night 10' x 5' M 50' Jamaca Jasmine 15' x 10' M Caesalpinia mexicana Dwarf Poinciana 15' x 10' M Caesalpinia pulcherima Dwarf Poinciana 15' x 10' F Cassia- surattensis Scrambled Egg Tree 20' x 15' F Cassia beareana Bear's Cassia 20' x 15' M Clerodendrum minahassae Tube Tree 10' x 5' M Clusia guttifera Small leaf Clusia 25' x 20' M 50' Varies Varies S Lancepod M Cordia boissieri White Texas Olive 25' x 20' M Eriobotrya'japonia Loquat 20' x 15' M Jatropha hastata Red Jatropha 15' x 10' F Lagerstroemia indica # Crape Myrtle 20' x 10' M Moringa oleifera Horseradish Tree 20' x 15' M x Tropical Dogwood 10' x 5' M Murraya paniculata Orange Jasmine 15' x 15' M F Jerusalem Thorn 20' x 15' M Pink Tabebuia Frangipani Tree 25' x 20' M Psidium littorale Catteya Guava 15' x 10' M Sabinea carinalis Carib Wood 15' x 10' M Senna polyphylla- Twin Senna 15' x 10' S Sesbania grandiflora Hummingbird Tree 25' x 20' M Tabebuia caraiba # Yellow Tabebuia 20' x 15' M Large Non- Native (Exotic) Trees (more than 30' overall) * *Bombax ceiba # * *Bombax pentandra # Bulnesia arbora * Cassia fistula (Yellow) Cassia javonica (Pink) * *Ceiba pentandra or sp. # * *Chorisia speciosa # * *Deloni`x regia *# Jacaranda acutifolia *# Lagerstroemia,speciosa # Lonchocarpus violaceous Lysiloma sabicu Manilkara'zapota Pachira aquatica Peltophorum dubium Pimenta dioica * Podocarpus gracilior Pongamia'pinnata *# Tabebuia heterophylla Tabebuia sp. Red Silk Cotton 1001+ F Great Bombax Tree 1001+ F Yellow Vera 50' x 30' M Golden Shower -60' x 30' M Pink Poinsiana 50' x 50' M Pink /Yellow Shower 50' x 50' M Kapok Tree 90' x 50' M Pink Chorisia 60' x 40' M Star Apple 50' x 30' M Yellow Buttercup 40' x 20' M Various species 30'+ F Royal Poinciana 50' x 50' F Jacaranda 50' x 30' M Tree Crape Myrtle 50' x 30' S Lancepod 30' x 20' M Weeping Sabicu 40' x 20' M Sapodilla 80' x 40' M Guiana Chestnut 40' x 30' M Yellow Poinciana 70' x 40' F Allspice 40' x 15' M Weeping Podocarpus 60' x 30' M Pongam 40' x 30' M Shaving Brush Tree 40' x 30' F African Tulip Tree 60' x 20' F Pink Tabebuia 40' x 20' M Various Species 30'+ M CITY OF SOUTH MIAMI TREE LIST page 2 Large Native Trees (more than 30' overall) Ecosystem: Pineland or Hammock Botanical Name Common Name Max. Size Rate Bumelia salicifolia med.* Willow Bustic 40' x 20' M Bursera simaruba * Gunbo Limbo 50' x 40' F Canella winterana med. Wild Cinnamon 40' x 30' S Chrysophylum oliviforme -med.* Satinleaf 40' x 20' M Conocarpus erectus* Green Buttonwood 60' x 40' F Cocoloba 'uvifera * Seagrape 40' x 30 M Cocoloba diversifolia * Pigeon Plum 40 -' x 20' M Corda Sebestena med. * Orange Geiger 40' x 30' S Clusia rosea med. Signature Tree 50' x 50' M Exothea paniculata Inkwood 40'' x 30' M Ficus citrifolia Short Leaf Fig 50' x 40' F Guapira longifolia med. Blolly 40' x 30' M Ilex cassine med. * Dahoon Holly 40' x 20' M Licaria Triandra_ med. Gulf Licar a 40' x 30' M Matichodendron foetidissium Mastic 80' x 60' F Pinus eliottii "Densa" Parks Dade County Pine 80' x 40' M Pisci'dia piscipul'a # Jamaca Dogwood 40' x 30' F Lysiloma latisiliqua *# Wild Tamarind 60' x 40 F Quercus virginiana'* Live Oaks 80' x 80' S Simarouba glauca' * Paradise Tree 60' x 40' F Swietenia mahogoni * Mahogony'Tree 60' x 40' M Ecosystem: Wetland of edge of fresh water body Red Maple 80' x 40' F Ficus citrifolia Short Leaf Fig 50' x 40' F Ficus aurea Strangler Fig 80' x 80' F Fraxinus caroliniana Pop Ash 60' x 40' F Ilex cassine * Dahoon Holly 40' x 20' M Magnolia virginiana Sweet Bay 40' x 20' M Paurotis wightii * Paurotis Palm 40' x 20' M Bald Cypress 90' x 40' M Sabal palmetto_ - *____ Sabal Palm 60' x 12' M Roystonea regia * Royal Palm 90' x 20' M Medium & Small Native Trees (less than 30' overall) Acacia farneseana Sweet Acacia 20' x 20' F Ateramnus luci'dus Crabwood' 20' x 10' M Calyptranthes pallens Spicewood 20' x 10' M Calyptranthes zuzygium Myrtle -of- the -River 20' x 10' M �apparis cynoph allophora Jamaca Caper 20' x 10' M Conocarpus erectus "sericeous' Silver Buttonwood 25' x 20' M Eugenia axillaris White Stopper 20' x 10' M Eugenia confusa Red Stopper 25' x 15' S Eugenia foetida Spanish Stopper 20' x 10' M Juniperus silicicola Southern Red Cedar 25' x 20' M Guaiscum sanctum Lignum Vitae 15' x 10' M Krugiodendron ferreum Black 'Ironwood 25' x 15' M Myrica cerifera Wax Myrtle 20' x 15' M Myrcianthes fragrans Simpson Stopper 20' x 10' M Myrsine floridana Myrsine 20' x 10' M Picramnia pentandra Bitterbush 1'5' x 10' M Pithecellobium guadalupense Blackhead 20' x 15' M Coralia boissieri Texas Wild Olive M Capparis cynophalophora Jamaican Caper M ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORTnA, AMENDINv THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY DELETING THE EXISTING SECTION 20 -5.3 AND ENACTING A NEW SECTION 20 -5.3 THUS PERMTTTI`NG CONCURRENT ZONING CHANGES TO PLANNED UNIT DEVELOPMENTS AND UNDERLYING ZONING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretof9re enacted a Land Development Code, which in subsection 2Q -5.3 (A) pre'vides : and (A ) _Prgper Zoning Required Any required rezoning shall be the first step in the review process. Other reviews shall occur in accordance with the pr9cedures established in this Article; WHEREAS, the Mayor and City Commission wish to amend the Land Development Cade Le provide for inter alia concurrent zoning changes to planned unit development and underlying zoning; NOW, THEREF ®RE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLSRIDA: Section 1. That the existing Section 20 -5.3 be, and hereby is, deleted from the Land Development Code, and a new Section 20 -5.3 be, and hereby is, enacted as fellows: 20 -3.5 SEPARATE AND COMBINED APPLICATIONS A separate application shall be required for each request for a rezoning, a variance or a special use. All other applications required under this Code may be combined with one (1) or more other applications. Section 2. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts Of Ordinances in conflict herewith be, and the same a =e, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. s ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO PROVIDE FOR A NEW SECTION 20 -3.6 (0) "RO RESTRICTIONS "; 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 -3.6 provides for supplemental regulations; and WHEREAS, the Mavor and Citv Commission wish to amend the Land Development Code to provide for additional regulations regarding the Residential Office "RO" zoning districts; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -3.6 of the Land Development Code be, and the same is, hereby amended to add the following sub- section (0): 0. "RO Restrictions ": (1) In addition to all other requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces directly (within 50 feet) a property zoned for single family residential purposes. To accomplish this, the normally required perimeter landscaped buffer shall be increased from five (5) to eight (8) feet in width and trees from Table 20 -3.6 (0) (5) shall be planted according to the spacing listed. These trees shall be a minimum of 10 - 12 feet tall immediately after 'planting." (2) No structure shall be constructed or altered to produce a store front, display window, or any other feature that would detract from residential character except that, in areas where RO zoned property abuts the MetroRail right -of- way, it shall be left to the discretion of the Environmental Review and Preservation Board as to whether strict compliance shall be necessary on that side abutting the'MetroRail right -of- way, providing that all other sides are residential in character. (3) A decorative wall of masonry, reinforced concrete, precast concrete or other like material that will be compatible with the main structure, five (5) feet in height shall be erected along all interior property lines, including the rear property line; provided, however, that in the event that the rear property line abuts a secondary road, said wall shall be set in ten (10) feet from the official right -of -way of the secondary road, and said ten (10) feet shall be landscaped; provided, further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall �.A K along said common interior property line shall not apply. Walls within or extending into the required 25 foot front setback area shall be no more than four (4) feet in height. Further, individual buildings shall not be connected by fences, walls, breezeways or any other structures which make the buildinv appear to have a single facade more than eighty (80) feet in width, provided that buildings may be connected by a breezeway at the first level only of no more than eight (8) feet in width. (4) No accessory buildings, utility transformer units, or storage of supplies, heavy equipment, or large vehicles shall be permitted anywhere on the lot. in addition, air conditioning equipment may not be placed in the reauired front setback area. Section 2. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance. Section 3. All 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 this th day of , 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY loll *or substitute to be approved by the Environmental Review Board. ~' TABLE 20 -3.6 (0)(5) Tree Species* and Required Spacing for Continuous Visual Buffer Required Aralia (Polyscias balforiana) Spacing 31 Beauty Leaf (callophyllum antillianum) 10r Buttonwood (Conocarpus erectus) 5' Carrotwood (Cupaniopsis spp.) 10, Corn Plant ( Deacaena fragrans massangiana) 51 Green Dracaena (Dracaena fragrans) 51 Madagascar Olive (Noronhia emarginata) 10' Pink Trumpet Tree (Tabebuia pallida) 10' Soft -tip Yucca,(Yucca elephantipes) 5' Spicewood (Calyptranthes pallen) 10' Vitex (Vitex gnus castus) 10' Wax Myrtle (Myrica cerifera) 10' Yew (Podocarpus'sPP•) 10' *or substitute to be approved by the Environmental Review Board. CITY OF SOUTH MIAMI TREE LIST Parks, Streets and Commercial Page 3 NOXIOUS TREES Common name Botanical name * ** Bischofia Bischofia javanica Umbrella Tree Brassia antinophylla Brazilian Pepper Schinus trebinthifolius Melaleuca Melaleuca leucadendrum Australian Pine Casuarina equisetifolia