05-19-92i
� r
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
Next Resolution:
REGULAR CITY COMMISSION MEETING Next Ordinance:
May 19, 1992 Next Commission Meeting: 6/2/92
7:30 p.m.
A. Invocation
B. Pledge of Allegiance to.the Flag of-the United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes: May 5, 1992
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance of the City of South Miami, Florida, amending
Subsection 3 of Section_'20 -4.3, Signage, of the Land Development
Code of the City of South Miami, Florida, by permitting extensions,
upon written request of the applicant, for a period of thirty days
each request with a total time period for temporary signs not to
exceed ninety days for any applicant° °a,nd�,/or - event; providing for
severability; providing for conflict and providing an effective
date.
(Moved by Mayor McCann, second by V.M. Cooper from floor 4 /7/92) 4/5
5. 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 "Personal Skills Instruction Studio"
in Section 20 -2.3; deleting the existing uses for "Dance, Art,
Music, or Martial Arts School; permittin "Personal Skills
Instruction Studio" under Section 20 -3.3 ?D) of the permitted
use schedule in L0, MO, NR, SR, GR,'_ and I Districts amending
"Beauty or Barber Shop" under Section- 20 -3.3 (D) of the permitted
use schedule to add GR Districts; amending ".Counselling Services"
under Section 20 -3.3 (D) of the permitted use schedule to add
RO- Distric -ts; providing for severability, ordinances in conflict,
and an effective date.
(Vice Mayor Cooper /Comm. Bass) 4/5
RESOLUTIONS FO'R'PUBLIC HEARING:
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, granting a request by the School Board of
Dade County, Florida, from the Planning Board of the City of
South Miami for three variances from Section 20 -3.5 (C) (3) of the
Land Development Code to allow a Zero (0) feet rear setback for
a proposed addition; to allow a building coverage of thirty eight
percent (38%); to allow an impervious coverage of seventy six
percent (76 %) and one variance from Section 20 -3.5 B (12) of the
Land Development Code to require no additional parking spaces
where twenty six (26) parking spaces are required for a proposed
addition for the property known as 6750 SW 60 Street South Miami,
Florida 33143 (a public facility, specifically South Miami Middle
School) and legally described hereinbelow.
(Planning Board /Adm.) 4/5
OFFICIAL AGENDA
May 19, 1992
page 2
RESOLUTIONS:
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, appointing Karen Dorfman, Victor Dover,
John Lefley, John Ludwig, Linda Tobin, Lidia White and
Andy Hessen as members of the Specialty Retail /Residential
District Review Committee of the City of South Miami, each
to serve in such capacity until October 21, 1992, ` or until
a successor is duly appointed and qualified, whichever occurs
first.
(Mayor) 3/5
8. 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 of the City of South Miami, Florida,
which required certain landscaping conditions for approval of a
screen enclosure requested by Louise Haber for the property
known as 5935 SW 64 Avenue, South Miami, Florida 33143.
(.,Mayor) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of Baseball
uniforms and equipment for a total price not to exceed $2,836.20
by the Recreation Deparment and providing for disbursement from
Recreation Department account number 2000- 5610 "Baseball."
(Administration) 3/5
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, ratifying the attached Collective
Bargaining Agreement between the City of South Miami and the
American Federation of State, County, and Municipal Employees
(AFSCME)'and authorizing the City Manager to execute same.
(Administration) 3/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, in support of the National Safe Boating
Week, beginning June 7th, 1992 and urging other municipalities
and individuals throughout the community, who use our water-
ways to join in learning and practicing Safe Boating and in
having their boats inspected for proper safety equipment.
('Mayor) 3/5
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to execute
a four month extension of the existing lease for storage facility
for the warehousing of vehicles held by the Police Department
pursuant to the Florida Contraband Forfeiture Act; authorizing
an expenditure not to exceed $2,000.00 and charging the disbursement
to account number 08- 1910 - 4400 - "Forfeiture Fund - Rentals and
Leases."
(Administration) 3/5
13. A Resolution of the Mayor and City Commission of the City of
South Miami Florida, appointing Gladys J. Villar, as Deputy
Clerk of the City of South Miami, Florida.
(Mayor) 3/5
ORDINANCES - FIRST READING:
14. An Ordinance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida by
permitting "Laboratory; Medial or Dental under Section 20 -3.3 (D)
of the permitted use schedule in RO Districts; providing for
severability, ordinances in conflict, and an effective date.
(Commissioner Carver) 4/5
OFFICIAL AGENDA
May 19, 1992
page 3
15. An Ordinance of the Mayor and City Commission of the City
of South Miami, Florida, amending Ordinance 5 -91 -1470 by
repealing the $300.00 Fine for those persons who have failed
to ever obtain an Occupational License and providing for
Fine as provided by State Statute providing for severability;
providing for ordinances in conflict; and providing an effective
date
(Commissioner Carver) 3'/5
16. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida; deleting Chapter 16 "Taxicabs" from the
Code of Ordinances; providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Commissioner Carver) 3/5
17. An Ordinance of he City of South Miami, Florida, revoking the
existing Chapter 1 age and Trash" of the Code of Ordinances
orida, and enacting a new Chapter 11
of the City of South Miami
"Sanitation Regulations;' provi-tKag for severability; ordinances
in conflict; and an effective date.
(Administration) 3/5
REMARKS:
Edward L. Magill, Esq., Francis A.C. Sevier, Esq., and
Oswald H. Coury, M.C., owners of the real property located at
7211 SW 62 Avenue, appealing decision of the Planning and
Zoning Department - "screening" air conditioners.
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 theproceedings is made, which record includes the testimony
and evidence upon which the appeal is base -d.
a Y
A.
ORDINANCE NO.
An Ordinance of the City of South Miami, Florida, amending
Subsection 3 of Section 20 -4.3, Si na e, of the Land Development
Code of the City of South Miami, on da, by permitting
extensions, upon written request of the applicant, for a period
of thirty days each request with a total time period for
temporary signs not to exceed ninety days for any applicant
and /or event; providing for severab:ility; providing for conflict
and providing an effective date.
WHEREAS: the City of South Miami, Florida, currently provides that
temporary signs may not be used for a period of time in
excess of thirty days; and
- WHEREAS: there are, from time to time, requests for extensions of
this time period received by the City which the City
Lera�i -sswxr may wish to consider on their own merit to
deem whether or not an extension is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA.
Section 1. That Subsection (3) of Section 20 -4.3, Signage,
of the Land Development Code of the City of South Miami, be and the same
is hereby amended as follows:
(3) Temporary signs shall be removed at the end of
thirty (30) calendar day period by the person,
firm or organization responsible for the original
placement of the sign.
TWA.,, M W
Upon request of the applicant, the City GQa�n C
may consider an extension of no more than thirty
days per written request with the total time period
for the temporary sign not to exceed ninety (90) P
days for y pany applicant and/or ev[gent.q
®°'Ff fie.pC.!0 `eb®es ,,Nlnvs.. ,r.�.ni
Section 2.v If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any tour,
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 are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of it passage.
PASSED AND ADOPTED this th day of 1992
APPROVED:
ATTEST:
Mayor
ti
k
}
Ccuv���vusvtd -� �
SECTION 20-4.3 EXCERPTED SIGNAGE
20 -4.3 SIGN RRGUTATIONS
(C) Temporary Signs
(1) The City may issue temporary permits for signs and
displays for a period not to exceed thirty (30) calendar
days when use of such sign or display is deemed in the
public interest.
(2) A temporary permit may not be issued more than once a
year to the same applicant for the same or substantially
similar sign or display.
(3) Temporary signs shall be removed at the end of the thirty
(30) calendar day period by the person, firm or
organization responsible for the original placement of
the sign.
(4) A temporary permit may be issued for:
(a) signs advertising a special civic or cultural event,
such as a fair, play, concert or meeting sponsored
by a public or civic organization.
(b) special decorative displays used for holidays or
promotion of nonpartisan civic activities.
(c) special business opening sales and displays in
nonresidential districts where such sales are
permitted.
Excerpted Signage Regulations form Section 20 -4.3 (C) LDC
7-7 ,_
f`
t
Planning Board
rd b
Tuesday, April 28, 1992
Commission Chambers
7:30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the
U.S.A.
II Roll Call.
Present
Absent
Larry Ligammare
Manuel Gutierrez, Jr.
Cindy Thorner
Diana Gonzalez
Robert Parr
Paul Eisenhart (7:35)
John Lefley (7:35)
III. Approval of the Minutes of March 31, 1992. Mr. Gutierrez
moved for approval of the Minutes of March 31, 1992 as submitted.
Seconded by Mr. Parr.
Vote: Approved: 5
Opposed: 0
Approval of the Minutes of April 14, 1992. The Minutes of
April 14, 1992 were not available for approval.
IV. Public Hearing:
A. PB -92 -012
Applicant: City Administration
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SUBSECTION 3 OF SECTION 20-
4 .3 SIGNAQE OF THE LAND DEVELOPMENT CODE OF THE
CITY OF SOUTH MIAMI, FLORIDA, BY PERMITTING
EXTENSIONS, UPON WRITTEN REQUEST OF THE
APPLICANT, FORA PERIOD OF THIRTY DAYS EACH
REQUEST WITH A -TOTAL TIME PERIOD FOR TEMPORARY
SIGNS NOT TO EXCEED NINETY DAYS FOR ANY
APPLICANT AND /OR EVENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICT AND
PROVIDING AN EFFECTIVE DATE
Mr. Parr read the request. Mr. Mackey presented the Staff Report.
(See attached.)
Mr. Parr asked Staff and was told that this request is intended to
give more flexibility in granting temporary signs. Temporary sign
PB Minutes
1
04 -28 -92
permits are granted for a 30 day, non - renewable period at present.
In further explanation, Mr. Mackey stated that there have been
several instances when businesses have attempted to renew their
temporary permits only to learn that extensions are not granted.
Ms. Lama explained that this issue has come to the Board because
of a bank in the City which has been taken over by the Resolution
Trust Corporation. Their name change will not occur within thirty
the days and the .City Commission has no mechanism by which an
extension can be granted. Applications are made to and permits
granted by the City Manager. The suggestion is that a permit
should return to the Commission for each thirty day extension and,
,perhaps, require four votes for passage.' There have been instances
where the permitting process required for a permanent sign becomes
complicated by the time required for an applicant to appear before
and receive approval from the Environmental Review and Preservation
Board. Ms. Thorner feels that having to come backk every thirty
days for ninety days only "clogs up" the system and that sixty days
is more reasonable. :,Mr. Eisenhart and Mr. Lef ley both -agree with
Ms. Thorner.
Ms. Thorner recommends that the request be amended to read "...not
to exceed sixty days...". Ms. Gonzales reminds the Board that this
request in hand applies primarily to Bunk United who say that
ninety days is the minimum length of time for which they need the
temporary sign. 4
Mr. Ligammare suggests that the 30/30/30 -day requirement is meant
to keep applicants from automatically receiving sixty or ninety
days and using that entire period with a temporary sign. With
thirty day increments, the City can see that the applicant is
making all efforts to comply as quickly as possible.
The subject of fees for longer periods did not arise with the
Commission so it is assumed that the present $35.00 fee will remain
the same.
Mr. Eisenhart feels that having to pay a fee is a hurdle in!`and of
itself. He asked if this sign regulation applies to political
signs. Lama stated that this does not apply to political .
advertising but to business special events. -South Miami abides by
Dade County sign ordinance as regards political signage.
Also, Mr. Eisenhart said that it is not necessary that E
come before the Commission because, as stated by Ms.
Agendas become overloaded.- Instead, he asks whether
extension can be handled administratively. Businesses
encouraged to come into the City rather than made more c
Mr. Mackey advised that permits are handled administrati,
extenuating circumstances would require that a for an
which then would appear on a city Commission agenda.
or
1
PB Minutes 04 -28 -92
2
)riser,
kot an
ild be
Lcult.
, only
w �
4
Mr. Part stated that he does not foresee a rash of_ these requests
coming to the City and that if this should that occur, it could be
readdressed at that time.
There being no further discussion, the Chair called for a motion.
Mr. Parr made a motion to approve the request made under PB -92-
012 as submitted with the exception of the City Administration etc.
Seconded by 'Mr. Lefley.
Vote: Approved: 5 Opposed: 2
(Thorner)
(Eisenhart)
V. Remarks.
VI. Adjournment.
Secretary
Chairperson
4
PB —y2 --012
Applicant: City Administration
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SUBSECTION 3 OF SECTION 20 -4.3 SIGNAGE OF THE
LAND DEVELOPMENT 'CODE OF THE CITY OF SOUTH MIAMI,
FLORIDA, BY PERMITTING EXTENSIONS, UPON WRITTEN REQUEST
OF THE APPLICANT, FOR A PERIOD OF THIRTY DAYS EACH
REQUEST WITH A TOTAL TIME PERIOD FOR TEMPORARY SIGNS NOT
TO EXCEED NINETY DAYS FOR ANY APPLICANT AND /OR EVENT;
PROVIDING FOR SEVERABILITY PROVIDING FOR CONFLICT AND
PROVIDING AN EFFECTIVE'DATE.
STAFF' REPORT
The Land Development Code currently provides for temporary
sign permits to be issued once a year for a period of time not to
exceed thirty days.
All permanent signage erected in the City of South Miami requires
the approval of the Environmental Review & Preservation Board. The
existing procedure for permanent signage approval is approximately
30 days in duration, if a timely and complete 'application is
submitted. An- E.R.P.B. vote for denial would lengthen this process
by fourteen days per denial.
Please, find the attached excerpt from the Land Development Code
regulations concerning temporary signage and the discussion on the
proposed Ordinance as contained in the excerpted Minutes of the
City Commission Meeting held on April 7, 1992.
Staff Report for PB -92 -012
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
"PERSONAL SKILLS INSTRUCTION STUDIO" IN SECTION 20 -2.3;
DELETING THE EXISTING USES FOR "DANCE, ART, MUSIC, OR
MARTIAL ARTS SCHOOL "; PERMITTING "PERSONAL SKILLS
INSTRUCTION STUDIO" UNDER SECTION 20 -3.3 (D) OF THE
PERMITTED USE SCHEDULE IN LO,_ MO, NR, SR, GR, AND I
DISTRICTS; AMENDING "BEAUTY OR BARBER SHOP" UNDER
SECTION 20-3.3 (D) OF THE PERMITTED USE SCHEDULE TO ADD
GR DISTRICTS; AMENDING "COUNSELING SERVICES" UNDER
SECTION 20 -3.3 (D,) OF THE PERMITTED USE SCHEDULE TO ADD
RO DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providina for a permitted use
schedule: and
WHEREAS, there presently does not exist, a permitted use for
a Personal Skills Instruction Studio, such as for arts and
crafts, dance, exercise, martial arts, and /or music in NR and GR
districts.: and
WHEREAS, the Mayor and City Commission wish to amend the
Land Develooment Code to provide for "Personal Skills Instruction
Studio" in NR and GR districts in the permitted use schedule; as
well as to _provide for Beauty or Barber shops in GR districts and
_. 4 ?i
a
-Section 4. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by anv
court of competent jurisdiction, then said holding shall in no
wav 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 immediatelv at
the time of its passa'ae.
PASSED AND ADOPTED this th day of , 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
S 2
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
Personal Skills
-
Instruction Studio
P
P
P
P
p
P
10
Beautv /Barber Shoo
S
S
P
P
P
p
16
11
Counselino Services
P P
P
t
P
P
10
-Section 4. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by anv
court of competent jurisdiction, then said holding shall in no
wav 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 immediatelv at
the time of its passa'ae.
PASSED AND ADOPTED this th day of , 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
S 2
PB— S) 2 -01 3
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 "PERSONAL
SKILLS_ INSTRUCTION STUDIO" IN SECTION 20 -2.3; DELETING
THE EXISTING USES FOR "DANCE, ART, MUSIC, OR MARTIAL ARTS
SCHOOL "; PERMITTING "PERSONAL SKILLS INSTRUCTION STUDIO"
UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE
IN LO, MO, NR, SR,`GR, AND I DISTRICTS; AMENDING "BEAUTY
OR BARBER SHOP" UNDER SECTION 20-3.3 (D) OF THE PERMITTED
USE SCHEDULE TO ADD GR DISTRICTS; AMENDING "COUNSELING
SERVICES" UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE
SCHEDULE TO ADD RO DISTRICTS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
STAFF REPORT
The City Commission desires to permit the uses included in
this Ordinance in a broader range of zoning districts.
Staff Report for PB -92 -013 Page 1 of 1
l
1
ai10 ORDINANCE NU .
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI BY PROVIDING A DEFINITION OF "PERSONAL
SKILLS INSTRUCTION STUDIO" IN SECTION 20 -2.3; PERMITTING
"PERSONAL SKILLS INSTRUCTION STUDIO" UNDER SECTION 20-
3.3(E ") OF THE PE,R.41TT'ED USE SCHEDULE IN NR AND GR
DISTRICTS; PROVIDING FOR SEVEKABI'LITY; _PROVIDING FOR
ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
Commissioner Bass stated that she is cosponsoring this
ordinance as she feels this use is something that should be
permitted in these zoning dis_cricta.
Discussion was held with regard to the uses currently
permute in the :erraitted lise Schedule.
"loved by Mavor McCann, seconded by Vice - Mavor Cooper,
aance, ar_ and music be removed on page 42 of the Permittec Use
Schedule.
Vice -Mayor Cooper removed his second; Mayor McCann removed
her motion so it is clarified.
'loved by Mayor McCann, seconded by Vice -Mayor CooDer, that
the current wording of "Dance, Art Music or Martial Arts School"
be amended to state "Personal Skills Studio" on Page 42 o= the
Permitted Use Schedule of the Land Development Code.
'lotion vassed 4 /0: Mavor McCann, vea; Vice - Mavor C000er,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
Moved nv 'ice- flavor Cooper, seconded by Mavor McCann, that
Personal Skills Studio he a permitted use in NR and GR zonine
districts.
Excerpted Minutes of the City Commission Meeting 4 /21/92 Page 1 of 2
Motion passed 4 /U: Mayor McCann, yea; Vice- Mayor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
"loved by Vice - Mavor Cooper, seconded by Commissioner Bass,
that parking be changed frog "S" to "10".
Motion passed 4/0: Mayor McCann, yea; Vice -Mayor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
Movea by "favor McCann, seconded by Vice -Mayor Cooper, that
"Beauty and Barber Shop" be added as a permitted use in the GR
aistrict; condition lb; parking 11. ,
Motion passed- 4/0: i•layor McCann, yea; Vice - ?savor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
Moved by Commissioner Carver, seconded by Vice -Mayor
Cooper, that Counseling Services be permitted in the RO zoriinr
distract; parking 9.
Motion passed 4/0: Mavor McCann, Yea; Vice - Mavor Cooper,
yea; Commissioner Carver, Yea; Commissioner Bass, Yea
(Commissioner Banks absent).
Moved by Mayor McCann, seconded by Vice- Mayor Cooper, that
the heading be amended to appropriately reflect the changes that
the Commission has made.
Motion passed 4/0: Mayor McCann, yea; Vice -Mayor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
Moved by Commissioner Carver, seconded by Mayor McCann,
that the "WHEREAS" clauses be amended to reflect changes made by
the Commission.
Motion passed 4/0: Mayor McCann, Yea; Vice - Mavor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THL CITY
OF SOUTH MIAMI BY PROVIDING A DEFINITION OF "PERSONAL
SKILLS INSTRUCTION STUDIO" IN SECTION 20 -2.3; DELETIN'- THE
EXISTING USES FOR "DANCE, ART, MUSIC OR MARTIAL ARTS
SCHOOL "; PERMITTING "PERSONAL SKILLS INSTRUCTION STUDIO"
UNDER SECTION 20- 3.3(D) OF THE PERMITTED USE SCHEDULE .N
LU, MO, NR, SR, GR, AND I DISTRICTS; AMENDING "BEAUTY v
BARBER SHOP" UNDER 5ECTIUIN ?,
20- 3.3(D) OF THE PERMITTED SSE
SCHEDULE TO ADD GR DISTRICTS; AMENDING "COUNSELING
SERVICES" UNDER SECTION 20- 3.3(D) OF THE PERMITTED USE
SCHEDULE TO ADD RU DISTRICTS; PROVIDING FOR SEVERABIL1 z,
ORDINANCES IN CONFLICT AND AN E- FFECTIVE DATE.
Motion on ordinance, as amended, passed 4/0: Mayor McCann,
yea; Vice -Mayor Cooper, ,yea; Commissioner Carver, yea;
Commissioner Bass, yea (Commissioner Banks absent).
Excerpted Minutes of -the City Commission Meeting 4 /21/92 Page 2 of 2-
J
`.V��
M = N U T E S _. At
Planning Board
Tuesday, May 12, 1992
Commission Chambers
7:30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the U.S.A.
II. Roll Call. Present Absent
Larry Ligammare Diana Gonzalez
John Lefley
Robert Parr
Cindy Thorner
Dianne Wright
Paul Eisenhart
Also present: B & Z Director Lama; Planner Mackey; Planner Kobola and Board
Secretary DeLisa.
Chairman Ligammare and the Planning Board members welcomed new member Dianne
G. Wright to the Board.
III. Approval of the Minutes of April 14, 1992.
Ms. Thorner made a motion to approve the Minutes of April 14, 1992 as
submitted. Seconded by Mr. Parr.
Vote: Approved: 5 Opposed: 0 Abstention: 1
(Wright)
Approval of the Minutes of April 28, 1992.
Mr. Eisenhart moved to approve the Minutes of April 28, 1992 with corrections
and additions. Seconded by Mr. Parr.'
Vote:
Approved: 5
IV. Public Hearing:
A. PB--S 2 -013
Opposed: 0 Abstention: 1
(Wright)
1. Planning Board Member to read the following:
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE CITY OF SOUTH MIMI, FLORIDA,
PB Minutes 05 -12 -92
1
Draft Minutes of the Planning Board Meeting 5 /12/92 Page 1 of 2
a
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, FLORIDA BY PROVIDING A DEFINITION OF "PERSONAL
SKILLS INSTRUCTION STUDIO" IN SECTION 20 -2.3; DELETING
THE EXISTING USES FOR "DANCE, ART, MUSIC, OR MARTIAL ARTS
SCHOOL" PERMITTING "PERSONAL SKILLS INSTRUCTION STUDIO"
UNDER; SECTION 20-3.3 (D) OF THE PERMITTED USE SCHEDULE
IN LO, MO, NR, SR, GR, AND I DISTRICTS AMENDING "BEAUTY
OR BARBER SHOP" UNDER SECTION 20-3.3 (D) OF THE PERMITTED
USE SCHEDULE TO ADD GR DISTRICTS; AMENDING "COUNSELING
SERVICES" UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE
SCHEDULE TO ADD RO DISTRICTS; PROVIDING FOR'SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
Ms Wright read the request. Mr. Mackey reports that the purpose of this
request from the Mayor and City Commission is to add these uses to the
specific zoning districts as listed to permit broader uses.
The Chair declared the Public Hearing opened and asked for those present
wishing to speak for the request
Mary Beth Perez from Better Families Through Tae, Kwon Do at 5754 Bird Road
addressed the Board to encourage their recommendation for this ordinance.
David Yoble, whose son _gave a demonstration of Tae Kwon Do, and Jenny
Anderson, an adult student who lives at 3900 SW 59 Avenue also spoke in favor
of this ordinance.
There being no one present to speak against the request, the Public Hearing
was declared closed and Executive Session in order.
The Board questioned Staff as to parking and was advised concerning
requirements and restrictions. Mr. Parr asked if there is any "down side"
to this request. There was no discussion'.
Mr. Parr made a motion to approved as made under PB -92 -013. Seconded by Mr.
Lefley.
Vote:
V. Remarks.
Approved: 6
VI. Adjournment.
Chairperson
PB Minutes
Opposed:
2
Secretary
05 -12 -92
Draft Minutes of the Planning Board Meeting 5/12/92 Page 2 of 2
,�.
RUOLUTION No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA GRIIITIXG A RBGUlST BY THE
SCHOOL BOARD OF DADE COUNTY, FLORIDA FROM THE PLAMNING
BOARD OF WE CITY OF SOUTH MIAMI FOR TKRZZ VARIANCES
FROM BIC . 2 0- 3.5 (C I ( 3 ) . OF THE LAND DLTZLOPMZNT CODE TO
ALLOY A ZZRO to FZET RVAR SVMCK FOR A PROPOSED
ADDITION; TO ALLOW A BUILDING COVZRAGM OF THIRTY EIGHT
DEHCTNT 138~1; TO ALLOW AN'IMMVIOUS COVBBAGE OF
BRVZNTY SIX PZRCZNT (763) AND ONE VARIANCE FROM SEC.
28-3.5 B (121 OF THE LAID DZVZLOPMENT CODE To REQUIRE
NO ADDITIONAL PARKING SPACES WRnZ T1tZNTY SIX (26)
PARKING SPACES DIRT REWIRED FOR A PROPOSEn,ADDITION FOR
THE PROPZRTY KNOWN AS 6750 S.W. 60TH STRTET SOUTH
MIAMI, FLORIDA 33143 (A, PUBLIC rACILITY, SPECIFICALLY
SOUTH MIAMI MIDDLE SCHOOL) AMU LEGALLY DESCRIBED
HERRINAELOW
WHEREAS, The School Board of Dade County, Florida requested
the Planning Board of the City of 'South Miami for three variances
from Sec. 20 -3.5 C (3) of the Land Development Code:
to allow a zero (0) feet rear setback for a proposed addition,
where the existing rear setback to a nonconforming diaension is
z"ro (0) fePt and a minimum twenty five (25) feet rear setback is
required;
2. to allow a building coverage of thirty eight percent (381)
whax'-'the existing building coverage for a nonconforming
dimension is thirty four percent (34 %) and a maximum of thirty
Percent (303) is permitted; and
3. to allov an impervious coverage of seventy six percent (761),
where the existing impezvioua coverage for a nonconforming
dimension, is seventy three percent (731) and a aaximum of forty
percent (40 %) is permitted.
and one variance from Sec. 20-3.5 B (12) of the Land Development
Code:
1. to require no additional parking- spaces -where twenty six (26)
parking spaces are required for a proposed addition.
all said requests fo= the property known as 6730 S.W. 60th
Street, South Miadi, Florida 33143, which property is legally
descl ibed as allovs :
The North 249.85 feet if the NE 1/4 of the SE
1/4 of Section 26, Township 54 South, Ran9e
40 East, Less the North 25 test and the Last
35 test thexact and that portion which lies
within the external area formed be a 25.00
foot radius area concave to the southwest,
tangent to the vest line of the east 35.00
feet of the NE 1/4 of the HE 1/4 of said
and Section 26 in Dade County, Florida;
WHEREAS, Staff recommended against the Requests as they are
variances from the Code provisions; and
WHEREAS, on September 24, 1991, the Planning'Board voted to
approve the requests by a 5 1 vote;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH HIAMI, FLORIDA:
Section 1. That the Request of the School Board of Dade
County, Florida from the Planning Board of City of South Miami,
Florida, for three variances from Sec. 20 -3.5 (C)(3) at the Land
Development Code:
a. to allow a zero (0) feet rear setback for a proposed addition,
where the existing tear setback for a nonconforming dimension is
zero (0) feet and a minimum tventy five (25) feet rear setback is
required;
b. to allow a building coverage of thirty eight percent (38%)
where the existing building coverage for a nonconforming
dimension is thirty four percent (34%) and a maximum of thirty
percent (30%) is permitted; and
c. to allow an impervious coverage of seventy six percent (76t),
whets the existing impervious coverage for a nonconforming
_dimension is seventy three percent (73%) and a maximum at fatty
percent (40 %) is permitted,
all said requests for the property known as 6750 S.W. 60th
Street, South Mimi, Florida 33143, be,- and the saae hereby are,
approved.
Section 2. That the Request of the school Board of Dads
2..
County, Florida from the Planning Hoard at City of South Miami,
Florida, far one variance from Sec. 20 -3.5 (B) (121 to - require no
additional parking spaces where tventy'six (26) parkinq spaces
are zequixed for a proposed addition of the Land Development
Code for the property known as '6750 S.W. 60th Street, South
Miaai, Florida 33143, be and the same hereby is:approVed.
PASSED AND ADOPTED this _th day of October, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS To FORM:
CITY ATTORNEY
DADE COUNTY PUBLIC SCHOOLS
SCHOOL BOARD ADMINISTRATION BUILDING a 1480 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132
OCTAVIO J. VISIEW DADE COUNTII SCHOM BOARD
SUPEFUN ENOENT OF 9CH=8 W& JANET A. WAL LEY. CK&SON
March 31, 1092 US. aFror KaFLAN. VKX-C P)W5U1 ck
DR. FIOU CAFM KNSM
DR. MOO AL XWW
NR. WWW FEN IM
M "Ll." H. TURNER
Mr. William Hampton R.
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Request for Variance at South Miami Middle School
Dear Mr. Hampton:
This is to request a deferral of the school districts application
for a variance at South Miami Middle School until the city
commission meeting of May Zg, 1992. The additional time will allow
us to commence negotiations with you for the purchase of the 1.2
acre portion of the adjacent park site.
Thank you for your cooperation,
Sincerely,
?% ' .
M
Virgi4nia L. Rosen, Assistant Superintendent
Office of Planning and Management Systems
VLR :vf
L -185
MA
Ila
' r•7 "loteo~ a •
'/ il•1H/blr •r ~ 'II 3 I TM�•a
I sfr//ar MYIM Y 1 N '• 1 I •�' J
IJ•i . r 1 . 2.
� m Iwl
RM -2
I r
1 r • •1•••1.1.1 1••••...
f 1 .
•
of O ,
y p.w• , �' �� • t IY • so y i.
Low 1 • , 1
L 41 1 •�',. j� 41
M,Ia► / /f�� 'i i` • 21.. / `� '1 ,•• • / 1 J f I
to
,j • •� \ r • • !•
i 1• trl•• t�.p. IA\ 1 •1 i
loom 1 • s
/, a i 1 1 f • •'`.1 •. . 1• • • 1• ••1' ••
ra 1 • •`1 . e a T • f• 1 •.• 4
1 r
.1 / .•. • J • r f so 1
♦• ..'.... a • 1 ' r • •i r1• j w •111` I • ' •
ruatrl ►U•T r• fa• (� j 1 • �• • ~� r •�• ��•.w
IRA ° •. .•
f•atf a •.r1 •. ,�• i • • •r1,. • • •�.�`� • . •
ago rant r 1 1� • •r l • r • �► r • •
• s• • •
r
• • • • • • r 1 , •
�, �••rw •�.• • ••
usrr / 1 1 fli / • .. • .
• r�asf• t r•att•� � i • 11 a r, �� '•:�
�
TI ►•ar T s _( r•�sr f • : . 1.• • . • t . • • Ill• w
u r••os t rust 1 y a 1 '' , »
I
X11 .•
: � mil. •' t , �• I •.
to
�' • to, 0
to .00
IPLICAW:
'7'
ai. SG�C
CAD1,01 Comp..a
"5+..
lh r
a'wa.s #u
"qftot *at
Owass •a,
LOMr
zoeesaeti
.. r
South :
rn�
N� s,w,�sT owws, four MIAMtt FLoRip,! 3111
Z 0 N T N G P B T Z T I p N
:a. ir.•a ra..a� et ow onwar. PUMA"
geraea•e
weN•i tM tot ! aMS�r a0_l.ifCi(a1 et f�
to � ww wau..,
ss w o
Wad plyv �a �wi�i.�!•" �N �'�
«� kt"';~ -l.ifCIM w ea. =M1ti i aM
Via~ L wws �a�a►
! /aNt eM isa�saaC isa�l„iawO •al«, a
:� w :a~l.i�ettat .a sao,..� w of �t► �"'.".o moat is a
74% 1. -sae • :ate
M�MSy � �lY� sad) � �tl•i, v Z1ii+ns a...r
Palms" ! Ism MltiSS ao_• • 4 f C► f is ► e! •Yom~ es t �w
' a ► Boa i te"•' a! `s�
rMee sr•wsp sa: t K► Pesleta9 s M �►ea
tar rye! 241.46 fees of ~w w s�amm !es a *moire ee
e�1 tiM b
eeNi t» ��wri1e� y�a�s 1�• a: aeeesM *sw ewtue . 4" ei
4f?" ado sees" Yet ai.00 seK is i j aMi Neil 'We4m. a i s,� =h ii *JW e•'are MeeaM ai. 4 tae
r• t„rral s«saasr..�..uaa.aay iwe� •aw auk aw►..a►
tftion: We, the und*rsgned
Property. We enders%& deand ao*�rs• are within See
PProve the above feet ot the above
request.
��_��7LQ�sU DiATE
''"• �i� /fit
lei
AZ- ___
_ _ _
ADDRESS
_ v
� sw
d /
1 Im
o� •
WL
6
x.77 /_tau 4;,z
n 40
r'.
Pawl
STAFF REPORT
Applicant: The School Hoard of Dade County, Florida
Request #1:
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow a zero (0) feet rear
setback for a- proposed addition, where the existing
rear setback for a nonconforming dimension is zero
(0) f set and a minimum twenty f ive (25) f eet rear
setback is required.
Request 12:
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow a building coverage of
thirty eight percent (38 %) where the-; existing
Building: Coverage for a nonconforming dimension is
thirty four percent (344) and a maximum of thirty
percent (30 %) is permitted.
Request 13:
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow an _Impervious Coverage of
seventy' six percent (76 %), where the existing
Impervious Coverage for a nonconforming dimension
is seventy three percent (73 %)_ and -a maximum of
forty percent (40%) is permitted.
Request 14:
Variance from Section 20- 4.4(8)(12) of the Land
Development Code to,require no additional parking
spaces where twenty. six (26) parking spaces are
required for a proposed addition.
LBGaL:
The North 249.85 feet of the NE 1/4 of the SE 1/4
of Section 26, Township 54 South, Range 40 East,
Less the North 25 feet and the East 35 feet thereof
and that portion which lies within the external area
formed be a 25.00 foot radius arc concave to the
Southwest, tangent to the West line of the East
35.00 feet of the NE 1/4` of the NE 1/4 of said
Section 26.
Location:
6750 SW 60th Street
South Miami, Florida
(k public facility, specifically South Miami Middle
School)
ANALYSIS:
The subject property is located in a
Public /Institutional (PI) Zoning District which
r
Pursuant to Section 20- 4.4(C)(3)` of the Land
Development Code should conf arm' to the adjacent most
restrictive use dimensional requirements. which is
Lox Density Residential (RS -3) in this case.
MO lot is about 3.265 Acrd, 1420,214 square feet.
M* Oxisting strncture:is about 48,500 square feet
(120=d floor) and 23#000 square feet ( se=nd
flow).
'helsttinq impervious Ards is about 103,500 square
V%--iy about 43 park) spa=s• ezist an the site.
SO-PZqXWW addition is about 5,080 egmm feet
(WOUDd floos) and -5; 050 sqm= f mt (seoond floor) .
Pour varf mss` ass regntred in orddr to comply with
tim south Mimi Zonim rsgalatfbss,
M 2 N U T E E3
PLANN 2 NG BOARD/
TUESDAY, SEPTEMBER 24, 1991
COMMISSION CHAMBERS
7:30 PM
EB -91 -030
Applicant:
The School Board of Dade County, Florida
Request 11:
Variance from Section 20-3.5(C)(3) of the Land
Development Code to allow a zero (0) feet rear
setback for a proposed addition, where the
existing rear setback for a nonconforming
dimension is zero (0) feet and a minimum twenty
five (25) feet rear setback is required.
Request 12:
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow a building coverage
of thirty eight `percent (38 %) where the
existing Building Coverage for a nonconforming
dimension is thirty four percent (34 %) and a
maximum of thirty percent (30%) is permitted.
Request 13:
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow an Impervious
Coverage of seventy six percent (76 %), where
the existing Impervious Coverage for a
nonconforming dimension is seventy three
percent (73%) and a maximum of forty percent
(40 %) is permitted.
Request 14:
Variance from Section 20- 4.4(B)(12) of the Land
Development Code' to require no additional
parking spaces where twenty six (26) parking
spaces are required for a proposed addition.
LEGAL:
The North 249.85 feet of the NE 1/4 of the SE"
1/4 of Section 26, Township 54 South, Range 40
East, Less the North 25 feet and the East 35
feet thereof and that portion which lies within
the external area formed be a 25.00 foot radius
PB Minutes
09 -24 -91
6
i
q�-o
arc concave to the Southwest, tangent to the
West line of the East 35,00 feet of the NE 1/4
of the NE 1/4 of said Section 26.
Location: 6750 SW 60th Street
South Miami, Florida`
(A public facility, specifically South Miami
Middle School)
Ms. Gonzalez read the request. Mr. Leon Ballentine, Supervisor
of School Board Site Planning and Government Liaison Department
along with the School Board Architect signed in and displayed
drawings and a site plan of the project. Mr. Ballentine explained
the project and the many problems arising from the site itself and
the overcrowding which make this expansion necessary. The intent
is to add three new classrooms,: three resource rooms and a
counselor's room School. This has been designed in a way that will
blend into the neighborhood. It is felt that the granting of these
variances is vital to the continued efficient operation of the
school.
Principal Mr. Reynard answered questions from the Board. He stated,
in answer to Mr. Parr's question, that parking is not a problem.
The Public Hearing was closed and Staff was asked for a
recommendation. Ms. Goudarzi stated that Staff does not recommend
approval of these requests. Ms. Lama stated that Staff's
recommendation is based upon the fact that all of the requests
deviate from the Land Development Code and its requirements.
Mr. Parr asked Mr. Ballentine what are the options should these
requests be denied. Mr. Ballentine stated that they would have to
increase the sizes of the classes in the existing classrooms and
establish attendance boundaries.
Ms. Gonzalez asked for the,proposed',time frame and was told that
development should begin in the summer of 1992 for use in the
summer of 1993.
Mr. Eisenhart made a motion that all four requests be voted for at
once and that all four be approved. Ms. Thorner seconded.
Votes Approved: 5 Opposed 1
(Gutierrez)
There is a music room proposed for ,sometime in the future, when
funding can be obtained.
PB Minutes
09 -24 -91
RESOLUTION NO.
A RESOLUTION OF THE _MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, IN SUPPORT OF THE NATIONAL SAFE BOATING
WEEK, BEGINNING JUNE 7TH, 1992 AND URGING OTHER MUNICIPALITIES
AND INDIVIDUALS THROUGHOUT THE COMMUNITY, WHO USE OUR WATER-
WAYS TO JOIN IN LEARNING AND PRACTICING SAFE BOATING AND IN
HAVING THEIR BOATS INSPECTED FOR PROPER SAFETY EQUIPMENT.
WHEREAS, water - related recreational activities are vital elements
in the lives of the citizens of the City of South Miami, Florida; and
WHEREAS, Flori >da is the fastest growing recreational boating
state in the nation with over 718,000 registered vessels and increasing
at over 10,000 vessels each year; and
WHEREAS, every year lives are lost in boating accidents in spite
of the educational efforts of the Florida Marine Patrol, U.S. Coast
Guard, U.S. Coast Guard Auxiliary, U.S. Power Squadrons, Florida Game
and Fresh Water Fish Commission and other cooperating agencies and
groups.
WHEREAS, the sponsors of these safety programs have addressed
their efforts to the youth and general public of Florida, urging them
to enhance boating pleasure and avoid possible loss of life and
property damage.
NOW,, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission do hereby go on
record in support of the NATIONAL SAFE BOATING WEEK, June 7 13, 1992,
and encourage everyone'',in our City to realize that they can make a
difference every day o,beying,laws, and practicing safe, responsible boating.
PASSED AND ADOPTED this 19 day of May, 1992.
APPROVED:
ATTEST': Mayor
City Clerk
READ AND APPROVED AS TO FORM
City
Attorney
--
RESOLUTION NO.
A RESOLUTION OF 'rHE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPOINTING GLADYS J. VILLAR AS DEPUTY
CLERK OF THE CITY OF SOUTH MIAMI, FLORIDA.
WHEREAS, Chapter 7, subsection A. of the Charter of the City
of South Hiami, Florida, provides that the Commission shall
appoint the specified officers in the City who shall serve at the
pleasure of the Commission; and
WHEREAS, under A. (3) of the Charter, it is specified that
"A City Clerk" and such deputies that may be necessary, be
appointed; and
WHEREAS, the City presently has the position designated as
"Assistant to the Clerk" and would like to appropriately provide
that the title be changed to "Deputy Clerk" and the person
filling that position be 'appointed by the Commission as provided
by the City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the position of "Assistant to the City
Clerk" be and is hereby retitled to "Deputy Clerk" and the person
filling that position be designated as such as provided in the
City Charter.
Section 2. That Gladys J. Villar be, and is, hereby
appointed to serve as Deputy Clerk of the City of South Miami.
PASSED AND ADOPTED this day of , 1992.
APPROVED:
ATTEST:
MAYO R
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING-THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PERMITTING "LABORATORY: MEDIAL
OR DENTAL" UNDER SECTION 20 -3.3 (D) OF THE PERMITTED
USE SCHEDULE IN RO DISTRICTS; PROVIDING FOR SEVER-
ABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use for
a "Laboratory: Medical or Dental" in RO Districts; and
WHEREAS, the Mayor and City Commission believe this use is
compatible With the purposes of the RO Districts and therefore
wish to amend the Land Development Code to provide for "Labor-
atory: Medical or Dental" in R0 Districts 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. Section 20 -3.3 (D) be, and hereby is, amended
to read as follows:
ZONING DISTRICTS C P
0 A
L M N -S c - - -I H D K
0 0 0 R R R S G
Laboratory:
Medical & Dental P P P P P P
9
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 are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage,
—� — —�
PASSED AND ADOPTED this nth day of
1992.
APPROVED
MAYOR
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
+ ' ORDININCE NO.
AN ORDINANCE_ OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 5 -91-
1470 BY REPEALING THE 8'300.00 FINE FOR THOSE PERSON
WHO HAVE FAILED TO EVER OBTAIN AN OCCUPATIONAL LICENSE AND PROVIDING FOR FINE AS PROVIDED BY STATE STATUTE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance first enacted in 1948, the City of
South Miami, Florida required occupational licenses; and
WHEREAS, thereafter in Ordinance 5--91 -1470, passed March 5,
1991, the City of South Miami imposed a $ 300.00 fine for those
persons who have failed to ever obtain an occupational license
(as compared to persons whose license has not been timely
renewed);
WHEREAS, still more recently, the City amended the
Ordinances to provide a grace period of seven calendar days from
the date of notification of the failure to obtain such
occupational license within which the person who has failed to
obtain such license may obtain it without fine; and
WHEREAS, there still remains an inequity in that immediately
after that period, the fine of $300.00 is far greater than that
charged to persons who once obtained a license, but have not
renewed for months or years, pay a far lower fine.
NOW, THEREFORE, HE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sub - Section 25 a) of Ordinance 5 -91 -1470 be, and
hereby is, amended to read as follows:
Any person engaging in or managing any business,
occupation or profession without ever having first
obtained a local occupational license; if required
hereunder, shall be subject to a penalty of twenty-five
DercentA25%,) of the license determined to be due, in
addition to any other penalty Uxovided by law or
ordinance ,
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
Section 4. This Ordinance shall take effect immediately at
the time of its passage, effective retroactively to March 51
1991.
PASSED AND ADOPTED this nth day of , 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM':
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA; DELETING CHAPTER
16 "TAXICABS" FROM THE CODE OF ORDINANCES; PROVID-
ING FOR'SEVERABILITY; PROVIDING FOR ORDINANCES IN
COMPLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance first enacted in 1964, the City of
South Miami, Florida enacted an Ordinance regulating Taxicabs,
which Ordinance was thereafter amended and is presently codified
as Chapter 16 of the Code of Ordinances;
WHEREAS, thereafter effective 1981 Metropolitan Dade County
pursuant to the powers granted it under the Home Rule Charter,
enacted an Ordinance codified as Section 31 -93 (9) which
provided:
The provisions of this azticle shall be the
exclusive regulations applicable to the
provision of and operation of for -hire motor
vehicle transportation services in Dade _Coun-
ty. Notwithstanding the ,provisions of any
municipal ordinance, resolution or agreement
to the contrary, from and after the effective
date of this article no municipality shall
authorize, establish, change, alter, amend,
or otherwise regulate for -hire transportation
in Dade County. Regulations established by
this article shall be uniform throughout Dade
County both in the incorporated and unincorp-
orated areas without regard to municipal
boundaries. All municipal ordinances or res-
olutions to the contrary are hereby super -
seded and rescinded'.
thus making Chapter 16 obsolete;
WHEREAS, the Mayor and Commission therefore wish to amend
the Code of Ordinances by deleting the existing Chapter 16';
NOW, THEREFORE, BE IT ORDAINED By THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 16 "Taxicabs" of the Code of Ordinances
of the City of South Miami, Florida be, and hereby is deleted, in
its entirety, except for the title "Chapter 1611, which is
reserved for future subject matter.
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 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
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
REVOKING THE EXISTING CHAPTER 11 GARBAGE AND TRASH"
OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
FLORIDA, AND ENACTING A NEW CHAPTER 11 "SANITATION
REGULATIONS;" PROVIDING FOR SEVERABILITY; ORDINANCES
IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS? the City of -South Miami. Florida has heretofore
enacted a Code of Ordinances, which in Chapter 11 thereof provides
nor the reauiation of 3arbaae and trash: and
WHEREAS. since the last codification in 1970, substantial
chancres �n -State i.aw and tunic _ i practice have effected the
regulation Of aarbaae and trash: and
WHEREAS. the Mavor and City Commission therefore wish to amend
=he City's Code of Ordinances to provide for these changes in law and
practice:
NOW, THEREFORE, BE 1,T ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The existing Chapter 11 "Garbage and Trash" of the
Code of Ordinances of the Citv of South Miami. Florida be, and the
same hereby is, deleted in its entirety and the attached Chapter 11
"Sanitation Reaulations" be, and hereby is, enacted.
Section 2. If anv section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent iurisdiction, 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 are, hereby repealed.
F\ �
t
?ASSF.D AND ADOPTED `his th day of X992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
?EAD AND '.PPROVED AS TO FORM:
CITY ATTORNEY
CHAPTER 11
SANITATION REGULATIONS
SECTION 11 -1: DEFINITIONS
The following words and phrases when used in this Chapter shall
have the meaning ascribed to them in this section.
a) CITY MANAGER - shall mean the chief executive officer and
head of the administrative branch of the City or his duly
authorized agent or representative.
b) GARBAGE - is animal and vegetable waste resulting from
handling, preparing, cooking and serving foods. It
originates primarily in kitchens, stores, markets,
restaurants, and hotels. Composed largely of putrescible
organic matter and its natural moisture content. When
carelessly stored, garbage often becomes a source of food for
rats and other vermin and a breeding place for flies.
c) GARBAGE CAN - is a container made of galvanized metal,
durable plastic or other similar material capable of
containing garbage, with a capacity of not less than twenty
(20) gallons and not more than thirty -two (32) gallons and
having the following characteristics: (1) At least two
handles upon the sides or a bail by which it may be lifted.
(2) Sufficient strength for workmen to empty conveniently.
(3) A tight- fitting metal or plastic top with handle, and
constructed to permit the free discharge of its contents.
d) GARBAGE BAG - is a polyethylene or other heavy -duty plastic
bag, which meets the National Sanitation Foundation standard
for thickness, 1.5 mills, has a capacity not to exceed
thirty -two gallons, and has a securing mechanism.
/7
e) CONTAINERIZED WASTE - shall mean material such as paper
boxes, excelsior, rags, wooden boxes or containers, non
recyclable bottles, non recyclable cans, sweepings and all
other accumulations other than garbage, which are usual to
housekeeping and to the operation of stores, offices and
other business places. Containerized waste may be mixed for
collection with household garbage. Residential household
garbage and waste will be collected twice a week by garbage
crews.
f) YARD TRASH - shall mean leaves, grass cuttings, tree
branches, twigs - and tree cuttings. Hedges and tree
trimmings, old flowers and weeds, shrubbery and vines. Yard
trash shall be collected weekly by crane crews. Bundled yard
trash is clean yard trash which is gathered etc., etc.
g) RECYCLABLE MATERIAL shall mean any material which is
capable of being recycled and which, if not recycled, would
be processed and disposed of as solid waste. The term
"recyclable material" shall include green glass, brown glass
and clear glass; aluminum and plastic containers, mixed
paper, newspaper, phone books. Recyclable materials will be
collected at curb -side on scheduled collection days.
h) RECYCLING CONTAINER - is a plastic receptacle furnished by
the City only for the purpose of recyclable material as
described in Section g.
i) LITTER - shall mean any form of solid waste that is tossed
out or thrown around indiscriminately on the public right -of-
way or private property.
j) BULKY WASTE WHITE GOODS - shall mean discarded furniture,
appliances such as, stoves, water heaters, dryers, bathtubs,
/7 2
sinks and any other like items, refrigerators, washing
machines, sofas, chairs, mattresses, large tree cutting and
other large items that may require special handling at the
home owners cost.
k) HAZARDOUS WASTE REQUIRING SPECIAL HANDLING shall mean solid
waste materials which, because of its quantity,
concentration, or physical, chemical or infectious
characteristics, explosive, radioactive, or toxic nature,
requiring specialized handling for safe disposal by licensed
private haulers.
1) SOLID WASTE - shall mean garbage, trash, or other
discarded material, including solid, liquid, semi- solid, or
contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural or governmental
operations.
SECTION 11 -2: COLLECTION IN THE CITY
All garbage, trash and waste accumulated within the City limits
shall be collected, conveyed, and disposed of by and through the
Department of Public Works of the City or a private licensed
waste collection firm.
SECTION 11 -3. PERMIT REQUIRED FOR COLLECTION AND DISPOSAL;
REGULATION OF LICENSEES.
a)
1'1
No person, firm or corporation shall, for a fee, collect,
transport or dispose of garbage or waste including hazardous
waste _within the City limits without a written permit. The
permit shall be issued by the City Manager only after
determination that the licensee is capable of complying with
the requirements of this chapter and with all other governing
laws and ordinances, and is subject to suspension or
revocation in the event such regulations and laws are
notcomplied with. The City shall receive a permit fee of
3
three thousand dollars ($3,00(
on or before October 1 of
expiring September 30 of each
or voluntarily surrendered by
by this section shall be in
license which may be required
).00) for any permit. Payable
each year, with said permit
year unless sooner terminated
licensee. The permit required
addition to any occupational
by law. Renewals shall be at
the fee in existence at the time of renewal.
b) Applications for a permit shall be made to the Department of
Public Works upon such form and in such manner as shall be
prescribed by the Director, said form to elicit the following
information and to be accompanied by supporting documents and
such other information as may be required by the Department
from time to time.
c) Name of applicant. In addition to the name of the applicant,
if the applicant is a partnership or corporation, the name(s)
and business address(es) of the principal officers and
stockholders and other persons having any financial or
controlling interest in the partnership or corporation.
Provided, however, that if the corporation is a publicly
owned corporation having more than twenty -five (25)
shareholders, then only the names and business addresses of
the local managing officers shall be required.
d) Character of applicant. The applicant for a permit under
this section, if an individual, or in the case of a firm,
corporation, partnership, association or organization, any
person having any controlling or managerial interest therein,
shall be of good moral character. Criminal histories and
finger prints shall be required with all applications.
a
suspended and the reasons therefore.
f) Existence of business entity. If applicant is a corporation,
applicant shall submit- proof of incorporation in good
standing in the state of incorporation and, if a foreign
corporation, applicant shall provide information certifying
that applicant is qualified to do business in the State of
Florida. If applicant is other than a corporation and is
operating under a fictitious name, applicant shall be
required to submit information that such fictitious name is
registered and held by applicant.
g) Equipment and method of operation. The applicant for a
permit shall possess equipment capable of providing safe and
efficient services. In making such a determination and
approving the method of operation for each applicant, the
department shall require the following information:
1) The type, number and complete description of all
equipment to be used by the applicant for providing
service pursuant to this chapter.
2) A statement that applicant
disposal sites for disposing
trash, industrial waste, and sc
applicant collects and removes.
with all applicable State
recycling of waste and garbage.
will use only approved
of all garbage, garden
,lid waste material which
Applicant shall comply
requirements regarding
3) The names of customers, the addresses of each location
served, and schedule of rates of the company.
h) Insurance requirements. The applicant for a permit shall
maintain insurance as specified herein and shall furnish a
public liability policy to the department and also file with
the department a certificate of insurance for all policies
5
i
written in the applicant-s name.
in his own name a policy covering
not less than three hundred tho
per occurrence for bodily injury
($50,000.00) per occurrence for
regarding comprehensive general
The applicant shall carry
his operations in an amount
usand dollars ($300,000.00)
and fifty thousand dollars
property damage liability
liability. The applicant
shall carry in his own name a policy covering his operations
in an amount not less than one hundred thousand dollars
($100,000.00) per person, three hundred thousand dollars
($300,000.00) per occurrence, for bodily injury and fifty
thousand dollars ($50,000.00) per occurrence for property
damage liability regarding automobile liability insurance.
i) The completed application shall be submitted to the
department. Upon receipt of a completed application, the
Director or a designated representative shall review said
application and, if satisfactory in all respects, and after
payment of required fees, the City Manager shall issue the
permit.
j) Should the City Manager deny an application for a permit, he
shall notify the applicant of such denial by certified mail
not later than fourteen (14) days after taking such action.
k) Should the City Manager issue a permit, the permit for the
collection of solid waste issued under the provisions of this
chapter may not be assigned or transferred. In the event of
any change in ownership and/or name of the corporation or
partnership, formal notification shall be given the City
within thirty (30) days thereof.
SECTION 11-4. PREPARATION OF WASTE TO BE COLLECTED
a) All garbage shall be drained and wrapped before depositing
in the collection container.
I� s
-71
b) No bundled yard trash may exceed lengths of four (4) feet
nor weigh more than fifty (50) pounds. All yard trash shall
be placed at the curb -side on the right -of -way adjacent to
the owner's property for special collection once a week. Yard
trash exceeding the maximum allowable volume of (1/2,) one
half truck (2.5 tons) load may be picked up at extra cost to
the owner as set forth in this; Chapter. Each resident may
call for special collection for bulky waste as described in
11 -1(j) of this Chapter, and pay a disposal fee of $30.00 for
each item collected. The property owner will be responsible
for payment of fee, when items are collected from the right-
of-way adjacent to their property.
c) Commingling of yard trash with garbage is prohibited
effective January 1, 1992, and shall constitute a violation
of this Chapter. Yard trash shall be kept separate from
other forms of solid waste when placed at curb -side for
collection.
d) Recyclable material shall be put inside the containers
provided by the City at curb -side on scheduled collection
days. The containers and their contents shall be the
property of the City and shall be replaced only upon payment
of the fee established by the City for replacement.
SECTION 11 -5. GARBAGE AND WASTE CONTAINERS
a) Number and size. Each residence may provide up to two
containers, which shall not exceed 32 gallons and not less
than 20 gallons. No yard trash shall be deposited in garbage
containers for collection.
�1
T
b) Approval of containers. All containers used within the City
shall meet all requirements of this Chapter, and are subject
to inspection by the Public Works Department. The owners of
containers which are determined to be unsafe or unsanitary,
will be notified to dispose of or make them sanitary.
Failure to comply will result in such containers being
removed by the Public Works Department.
SECTION 11 -6. DUTY TO DISPOSE OF SOLID WASTE AND PREVENT
ACCUMULATIONS
a) It shall be unlawful for the owner, manager, occupant, lessee
of, or other person responsible for any lot, parcel or tract
of land in any part of the City to deposit, store, keep, or
maintain, or permit to be deposited stored, kept or
maintained solid waste which is not containerized, except for
the purpose of composting yard trash. Any composting project
shall not cause any obnoxious odors or become a nuisance to
the surrounding area. Such material shall not be kept on any
adjoining public rights -of -way or easements.
b) Service points. Garbage containers and other containerized
waste must be placed at curb -side for collection. Containers
shall be placed at curb -side the day of collection before
7:00 a.m. and removed within twenty -four (24) hours after the
scheduled collection day.
C) Citizen Information. From time to time the City will place
informational material on a door hanger regarding service,
such door hangers shall not be construed as hand bills as
stated in Ordinance No. 579, 13, 19- 17 -67.
d) Commercial containers (dumpsters - included.) Commercial
containers shall be placed at a location designated by the
Public Works Department for collection. The owner, tenant or
manager, shall not permit the accumulation of waste around
I q the area.
8
e) Commercial collection. Commercial collection by the City,
shall be scheduled by the City's Public Works Department and
based on the needs of the establishment requiring the
service.
SECTION 11 -7. COMNERCIAL COLLECTION FEE
a) The fees for collection of waste f
ments including apartments, hotels
garbage containers as described in
set forth herein for the number of
of collection.
SCHEDULE
rom commercial establish—
and motels from approved
this chapter shall be as
containers and frequency
1) 30 gallon container:
Class No. Collections per week Monthly fee
6 2 $14.18
7 5 $36.50
2) Additional for each container above minimum:
Class No. Monthly fee
6 $22.58
7 $22.58
b) The fees for collection of waste from commercial
establishments including apartments, hotels and motels from
approved City — owned and privately —owned and maintained bin—
type containers shall be as set forth herein for the capacity
and frequency of collection.
1) One cubic -yard dumpster:
Class No. Collection per week Monthly fee
9 2 $105.30
10 3 155.72
11 5 180.94
2) Two cubic -yard dumpster:
13 2 $146.26
14 3 215.59
15 5 259.72
9
.
--77
.: ; ,. �.., m ....
c) Special waste handling fee.
items is $30.00 each:
Box Springs mattress
refrigerator washer
water heater furniture
Disposal cost for the following
television dishwasher
dryer stove
Large tree cutting: One half (1/2) truck load, 16 cubic yards
$112.50; one full load, 32 cubic yards $225.00.
SECTION 11 -8. ENFORCEMENT; INSPECTIONS BY CITY
a) The City Manager shall have the authority to enter, at all
reasonable times, upon private property for the purpose of
inspecting and investigating conditions relating to the
enforcement of the provisions of this Chapter.
b) It shall be a violation of this Chapter for any person, firm
or corporation not authorized by the City Manager to collect
or dispose of any newspaper or other recyclable items or
containers which has been specifically placed for collection
in the recycling program. It is not the intent of this
section to prohibit any nonprofit organization from
soliciting newspapers, cans, or bottles for the purpose of
resource recovery and recycling.
SECTION 11 -9. BILLING; PAYMENT; DUE DATES
a) Billing for service. In all cases the bill for service under
this Chapter shall be the joint and several liability of and
charged to and paid by the owner, tenant, users and /or
occupant of the property for which the service is rendered.
All owners, tenants, users and /or occupants shall give the
City notice thirty (30) days prior to moving, and shall have
the responsibility of terminating any account with the City.
b) Payment of fees. The fees prescribed in Section 11 -7 are due
and payable on the first day of each month. Such fee shall
10
T,
x
become delinquent if not fully paid on or before due date ten
(10) days from.the first day of each month.
c) Fractional billing. When services commence during a calendar
month, no charge will be made for periods of ten (10) days or
less in any one month, but eleven (11) days or more shall be
interpreted to mean one month and shall be so charged.
d) Exemption from fees. There shall be no exemptions for the
payment of fees, except that establishments employing and
using the services of a private waste collector holding a
valid permit shall not be liable for the payment of waste
fees as would otherwise be required hereunder so long as such
employment and use continues. No vacancy allowances will be
permitted.
SECTION 11 -10. FEES SHALL CONSTITUTE LIENS
a) For service of waste collection and disposal by the City or
the availability of such service, all improved property shall
be liable for the payment of the waste collection fees. All
fees becoming due and payable shall constitute and are hereby
imposed as special assessment liens against the real property
aforesaid and, until fully paid and discharged or barred by
law, shall remain liens of equal rank and dignity with the
lien of the City ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and claims
in, to or against the real property involved. All delinquent
fees shall bear a penalty of one and one -half per cent per
month from the due date until fully paid. Unpaid and
delinquent fees, together with all penalties imposed thereon,
shall remain and constitute special assessments against the
real property involved. Such special assessment liens may be
enforced as provided for enforcement of City ad valorem
taxes, or in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions of Chapter
11
173, Florida Statutes, or the enforcement of payment thereof
may be accomplished by any other method authorized by law.
b) The City Manager is authorized and directed to execute and
deliver upon request written certificates certifying the
amount of waste fee due upon any parcel of real property
subject to the payment of such fees, or certifying that no
waste fees are due, which certificates shall be binding upon
the City. The City Manager shall make rules and regulations
prescribing uniform procedures governing the administration
of the provision of this Chapter and providing procedures for
the payment of waste liens in periodic installments and the
cancellation of waste liens, which rates and regulations when
approved by resolution of the City Commission and filed in
accordance with the requirements of this Code shall have the
force and effect of law.
12
r -
�.
�T.�� � � m � � y�
��
MARTIN DAVID BERG. R A.
ATTOANIKY AT LAW
1.• w96T RUaLtw sTRKZT
SUITi10a. YISCAYN[ BLDG,
MIAMI. PLON10A 33120
1!0613!11631
March 5, 1992
Messrs Edward L, Magill,
Francis A. C. Sevier and Oswald H. Coury
Magill and Lewis P. A.
7211 S. W. 62nd Avenue
Suite 200
South Miami, Florida 33143
Re Magill, Sevier and
Coury
- air conditioning screening
7211 S. W. 62nd Avenue
Gentlemen
This is to acknowledge receipt of your letter of February 28, 1992.
In your letter, you state your "air conditioning contractor,
Classic Air, without (ylour knowledge,, authority, agreement or
Permission submitted three proposals to the City of South Miami
regarding the screening of these units." However, Whatever
difficulty arose between you and your contractor is not the
responsibility of the City of South Miami.
The contractor was aware of the ERP9.Meeting of January 21, 1992
and acted an your apparent representative at that meeting.
Further, I do not understand why you believe air conditioning
machinery on a roof, which machinery is not screened, is not
"exposed machinery ". I agree with the reasoning of the Building
and Zoning Department.
Thus, your next step would be to go before the City Commission to
appeal the administrative decision. In that regard, please contact
Rosemary Wascura, the City Clerk,, to schedule your appeal for a
mutually acceptable time. If the Commission then agrees with you,
it would reverse the administrative decision and thus resolve the
matter in the manner you believe correct,
Very truly, youA,
MARTIN DAVID 9ER
MDH /mmi
cc: Sonia Lama, Building and Zoning Director
William F. Hampton, City Manager
Rosemary Waiscura, City Clerk
Cathy McCann, Mayor
. ..... ,
-21' SCUTt WEST 62ND AVENUE
SUITE 2CC
MIAMI. LOPICA 33ia3
-WORD MAGiL
uiAMi QCS; 662 9999
9ROWARO f '0..^I d67 : '2_
March 23, 1992 °AX 1305' 666 c9c7
Mayor Cathy McCann and Commission Members
c/o Rosemary Wascura, City Clerk
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
Dear Mayor McCann and Commission Members:
We, the owners (Edward L. Magill -Es
A.C. Sevier, Esq. and Oswald H. Cour M.D. q'' Francis
property located at 7211 S.W. 62 Avenue �respectfully t re real
a hearing before the City Commission on 21 April 199 quest
The reason for the request, succinctly stated, is
simply that we do not believe, and we do not believe the
evidence supports the decision of the South Miami Zoning and
Building Board that the provisions of §20-4.5 of the So y
Miami Code requiring the "screening" of exposed machinery
applies to replacement air conditioners which are encased b
the manufacturer is a correct statutory construction. y
contest that construction as totally untenable. We
We estimate that the hearing, from our point of
view, will consume about one 1
time to ( ) hour. We request adequate
present expert testimony on the issue.
Sincerely yours, .
EDWARD L: GILL
FRANCIS A. C. SEVIER
ELM:mma 0 AD L
OURY, M.D.
cc: Mayor Cathy McCann
Thomas Todd Cooper, Vice Mayor
Commissioner Betty Banks
Commissioner Neil Carver
Commissioner Ann B. Bass
IyCr
ZECT:CN 20 -4.6 =NVIRONMENTAL REVSIHI
20 -4.6 ENVIRONMENTAL REVIEW STANDARDS
The following standards snal. be utilized ay the Environmental
Review and Preservation Board in their review and evaluation cf a --
site and Landscape plans as required by this Code.
(A) Natural Environment
'1) Proposed development shall be designed in such a manner
so as to preserve and protect existing environmentally -
sensitive lands and natural resources, such as and
including soils, ground water, surface water, shorelines,
vegetative communities, fisheries and wildlife habitats.
(2) Natural Landscaping shall be retained, insofar as -s
practical, and additional landscaping shall be added, If
necessary, to improve the overall visual quality of the
proposed development.
(B) Buildings and Other Structures
Proposed structures shall be related harmoniously to the
natural terrain, existing buildings and surrounding
neighborhood.
(C) Circulation and Parking
(1) With respect to vehicular and pedestrian circulation,
special attention shall be given to the location and
number of access points, general interior circulation,
separation of pedestrian and vehicular traffic and
arrangement of parking areas.
(2) Such areas shall be safe and convenient and not detract
from the design of proposed buildings and neighboring
properties.
(D) Signs and Storage
(1) The size, location, design, color, texture, lighting and
materials utilized in all proposed exterior signs or
advertising structures shall not detract from the overall
residential ambience of the community or the design of
proposed buildings and surrounding properties.
(2) Exposed storage areas, machinery, service areas, utility
buildings and structures and similar accessory areas and
structures shall be subject to such placements, screen
plantings or other screening methods as shall reasonably
:,e required to prevent their being incongruous with the
D existing or contemplated environment and surrounding
oroperties.
U
OFFICIAL `AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
May 19, 1992
7:30 p.m.
A. Invocation
B. Pledge of
Next Resolution:
Next Ordinance:
Next Commission Meeting: 6/2/92
Allegiance to.the Flag of the United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes: May 5, 1992
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance of the City of South Miami, Florida, amending
Subsection 3 of Section'20 -4.3, Signage, of the Land Development
Code of the City of South Miami, Florida, by permitting extensions,
upon written request of the applicant, for a period of thirty days
each request with a total time period for temporary signs not to
exceed ninety days for any applicant and/or event; providing for
severability; providing for conflict and providing an effective
date.
(Moved by Mayor McCann, second by V.M. Cooper from floor 4/7/92) 4/5
5. 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 "Personal Skills Instruction Studio"
in Section 20 -2.3; deleting the existing uses for "Dance, Art,
Music, or Martial Arts School;" permittin "Personal Skills
Instruction Studio" under Section 20 -3.3 D) of the permitted
use schedule in LO, MO, NR, SR, GR, and I Districts; amending
"Beauty or Barber Shop" under Section 20 -3.3 (D) of the permitted
use schedule to add GR Districts; amending ".Counselling Services"
under Section 20 -3.3 (D) of the permitted use schedule to add
RO Districts; providing for severability, ordinances in conflict,
and an effective date.
(Vice Mayor Cooper /Comm. Bass) 4/5
RESOLUTIONS FO*R' PUBLIC HEARING:
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, granting a request by the School Board of
Dade County, Florida, from the Planning Board of the City of
South Miami for three variances from Section. 20 -3.5 (C) (3) of the
Land Development Code to allow a Zero (0) feet rear setback for
a proposed addition; to allow 'a building coverage of thirty eight
percent (38%); to allow an impervious coverage of seventy six
percent (76 %) and one variance from Section - 20 -3.5 -B (12) of the
Land Development Code to require no additional parking spaces
where twenty six (26) parking spaces are required for a proposed
addition for the property known as 6750 SW 6.0 Street South Miami,
Florida 33143 (a public facility, specifically South Miami Middle
School) and legally described hereinbelow.
(Planning Board /Adm.) 4/5
0
0
l
OFFICIAL AGENDA
May 19, 1992
page 2
RESOLUTIONS:
7. A Resolution of the Mayor and City Commission of the City of
South Miami Florida, appointing Karen Dorfman, Victor Dover,
John Lefley, John Ludwi -g, Linda Tobin, Lidia White and
Andy Hessen as members of the Specialty Retail /Residential
District Review Committee of the City of South Miami, each
to serve in such capacity until October 21, 1992, or until
a successor is duly appointed and qualified, whichever occurs
first.
(Mayor) 3/5
8. 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 of the City of South Miami, Florida,
which required certain landscaping conditions for approval of a
screen enclosure requested by Louise Haber for the property
known as 5935 SW 64 Avenue, South Miami, Florida, 33143.
('Mayor) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of Baseball
uniforms and equipment for a total price not to exceed $2,836.20
by, the _Recreation Deparment and providing for disbursement from
Recreation Department account number 2000 -5610 "Baseball.
(Administration) 3/5
10. A Resolution of the Mayor and City Commission of the City of
South. Miami, Florida, ratifying the attached Collective
Bargaining Agreement between the City of South Miami and the
American Federation of State', County, and Municipal Employees
(AFSCME) and authorizing the City Manager to execute same.
(Administration) 3/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, in support of the National Safe Boating
Week, beginning June 7th, 1992 and urging other municipalities
and individuals throughout the ,community, who use our water -
ways to join in learning and practicing Safe Boating and in
having their boats inspected for proper safety equipment.
(Mayor) 3/5
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to execute
a four month' extension of the existing lease for.storage facility
for the warehousing of vehicles held by the Police Department
pursuant to the Florida Contraband forfeiture Act; authorizing
an,expend.iture not to exceed $2,000.00 and charging the disbursement
to 'account number 08- 1910 -4400 "Forfei'ture Fund Rental's and
Leases.
(Administration) 3/5
13. A Resolution of the Mayor and City Commission of the City of
"South Miami Florida appointing Gladys J. Villar, as Deputy
Clerk of the City of South 'Miami Florida.
(Mayor) 3/5
ORDINANCES - FIRST READING:
14. An Ordinance of the City of South Miami _Florida, amending the
Land Development Code- of the City of South Miami, Florida by
permitting "Laboratory; Medial or Dental" under Section 20 -3.3 (D)
of the permitted use schedule in RO Districts; providing for
seve'rability, ordinances in conflict, and an effective date.
(Commissioner Carver) 4/5
i
v d
OFFICIAL AGENDA
May 19, 1992
page 3
15. An Ordinance of the Mayor and City__ Commission of the City
of South Miami, Florida, amending Ordinance 5 -91 -1470 by
repealing the $300.00 Fine for those persons who have failed
to ever obtain an Occupational License and providing for
Fine as provided by State Statute; providing for severability;
providing for ordinances in conflict; and providing an effective
date.
(Commissioner Carver) 3/5
16. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida; deleting Chapter 16 "Taxicabs" from the
Code of Ordinances providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Commissioner Carver) 3/5
17. An Ordinance of the City of South Miami, Florida revoking the
existing Chapter 11 "Garbage and Trash" of the Code of Ordinances
of the City of South Miami, Florida, and enacting a new Chapter 11
"Sanitation Regulations;" providing for severability; ordinances
in conflict; and an effective date.
(Administration) 3/5
REMARKS:
Edward L. Magill, Esq., Francis A.C. Sevier, Esq., and
Oswald H. Coury, M.C., owners of the real property located at
7211 SW 62 Avenue, appealing decision of the Planning and
Zoning Department "screening" air conditioners.
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 theproceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
x z
ORDINANCE NO.
An Ordinance of the City of South Miami, Florida, amending
Subsection 3 of Section 20 -4.3, Si na e_ of the Land Development
Code of the City of South Miami, o da, by permitting
extensions, upon written request of the applicant, for a period
of thirty days each request with a total time period for
temporary signs not to exceed ninety days for any applicant
and /or event; providing for severability; providing for conflict
and providing an effective date.
WHEREAS: the City of South Miami, Florida, currently provides that
temporary signs may not be used for a period of time in
excess of thirty days; and
WHEREAS: there are, from time to time, requests for extensions of
this time period received by the City which the City
Commission may wish to consider on their own merit to
deem whether or not an extension is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA.
Section 1. That Subsection ('3) of Section 20 -4.3, Si na e,
of the Land Deve opment Code of the City of South Miami, be and the same
is hereby amended as follows:
(3) Temporary signs shall be removed at the end of
thirty (30) calendar day period by the person,
firm or organization responsible for the original
placement of the sign.
Upon request of the applicant, the City Commission
may consider an extension of no more than thirty
days per written request with the total time period
for the temporary sign not to exceed ninety (90)
days for any applicant and /or event.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any cour-
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 are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its ge.
PASSED AND ADOPTED this th day of 1992
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
APPROVED:
Mayor
City
Attorney
a
SECTION 20 -4.3 EXCERPTED SIGNAGE
20 -4.3 SIGN RNGULKTIONS
(C) Temporary Signs
(1) The City may issue temporary permits for signs and
displays for a period not to exceed thirty (30) calendar
days when use of such sign or display is deemed in the
public interest.
(2) A temporary permit may not be issued more than once a
year to the same applicant for the same or substantially
similar sign or display.
(3) _ Temporary signs shall be removed, at the end of the thirty
(30) calendar day period by the person, firm or
organization responsible for the original placement of
the sign.
(4) A temporary permit may be issued for:
(a) signs advertising a special civic or cultural event,
such as a fair, play, concert or meeting sponsored
by a public or civic organization.
(b) special decorative displays used for holidays or
promotion of nonpartisan civic activities.
(c) special business opening sales and displays in
nonresidential districts where such sales are
permitted.
EXcerpted Signage Regulations form Section 20 -4.3 (C) LDC
z
rr 3a: -S
Plannin g Board
b
Tuesday, April 28, 1992 7
Commission Chambers
7:30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the
U.S.A.
II. Roll Call. Prey
Absent
Larry Ligammare
Manuel Gutierrez, Jr.
Cindy Thorner
Diana Gonzalez
Robert Parr
Paul Eisenhart (7:35)
John Leff l ey (7:35)
IIL. Approval of the Minutes of March 31, 1992. Mr Gutierrez
moved for approval of the Minutes of March 31, 1992 as. submitted.
Seconded by Mr. Parr.
Vote;
Approved: 5 Opposed: 0
Approval of the Minutes of April 14, 1992. The Minutes of
April 14, 1992 were not available for approval.
IV. Public Hearing:
A. PB -92 -012
Applicant: City Administration
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SUBSECTION 3 OF SECTION 20-
4.3 SIGN�AQ OF THE LAND DEVELOPMENT CODE OF THE
CITY OF SOUTH MIAMI, FLORIDA, BY PERMITTING
EXTENSIONS, UPON WRITTEN REQUEST OF THE
APPLICANT, FOR A PERIOD OF THIRTY DAYS EACH
REQUEST WITH A TOTAL TIME PERIOD FOR TEMPORARY
SIGNS NOT TO EXCEED NINETY DAYS FOR ANY
APPLICANT AND /OR EVENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICT AND
PROVIDING AN EFFECTIVE DATE.
Mr. Parr read the request. Mr. Mackey presented the Staff Report.
(See attached.) p rt.
Mr. Parr asked Staff and was told that this request Quest is intended . to
give more flexibility in granting temporary signs. Temporary sign..
PB Minutes
1 04 -28 -92
permits are granted for a 30 day, non - renewable period at P resent.
In further explanation, Mr. Mackey stated that there have been
several instances when businesses have attempted to renew their
temporary permits only to learn that extensions are not granted.
Ms. Lama explained that', this issue has come to the Board because
of a bank in the City which has been taken over by the Resolution
Trust Corporation. Their name change will not occur within thirty
the days and the City Commission has no mechanism by which an
extension can be granted. Applications are made to and permits
granted by the City Manager. The suggestion
should return to the Commission for each thirty day ext nsi' neand,
perhaps, require four votes for passage. There have been instances
where the permitting process required for a permanent sign becomes
complicated by the time required for an applicant to appear before
and receive approval from the Environmental Review and Preservation
Board. Ms. Thorner feels that having to come back every'thirt
days for ninety days only "clog's u �� y
is more reasonable. Mr. Eisenhart P the system and that sixty days
Ms. Thorner sen and Mr. Lef1ey both agree with
Ms. Thorner recommends that the request be amended to read "...not
to
in hand applie s exceed sixty days... lie
r Ms. Gonzales reminds the Board that this
request primarily to Bank United who say that
ninety days is the minimum length of time for which they need the
temporary sign.
Mr. Ligammare suggests that the 30/30/30 day requirement is meant
to keep applicants from automatically receiving sixty or ninety
days and using that entire period with a temporary sign. With
thirty day increments, the City can see that the applicant is
making all efforts to comply as quickly as possible.
The subject of fees for longer 9 periods did not arise with the
Commission- so it is assumed that the present $35.00 fee will remain
the same. n
Mr. Eisenhart feels that having to pay a fee is a hurdle in and of
itself. He asked if this sign regulation applies to Political
signs. Lama stated that this does not apply to political
advertising but to business special events. South Miami abides b
Dade County sign ordinance as regards political signs 9 e. y
Also, Mr. Eisenhart said that it is not necessary that everything
come before the Commission because, as stated by Ms. Thorner,
agendas become overloaded. Instead, he asks whether or not an
extension: can be handled administratively.
encouraged to come into the City rather than made more difficult.
t. be
Mr. Mackey advised that icult.
Permits are handled administratively, only
extenuating circumstances would require Quire that a for an extension
which then would appear on a City Commission agenda.
PB Minutes
2 04 -28 -92
Mr. Parr stated that he does not foresee a rash of these requests
coming to the City and that if this should that occur, it could be
readdressed at that time
There being no further discussion, the Chair called for a motion.
Mr. Parr made a motion to approve the request made under PB -92-
012 as submitted with the exception of the City Administration etc.
Seconded by Mr. Lefley.
Vote: Approved: 5
Opposed: 2
(Thorner)
(Eisenhart)
V Remarks.
VI. Adjournment.
Secretary
Chairperson
PB Minutes
04 -28 -92
3
..=s m T � .
t y
Mr. Parr stated that he does not foresee a rash of these requests
coming to the City and that if this should that occur, it could be
readdressed at that time
There being no further discussion, the Chair called for a motion.
Mr. Parr made a motion to approve the request made under PB -92-
012 as submitted with the exception of the City Administration etc.
Seconded by Mr. Lefley.
Vote: Approved: 5
Opposed: 2
(Thorner)
(Eisenhart)
V Remarks.
VI. Adjournment.
Secretary
Chairperson
PB Minutes
04 -28 -92
3
..=s m T � .
r y
PB -92 -012
Applicant: City Administration
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SUBSECTION 3 OF SECTION 20 -4.3 SIGNAGE OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI,
FLORIDA, BY PERMITTING EXTENSIONS, UPON WRITTEN REQUEST
OF THE APPLICANT, FOR A PERIOD OF THIRTY DAYS EACH
REQUEST WITH A TOTAL TIME PERIOD FOR TEMPORARY SIGNS NOT
TO EXCEED NINETY DAYS FOR ANY APPLICANT AND /OR EVENT;
PROVIDING FOR SEVERABILITY;< PROVIDING FOR CONFLICT AND
PROVIDING AN EFFECTIVE DATE.
STAFF' REPORT
The Land Development Code currently provides for temporary
sign permits to be issued once a year for a period of time not to
exceed thirty days.
All permanent signage erected in the City of South Miami requires
the approval of the Environmental Review & Preservation Board. The
existing procedure for permanent signage approval is approximately
30 days in duration, if a timely and complete application is
submitted. An E.R.P.B. vote for denial would lengthen this process
by fourteen days per denial.
Please, find the attached excerpt from the Land 'Development Code
regulations concerning temporary signage and the discussion on the
proposed ordinance as contained in the excerpted Minutes of the
City Commission Meeting held on April 7, 1992.
Staff Report.for PB -92 -012
I 1
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
"PERSONAL SKILLS INSTRUCTION STUDIO" IN 'SECTION 20 -2.3;
DELETING THE EXISTING USES FOR "DANCE, ART, MUSIC, OR
MARTIAL ARTS SCHOOL "; PERMITTING "PERSONAL SKILLS
INSTRUCTION STUDIO" UNDER SECTION 20 -3.3 (D) OF THE
PERMITTED USE SCHEDULE IN L0, MO, NR, SR, GR, AND I
DISTRICTS; AMENDING "BEAUTY OR BARBER SHOP" UNDER
SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE TO ADD
GR DISTRICTS; AMENDING "COUNSELING SERVICES" UNDER
SECTION 20-3.3 (D) OF THE PERMITTED USE SCHEDULE TO ADD
RO DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code orovidinQ for a permitted use
schedule: and
WHEREAS, there presently does not exist a permitted use for
a Personal Skills Instruction Studio, such as for arts and
crafts, dance, exercise, martial arts, and /or music in NR and GR
districts; 'and
WHEREAS, the Mayor and City Commission wish to amend the
Land Develooment Code to provide for " Personal Skills Instruction
Studio" in NR and GR districts in the permitted use schedule; as
well as to provide for Beauty or Barber shops in GR districts and
for Counseling Services in RO districts;
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 to add the following:
PERSONAL SKILLS INSTRUCTION STUDIO: a business teaching its
clients such skills as arts and crafts, dance, exercise, martial
arts, and /or music.
Section 2. The existina uses in Section 20 -3.3 (D) of the
Permitted Use Schedule for "Dance, Art, Music, or Martial Arts
School" be.. and hereby are, deleted.
Section 3. Section 20 -3.3 (D) be, and hereby is, amended
to read as follows:
z �. n
t
C
ZONING DISTRICTS P
0 A
R L M N S - - -G I - - -H D K
0 0 0 R R R S G
Personal Skills
Instruction Studio P P P P p P 10
Beauty /Barber Shop S S P P P P 16 11
Counseling Services P P P P P 10
Section 4. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by anv
court of competent jurisdiction, then said holding shall in no
wav affect the validity of the remaining portions of this
Ordinance.
Section 5. All Ordinances or Darts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediatelv at
the time of its passage.
PASSED AND ADOPTED this th day of , 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
t 7
PB — IS) 2 -013
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 "PERSONAL
SKILLS INSTRUCTION STUDIO" IN SECTION 20-2.3; DELETING
THE EXISTING USES FOR "DANCE, ART, MUSIC, OR MARTIAL ARTS
SCHOOL "; PERMITTING "PERSONAL SKILLS INSTRUCTION STUDIO"
UNDER SECTION 20-3.3 (D) OF THE PERMITTED USE SCHEDULE
• IN L0, MO, NR, SR, GR, AND I DISTRICTS; AMENDING "BEAUTY
OR BARBER SHOP" UNDER SECTION 20-3.3 (D) OF THE PERMITTED
USE SCHEDULE TO ADD GR DISTRICTS; AMENDING "COUNSELING
SERVICES" UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE
SCHEDULE TO ADD RO DISTRICTS; PROVIDING FOR SEVERABTLITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
STAFF REPORT. "
The City Commission desires to permit the uses included in
this Ordinance in,a broader range of zoning districts
Staff Report for PB -92 -013 Page 1 of 1
r
# ORDINANCE NO.
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI, BY PROVIDING A DEFINITION OF "PERSONAL
SKILLS INSTRUCTION STUDIO" IN SECTION 20-2.3; PERMITTING
"PERSONA.. SKILLS INSTRUCTION STUDIO UNDER SECTION 2C-
3.3(E) OF THE PER14ITTED USE SCHEDULE IN NR AND GR
DISTRICTS; PROVIDING FOR S'EVEKABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT AND PRO;VLDING AN EFFECTIVE DATE.
Commissioner Bass stated that she is cosponsoring this
ordinance as she reels this use is something that should be
permitted in these zoning districts.
Discussion was held with regard to the uses currently
permitter in the :?rmitted Use Schedule.
Moved by Mavor McCann, seconded by Vice -Mayor Cooper,
aance, ar_ and music be removed on page 42 of the- Permittec Use
Schedule.
Vice -Mayor Cooper removed his second; Mayor McCann removed
her motion so it is clarified.
;loved by Mayor McCann, seconded by Vice -Mayor CooDe:, that
the current wording of "Dance, Art Music or Martial Arts School"
be amended to state "Personal Skills Studio" on Page 42 o: the
Permitted Use Schedule of the Land Development Code.
'lotion gassed 4/0- flavor McCann, vea; Vice -Mayor C000er,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner 9anks absent).
*loved by \'i ce- [Iayor C000er, seconded 'ov Mavor McCann, that
Personal Skills Studio he a Permitted use in NR and GR zonine
districts.
Excerpted Minutes of the City Commission Meeting 4/21/92 Page 1 of 2
Motion passed 4/0: Mayor McCann, yea; Vice-Mayor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
*loved by Vice -Mayor Cooper, seconded by Commissioner Bass,
that parking be changed from "E" to "I Ott .
Motion passed 4/0: Mayor McCann, yea; Vice- Mayor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissioner Banks absent).
!4oved by Mayor McCann, seconded by Vice -Mayor Cooper, that
"Beauty and Barber Shop" be added as a permitted use in the GR
district; condition lb; parking 11.
"lotion passed 4/0: t•layor McCann, yea; Vice- llayor Cooper,
yea; Commissioner Carver, Yea; Commissioner Bass, yea
(Commissioner Banks absent).
Moved by Commissioner Carver, seconded by Vice -Mayor
Cooper, that Counseling Services be permitted in t -he RD zoning
distract; parkin. 9.
Motion passed 4/0: Mayor McCann, Yea; Vice -Mayor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, vea
(Commissioner Banks absent).
Moved by Mayor McCann, seconded by Vice -Mayor Cooper, that
the heading be amended to appropriately reflect the changes that
the Commission has made.
Motion passed 4/0: Mayor McCann, yea; Vice -Mayor Cooper,
yea; Commissioner Carver, yea; Commissioner Bass, yea
(Commissione,r Banks absent).
Moved by Commissioner Carver, seconded by Mayor McCann,
that the "WHEREAS" clauses be amended to reflect changes made by
the Commission.
Motion passed 4/0: Mavor
yea; Commissioner Carver, yea;
(Commissioner Banks absent).
McCann, yea; Vice - Mavor Cooper,
Commissioner Bass, yea
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF _ TH; CITY
OF SOUTH MIAMI BY PROVIDING A DEFINITION OF "PERSONAL
SKILLS INSTRUCTION STUDIO" IN SECTION 20 -2.3; DELETING THE
EXIISTING USES FOR "DANCE, ART, MUSIC OR MARTIAL ARTS
SCHOUIL "; PERMITTING "PERSUNAL SKILLS INSTRUCTION STUDIO"
UN DIE k SECTION 20- 3.3(D) OF THE PERMITTED USE SCHEDULE T
LO, MU, NR, SR, GR, AND I DISTRICTS; AMENDING "BEAUTY 10R
BARBER SHOP" UNDER SECTION 20- 3.3(D) OF THE PERMITTED i:SE
SCHEDULE TO ADD GR DISTRICTS; AMENDING "COUNSELING
SER'IVI CES" UNDER SECTION 20-3.3(D) OF THE PERMITTED USE
SCHIEDJLE TO ADD RU DISTRICTS; PROVIDING FOR SEVERABILITY,
ORDINANCES Ii; CONFLICT AND AN EFFECTIVE DATE.
Motion on ordinance, as amended, passed 4/0: Mayor McCann,
yea; Vice- Mayor Cooper, yea; Commissioner Carver, yea;
Commissioner Bass, yea (Commissioner Banks absent).
Excerpted Minutes of the City Commission Meeting 4/21/92 Page 2 of 2-
i
M = N U T E S
Planning Board
Tuesday, May 12, 1992
Commission Chambers
7.30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the U.S.A.
II. Roll Call. Present Absent
Larry Ligammare Diana Gonzalez
John Lefley
Robert Parr
Cindy Thorner
Dianne Wright
Paul Eisenhart
Also present: B & Z Director Lama; Planner Mackey; Planner_ Kobola and Board
Secretary DeLisa.
Chairman Ligammare and the Planning Board members welcomed new member Dianne
G. Wright to the Board.
III. Approval of the Minutes of April 14, 1992.
Ms. Thorner made a motion to approve the Minutes of April 14, 1992 as
submitted. Seconded by Mr. Parr.
Vote: Approved: 5 Opposed: 0 Abstention: 1
(Wright)
Approval of the Minutes of April 28, 1992.
Mr. Eisenhart moved to approve the Minutes of April 28, 1992 with corrections
and additions. Seconded by Mr. Parr.
Vote: Approved: 5 Opposed: 0 Abstention: 1
(Wright)
IV. Public Hearing:
A. 1PB--92 -013
1. Planning Board Member to read the following:
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
PB Minutes 05 -12 -92
1
Draft.Minutes of the Planning Board Meeting 5/12/92 Page 1 of 2
. t
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, FLORIDA BY PROVIDING A DEFINITION OF "PERSONAL
SKILLS INSTRUCTION STUDIO" IN SECTION 20 -2.3; DELETING
THE EXISTING USES FOR "DANCE, ART, MUSIC, OR MARTIAL ARTS
SCHOOL ";PERMITTING "PERSONAL SKILLS INSTRUCTION STUDIO"
UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE
IN LO, MO, NR, SR, GR, AND I DISTRICTS; AMENDING "BEAUTY
OR BARBER SHOP" UNDER SECTION 20 -3.3 (D) OF THE PERMITTED.
USE SCHEDULE TO ADD GR DISTRICTS; AMENDING "COUNSELING
SERVICES" UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE
SCHEDULE TO ADD RO DISTRICTS PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
Ms. Wright read the request. Mr. Mackey reports that the purpose of this
request from the Mayor and City Commission is to add these uses to the
specific zoning districts as listed to permit broader uses.
The Chair declared the Public Hearing opened and asked for those present
wishing to speak for the request.
Mary Beth Perez from Better Families Through Tae Kwon Do at 5754 Bird Road
addressed the Board to encourage their recommendation for this ordinance.
David Yoble, whose son gave a demonstration of Tae Kwon Do, and Jenny
Anderson, an adult student who lives at 3900 SW 59 Avenue also spoke in favor
of this ordinance.
There being no one present to speak against the request, the Public Hearing
was declared closed and Executive Session in _order.
The Board questioned Staff as to parking and was advised concerning
requirements and restrictions. Mr. Parr asked if there is any "down side"
to this request. There was no discussion
Mr. Parr made a motion to approved as made under PB -92 -013. Seconded by Mr.
Lefley.
Vote: Approved: 6 Opposed: 0
V Remarks.
VI. Adjournment.
Secretary
Chairperson
PB Minutes 05 -12 -92
2
Draft Minutes of the Planning Board Meeting 5/12/92 Page 2 of 2
J
� 4 �
RESOLUTION No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA 0R2NTIN0 A' RZ =ST BY THE
SCHOOL ,BOARD OF DADE CounTY, FLORIDA FROM TKE PLANNING
BOARD OF ?BE CITY OF SOUTH MIAMI FOR'THRRl VARIANCES
FROM SEC. 20 -3.5 (C) (3) OF THE LAND DEVELOPMENT CODE TO
ALLOW A ZERO (0) FEET REER,SMACK FOR A PROPOSED
1DDTTION; TO ALLOW A BUILDING COVERAGM OF THIRTY EIGHT
PEBczu? 138%1; TO ALLOW AN IMPERVIOUS COVERAGE OF
SRVMY SIX PERCENT (76%) AND On VARIANCE FROM SEC.
2n -3.5 B (13) OF THE LAND DEVELOPMENT CODE TO REQUIRE
NO ADDITIONAL PIRKINC SPACES WRnZ TVJ&NTY SIX (26 )
PARKING SPACES ARE REQUIRED FOR h FROPOSRn 0DITION FOR
THE PROPERTY KNOWN AS 6750; S.W. 60TH STREET SOUTH
MIAMI, FLORIDA 33143 (A PUBLIC - FACILITY, SPECIFICILLY
SOUTH MIAMI MIDDLE SCHOOL) AND LEGALLY DESCRIBED
HniniELOii
WHEREAS, The School Board of Dade County, Florida requested
the Planning Board of the City of South Miami for three variances
from Sec. 20 -3.5 C (3) of the Land Development Code:
:. to allow a zero (o) feet real setback for a proposed addition,
where the existing rear setback for a nonconforming dimension is
z"ro (0) feet and a minimum tventy five (25) feet rear setback is
required;
2. to allow a building coverage of thirty eight percent (381)
vher"E-the existing building coverage for a nonconforming
dimension is thirty four percent (34 %) and a maximum of thirty
percent (301) is permitted; and
3. to allow an impervious coverage of seventy six percent (76 %),
where the existing impervious coverage for a nonconforming
dimension. is seventy three percent (73 %) and a maximum of forty
percent (40%) is permitted.
and one variance from Sec. 20 -3.5 B (12) of the Land Development
Code:
1. to require no additional parking spaces where twenty six (26)
parking spaces are required for a proposed addition.
all said requests for the property known as 6750 S.W. 60th
Sts*at, Soath Miami, Florida 33143, which property is legally
des4ibed as :allovs
The North 249.85 feet if the NE 1/4 of the SE
1/4 of Section 26, Tovnahip 54 South
40 East, Less the North 25 feet and the a
e st
35 feet thereof and that Portion which lies
vithin the external area formed be a 25.00
foot radius area concave to the Southwest,
tangent to the Vogt lie of the East 35.00
feet of the HE 1/4 of the HE 1/4 Of said
and Section 26 in Dade County, Florida;
WHEREAS, Staff recommended against the Requests a
variances from the Code s they are
Provisions; and
WHEREAS, on September 24, 1991, the Plannin .Bo
9 and voted to
approve the requests by a 5 - 1 vote;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
t That the Request of the School Board of Dade
County, Florida from the Planning Board of Cit y of
South Miami,
Florida, for three variances from Sec. 20 -3.5 (C)(3) of t
Development Codes he Land
a• to alloy a zero (0) feet rear setback for a proposed addition,
where the existing tear setback for a nonconforming
zero (0) feet and a minimum twenty live ( 25) feet 9 dimension is
rear setback is
required;
b. to alloy a building coverage of thirty eight percent (381
where the existing building coverage for a nonconforming
dimension is thirty four percent (34%) and a Maximum of thirty
Percent (30%) 19 Permitted -; and
c. to allow an impervious coverage of seventy six percent (76$),
where the existing impervious coverage for a nonconforming
_dimension is seventy three percent (73%) and a maximum of
forty
Percent (40%) is Peraitted,
all said request, for the Property kn0vn as 6730 S.W. 6
St reet, South Miami, Florida 3314.3., be the sa
� and 0th
ge hereby are,
appeoved,
s•
9 'W L- that the Request of the school Board of Dade
Z -
County, Florida from the Planning Board of City of South Miami,
Florida, for one variance from Sec. 20 -3.5 (B)t12I to require no
additional parking spaces vheze twenty six (26) parking spaces
are required for a proposed addition of the Land Development
Code for the property known as $750 S.W. 60th Street, South
Miaai, Florida 33143, be and the same hereby is approved.
PASSED AND ADOPTED this _____th day of October, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CURK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
DADE COUNTY PUBLIC SCHOOLS
SCHOOL BOARD ADMINISTRATION BUILDING a 1450 NORTHEAST SECOND AVENUE + MIAMI, FLORIDA 33132
OCTAVIO J. V14NED0 DADE COUNTY SCHOOL BOARD
SUPERWENOENT OF SCHOOLS M9. JANET R. WAL LEY, CHANW11 OON
March 31, 1992 MS. NEW `
LK G. MOLMes eFtAVCKXN
OR ROBA CAW= flIMMERQ
DR. MOOEL'KAOP
MR. ROOM FWWK
Mr. William Hampton
Ma VALLIAM W. TURNER
City Manager
City "of_South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Request for Variance at South Miami Middle School
Dear Mr. Hampton:
This is to request a deferral of the school districts application
for a variance at South Miami Middle School until the city
commission meeting of may 19, 1992. The additional time will allow
us to commence negotiations with you for the purchase of the 1.2
acre portion of the adjacent park site.
Thank you for your cooperation.
Sincerely,
i7nia L. Rosen, Assistant Superintendent
Office of Planning and Management Systems
VLR:vt
L -185
r
j Jti or
q• ►•• /ff r ~ '11 3 I � tN>fa♦ ,f, ) j wisp
VrnwM ..,,rte ClY •
i I m I �*
■ " is ! �'. ,•. 11 ; p _
a
>.. . « c 1 .: ! �' Imo•• `��!
1 :i a .r• «y1 _
RM -2 ,.;.,..,
mumm
•wrf
j : J r. fN far
/ i i . • u • + 1 • I _ 144 • •.• tn•..irl••1
• 1
—.•r �..r.N P� : Q• r y'.) V', / , �+ • .. flee ; -
(.� .. yr. , ��•,...
�, / • t � � , -+- iii- ..-._. , .
1 .1 L.
6 Jot
,. =OLIN M/LY/ •'�fLO i � ,. ,. � / , �i • 1 ,•� ' ) 1) R
PR _ I
Ir to
10 s
i fie. a i , � .�;� • •• •. f • • 1 • � a � ! � • ` �:
�a� �f I Jt• • r r, , ,. ( .
i • { fl,
T
of
0 !•• •♦�
te• react if •react ,•.. •'*Jr• •� • ` • ))• • • •� ', �. • . �..
V �` rte• •��. ti • • Jr • r / • 1' 1 't / 'I � • ,
te�is • Teas► T rsait � `• w ' j • • � • • ' , �1 '• � ( '
t 1 test •
real.? • • a 1rf • • e ' I• N
loacTo
a I I , f : ►, • • • r
film
t
M e , _ - •� N
aft
If
noun
'� . • _ -
1 •
• r
'PLICAM: /Otl
-� • '•�
�V sumac
P G
COMB=
Scale. l. ML
c•.•
Date.. za. '.
MUT
P122&2�
a0�Llefasss
ar�aaas of
amount ou
amount M
■ps4sit /Af
caa�l.f
la r%Lras
titiont
O Lt th ti. /�1RH�t l
4410 lNMIPtT IM#Vi, SOUTH 9 SAMlf P%MIGA WAS
Z0 N`2 N PET IT I ON
rsr now" war at as" OsINIty. r1MLM
vaeswr tsar drasaw 20tf.5tCl(2) of Wks &Aa/ Oraria0UMM Car" to &"4w a 2400 (01 tars eaar
aaww" tae 4 pNMw H
ad""aa. asa w 0ssssla+ fes►as OMaarlf t0s a aaaaareaSUlOO 4LSaarL4a
La go" aiafsr %sasfsV tLti /asl tart atafr as%1fe�01t u sr�ffLff00.
Vaesaw tflw emomms 9ars.stClfs) at ww iaa/ sawa►aMast Oafs to &&Uw a ssaL&L" er�4tr0r
at , thwaY "qws "262204 13841 Mrsa tl» 020:10 a0L1aL" Ca�stag0 taw r "aamWerug"
alaaelf#>Ca
am ia- tr4e 0ws (Set 1 a" 0 wafer at sl"w "Wes" t 3041 La 0`aslesaa.
TasLiww tans NsalM 60-2.5tCttil at *M Le" Ow"Opmeol 00" to &LIOW an iiaevlags Cs•aeapa
41 trwasy raft 0eswas- ties$. VarsID I" 4ala"IM Z101MVLrYr CawtaN taw a wswse"we" "
t&ummLw0 10 awway trims p (13%) am 4 005san a at to my frOMS 4000) to pe"Utaaa.
Vastaw on" sew"as 20- 6.441b1/121 Of ttw taaa Do- &*0t'awre ce" to eagss4 M w"Itiaau
!a*sY,OO ,aOSarr Nat* sv0wsy 016 4 261 }afro" 0040 a" sOq16'rO tat a Vsa0r0M aa4Lai0a.
The want 269.46 toe at the us "4 at tam on %I$ at sweL4. 36. ?iwaralm 54 SWAM. MAN" 60
sass.' ewe er meava as to" 4" w sort as tea ta4a.4e awe ties pwal s VDAefr liar Vasnla
bar `saarYl ages tassaa- be 4 25.40 can raalvr ass 6880ws to %se sewthweas. taaws to sea
�trt 1120 at %M 666%'39.00 Lart at *AM eft U4 at Rua 97 1 ,f4 at 4446 469"em 25.
rtes u e0aa ,160102
MarAl "166►. ruwaia
to /risLLs to Xity. ry ML:swly sawka xLe" uM30 ssas0il
We, the undersigned property oMness, are within foo i*e-9 of the above
Property. We UnderstanCtand approve the above request.
tt n
NP
• . . . . . _
j
f�. An
co 4t:."
ft 40
r • _ • . • . • • • • • . .• • • •
• . lb .. • ft lb ft
DATE -- _- - - -- -- ADDRESS
?- 1110'.'/_ oft" -* �% ") -
1, 6-0 -43`7
--------------
logo
�-
/� if _ mss :,�_�v. �l � � _ • .. _
7�= t4
`�.'f. _ 1..x.77/_ ',z ry _• .. _ - . _ .
• • . • •1• . w • . _ • _ • . • . - . . • .
••..•1. • •• - .-- •-- -.• .0 --
- -•• -1• -. •- ..- - - - -•.
. • • • .t • _ � • . • • • • • _ . w _ . • • .
• . . . •140 40 . • • " • • . • • . • • • .. .
(o�ont�awsa oa' pique j?
WT
STAFF RZPORT
Applicant: The School Board of Dade County, Florida
Request 11: Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow a zero (0) feet rear
setback for a proposed addition, where the existing
rear setback for a- nonconforming dimension is zero
(0) feet and a minimum twenty five (25) feet rear
setback is required.
Request 12: Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow a building coverage of
thirty eight percent (38 %) where the-- existing
Building Coverage for a nonconforming dimension is
thirty f our percent (34 %) and a maximum of thirty
percent (30 %) is permitted.
Request 13: Variance from Section 20-3.5(C)(3) of the Land
Development Code to allow an Impervious Coverage of
seventy six Percent (70), where the existing
Impervious Coverage for a nonconforming dimension
is seventy three percent (73 %) and a maximum of
forty percent (40%) is permitted.
Request #4: Variance from Section 20- 4.4(8)(12) of the Land
Development Code to require no additional parking
spaces where twenty six (26) parking spaces are
required for a proposed addition.
TJ=- The North 249.85 feet of the NE 1/4 of the SE 1/4
of Section 26, Township 54 South, Range 40 East,
Less the North 25 feet and the East 35 feet thereof
and that portion which lies within the external area
formed be a 25.'00 foot radius arc concave to the
Southwest ,'tangent to the West line of the East
35.00 feet of ` the NE 1/4 of the NE 1/4 of said
Section 26.
Location: 6750 SW 60th Street
South Miami, Florida
(k public facility, specifically south Miami Middle
School)
ANALYSIS: The subject property is located in a
Public /Institutional (PI) Zoning District which
r pgs'soant to Section 20- 4.4(0)(3) of the Land
Da 1apment Code should conf arm to the adjacent most
restrictive use dimensional requirements, which is
Low Density Residential (RS-3) in this case.
Tte lot is about 3.265 Acre, 142,214 square feet.
The existing structure is about 48400 square feet
(ground floor) and 29,000 square feet (second
float).
RcLxt nq impervious area is about 103,500 square
f Oft.
Presently about 43 perkiaq spacas• ex st on the site.
MO- propopd addition is about 5,080 square feet
(9to nd floor) and 5, 050 square fort (seoobd floor)
!'oor variances are Z :ttr in arddr to comply with
the Sault' Ximt Zoninc; ati am
doew- not reoa■�a�Mi a i.
.
r
PB -91 -030
Applicant:
Request 11:
Request 12:
. Request 13:
Request 14:
LEGAL:
PB Minutes
M 2 N U T E S
PLANN =NG BOARD/
TUESDAY, SEPTEMBER 24 1991
COMMISSION CHAMBERS'
7:30 PM
The School Board of Dade County, Florida
Variance from Section 20-3.5(C)(3) of the Land
Development Code to allow a zero (0) feet rear
setback for a proposed addition where the
existing rear setback for a nonconforming
dimension is zero (0) feet and a minimum twenty
five (25) feet rear setback is required.
Variance from Section 20- 3.5(C) (3) of the Land
Development Code to allow a building coverage
of thirty eight percent (38 %) where the
existing Build'ing.Coverage for a nonconforming
dimension is thirty four percent (34 %) and a
maximum of thirty percent (30%) is permitted.
Variance from Section 20- 3.5(C)(3) of the Land
Development Code to allow an Impervious
Coverage of seventy six percent (76%), where
the existing Impervious Coverage for a
nonconforming dimension is seventy three
percent (73 %) and a maximum of forty percent
(40 %) is permitted.
Variance from Section 20 -4.4 (B) (12) of the Land
Development Code to require no additional
parking spaces where twenty six (2'6) parking
spaces are required for a proposed addition.
The North 249.85 feet of the NE 1/4 of the SE
1/4 of Section 26, Township 54 South, Range _40
East, Less the North 25 feet and the East 35
feet thereof and that portion which lies within
the external area formed be a 25.00 foot radius
09 -24 -91
arc concave to the Southwest, tangent to the
West line of the East 35.00 feet of the NE 1/4
of the NE 1/4 of said Section 26.
Location: 6750 SW 60th Street
South Miami, Florida
(A public facility, specifically South Miami
Middle School)
Ms. Gonzalez read the request. Mr. Leon Ballentine, Supervisor
of School Board Site Planning and Government Liaison Department
along with the School Board Architect signed in and displayed
drawings and a site plan of the project. Mr. Ballentine explained
the project and the many problems arising from the site itself and
the overcrowding which make this expansion necessary. The intent
is to add three new classrooms three resource rooms and a
counselor's room School. This has been designed in a way that will
blend into the neighborhood. It is felt that the granting of these
variances is vital to the continued efficient operation of the
school.
Principal Mr. Reynard answered questions from the Board. He stated,
in answer to Mr. Parr's question, that parking is not a problem.
The Public Hearing was closed and Staff was asked for a
recommendation. Ms. Goudarzi stated that Staff does not recommend
approval of these requests. Ms. Lama stated that Staff's
recommendation is based_ upon the fact that all of the requests
deviate from the Land Development Code and its requirements.
Mr. Parr asked Mr. Ballentine what are the options should these
requests be denied. Mr. Ballentine stated that they would have to
increase the sizes of the classes in the existing classrooms and
establish attendance boundaries.
Ms. Gonzalez asked for the proposed time frame and was told that
development should begin in the summer of 1992 for use in the
summer of 1993.
Mr. Eisenhart made a motion that all four requests be voted for at
once and that all four be approved. Ms. Thorner seconded.
Vote:
Approved: 5 Opposed: 1
(Gutierrez)
There is a music room proposed for sometime in the future, when
funding can be obtained.
PB Minutes
R�,v
09 -24 -91
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE
ATTACHED COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF SOUTH MIAMI AND THE AMERICAN FEDER-
ATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
(AFRCME) AND AUTHORIZING THE CITY MANAGER
EXECUTE SAMR . TO
WHEREAS, in the course of Administration, the City Manager
entered into collective bargaining with the American Federation
Of State, County and Municipal Employees (AFSCME) as the exclu-
sive Bargaining Agent for the City employees defined- in Article
II of the attached proposed Collective Bargaining Agreement; and
WHEREAS, the City Manager and his Labor Counsel have now
negotiated the attached Collective Bargaining Agreement for the
year 1991/1992 and recommend its ratification by the City Com-
mission; and
WHEREAS, the employee bargaining unit has now ratified
attached Collective Bargaining Agreement; and the
WHEREAS, the Mayor and City Commission believe the attached
Collective Bargaining Agreement is in the best interest
parties; s of all
NOW, THEREFORE;, BE IT RESOLVED BY THE MAYOR AND THE
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; CITY
Section 1. That the attached Collective Bargaining Agree _
ment between the City of South Miami and the American Federation
of State, County and Municipal Employees (AFSCME) be
i$, ratified. and hereby
Section 2. That the City Manager be, and hereby
thorized to Y is, au
execute the attached Collective Bargaining Agreement
between the City of South Miami and the American Federation of
Stater County and Municipal Em 1
P oyees (AFSCME).
/.'0
- -
AM
PASSED AND ADOPTED this th day of May, 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, I;N SUPPORT OF THE NATIONAL SAFE BOATING
WEEK, BEGINNING JUNE 7TH, 1992 AND URGING OTHER MUNICIPALITIES
AND INDIVIDUALS THROUGHOUT THE COMMUNITY, WHO USE OUR WATER-
WAYS TO JOIN IN LEARNING AND PRACTICING SAFE BOATING AND IN
HAVING THEIR BOATS INSPECTED FOR PROPER SAFETY EQUIPMENT.
WHEREAS, water- related recreational activities are vital elements
in the lives of the citizens of the City of South Miami, Florida; and
WHEREAS, Florida is the fastest growing recreational boating
state in the nation with over 718,000 registered vessels and increasing
at over 10,000 vessels each year; and
WHEREAS, every year lives are lost in boating accidents in spite
of the educational efforts of the Florida Marine Patrol, U.S. Coast
Guard, U.S. Coast Guard Auxiliary, U.S. Power Squadrons, Florida Game
and Fresh Water Fish Commission and other cooperating agencies and
groups.
WHEREAS, the sponsors of these safety programs have addressed
their efforts to the youth and general public of Florida, urging them
to enhance boating pleasure and avoid possible loss of life and
property damage.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission do hereby go on
record in support of the NATIONAL SAFE BOATING WEEK, June 7 - 13, 1992,
and encourage everyone in our City to realize that they can make a
difference every day obeying laws and practicing safe, responsible boating.
PASSED AND ADOPTED this 19 day of May, 1992.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
APPROVED:
Mayor
:,
f
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH, MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE A FOUR MONTH EXTENSION OF THE_EXIST-
ING LEASE FOR STORAGE FACILITY FOR THE WAREHOUSING OF
VEHICLES HELD BY THE POLICE DEPARTMENT PURSUANT TO THE
FLORIDA CONTRABAND FORFEITURE ACT; AUTHORIZING AN EX-
PENDITURE NOT TO EXCEED S 21000.00 AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 08- 1910 -4400 "FORFEITURE
FUND - RENTALS AND LEASES"
WHEREAS, the Police Department has with certain regularity
come into temporary possession of _motor vehicles pursuant to the
Florida Forfeiture Contraband Act; and
WHEREAS, court decisions have held those in such temporary
Possession responsible for damage to the vehicle in the event of
their return to the titled owner; and
-- WHEREAS, in the event of a forfeiture, the vehicle's value
to the Police Department likewise depends upon its good
condition; and
WHEREAS, therefore, the Police Department of South Miami
wishes to extend its existing lease of warehouse space to provide
for the safeguarding of vehicles held by the Police Department
pursuant to the Florida Contraband Forfeiture Act; and
WHEREAS, the Chief of Police has previously certified the
requested disbursements comply with the provisions of Florida
Statute 932.704 (3);
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission of the city
of South Miami, Florida do hereby authorize the city Manager to
execute an extension of the existing lease for the storage of
motor vehicles held by the South Miami Police Department pursuant
to the Florida Contraband Forfeiture Act tor a sum not to exceed
S 21000.00 for a four month extension as set forth in the
attached Exhibit
PASSED AND ADOPTED this th day of May, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ADDENDUM TO BUSINESS LEASE
With reference to that Business Lease executed December 2, 1991
between Shoocen II Investments, the Lessor and the City of South
Miami, the Lessee, it is further AGREED as follows:
1. The term shall be_extended' for the period from June 1, 1992
through and including Septeym:ber 30, 1992.
This Addendum, upon its execution by both parties, is herewith
made an integral part of the aforementioned Business Lease.
Shopcen II .Investments
Lessor
City of South Miami
Lessee
Date executed by Lessor,
BY: _
Jack Calderon, President,
Gibraltar Realty &
Management, Inc., Agent
Date executed by Lessee
By '
William F. Hampton, City Manager
Exhibit "A"
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPOINTING GLADYS J. VILLAR AS DEPUTY
CLERK OF THE CITY OF SOUTH MIAMI, FLORIDA.
WHEREAS, Chapter 7, subsection A. of the Charter of the City
of South Miami, Florida, provides that the Commission shall
appoint the :specified officers in the City who shall serve at the
pleasure of the Commission; and
WHEREAS, under A. (3) of the Charter, it is specified that
"A City Clerk" and such deputies that may be necessary, be
appointed; and
WHEREAS, the City presently has the position designated as
"Assistant to the Clerk" and would like to appropriately provide
that the title be changed to "Deputy Clerk" and the person
filling that position be appointed by the Commission as provided
by the City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the position of "Assistant to the City
Clerk" be and is hereby retitled to "Deputy Clerk" and the person
filling that position be designated as such as provided in the
City Charter.
Section 2. That Gladys J. Villar be, and is, hereby
appointed to serve as Deputy Clerk of the City of South Miami.
PASSED AND ADOPTED this day of , 1992.
APPROVED:
ATTEST:
MAYO R
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
13
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING-THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PERMITTING "LABORATORY: MEDIAL
OR DENTAL" UNDER SECTION 20-3.3 (D) OF THE PERMITTED
USE SCHEDULE IN RO DISTRICTS; PROVIDING FOR SEVER -
ABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use for
a "Laboratory: Medical or Dental" in R0 Districts; and
WHEREAS, the Mayor and City Commission believe this use is
compatible with the purposes of the RO Districts and therefore
wish to amend the Land Development Code to provide for "Labor-
atory: Medical or Dental" in RO Districts in the permitted use
schedule;
NOW, THEREFORE, BE IT ORDAINED aY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section.i:. Section 20 -3.3 (D) be, and hereby is, amended
to read as follows
C P
- -- --- =- - -- --= --= =-- ZONING -DISTRICTS _ -_ 0 A
R L M �N -S G w I H D K
0 `0 O R R R S G
Laboratory:
Medical & Dental P P P p p p 9
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 are, hereby repealed.
Section 4 This 0 d'
A. finance shall take effect immediately at
the time of its passage.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY'
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 5-91 -
1470 BY REPEALING THE S 300.00' FINE 'FOR 'THOSE PERSON
WHO HAVE FAILED TO EVER OBTAIN AN OCCUPATIONAL LICENSE
AND PROVIDING FOR FINE AS PROVIDED BY STATE STATUTE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance first enacted in 1948, the City of
South Miami, Florida required occupational licenses; and
WHEREAS, thereafter in Ordinance 5--91 -1470, passed March 51
1991, the City of South Miami imposed a $ 300,00 fine for those
persons who have failed to ever obtain an occupational, license
(ass compared to persons whose license has not been timely
renewed);
WHEREAS, still more recently, the City amended the
Ordinances to provide a grace period of seven calendar days from
the date of notification of the failure to obtain such
occupational license within which the person who has failed to
obtain such license may obtain it without fine; and
WHEIMAS, there still remains an inequity in that immediately
after that period, the fine of`$`300.00,is far greater than that
charged to persons who once obtained a license, but have not
renewed for months or years, pay a far lower fine,
NOW, - THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sub - Section 25 a) of Ordinance 5 -91 -1470 be, and
hereby is, amended to read as follows:
Any person engaging in or managing any business,
occupation or profession without aver having first
obtained a local occupational license, if required
hereunder, shall be subject to a penalty of twenty -five
percent (25$1 of the license determined to be due, in
addition to any other penalty provided by law or
ord nance
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
e
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.
Section 4. This Ordinance shall take effect immediately at
the time of its Passage, effective retroactively to March 5,
1991.
PASSED AND ADOPTED this th day of
1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
= A
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA; DELETING CHAPTER
16 "TAXICABS" FROM THE CODE OF ORDINANCES; PROVID-
ING FOR SEVERAHILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance first enacted in 1964, the City of
South Miami, Florida enacted an Ordinance regulating Taxicabs,
which Ordinance was thereafter amended and is presently codified
as Chapter 16 of the Code of Ordinances;
WHEREAS, thereafter effective 1981 Metropolitan Dade County
pursuant to the powers granted it under the Home Rule Charter,
enacted an Ordinance codified as Section 31 -93 (9) which
provided:
The provisions of this article shall be the
exclusive regulations applicable to the
Provision of and operation of for -hire motor
vehicle transportation services in Dade Coun-
ty. Notwithstanding the provisions of any
municipal ordinance, resolution or agreement
to the contrary, from and after the effective
date of this article no municipality shall
authorize, establish, change, alter, amend,
or otherwise regulate for -hire transportation
in Dade County. Regulations established by
this article shall be uniform throughout bade
County both in the incorporated and unincorp-
orated areas without regard to municipal
boundaries. All municipal ordinances or r'ea-
olutions to the contrary are hereby super -
seded and rescinded.
thus making Chapter 16 obsolete;
WHEREAS, the Mayor and Commission therefore wish to amend
the Code of Ordinances by deleting the existing Chapter 16;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 16 "Taxicabs" of the Code of Ordinances
of the City of South Miami, Florida be, and hereby is deleted, in
its entirety, except for the title "Chapter 1611, which is
reserved for future subject matter.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
16
Yi
t
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 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
JU 2
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
REVOKING THE EXISTING CHAPTER 11 GARBAGE AND TRASH"
OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
FLORIDA, AND ENACTING A NEW CHAPTER 11 "SANITATION
REGULATIONS;" PROVIDING FOR SEVERABILITY; ORDINANCES
IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the `ity -) f _South Miami. Florida has heretofore
enacted a Code of Ordinances, which in Chapter 11 thereof provides
for the recu ation of carbace and trash: and
WHEREAS. since the last codification in 1970, substantial
chances :n 2�tate 1.aw and Municioai practice have affected the
zeculation of aarbaae and trash: and
WHEREAS? the Mayor and City Commission therefore wish to amend
=he City's Code of Ordinances to provide for these chances in law and
DTactice:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The existing Chapter 11 "Garbage and Trash" of the
Code of Ordinances of the City of South Miami, Florida be, and the
same hereby is, deleted in its entirety and the attached Chapter 11
"Sanitation Regulations" be, and hereby is, enacted.
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 are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at the
time of its passage.
=ASSF.D AND ADOPTED this th day of 1992.
APPROVED:
MAYOR
ATTEST:
- ITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
K
CHAPTER 11
SANITATION REGULATIONS
SECTION 11 -1: DEFINITIONS
The following words and phrases when used in this Chapter shall
have the meaning ascribed to them in this section.
a) CITY MANAGER shall mean the chief executive officer and
head of the administrative branch of the City or his duly
authorized agent or representative.
b) GARBAGE - is animal and vegetable waste resulting from
handling, preparing, cooking and serving foods. It
originates primarily in kitchens, stores, markets,
restaurants, and hotels. Composed largely of putrescible
organic matter and its natural moisture content. When
carelessly stored, garbage often becomes a source of food for
rats and other vermin and -a breeding place for flies.
c) GARBAGE CAN is a container made of galvanized metal,
durable plastic or other similar material capable of
containing garbage, with a capacity of not less than twenty
(20) gallons and not more than thirty -two (32) gallons and
having the following characteristics: (1) At least two
handles upon the sides or a bail by which it may be lifted.
(2) Sufficient strength for workmen to empty conveniently.
-(3) A tight - fitting metal or plastic top with handle, and
constructed to permit the free discharge of its contents.
d) GARBAGE BAG - is a polyethylene or other heavy -duty plastic
bag, which meets the National Sanitation Foundation standard
for thickness, 1.5 mills, has a capacity not to exceed
thirty -two gallons, and has a securing mechanism.
e) _CONTAINERIZED WASTE shall mean material such as paper
boxes, excelsior, rags, wooden boxes or containers, non
recyclable bottles, non recyclable cans, sweepings and all
other accumulations other than garbage, which are usual to
housekeeping and to the operation of stores, offices and
other business places. Containerized waste may be mixed for
collection with household garbage. Residential household
garbage and waste will be collected twice a week by garbage
crews.
f) YARD TRASH - shall mean leaves, grass cuttings, tree
branches, twigs and tree cuttings. Hedges and tree
trimmings, old flowers and weeds, shrubbery and vines. Yard
trash shall be collected weekly by crane crews. Bundled yard
trash is clean yard trash which is gathered etc., etc.
g) RECYCLABLE MATERIAL - shall mean any material which is
capable of being recycled and which, if not recycled, would
be processed and disposed of as solid waste. The term
"recyclable material" shall include green glass, brown glass
and clear glass; aluminum and plastic containers, mixed
paper, newspaper, phone books. Recyclable materials will be
collected at curb -side on scheduled collection days.
h) RECYCLING CONTAINER - is a plastic receptacle furnished by
the City only for the purpose of recyclable material as
described in Section g.
i) LITTER - shall mean any form of solid waste that is tossed
out or thrown around indiscriminately on the public right-of-
way or private property.
j) BULKY WASTE WHITE GOODS - shall mean discarded furniture,
appliances such as, stoves, water heaters, dryers, bathtubs,
2
sinks and any other like items, refrigerators, washing
machines, sofas, chairs, mattresses, large tree cutting and
other large items that may require special handling at the
home owners cost.
k) HAZARDOUS WASTE REQUIRING SPECIAL HANDLING - shall mean solid
waste materials which, because of its quantity,
concentration, or physical, chemical or infectious
characteristics, explosive, radioactive, or toxic nature,
requiring specialized handling for safe disposal by licensed
private haulers.
1) SOLID WASTE shall mean garbage, trash, or other
discarded material, including solid, liquid, semi - solid, or
contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural or governmental
operations.
SECTION 11 -2: COLLECTION IN THE CITY
All garbage, trash and waste accumulated within the City limits
shall be collected, conveyed, and disposed of by and through the
Department of Public Works of the City or a private licensed
waste collection firm.
SECTION 11 -3. PERMIT REQU
FOR COLLECTION AND DISPOS.
TCENSEES.
a) No person, firm or corporation shall, for a fee, collect,
transport or dispose of garbage or waste including hazardous
waste within the City limits without a written permit. The
permit shall be issued by the City Manager only after
determination that the licensee is capable of complying with
the requirements of this chapter and with all other governing
laws and ordinances, and is subject to suspension or
revocation in the event such regulations and laws are
notcomplied with. The City shall receive a permit fee of
3
r y
three thousand dollars ($3,000.00) for any permit. Payable
on or before October 1 of each year, with said permit
expiring September 30 of each year unless sooner terminated
or voluntarily surrendered by licensee. The permit required
by this section shall be in addition to any occupational
license which may be required by law. Renewals shall be at
the fee in existence at the time of renewal.
b) Applications for a permit shall be made to the Department of
Public Works upon such form and in such manner as shall be
prescribed by the Director, said form to elicit the following
information and to be accompanied by supporting documents and
such other information as may be required by the Department
from time to time.
c)- Name of applicant. In addition to the name of the applicant,
if the applicant is a partnership or corporation, the name(s)
and business address(es) of the principal officers and
stockholders and other persons having any financial or
controlling interest in the partnership or corporation.
Provided, however, that if the corporation is a publicly
owned corporation having more than twenty -five (25)
shareholders, then only the names and business addresses of
the local managing officers shall be required.
d) Character of applicant. The applicant for a permit under
this section, if an individual, or in the case of a firm,
corporation, partnership, association or organization, any
person having any controlling or managerial interest therein,
shall be of good moral character. Criminal histories and
finger prints shall be required with all applications.
e) Business history. Whether such applicant has operated a
solid waste collection- removal business in this or another
state, whether a permit or license has ever been revoked or
4
.--.± i ...:•, ,,.�.,:Ea- +1-�.r,- rte, -n'.", i
I F
suspended and the reasons therefore.
f) Existence of business entity. If applicant is a corporation,
applicant shall submit proof of incorporation in good
standing in the state of incorporation and, if a foreign
corporation, applicant shall provide information certifying
that applicant is qualified to do business in the State of
Florida. If applicant is other than a corporation and is
operating under a fictitious name, applicant shall be
required to submit information that such fictitious name Ls
registered and held by applicant.
g) Equipment and method of operation. The applicant for a
permit shall possess equipment capable of providing safe and
efficient services. In making such a determination and
approving the method of operation for each applicant, the
department shall require the following information:
1) The type, number and complete description of all
equipment to be used by the applicant for providing
service pursuant to this chapter.
2) A statement that applicant
disposal sites for disposing
trash, industrial waste, and sc
applicant collects and removes.
with all applicable State
recycling of waste and garbage.
will use only approved
of all garbage, garden
slid waste material which
Applicant shall comply
requirements regarding
3) The names of customers, the addresses of each location
served, and schedule of rates of the company.
h) Insurance requirements. The applicant for a permit shall
maintain insurance as specified herein and shall furnish a
public liability policy to the department and also file with
the department a certificate of insurance for all policies
5
written in the applicant's name.
in his own name a policy covering
not less than three hundred tho
per occurrence for bodily injury
($50,000.00) per occurrence for
regarding comprehensive general
The applicant shall carry
his operations in an amount
usand dollars ($300, 000.00)
and fifty thousand dollars
property damage liability
liability. The applicant
shall carry in his own name a policy covering his operations
in an amount not less than one hundred thousand dollars
($100,000.00) per person, three hundred thousand dollars
($300,000.00) per occurrence, for bodily injury and fifty
thousand dollars ($50,000.00) per occurrence for property
damage liability regarding automobile liability insurance.
i) The completed application shall be submitted to the
department. Upon receipt of a completed application, the
Director or a designated representative shall review said
application and, if satisfactory in all respects, and after
payment of required fees, the City Manager shall issue the
permit.
j) Should the City Manager deny an application for a permit, he
shall notify the applicant of such denial by certified mail
not later than fourteen (14) days after taking such action.
k) Should the City Manager issue a permit, the permit for the
collection of solid waste issued under the provisions of this
chapter may not be assigned or transferred. In the event of
any change in ownership and /or name of the corporation or
partnership, formal notification shall be given the City
within thirty (30) days thereof.
SECTION 11 -4. PREPARATION OF WASTE TO BE COLLECTED
a) All garbage shall be drained and wrapped before depositing
in the collection container.
��
6
b) No bundled yard trash may exceed lengths of four (4) feet
nor weigh more than fifty (50) pounds. All yard trash shall
be placed at the curb -side on the right -of -way adjacent to
the owner's property for special collection once a week. Yard
trash exceeding the maximum allowable volume of (1/2) one
half truck (2.5 tons) load may be picked up at extra cost to
the owner as set forth in this; Chapter. Each resident may
call for special collection for bulky waste as described in
11 -1(j) of this Chapter, and pay a disposal fee of $30.00 for
each item collected. The property owner will be responsible
for payment of fee, when items are collected from the right-
of -way adjacent to their property.
c) Commingling of yard trash with garbage is prohibited
effective .January 1, 1992, and shall constitute a violation
of this Chapter. Yard trash shall be kept separate from
other forms of solid waste when placed at curb -side for
collection.
d) Recyclable material shall be put inside the containers
provided by the City at curb -side on scheduled collection
days. The containers and their contents shall be the
property of the City and shall be replaced only upon payment
of the fee established by the City for replacement.
SECTION 11 -5. GARBAGE AND WASTE CONTAINERS
a) Number and size. Each residence may provide up to two
containers, which shall not exceed 32 gallons and not less
than 20 gallons. No yard trash shall be deposited in garbage
containers for collection.
7
z s
b)
Approval of containers. All containers used within the City
shall meet all requirements of this Chapter, and are subject
to inspection by the Public Works Department. The owners of
containers which are determined to be unsafe or unsanitary,
will be notified to dispose of or make them sanitary.
Failure to comply will result in such containers being
removed by the Public Works Department.
SECTION 11 -6. DUTY TO DISPOSE OF SOLID WASTE AND PREVENT
ACCUMULATIONS
a)
It shall be unlawful for the owner, manager, occupant, lessee
of, or other person responsible for any lot, parcel or tract
of land in any part of the City to deposit, store, keep, or
maintain, or permit to be deposited stored, kept or
maintained solid waste which is not containerized, except for
the purpose of composting yard trash. Any composting project
shall not cause any obnoxious odors or become a nuisance to
the surrounding area. Such material shall not be kept on any
adjoining up blic rights -of -way or easements.
b)
Service points. Garbage containers and other containerized
waste must be placed at curb -side for collection. Containers
shall be placed at curb -side the day of collection before
7:00 a.m. and removed within twenty -four (24) hours after the
scheduled collection day.
c)
Citizen Information. From time to time the City will place
informational material on a door hanger regarding service,
such door hangers shall not be construed as hand bills as
stated in Ordinance No. 579, 13, 19- 17 -67.
d)
Commercial containers (dumpste'rs included.) Commercial
containers shall be placed' at a location designated by the
Public Works Department for collection. The owner, tenant or
manager, shall not permit the accumulation of waste 'around
the area.
8
u
e 4
e) Commercial collection. Commercial collection by the City,
shall be scheduled by the City's Public Works Department and
based on the needs of the establishment requiring the
service.
SECTION 11 -7. COMMERCIAL COLLECTION FEE SCHEDULE
a) The fees for collection of waste from commercial establish-
ments including apartments, hotels and motels from approved
garbage containers as described in this chapter shall be as
set forth herein for the number of containers and frequency
of collection.
1) 30 gallon container:
Class No. Collections per week Monthly fee
✓ 6 2 $14.18
7 5 $36.50
2) Additional for each container above minimum:
Class No. Monthly fee
6 $22.58
7 $22.58
b) The fees for collection of waste from commercial
establishments including apartments, hotels and motels from
approved City - owned and privately -owned and maintained bin-
type containers shall be as set forth herein for the capacity
and frequency of collection.
1) One cubic -yard dumpster:
Class No. Collection per week Monthly fee
9 2 $105.30
10 3 155.72
11 5 180.94
2) Two cubic- yard dumpster:'
13 2 $,146.26
14` 3' 215.59
15 5 259.72
e a
c) Special waste handling fee.
items is $30.00 each:
Box Springs _mattress
refrigerator washer
water heater furniture
Disposal cost for the following
television dishwasher
dryer stove
Large tree cutting: One half (1/2) truck load, 16 cubic yards
$112.50; one full load, 32 cubic yards $225.00.
SECTION 11 -8. ENFORCEMENT; INSPECTIONS BY CITY
a) The City Manager shall have the authority to enter, at all
reasonable times, upon _private property for the purpose of
inspecting and investigating conditions relating to the
enforcement of the provisions of this Chapter.
b) It shall be a violation of this Chapter for any person, firm
or corporation not authorized by the City Manager to collect
or dispose of any newspaper or other recyclable items or
containers which has been specifically placed for collection
in the recycling program. It is not the intent of this
section to prohibit any nonprofit - organization from
soliciting newspapers, cans, or bottles for the purpose of
resource recovery and recycling.
SECTION 11 -9. BILLING; PAYMENT; DUE DATES
a) Billing for service. In all cases the bill for service under
this Chapter shall be the joint and several liability of and
charged to and paid by the owner, tenant, users and /or
occupant of the property for which the service is rendered.
All owners, tenants, users and /or occupants shall give the
City notice thirty (30) days prior to moving, and shall have
the responsibility of terminating any account with the City.
b) Pa sent of fees. The fetes prescribed in Section 11-7 are due
and payable on the first day of each month. Such fee shall
10
r ,a
e
become delinquent if not fully paid on or before due date ten
(10) days from the first day of each month.
c) Fractional billing. When services commence during a calendar
month, no charge will be made for periods of ten (10) days or
less in any one month, but eleven (11) days or more shall be
interpreted to mean one month and shall be so charged.
d) Exemption from fees. There shall be no exemptions for the
payment of fees, except that establishments employing and
using the services of a private waste collector holding a
valid permit shall not be liable for the payment of waste
fees as would otherwise be required hereunder so long as such
employment and use continues. No vacancy allowances will be
permitted
SECTION 11 -10. FEES SHALL CONSTITUTE LIENS
a) For service of waste collection and disposal by the City or
the availability of such service, all improved property shall
be liable for the payment of the waste collection fees. All
fees becoming due and payable shall constitute and are hereby
imposed as special assessment liens against the real property
aforesaid and, until fully paid and discharged or barred by
law, shall remain liens of equal rank and dignity with the
lien of the City ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and claims
in, to or against the real property involved. All delinquent
fees shall bear a penalty of one and one -half per cent per
month from the due date until fully paid. Unpaid and
delinquent fees, together with all penalties" imposed thereon,
shall remain and constitute special assessments against the
4 4
173, Florida Statutes, or the enforcement of payment thereof
may be accomplished by any other method authorized by law.
b) The City Manager is authorized and directed to execute and
deliver upon request written certificates certifying the
amount of waste fee due upon any parcel of real property
subject to the payment of such fees, or certifying that no
waste fees are due, which certificates shall be binding upon
the City. The City Manager shall make rules and regulations
prescribing uniform procedures governing the administration
of the provision of this Chapter and providing procedures for
the payment of waste liens in periodic installments and the
cancellation of waste liens, which rates and regulations when
approved by resolution of the City Commission and filed in
accordance with the requirements of this Code shall have the
force and effect of law.
� T J
Al
Y
MARTIN DAVID BERG, P A.
ATTORN ;T AT LAW
IS W[sT FLAGL[R7TR[[T
GUIT[ 902, YISCAYN[ BLDG.
MIAMI. FLORIDA 73130
1300► 371.1671
March 5,_1992
Messrs. Edward L. Magill,
Francis A. C. Sevier and Oswald H.
Magill and Lewis p, A. Court'
7211 s. W. 62nd Avenue
Suite 200
South Miami, Florida 33143
Re Magill, Sevier and
Coury
air conditioning screening
Gentlemen; 7211 S. W, 62nd Avenue
This is to acknowledge receipt of your letter of February 28, 1992.
In Your letter, you state I1
Classic Air, without t Y °ur air conditioning contractor,
Permission Your knowled9e, authority, agreement or
submitted three proposals to the City of
regarding the screenin of Y South Miami
difficulty these units." However, whatever
ty arose between you and your contractor is not the
responsibility of the City of South Miami.
The contractor was aware of the ERPB ".Meetin• of January
and acted as your a 9
pparent representative at that meeting. 1992
Further, i do not understand why
machinery on a roof, which machinery islnotescreeCOndiIs conditioning
"exposed machinery ". I agree with the reason of i not
and Zoning Department.
reasoning of the Building
Thug, your next step would be to o before
appeal the administrative decision. In thattre City Commission to
Rosemary Wascura, the City Clerk, to scheduleeyour' appeal contact
mutually acceptable time. If appeal for a
it would reverse the adminIf the Commission hen a
matter in the green with you,
manner you believe correct, and thus resolve the
Very truly. you s,
MDH /mmi ..
MARTIN DAVID BtR
cc! Sonia Lama, Building and Zoning Director
William F. Hampton, City Manager
Rosemary Wascura, City `Clerk
Cathy McCann., Mayor
V
9,2/ 1
-211 SOUTHWEST 62ND AVENUE.
=uiTE 200
`PIAMI. 'LORiDA 33143
-]AMP 13C51 662 9999
Z:^WARp _ MAGiI__ aaOWAAO l3C5i 467..2.
:ax 13C5i 666-C9C7
March 23, 1992
Mayor Cathy McCann and Commission Members
c/o Rosemary Wascura, City Clerk
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
Dear Mayor McCann and Commission Members:
We, the owners (Edward L. Magill,. Esq., Francis
A.C. Sevier, Esq. and Oswald H. Coury, M.D.) of the real
property located at 7211 S.W. 62 Avenue respectfully request
a hearing before the City Commission on 21 April 1992.
The reason for the request, succinctly stated, is
simply that we do not believe, and we do not believe the
evidence supports the decision of the South Miami Zoning and
Building Board that the provisions of §20 -4.5 of the South
Miami Code requiring the "screening" of exposed machinery
applies to replacement air conditioners which are encased by
the manufacturer is a correct statutory construction. We
contest that construction as totally untenable.'
We estimate that the hearing, from our point of
view, will consume about one (1) hour. We request adequate
time to present expert testimony on the issue.
Sincerely yours, ,
EDWARD L: GILL
FRANCIS A. C. SEVIER OSWALD H. COURY, M.D.
ELM :mma
cc: Mayor Cathy McCann
Thomas Todd Cooper, Vice Mayor
Commissioner Betty Banks
Commissioner Neil Carver
Commissioner Ann B. Bass
U:CTICN 20 -4.6 TNVIRQNMENTAL_REVi!W
20 -4.6 ENVIROK!lElt AL REVIEW STANDARDS
':he following standards snali be utilized by the �zviron�nental
Review and Preservation Board in their review and evaluatl.on c ai-
site and Landscape plans as required by this Code.
(A) Natural Environment
'1) Proposed development shall be designed in such a manner
so as to preserve and protect existing environmentally -
sensitive-.'lands and natural resources, such as and
including soils, ground water, surface water, shorelines,
vegetative 'communities, fisheries and wildlife habitats.
(2) Natural Landscaping shall be retained, insofar as _s
practical, and additional landscaping shall be added, i°
necessary, to improve the overall visual quality of the
proposed °development.
(B) Buildings and Other Structures
Proposed structures shall be related harmoniously to the
natural terrain, existing buildings and surrounding
neighborhood.
(C) Circulation and Parking
(1) With respect to vehicular and pedestrian circulation,
special attention shall be given to the location and
number of access points, general interior circulation,
separation of pedestrian and vehicular traffic and
arrangement of parking areas.
(2) Such areas shall be safe and convenient and not detract
from the design of proposed buildings and neighboring
properties.
(D) Signs and Storage
(1) The size location, design, color, texture, lighting and
materials utilized in all proposed exterior signs or
advertising structures shall not detract from the overall
residential ambience of the comsunity or the design of
proposed buildings and surrounding properties.
(2) Exposed storage areas, machinery, service areas, utility
buildings and structures and similar accessory areas and
structures shall be subject to such placements, screen
plantings or other screening methods as shall reasonably
be required to prevent their being incongruous with the
LDC: existing or contemplated environment and surrounding
properties.