11-03-92OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
November 3, 1992
7:30 p.m.
Next Resolution:
Next Ordinance:
Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
D. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report awvj
�Ja
3. Approval of Minutes: 10/5/92
ORDINANCES - 2ND READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending Section 20 -6.2 (A) of the Land Development
0 Code of the City of South Miami, to provide decisions of the Environ-
mental Review and Preservation Board are final after the fifteen day
appeal period; providing for severability; providing for ordinances
in. conflict; and providing an effective date.
(Mayor McCann) �� 3/5
5. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending Section (J) 4 of the Land Development Code
of the City of South Miami, by excepting screen enclosures for town-
houses (RT -6) from the side and rear setbacks otherwise required;
providing for severability; providing for ordinances inconflict; and
providing an effective date. d
(Vice Mayor Cooper) .S � 4/5
.y ®>
6. An Ordinance of the City of South Miami, Florida, amending Section
20 -3.3 (D) of the Land Development Code of the City of South Miami,
Florida by deliting GR from Wholesale Sales & Storage, providing for
severability, ordinances in conflict, and an effective date.
b (Mayor McCann) 3/5
7. An Or?inance of the Mayor and City Commission of the City of South
Miami, Florida authorizing the sale of a portion of South 'Miami field
legally described hereinbelow to the Dade County School Board for the
sum of $183,750.00 upon the basis that the said land is not presently
(D serving any public,purpose; providing for deposit of the proceeds into
account number 05- 1310 - 69.200 "Revolving Trust Fund ;" providin'g for
severability; providing for ordinances in conflict; and providing
an effective date.
30 (Adminis ration) — 4/5
i G
RESOLUTION FOR PUBLIC HEARING:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, approving a request pursuant to Sec. 20 -3.6 (J)(1) of
the Land Development Code for a variance to allow a side swimming
pool setback of eight (8) feet where ten(10) feet is required and a
rear swimming pool setback of ten (10) feet where twelve and one half
(12.5) feet is required by Lillian Levine from the Planning Board of
the City of South Miami, Florida for the property known as 6351 SW
62 Terrace, South Miami, Florida 33143 and legally described herein-
below.
e� - � F� (PB /Administration) 4/5
RESOLUTIONS-
3o- q�j_ - qi 335-
9. A Resolution of the Mayor and City Commission of the City of Sout
Miami, Florida, advocating a comprehensive, aggressive state of V
Florida container deposit law.
(Mayor.McCann) 3/5
f
OFFICIAL AGENDA
November 3 1992
Page 2
RESOLUTIONS:
10. A Resolution of the Mayor and City Commission of the City of South
Miami,' Florida, denying an appeal by Secisa International Ltda., Inc.,
from a decision of the Environmental Review and Preservation Board
to not approve requested signage for the property known as Hotel Vila
5959 SW 71 Street, S uth Miami, Fl- rid a, 33143 a d legally describe
hereinbelow.
(City Attorney 3/5
11. A Reso ution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a waiver of bid procedures for the
City's Recreation Department for purchase of turf maintenance V
w equipment as set forth hereinbelow upon the basis that three is one
source of supply; authorizing the expenditure of $2,995.00 to De
V,�} O
" Bra Turf & Industrial Equipment Co'. for this equipment; and chargingl
the d1sburseme,nt to account No. 2000 -6430 "Equipment Operating."
(Administration) 3/5
12. A Resolution of the Mayor and City Commission of the City of South V L
Miami, Florida, authorizing the City Administration to disburse a
sum not to exceed $11,159.00 to Pride of Florida, the lowest qualified
bidder, for the purchase of an Atlas map and providing for disbursement
from ;account number: 1610 -3100, "Building and Zoning Department -
Professional Services.
(Administration) 3/5
13. A Resolutionof the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to disburse a
Q
sum not to exceed $2,295.00 to Gateway 2000, the lowest qualified H,D
bidder, for the purchase of a computer with a 80486 processor and
providing for disbursement from account number 1610- 6430, "Building
and 'Zoning Department - Operating Equipment."
(Administration) 3/5
14. A Resolution of the Mayor and City Commission of the City of South
Miami Florida, authorizing the purchase of six 1993 Ford Crown
yQ Vict'oria Police Vehicles with accessories for the Police Department
' for a total price not to exceed $76,224.00 and providing for disburse-
ment from account number 1910- 6430; "Operating Equipment.
(Administrati'on) 3/5
15. A Resolution of the Mayor and City Commission of the City of South
Miami Florida, authorizing a waiver of bid procedures for the City I s,�,D
Police Department for purchase of one 1993 FXRP Harley Davidson
® Motorcycle with accessories pursuant to the attached exhibit, as��
set forth hereinbelow upon the basis that there is one source of
supply; authorizing the expenditure of $7,335.00 to Harley Davidson
of Miami, Inc. for this equipment: and charging the disbursement
to account No. 1910 -6430 "Operating Equipment."
(Administration) 3/5
5-333
16. 16. A Resolution of the Mayor and City Commission of the City of South 7;
Miami, Florida, authorizing the City Manager to disburse the sum of(�
14-0 $2,660.32 representing fees incurred for legal services by Gregory--:--
Borgognoni of Ruden, Barnett ETAL, regarding the Bakery Centre
application and charging the disbursement to account number 2100 -9950:
"Reserve for Re- Encuarbances."
%'Jution � (Administration) 3/5
17. A Re of the Mayor and C ity Commission of the City of South
Miami', Florida, authorizing the City Manager to disbuse the sum of 1'
a $700.00 representing fees for legal services rendered by Gregory o�
IT ° Borgognoni of Ruden, Barnett ETAL, in the cases of Mandestam vs.
City of South Miami, $227.50; and charging to account number 2100 -
9950 "Reserve for Re- Encumbrances."
( (Administration) 3/5
OFFICIAL AGEND ;.
November 3, 1992
page 3.
RESOLUTIONS:
/ 0� y (0 9
18. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, assuring the Federal Insurance Agency of the City's
intent to adopt regulations and procedures consistent with section
0 0 of the National Flood Insurance Program Regulations vesting
the building official with certain responsibilities and duties; andL/_0
agreeing to take such action necessary to execute the objectives
of the National Flood Ins °urance program.
(Administration) �„ 3/3
ORDINANCES 1ST READING:
19. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING FINDINGS OF FACT; PROVIDING A SHORT TITLE;
PROVIDING A STATEMENT OF PURPOSE; PROVIDING OBJECTIVES; PROVIDING
DEFINITIONS; PROVIDING JURISDICTION PROVIDING A BASIS FOR
ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR
ESTABLISHMENT OF DEVELOPMENT PERMITS; PROVIDING FOR COMPLIANCE;
PROVIDING, FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING FOR
INTERPRETATION, PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR DESIGNATION OF
LOCAL ADMINISTRATOR; PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES
l\ FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL STANDARDS FOR
FLOOD HAZARD, REDUCTION; PROVIDING SPECIFIC STANDARDS FOR FLOOR
HAZARD REDUCTION; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
`J AND PROVIDING FOR AN EFFECTIVE DATE
(Administration) 3/5
20. An Ordinance -of the Mayor and City Commission of the City of South. 0
Miami, Florida, abandoning that alley commonly known as 41st Street
Bird Road Alley and legally described hereinbelow; providing for
severability; providing for ordinances in conflict; and providing`/
an effective date.
(Administration) 4/5
21. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the sale of a portion of the "Old South
Miami Plant Nursery legally described hereinbelow to Habitat for �C7
Humanity Inc. for the sum of $1.00 upon the basis that the said Land
is not presently serving any public purpose; that quality low cost /�if�
housing is needed inthe City of South Miami, Florida; and that (V((JJ
Habitat for Humanity has a proven record of providing quality lower
cost housing; providing for severability; providing for ordinances
in conflict, and providing an effective date.
(Mayor McCann) 4/5
22. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the Land Development Code of the City of �&
South Miami, Florida, by providing a definition of "Shopping Cent��
in Section 20 -3; providing for severability; ordinances in conflict;
and an effective date.
(Mayor,McCann & Commissioner Carver 3 /5
REMARKS:
None
Pursuant to Fla..Stat.266.0105, the City hereby advises the public that
if a person decides to appeal any decision made by this board, agency or
commission with respect to any matter considered at its meeting or hearing,
he will need a record of the proceedings, and that for such purpose,
affected person may need to ensure that a verbatim record of the proccedings
is made which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the
City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law."
3
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
November 3, 1992
7:3,0 p.m.
Next Resolution:
Next Ordinance:
Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
D. Items for Commission Consideration:
1. City Manager's Report
2. Citv Attorney's Report
3. Approval of Minutes: 10/5/92
ORDINANCES - 2ND READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending Section 20 -6.2 (A) of the Land Development
Code of the City of South Miami to provide decisions of the Environ-
mental Review and Preservation Board are final after the fifteen day
appeal period; providing for severability; providing for ordinances
in-conflict; and providing an effective date.
(Mayor McCann) 3/5
5. An Ordinance of the Mayor and City Commission of the City of South
Miami Florida, amending Section (J) 4 of the Land Development Code
of the City of South Miami, by excepting screen enclosures for town -
houses (RT -6) from the side and rear setbacks otherwise required;
providing for s`everability; providing for ordinances inconflict; and
providing an effective date.
(Vice Mayor Cooper)
4/5
6. An Ordinance of the City of South Miami, Florida, amending Section
20 -3.3 (D) of the Land Development Code of the City of South Miami,
Florida by deliting GR from Wholesale Sales & Storage, providing for
severability, ordinances in conflict, and an 'effective date.
(Mayor McCann) 3/5
7. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida authorizing the sale of a portion of South Miami field
legally described hereinbelow to the Dade County School Board for the
sum of $183,750.00 upon the basis that the said land is not presently
serving any public purpose; providing for deposit of the proceeds into
account number 05- 1310- 69.200 "Revolving Trust Fund;" providing for
severability; providing for ordinances in conflict; and providing
an effective date.
(Administration) 4/5
RESOLUTION FOR PUBLIC HEARING:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, approving a request pursuant to Sec. 20 -3.6 (J)(1) of
the Land Development Code for a variance to allow a side swimming
pool setback of eight (8) feet where ten(10) feet is required and a
rear swimming pool setback of ten (10) feet where twelve and one half
(12.5) feet is required by Lillian Levine from the Planning Board of
the City of South Miami, Florida for the property known as 6351 SW
62 Terrace, South Miami, Florida 33143 and legally described herein -
below.
(PB /Administration) 4/5
RESOLUTIONS:
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, advocating a comprehensive, aggressive state of V
Florida container deposit law.
(Mayor McCann) 3/5
11
OFFICIAL AGENDA
November 3, 1992
page 2
RESOLUTIONS:
10 A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, denying an appeal by Secisa International Ltda., Inc.,
from a decision of the Environmental Review and Preservation Board
to not approve requested signage for the property known as Hotel Vila
5959 SW 71 Street, South Miami, Florida, 33143 and legally described
hereinbelow.
(City Attorney) 3/5
11. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing -a waiver of bid procedures for the
City's Recreation Department for purchase of turf maintenance
equipment as set forth hereinbelow upon the basis that three is one
source of supply; authorizing the expenditure of $2,995.00 to be
Bra Turf & Industrial Equipment Co. for this equipment; and charging
the disbursement to account No. 2000 -6430 "Equipment Operating."
(Administration) 3/5
12. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to disburse a
sum not to exceed $11_,159.00 to Pride of Florida, the lowest qualified
bidder, for the purchase of an Atlas map and providing for disbursement
from account number: 1610 -3100, "Building and Zoning Department -
Professional Services."
(Administration) 3/5
13. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to disburse a
sum not to exceed $2,295.00 to Gateway',2000, the lowest qualified
bidder, for the purchase of a computer with a 80486 processor and
providing for disbursement from account number 1610- 6430, "Building
and Zoning Department - Operating Equipment."
(Administration) 3/5
14. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of six 1993 Ford Crown
Victoria Police Vehicles with accessories for the Police Department
for a total price not to exceed $76,224.00 and providing for disburse-
ment from account number 1910 -6430; "Operating Equipment."
(Administration) 3/5
15. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a waiver of bid procedures for the City's
Police Department for purchase of one 1993 FXRP Harley Davidson
Motorcycle with accessories pursuant to the attached exhibit, as
set forth hereinbelow upon the basis that there is one source of
supply; authorizing the expenditure ofl$7,335.00 to Harley Davidson
of Miami, Inc. for this equipment: and ',charging the disbursement
to account No. 1910 -6430 "Operating Equ!ipment."
(Adm',inistration) 3/5
16. A Resolution of the Mayor and City Comm',ission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum of
$2,660.32 representing fees incurred for legal services by Gregory
Borgognoni of Ruden, Barnett ETAL, regarding the Bakery Centre
application and charging the disbursement to account number 2100 -9950:
"Reserve for Re- Encurcrbances . "
(Administration) 3/5
17. A Resolution of the Mayor and C ity Commission of the City of South
Miami, Florida, authorizing the City ,Manager to disbuse the sum of
$700.00 representing fees for legal services rendered by Gregory
Borgognoni of Ruden, Barnett ETAL, in the cases of Mandestam vs.
City of South Miami, $227.50; and charging to account number 2100-
9950: "Reserve for Re-Encumbrances."
(Administration) 3/5
1
OFFICIAL AGENDA
November 3, 1992
page 3.
RESOLUTIONS:
18. A- Resolution of the Mayor and City Commission of the City of South
Miami, Florida, assuring the Federal Insurance Agency of the City's
intent to adopt regulations and procedures consistent with section
60 of the National Flood Insurance Program Regulations; vesting
the building official with certain' responsibilities and duties; and
agreeing to take such action necessary to execute the objectives
of the National Flood Insurance program.
(Administration) 3/5
ORDINANCES -1ST READING:
19. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING FINDINGS OF FACT; PROVIDING A SHORT TITLE;
PROVIDING A STATEMENT OF PURPOSE; PROVIDING OBJECTIVES; PROVIDING
DEFINITIONS; PROVIDING JURISDICTION PROVIDING A BASIS FOR
ESTABLISHING AREAS OF SPECIAL -_ FLOOD HAZARD PROVIDING- FOR
ESTABLISHMENT OF DEVELOPMENT PERMITS PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING FOR
INTERPRETATION; PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR DESIGNATION OF
LOCAL ADMINISTRATOR; ,PROVIDING `PERMIT PROCEDURES; PROVIDING DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES
FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION; PROVIDING SPECIFIC STANDARDS FOR FLOOR
HAZARD REDUCTION; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS;
PROVIDING FOR'SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Administration) 3/5
20. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, abandoning that alley commonly known as 41st Street
Bird Road Alley and legally described hereinbelow; providing for
severability; providing for ordinances in conflict; and providing
an effective date.
(Administration) 4/5
21. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the sale of a portion of the "Old South
Miami Plant Nursery" legally described hereinbelow to Habitat for
Humanity Inc. for the sum of $1.00 upon the basis that the said Land
is not presently serving any public purpose; that quality low cost
housing is needed inthe City of South Miami, Florida; and that
Habitat for Humanity has a proven record of providing quality low
cost housing; providing for severability; providing for ordinances
in conflict, and 'providing an effective date.
(Mayor McCann) 4/5
22. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the Land Development Code of the City of
South Miami, Florida, by providing a definition of "Shopping Center"
in Section 20 -3; providing for severability; ordinances in conflict;
and an effective date.
(Mayor McCann & Commissioner Carver)3 /5
REMARKS:
None
Pursuant to Fla..Stat.266.0105, the City hereby advises the public that
if a person decides to appeal any decision made by this board, agency or
commission with respect to any matter considered at its meeting or hearing,
he will need.a record of the proceedings, and that for such purpose,
affected person may need to ensure that a verbatim record of the proccedings
is made which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the
City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
,.�.
11
ORDINANCE NO.
AN ORDINANCE OF THE -- MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -6.2
THE LAS' DEVE1;0pME:'"_' V0Z-`OF THE CITY > OF SOUTH
MhAML, TO PROVIDE DECISIONS' OF_ THE ENVIRONMENTAL -
-RE t AND" PRESERVATION HOARD ARE FINAL AFTER THE
FIFTEEN DAY APPEAL; PERIOD; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami heretofore adopted, as
Chapter 20 of its Code of Ordinances, a Land Development Code,
in which Code section 20 -6.2 (A) deals with appeals; and
WHEREAS, the previous Code clearly provided that decisions
of the Environmental Review and Preservation Board (ERPB) were
final after the expiration of the fifteen day appeal period; and
WHEREAS, the Mayor and City Commission wish to amend the
aforesaid present code section so that it also pruvidcs ERPB
decisions are final after the expiration of the fifteen day
appeal period;
NOW, THEREFORE, BE IT ORDAINED BY THE, MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -6.2 (A) of the Land Development
Code of the City of South Miami- be,, and the same hereby is,
amended to read as follows:
(A) ERPB Decisions; Time; Standing to Appeal.
All decisions and recommendations of the Environmental
Review and Preservation Board shall be considered findl
unless within fifteen (15) days after the model of
project and draft minutes of said meeting become
available for public review and information an appeal
to the City Commission shall be filed with the City
Clerk upon a form prescribed therefore. Plans
approved by the Environmental Review and Preservation
Board for appearance of single family residences shall
not be subect to the fifteen (15) day appeal period.
Appeals may be taken by the applicant, interested
citizens or City Administration.
Section 2.< If any section, clausei sentence, or phrase- of
this Ordinance In 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.thi &,
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 day of , 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
i
20 -6.1 APPRUS
(A) Standing to Appeal
Any person aggrieved or any officer, employee, department or
board of the City may make an appeal.
(1) Appeals shall be made within fifteen (15) calendar days
of the time of the appealed action by filing with the
officer from whom the appeal is taken and with the City
Commission a notice of appeal, specifying the grounds
thereof.
(2) The officer from whom the appeal is taken shall forthwith
transit to the ='City Commission all papers constituting
the record f ropy. which action was taken,
(B) stay of Proceedimps
(C)
An ,appeal stays all proceedings in furtherance of the action
appealed from,, unless the officer frog whom the appeal is
taken certifies to the City Comission, after notice of appeal
has been filed with him, that because of the facts stated in
the certif icate a stay would, in the of f ioer 0 a opinion cause
imminent peril to life or property or that because the
violation charged is transitory in nature a stay would
seriously interfere with enforcement of the code.
If - cnftfticati= 0001ORT- itt s000rdst -With_ sdl (B)
abov" p= i ma- not'v b�stzyee mmpt: by a resrtserisirq
order; Nhiolr map- b w qrante& by that City Coaoissiow or, by a
cc wt of recard- on application, an notice to the officer, from
WhAlm the appeal is taken and on due cause scows.
(D) Appeal Rearing
The City Commission shall hear and enter a decision on all
appals within sixty (60) days of tha date of lilnq said
appeal, and shall providw due notice of the - appeal to the
Parties.
t t'ollowinq the lanquage '.n the previous Zoning Cpde, Section 11-
3 -5
11.3.5 Ap 0
A11 dtcisions and recommendations of the Environmental, R4viev
and Proservation Board -#hall be congidered final unless within
fifteen (15) days after the model of project and draft stnutet
of said mectirq become Available for public review and infotmetinn
an appeal to the City Commt3sion %hall be filed with the City Clerk
,,;,nn a form prescribed therefore. Plant 411provad by the Rnvirun-
-untal Review and Preservation board for sppestsncl of sin%14 (Am-
11y residences Shall not be emblect to the fitts4h (1S) day ippoal
period.' hppeels rust be taken by the applicant, interested eiti-
tens or the City Administration,
y
r�'�" ••� l , r,►� r rt►.�7C 7' -l('1 .173 C(1 ""-11J'1
S
P B— 9 2 — 0 2 6
I. Larry Ligammare read the following:
applicant Mayor- a City Commission
Requestr Alf; OF TM MrOR- AND CITY CMWSS10N_ OF THE- CITY
OF SOUTH— FIB, AKMWING SE TrQN 20 -6.2 (A) OF
THE 1J= DEV M DPRIM CODE OF THE CITY OF SOUTH MIMI TO
PROVIDE DECISIONS OF THE ENVIRONiO;NT'AL REVIEW AND
PRESERVATION BOARD ARE 'FINAL AFTER THE 'FIFTEEN DAY APPEAL
PERIOD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
2. Presentation of the Staff Report by a member of staff:
Planner Kobola presented the Staff Report as contained in the
Planning Board packet, adding that the Code does not
specifically address this issue at present and is therefore
being amended.
3. Public Hearing:
Chairperson Gutierrez opened the Public Hearing. There being
no one present the Public Hearing was closed .
4. Discussion by Planning ;Board members : -
Robert Parr asked what is the current procedure, if this is
not included in the Land Development Code.
Director Lama explained that this is administratively enforced
and that this language was included in the previous Zoning
Code but was inadvertently deleted from the new LDC.
Chairperson Gutierrez asked Dianne Wright, since she had
previously servedon the E.R.P.B. , if this had been a problem.
Dianne Wright recalled no problems, except that some people
did appeal the decisions of the E.R.P.B. Appeals would be
heard later that night or at the next City Commission Meeting.
Chairperson Gutierrez 'asked what was considered the staring
Point for the fifteen day appeal period.
Planner Kobola answered that the fifteen days started on the
day that the E.R.P.B. Meeting was held.
Paul Eisenhart suggested that the appeal period should start
on the next business day and continue fifteen days following.
The Board held a discussion concerning the single - family
residence exemption and questioned the validity of this
practice, expressing concern considering the interpretation.
Director Lama explained the merits of this process which
allows the single family home -owner to pull required permits
immediately after the E.R.P.B. Hearing. Commercial permits
are held during the appeal 'period.
5. Motion and vote:
Robert Parr made a motion to approve which received a second
by Cindy Tborner. Robert Parrand CindYThorner did accept
aent by Paul Eisenhart as follows
"I'd like to make a recoimendation that they affix a time
certain for when the clock starts on the fifteen day period,
say maybe, I may suggest:, the next business < day for that
fifteen day clock to start on."
ABSTA3N: 0
ORDINANCE NO,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMRNDING SECTION (J) 4 OF
THE LAND DRVBLOPMBNT CODE OF THE CITY OF SOUTH MIAMI,
BY EXCEPTING# SCREEN ENCLOSUREB FOR TOWNHOUSES (RT -6)
FROM TUN SIDE AND REAR SETBACKS OTHERWISE REQUIRED;
PROVIDING POR'3EVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICTI AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami heretofore adopted, as
Chapter 20 of its Code of Ordinances, a Land Development: Code,
which Code provides.. inter alia, for townhouses, which it defines
(in section 20-- 2.3) -as "a single - family dwelling unit of a group
Of three (3) or more such units" and which therefore have a zero
lot line between the units; and
WHEREAS, the same Code, as presently written, thereafter
requires, in section 20 --3.6 (J) (4) (f), that screen enclosures
have "a minimum side setback of seven and one -half (7.5) feet ",
regardless of the zone or structure to which the screen
enclosure is attached; and
WHEREAS, the Mayor and City Commission wish to amend the
aforesaid Ordinance to not require a greater side setback for a
screen enclosure than for the building to which it is attached in
the townhouse (RT -6) zone;
NOW? THEREFORE, BE Im ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
That Section 20 -3.6 (J) 4 (f) of the Land
Development Code of the City of South Miami be, and the same
hereby is,, amended to read as follows:
(f ); Minimum setbacks for screen enclosures shall be:
Minimum front setback shall be at the front building
line.
Minimum side setbacks shall be seven and one -half (7.5)
feet from each side lot line, except in RT -6 Zonina
District, which shall be zeto (02 feet ante for ji,de
Minimam rear setback shall be ten (10) feet from the
rear�lot line,- exceRt in RT -6 Zoninq District, which
shalj be five (5) feet from Zhe,rear lot.line.-
nxmo .�
Section 2. That Section 20 -3.6 (J) 4 of the Land
Development Code of the City of South Miami be, and the same
hereby is, amended to add the folloving sub- -section (g) as
follows:
(g) Screen enclosures shall not be included in the
computation of the total building area or required
pervious area.
Section 3. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section A. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby, repealed.
Section S. This Ordinance shall take effect immediately at
the time of its passage
PASSED AND ADOPTED this day of 1992.
APPROVED:
MAYOR`
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
FT Y ATTORNEY
f�
P B— 9 2 — 0 2 5
PB -92 -025 Townhouse Screen Enclosures ordinance Page 1 of 7
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Staff Rc._ ,rr- for PB -92 -025
P B— 9 2 — 0 2 5
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
§ 20 -3.6 (J) 4 OF THE LAND DEVELOPMENT CODE OF
THE CITY OF SOUTH MIAMI, BY EXCEPTING SCREEN
ENCLOSURE FOR TOWNHOUSES (RT -6) FROM THE SIDE
AND REAR SETBACKS OTHERWISE REQUIRED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
ANALYSIS
The City Commission wishes to amend this section of the Code in
order to permit screen enclosures at existing townhouse sites.
Section 20 -3.6 (J) 4 currently reads as follows
Screen Enclosures
(a) Screen enclosures shall be of a type approved by the
Building and Zoning Department.
(b) Screen enclosure doors shall automatically close and
lock by hydraulic closers or an approved equivalent.
(c) Enclosure door knobs shall not be located less than
five (5) feet six (6) inches above grade.
(d) Automatic closing and locking devices on screened
doors, fences or gates shall be properly adjusted.
(e) Gates and doors shall swing shut freely and lock
from any position.
(f) Minimum setbacks for screen enclosures shall be:
minimum front setback shall be at the front building
line.
Minimum side setbacks shall be seven and one -half
(7.5) feet from each side lot line.
Minimum rear setback shall be ten ( l0 ) feet from the
rear lot line.
Please, review the graphic presentation on the following page.
PB -92 -025 Townhouse Screen Enclosure ordinance Page 2 of 7
Ex.._cing Setbacks and Propose4 jetbacks Graphic
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PB -92 -025 Townhouse-Screen-Enclosure ordinance Page 3 of 7
Ex pted Minutes of the City
?19 JRDLNANCE NO
JU..
LQL1 RIL' PRUV' tit; Fu K :SEVERABI LIT
CONFLICT ANU PnQ�1DING AN EFFECTIVE.
omission meeting
U F L A N SVr'L0PMF
;I L _ _NCLUSL' ._
Y. :1I:UV;U1Nt; FOR ORDINANC.S
I)ATE.
�'.oved by Mayor Cooper, s e c c n d e d by Commissioner 3as
�_nis ^c' cons lc. .d the �1rs[ reacin2, the orain.ince and is De
:>lac�a n rraaica inc: ,u'nllc ,irin }� .t _ 1pprupria,e
�ltv Comm15d 1 U;. -7eet i 11
Vice - Mayor Cooper explained that he is sponsoring this
„r 4 i n n C e .ha,^ a„c: - rn p';P . "hr, 1 Vo i n r �.)wn(? nii c o c T_- t- .7i c h r .. _
.n uraer co do su.
`:ice - Mavor C000er askew the City A t t o r n e v to legal
opinion as to wnetner or not he could vote on this issue as ^ne
_ives in a townnouse'. City Attorney stated that -e could vote on
this issue is
_ong as the matter under consideration did not
refer only to :ne town house in which Vice - Mayer Cooper resides
and he has no cirecc .benefit from the urdinance.
Moved by ''.lvor McCann, second by Commissioner Bass, that the
ordinance be amended remove the 5 foot rear setback exception for
townhouse. Townhouse rear setback would remain at 10 feet.
Motion pas ed 5/0: Mayor McCann, yea; Vice- Mayor Cooper,
yea; Commissioner hanks, vea; Commissioner Carver, yea,;
�ommissioner g3-5, yea.
Discussion was held with regard to side setbacks,
specifically on corner lots.
Moved by Mayor McCann, seconded by Vice -Mayor Cooper, that
side setbacks or screen enclosures shall he 0 feet on interior
sidrs ,nd 1 Pf Icv feet on the street side.
�!otion a,issed 5 /u: Mayor McC ann, yea, Vice - Mavor Cooper,
yea; Commissioner Banks, yea; Commissioner Carver, yea;
Commissioner Bass, yea.
Motion on ordinance, as amended at first reading, passed
5 /U: M,syor McCann, ye,i; Vice- Mayor Cooper, yt_a; Commissioner
Banks, yea; Commissioner Carver, yea; Commissioner Bass, yea.
PH -92 -025 Townhouse Screen Enclosure Ordinance Page 6 of 7
Planning Board AdvertisE, at for PB -92 -025
NOTICE OIF PUB L= C H EAR I N C3
CITY OF SOUTH MIAMI Building & Zoning Dept
6130 Sunset Drive, 2'd Floor Fax # (305) 666 -4591
South Miami, Florida 33143 Phone: (305) 663 -6325
On Tuesday, September 8, 1992, at 7 :30 P.M. in the Commission
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
On Tuesday, October 6, 1992, at 7:30 P.M. in the Commission
conduct�a Public Hearing on the following matter.
PB -92 -025
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -3.6 (J) 4
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI,
BY EXCEPTING SCREEN ENCLOSURE FOR TOWNHOUSES (RT -6) FROM
THE SIDE AND REAR SETBACKS OTHERWISE REQUIRED; PROVIDING
FOR SEVERABILITY;` PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY
DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING
OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND
FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN
THE COMMISSION CHAMBERS IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE,
SOUTH MIAMI, FLORIDA, 33143, AT THE AFOREMENTIONED TIMES AND DATES.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR
EXPRESSIONS OF APPROVAL MAY BE MADE' IN PERSON AT THE HEARING OR
FILED IN WRITING PRIOR TO OR AT THE HEARING.' THE PLANNING BOARD
RESERVES THE RIGHT TO RECOIEEND TO THE CITY COMUSSION` WHATEVER THE
BOARD :CONSIDERS IN THE BEST`" INTEREST` FOR THE "AREA, INVOLVED. BOARD
RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
AT THE TIME AND DATE STATED ABOVE.` INTERESTED PARTIES REQUESTING
INFORMATION ARE ASKED TO CONTACT THE BUILDING AND ZONING 'DEPARTMENT
BY CALLING 663-- 6325 OR BY WRITING TO THE DEPARTMENT AT 'CITY HALL,
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, 33143.
REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY.
TH 2 S = S A COURTESY NOT = C E
PB- 42-025 Townhouse Screen Enclosure Ordinance Page 7 of .7
sop
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -3.3
(I) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, B DELETING EXISTING SUBSECTION (I) (6) AND
RENUMBERING EXISTING SUBSECTION (I) (7) TO (L) (6);
AMENDING SECTION 20 -3.6 (J) (4) BY EXCEPTING SCREEN
ENCLOSURE'S FOR TOWNHOUSES (RT -6) FROM THE SIDE
SETBACKS OTHERWISE REQUIRED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami heretofore adopted; as
Chapter 20 of its Code of Ordinances, a Land Development Code,
which Code provides, inter alia, for townhouses, which it defines
(in section 20 -2.3) as "a single - family dwelling unit of a group
of three (3) or more such units" and which therefore have a zero
lot line between the units; and
WHEREAS, the same Code, as presently written, thereafter
requires, in section 20 -3.6 (J) (4) (f), that screen enclosures
have "a minimum side setback of seven and one -half (7.5) feet ",
regardless of the zone or structure to which the screen
enclosure is attached; and
WHEREAS, the Mayor and City Commission wish to amend the
aforesaid Ordinance to not require a greater side setback for a
screen enclosure than for the building to which it is attached in
the townhouse (RT -6) zone;
NOW, THEREFORE, BE IT ORDAINED BY .THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -3.6 (I) of the Land Development
Cole of the City of South Miami-be, and the same hereby is,
amended to deleting existing subsection (I) (6) and renumbering
existing subsection (I) (7) TO (I) (6).
Section 2. That Section 20 -3.6 (3) 4 (f) of the Land
Development Code of the City of South Miami bey and the same
hereby is, amended to read as follows:
t
(f) Minimum setbacks for screen enclosures shall be:
RT -6 all other
districts
front
rear 10 feet 10 feet
side, interior 0 feet 7.5 feet
side, street
* setbacks required are set forth in sections 20 -3.5 E,
20-3.5 F, and 20 -3.5 G
Section 3. That Section 20 -3.6 (J) 4 of the Land
Development Code of the City of South Miami be, and the same
hereby is, amended to add the following sub - section (g) as
follows:
(g) Screen enclosures shall not be included in the
computation of the total building area or required
pervious area; cement 'slabs within a screen enclosure
are included in the computation of required pervious
area.
Section 4. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 5. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED--AS-TO FORM-*-
CITY ATTORNEY
I
ORDINANCE t,80.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
.AMENDING -SECTION 20-3-3 (D) OF THE _LANLt, D$V2LOP-M&NT llilriiii" CODE OF CITY CF `$OtI H
M bmTS`t�'i'
SEV RILITY
.y . O1DINANCSS= INS- GCNRLICT, AND -1N EP'FSCTIVE
WHEREAS, the City of South Miami, Florida has heretofore
enacted, as a part of its Land Development Code, Section 20 -3.3
(D) entitled "Permitted Use Schedule ", and which currently
permits "Wholesale Sales 6 Storage" in both the general retail
"GRI+ and Industrial "I" zoning districts; and
WHEREAS, the Mayor and City Commission believe the continued
use of wholesale sales and storage in the general retail "GR"
Zoning districts is not in accord
with the concept for the OR
et and therefore wish to amend the Land Development Code
accordingly;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -3.3 (D) of the Land Development
Code of the city of South Miami, Florida be, and hereby is,
amended to read as follows:
-- ZONING DISTRICTS ~C P
0 A
R- L M= = =N N R
3 G I H D K
-- 0 0 0 R g R S G
Wholesale Sales
& Storage
P
13
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent iurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Sect on 3• A�. Ordinances or parts of Ordinances in
conflict herewith 'b%p,,, and the same are, herebv ran.aiod.`
42€... F'�+',-_..'•^�'�r��**�,...�x��s �. � r. _ ...�• �.`- :9�.F��...n .�vx m A,��`"n,p «uo- sqs. �,r',".Kat. �,r . ^�� -`-rte - e.��'. ?�§ 't� -+,�
Thi$ - Azdinan+ce- _shall take - effa d4ately at
the time of its passage.
PASSED AND ADOPTED this __W day of _ �, 1992.
APPROVED:
MAYOR ...��...._.� —._ - .�._
ATTEST:
CITY — CLERK - -- — - -_— -
READ AND APPROVED AS TO FORM:
CITYrATTORNSY �___._ —_._
_ 5iF
"«rQ ;� . T .�v3..�er i ,}� ki��.t�c` f ti �µ 4R 1 . �t i "fit � v�i�'y .t ._ ` 37��� ♦ cSr_ Y; `,?.
�.. ...Ta. .:��i" VSP *aK^iWf�s - . i ♦ 'i.M]r• TIYV .�... .. ... rCA't'+.. ...
PB--92 --027
1. Robert Parr read the following:
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
iDTNG SHCTION 20 -3.3 (D) OF THE LAND DEV LOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, BY
I I EX MG "GR" FROM "WHOLESALE SALES & STORAGER;
PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFBCTIyE`DATE.
Planner Kobola presented the Staff Report as contained in the
Planning Board packet.
3. Public Hearing:
Chairperson Gutierrez opened the Public Hearing. There being
no one present the Public Hearing was closed .
4. Discussion by Planning Board members:
John Lef ley inquired- as to why this regulation is being
instituted, asked who had made a complaint, and raised the
question of how facilities which do both wholesale and retail
trade would be handled if this change were passed.
Director Lama explained that
according to the Comprehensive
district and wholesales sales
with the Comprehensive Plan.
the General Retail District
Plan is essentially a retail
and storage is not consistent
John Lef ley asked staff why would a wholesaler pay retail rent
prices when he could be in another district where the rent
would be lower. Staff reported that they could not answer.
Board members discussed the value and meaning of an exact
definition for what kinds of businesses might be wholesale,
including wholesale antiques to be allowed as a permitted use.
Planner Mackey explained that antiques are permitted under a
separate category in the Permitted Use Schedule.
Director Lama explained that although many businesses use the
term wholesale, " wholesale sales and storage" only includes
businesses which make bulk sales to retail or other commercial
establishments and do not sell products to the general public.
5. Motion and vote:
Robert Parr made a motion to approve as modified by staff
(which is contained in the Staff Report under Recommendation]
with a second by Dianne Wright.
APPROVE: 6 OPPOSE: 1 ABSTAIN: 0
(Eisenhart)
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE SALE OF A
PORTION OF SOUTH MIAMI FIELD LEGALLY DESCRIBED HEREIN -
BELOW TO THE DADE COUNTY SCHOOL BOARD FOR THE SUM OF
S 183,750.00 UPON THE BASIS THAT THE SAID LAND IS NOT
PRESENTLY SERVING ANY PUBLIC PURPOSE; PROVIDING FOR
DEPOSIT OF THE PROCEEDS INTO ACCOUNT NUMBER 05- 1310 -
69.200 "REVOLVING TRUST FUND "; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida is the owner of
the premises commonly known as South Miami Field, generally
described as that land adjoining South Miami Middle School and
thus being West and South of the ,intersection of Southwest 60th
Street and Southwest 67th Avenue (a /k /a Ludlum Road) legally
described hereinbelow and hereinafter called the "premises "; and
WHEREAS, the Dade County School Board has had an agreement
with the City of South Miami whereby the School Board utilized
South Miami Field for School Board purposes during school hours
and the City of South Miami utilized the Field for municipal
purposes, primarily recreation, during non--school hours; and
WHEREAS, thereafter the School Board installed on the
premises the structures commonly known as "portables ", which are
in fact buildings permanently affixed to foundations from the
time they are first transported to, and installed upon, the
premises; and
WHEREAS, as a result, the City of South Miami thereafter
could';not utilize the premises and the premises therefore served
no public purpuou; and
WHEREAS, it would therefore be equitable that the School
Board purchase the premises at fair market value, thus resolving
the exclusive use of the premises by the School Board;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF TOR nITY OF SOUTH MIAMI, FLORIDA:
Sect on .1. That the City Administration be, and hereby is,
32-69-16 12:26
CALL US BEFORE SENDING A FAX 003 P03
South Miami Field legally described as follows:
commence at the Northeast Corner of the Northwest 1/4
of the Southeast 1/4 of the Northeast 1/4 of Section
26, Township 54 South, Range 40 East, Dade County,
Florida; thence run South 00*2411311 East 25 feet to
the Point of Beginning of the Tract of land herein
described; thence continue South 00*24113't East 224.85
Feet; thence run South 89*55 2711 West 250.00 feet;
thence run North 00*2411111 West 224.85 feet; thence run
North 89*5512711 East 250.00 to the Point of Beginning.
for the sum of S 183,750.00. Said premises to be sold "as is",
with no warranties.
Section 2, That the proceeds of the aforesaid sale shall be
deposited into, and credited to, account number 05-1310-Gg.200
"Revolving Trust Fund".
Section 3. If any section, clause, sentence, or phrase of
this Ordinance is hold 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 ..4... All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of October, 1992.
ATTEST:
CITY CLERK'"
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
4
RESOLUTION NO.
A REST* !'TIO:: -vs THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A - REQUEST
PURSUANT TO BBC. 20 -3.6 (3)(1) OF THE LAND D19VRLOPMENT
CODE, FOR A VARIANCE TO ALLOW A -SIDE RWIMKING POOL
BIMMACK OF RIGHT (8) FEET WHERE TEN (10) FRET 23
REQUIRED AND A REAR SWIMMING -POOL SETBACK' OF TRN (10 )
PERT WHERE TWELVE AND ONE HALF (12.5) FEET IS REQUIRED
BY LILLIAN LEVINE FROM THE PLANNING BOARD OF THE CITY
OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6351
s.W. 62nd TERRACE, SOUTH MIAMI, FLORIDA 33143 AND
LEGALLY DESCRIBED HERRINSELOW
WHEREAS, Lillian Levine requested the Planning Board of the
City of South Miami pursuant to Sec. 20 -3.6 (J)(1) of the Land
Development Code of the City of South Miami, Florida for a
Variance to allow a side swimming pool setback of eight (8) feet
where ten (10) feet is required and a rear swimming pool setback
of ten (10) feet where twelve and one half (13.5) feet is
required, on the property known as 6351 S.W. 62nd Terrace, south
Miami, Florida 33143, which property is legally described as
follows:
Lot 6 in Block 14 of TWIN LAKES MANOR SUBDIVSION,
according t-o the plat thereof, as recorded in Plat Book
57 at Page 82 of the Public Records of Dade County,
Florida.
AHSREAS, the City Commission Staff Report rec`ormended denial
of the request;
WHEREAS, on June 9, 1992, the Planning Board voted to
recommend approval of the request by a 7 - 0 vote; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of Lillian Levine pursuant to
Sec. 20 -3.6 (J)(1) of the Land Development Code of the City of
South Miami, Florida for a variance to allow a side swimming pool
wetback of eight (8) feet where ton (101 teet is required and a
rear-- swiming pool setback of ten (10) feet where twelve and one
a
half (12.5) feet is required, for the property knovn as 6351
S.W. 62nd Terrace, South Miami, Florida 33143, be, and the same
hereby is, approved.
PASORD AND'--ADOD?ZD this th day of Auqust, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
3
D. P'8 -92 --018
Applicant: Lillian Levine
Requests Variance from Section 20 -3.6 (J)(1) to allow a side
swimming pool setback of eight (8;) feet where ten
(10) feet is required and a rear swimming pool
setback of ten (10) feet where twelve and one half
(12.5) feet is required..
Location: 6351 S.W. 62nd Terrace, South Miami, FL 33143
(A single - family residential property)
Ms. Thorner read the request. Joan Cortez signed in representing
her mother, Mrs. Levine.
Mr. Mackey read the Staff Report which does not recommend approval
of the request.
Ms. Cortez explained the complicated history behind this request
which came to light when Mrs. Levine applied for permits from the
City to prepare her home for sale. It was discovered that when a
pool and Jacuzzi were installed 12 years ago, a permit was pulled
by Mr. Levine for "alterations ". This is an above - the - ground pool
embedded in concrete 811 into the ground. When Mrs. Levine sold the
property January 14, 1992, a survey was done in mid - March, then her
attorney notified her that there was a problem with the easement.
PB Minutes 3 06 -09 -92
Mrs. Levine came to City Hall to apply for permits to legalize the
construction so that the purchaser would not have to inherit any
problems
There is included in the packet a letter from DERM stating that,
-+,o Section 5, DERM approval is not transferable. Each
new owner must apply to DERM. on the list of signatures, #15 is
that of the nearest neighbor to be affected who lives across the
lake. Mr. Lefley gave a short history of this area indicating that
DERM was not in existence when this subdivision was created. Most
of the properties are in violation also. Mr. Lefley cited Mrs.
Levine's- good faith effort to comply with regulations and that
water Control has issued a letter' of agreement.
There being no— additional discussion, Chairman Ligammare opened the
Public Hearing, asking for those wishing to speak either for or
against this request. Hearing none,, the Chair deemed Executive
Section to be opened.
Mr. Lefley, referring to the plat sheet from the packet, noted that
there is no reason for Water Control to access the canal through
the existing easement because it can be done at the bridge.
Mr. Gutierrez asked -Staff if there were pool setback requirements
at the time of construction. I Staff noted that previous
requirements are not known. Mr. Ligammare stated that there are
fines that will have to be paid should this request be granted by
the Board.
The Chair called for a vote.
Mr. Parr mmoved to approve the request PB -92 -018 as submitted.
Seconded by Mr. Lefley.
Vote: Approved: 7 Opposed: 0
Page 1s Letter of Intent by applicant
April 30, 1992
City of South Miami
Building and Zoning Dept.
6130 Sunset Drive
South Miami, FL 33142
To Whom it May Concern:
Letter of Intent
This Letter of Intent will indicate my desire to bring the property
at 6351 S.W. 62 Terrace into complete compliance with existing
codes and regui.ations by removing certain unapproved side setback
encroachments and converting some 1565 sq. ft. from impervious to
pervious, and further utilizing the opportunity of a Variance to
facilitate the process. Lnder the program which we are pursuing,
we will be obtaining a letter vacating the easement which will
bring the majority of the violation to the corrected stare.
Secondly, we will obtain certified plans from the engineer which
should permit an after the `act permit where the pool and jacuzzi
is located. 'This will focus the need for the variance on three
items; one, setbacks; two, extended impervious areas and three,
the after the fact permit.
When the house was built, the builder left what was then the
largest tree in the neighborhood in place in the front yard. Due
to its immense size and age, which I believe is now approximately
100 years, the house was set buck on the property 10' from every
other house. That particular 10' ultimately assisted in the
creation of a back yard area 30% smaller than any other lot, and it
was restricted on the other side by the canal itself. Had the tree
not been there, and the house not been set back, the rear setback
would have been a non- issue. We would hope that the Citv
understands the importance of a tree which, in many communities,
might even carry an historic designation due to its size and age.
Its location and preservation created the necessity of relocating
the entire house.
a
P"4r, s -of 18
Page "2: Letter of Intent by APPlicant
City of South Miami
Building and Zoning Dept.
April 28, 1992
Page Two
We contend this to be a hardship for which this application becomes
viable. This situation did not occur at any other location in the
development. The land, because of the tree and its extensive root
system, falls within the extreme topographical classification for
requesting a hardship. although other trees have grown in the area
since then, this tree was unique to this property and to -Lhe
development, and prevented the location of the house from beina the
same as ail others on the block. Therefore, a totail-•• reasonaud e
use of the property, particularly the tack yard uti lization, became
unequal with each and every other house.
The tree was not planted by the owner, therefore it is not a self-
imposed hardship. For this reason, the hardship is unnecessary to
us, as required by your guidelines, but merely for ecological
preservation, and the variance would have no effect on the public
interest.
Resulting from the setback of the house, the owner constructed a
pool which was originally a removable, above ground pool and which
was coverted to a gunite pool. Only 8" of the pool itself is in
the ground. We have received engineering plans to show that the
pool was imillt in full compliance. However, at the time of he
construction, the permit was not drawn. We wiLl, after the
hopefully- favorable approval to allow the setback from the water's
edge to be reduced by approximately 2 feet, apply for our after the
fact permit on the pool and jacuzzi as well as the screen
enclosure.
We would appreciate every consideration which may be given to help
facilitate this process.
Sincerely,
Lillian Levine
6351 S.W. 62 Terrace
South Miami, FL 33143
LL:cic
P"2 -018 L ViM 6351 _ SK 62 TGX%Mm Pain- °+Cr of 18
Statement of Hardship Inherent in the Land by Applicant
April 30, 1992
STATEMENT OF HARDSHIP INHERENT IN THE LAND
The property located at 6351 S.W. 62 Terrace, South Miami, at the
time the existing home was constructed, contained an immense,
ancient tree in the middle of the front of the lot. Instead or
clear cutting the lot, as was the case throughout the rest of the
development, the builder chose to let this beautiful canopy remain.
For over twenty years, it was the largest tree in the Twin Lakes
Manor development. Even today, as the surrounding landscaping has
achieved substantial growth, it remains one of the largest in the
area.
Current ecological concerns and the environmental benefits of such
a tree notwithstanding, since the house has been standing for
thirty-five years, removing the tree at this juncture would be
pointless. The tree, however, has presented the property owner
with this condition of hardship due to the fact that the house had
to be constructed 10' further back than the rest of the homes in
the area to accommodate it. The builder's decisi -o-n, with the
approval of the City, to allow the tree to remain, and
alternatively relocate the house, has created this extreme
topographical -h- ardship as this has reduced the size of the back
yard by 30 %. This reduction, combined with the 30' easement now
existing, eliminates the back yard in its entirety.
For the reasons outlined above, we respectfully request granting of
this hardship inherent in the land.
Respectfully subm'tted,
�r
Lillian Levine
6351 S.W. 02 Terrace
South Miami, Florida 33143
PB- 92-018
Lavine-- 6351 SK 62 Terrace -
Pace
; 7
of
,18
-
Page is Reasons for Change by Applicant
REASONS FOR CHANGE
The property located at 6351 S.W. 62 Terrace, to the
best of our knowledge, is one of the only lots with a 30
foot easement. The other lots have 20 foot easements.
There is no ,available living space for Florida recreational
pool and patio type structures in the back yard without
encroaching on this easement. In no way, will the current
structures affect the quiet enjoyment of the neighborhood,
nor would it restrict any type of activity of the state,
local or federal government.
The house and property are subjected to rules and laws
made 35 years ago which have never been utilized or needed.
The structures in question have been present for 12 years
with no adverse effects to the property or any surrounding
homeowners.
The hardship caused by setting the house back 10 feet
due the preservation of what was one of the largest ficus
trees in the South Miami area, located in the front yard,
made location of the pool only obvious upon receiving the
survey from the surveyor. On a property with nearly 6
major violations, the violations can be corrected to a
mostly near perfect compliance, however, it can be brought
into complete compliance with a simple 3 -1/2 foot setback
variance. There will be no loss to an adjoining neighbor or
infringement on an adjacent neighbor since this lot is
waterfront property.
In addition, every seawall, fence structure separating
each lot leading to the water line and light poles built in
Twin Lakes Manor could be a violation of the setback and
easement and could be construed as building to the lot
line. These structures were built with permits.
The rules for impervious land surfaced after these
structures were built. Currently, approximately 30 percent
of the land is in violation. This could be reduced by our
modifications by approximately 22 percent leaving an
additional 8 percent with minor impact. Inasmuch as the
lake is 100 percent pervious, the ground absorption in the
back yard of this lot will allow for much greater
absorption than the back yard of other lots located in this
development. In times of storms or hurricanes, the lake is
drained to allow for more absorption of water.
Page 2: Reasons for Change by Applicant
Therefore, the impact caused by allowing the current
structures to remain intact would be virtually, non-existent
by ailowinq ;or the modifications currently underway. All
engineering and after the fact permits will be obtained
which will bring all violations into compliance.
Respee_'. I1y submit"
Lillian Levine
Page l: Copy of current survey showing existing setbacks
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Page l: Letter of Agreement from Dade County, DERM
Lillian Levine
Property Owner
We understand that the Environmental Resources Management
Department does not have authority to issue formal permits for use
of County canal maintenance easements for the placing of permanent
obstructions within the easement, furthermore, that the Department
in general objects to the placing of any type or permanent
construction on its canal maintenance easements.
We further understand however that subject to the conditions
enumerated below the County Environmental Resources Management
Department will not raise formal objection to the use of the
easement described herein for the purposes indicated as follows:
(1) Allow the encroachment of a swimming pool, pool deck,
jacuzzi and a C.B.S. concrete bulkhead into a 30 -foot
canal maintenance easement at 6351 S.W. 62nd Terrace,
Miami, Florida 33143, in Section 25- 54 -40, legally
described ass
Lot 6, Block 14, Twin Lakes Manor Subdivision, according
to the Plat thereof, as recorded in Plat Book 57 at Page
82 of the Public Records of Dade County, Florida.
4
(2) The property owner hereby agrees to totally and
completely remise, release and forever discharge Dade
County of and from any responsibility, liability, loss,
Page >12:ot 18
Page 2: Letter of Agreement from Dade County, DEM
injuries, damages, expenses, claims and demands,
directly or indirectly, arising from or in any way
pertaining to any work performed by the owner upon the
above described easement. ft
(3) The property owner hereby covenants and agrees to
totally and completely remise, release and forever
discharge Dade County from any and all responsibility,
liability, expense and demand for any damages of any
nature to the structures which encroach into the canal
maintenance easement arising from the use of County
forces and equipment of the County's canal maintenance
easement.
(4) The property owner shall provide adequate signs,
barricades, warning lights, and other safety precautions
for the prevention of accidents of injuries to persons
and property during all construction work covered by an
through the life of,this permit.
(5) The property owner- understands that this agreement is
not transferable.
The property owner desires to maintain those structures at
their present location on the basis of these conditions and agrees
to comply fully with the conditions and the intent of them, namely
protection of the County and its use of its easement.
Page 3: Letter of Agreement- from -Dade County, DER14
e
Signed in the presence of:
Acknowledged and Agreed
for Dade County, DERM
BY:
ATTEST:
Title
Signed at Miami, Florida
this the /,? ---day of
AD, 1992
BY:
Title
EtPMNMENTA'
ATTEST: OMSION OF WATT' is _ire.
Title
SIJBSCRIDED AID S[ M BE OPT ME M S � DAY
OF 19 Z , BY
PERSONALLY IWIN OR PRDDUCM IDMTTIFICATION .
TYPE OF IDEPII'IF'ICATION PRODUCM : J/L'L �.
RC*WY STATE Isabel M Puentes .
MY Cam 2=
RONr)Fn
L/
004333
Letter froze Twenty - First Century Engineering certifying SFBC coWliance
YWWty Fhst Cew
Engineering Corp.
May 4, 1992
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attn.: Ms. Sonia Lama, AIA
Building & Zoning Director
Re: Lillian Levine
6351 SW 62 Terrace
Pool Inspection
y t
Dear Ms. Lama:
Twenty First Century Engineering Corp, has visited the above referenced site to review
the structural integrity of the pool and Jacuzzi in the rear of the residence. Our
observations are summarized below:
The pool was constructed of concrete block faced with brick.
Interior finish is Marcite.
The pool structure is basically above ground with the pump and filter to the rear of
the property.
Pool circulation is via I skimmer, 2 inlets and a maim drain in the pool's center.
The Jacuzzi also is essentially above ground and is also serviced with an inlet, drain
and pump.
• The construction of the pool and spa meets the minimum requirements of the
South Florida Building Code.
I trust this letter report satisfies your current needs. Please call with any questions.
Best Regards,
my Fii Century Ttg Corp,
of. n M. Carroll, Jr., E.
resident
CC- Gary Levine
Tom Lawson
• Qd • OeweioptnenaE . • EnWnxwr en�i : PN g . g . TtanspottadoA
• 2455 EW Sunrise Blvd.. Sidle -1203 . , FG Laud date Fl. 04 . t 61,4tOD- • Fax 00-' 6t -2137 .
Area map indicating subject properties and mailing area
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'AP REFERENCE: �3S1
5ST6AC W- VARI
cE s
CITY or MOW MIAMI *- PLANNING
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Fcs le k A060^
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Ftearina mm OIS
PH- 92-018
Lavine 6351 .
SR
62 Terrace
Page
17
of
18
Zoning Petition signed by owners of surrounding properties
T H E C I T Y 0/
Southiarni
$410 fUM#s'T. ORi VS, SOYTM MIAMI, FLORIDA 1110
Z 0 N I N G P 6 T I T I 0 N
Applicant: Lillian Mae Levine
Address: 6351 S.W. 62 Terrace
Reauest: variances from Section 20-3.6 (j) concerning; the
required pool setbacks from the rear property line
and side property line (survey information pending)
,
Petition: we, the undersigned property owners, are within Soo feet of the above
Property. We understand and approve the above request.
l L�- - -- - - --�- _ - - - - - -
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'450 -37 (continued o a - - - - - - - -
Page 2) 1,� ` `f b L I Pape i
U C. :at
' 16147 &S Ee QV 1R.E3.-,�
PB-92 -018
Levine
6351 SK 62 Terrace
Page -
-18 of 18
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, ADVOCA-
TING A COMPREHENSIVE, AGGRESSIVE STATE OF
FLORIDA CONTAINER 'DEPOSIT LAW
WHEREAS,- the laws of Florida, ,.estahlish the intent of the
Florida Legislature to reduce litter, conserve energy, and reduce
the ^fate's dependence on landfills:
WHEREAS, Statc Comprehensive Plan Goal 13 strives for the
eventual elimination of the need for landfills:
WHEREAS. Reaional Goal 1.2.7 : of the Regional Plar; fc_ Oouth
Florida directs that, by 1993, the amount of solid waste olaced in
landfills will be reduced by 30 percent over the 1990 volume, and by
1996, eliminate the land filling of unprocessed waste;
WHEREAS. Reaional Goal 13.6 of the Regional Plan for South
Florida. directs that. by 1995, the volume of recvclables should be
increased by 25% over the 1990 volume;
WHE!' —,7A "he current advanced disoo_.a'. fee oroaram de-cr ibet'
Chanter 40_, Florida Statutes fails to provide adecuate incentives to
consumers tc, recvcle-
WHEREAS, a comprehensive Container Deposit Law can e.ffecively
conserve energy. reduce litter, and reduce the State's dependence on
landfills without placing an unprecedented burden on industry;
NOW. THEREFORE-, BE IT RESOLVED BY THE MAYOR, AND THE CITY
COMM IaSin?: r7 7F7 -T; 77i' OF TOUTFI MIAMI. Fi,GRIDA:
Section 1 .
gin.: ado._, 1 �Ion
Container- ^�:o;�it
PASSFT AND A
ATTEST:
Th-= City of South Miami advoca
a comprehensive, aCUL essive
Law . R10deled ,_orn other successful
GOPTEn t :hia '�h day cr October
APPROVED
MAYOR
tes the develooment
State U. Floridc,
State Uroarams.
l J J i
_ _ .r i.� E
-
r READ AND APPROVED AS TO FORM:
•
CITY ATTORNEY
P.E3wLL'T.Ot: 2:C .
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL BY
SECI S11- L -- L 3 , INC A- JXGW—
ENVIRONM m— ] vp1l 'F 1 =
BOARD TO NOT APB 4 R 8I T 10 !N P1tQP3RTY "'Kno - AB
HOTEL VILA, 5959 S.W. 71ST "STREET, SOUTH MIAMI, FLORIDA
33143 AND L20!ALLV DROCRIHED HFREINBELOW
WHEREAS, on October 6. 1992, the Environmental Review and
Preservation Board of the City of South Miami voted, by a 5 -0
vote, to deny "approval of a request of Secisa International Ltda.
Inc. for approval of signage as set forth in the attached exhibit
for the property known as Hotel Vila, 5959 S.W. 71st Street,
South Miami, Florida 33143, which property is legally described
as follows:
Lots 8 through 13, Block 3 of Rosewood, according to
the plat thereof, as recorded in Plat Book 13 at Pages
62 of the Public Records of Dade County, Florida.
WHEREAS, Secisa International Ltda. Inc. appealed that
decision to the South Miami City Commission-, which Appeal has now
been heard;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the appeal of Secisa International Ltda.,
Inc. from the denial of requested signage by the Environmental
Review and Preservation Board of the City of South Miami for the
property known as Hotel Vila, 5959 S.W. 71st Street, South Miami,
Florida 33143, be, and the same hereby is, denied.
PASSED AND ADOPTED this th day of October, 1992.
APPROVED:
October 13, 1992
City Clerk
City of South 'Miami
Ref:Enviromental Review Board,proposed signage
Gentlemen:
Secisa International Ltd. Inc., DBA The Hotel Vila, located
at 5959 SW 71 Street,, South Miami, Florida 33143; appeals the
10/06/92 Board's decision to not approve our proposed signage
project.
/IN�
Fra#k Silverstein
General Manager
5975 S.W. Sunset Dr. Suite 108. Miami, Fla. 33143 (305) 662 -2232. 662 -1144. TELEX: 266008
RESOLUTION NO,
A RESOLUTION OF.THE_MAYOR AND CITY COMMISSION OF THE
CITY OF SOTJT11 MTAMT, Fi itS A - AUTirORI'XTN`G A WIf7`vrR OF
BID PROCEDMEIT--- ?Ol:t:.THE CITES �- R=ItRATTON LIEPARTMENT'
FOR PURCHASP or 'TURF MA3NTENANCE'FOUIPMENT AS SET FORTH
HERCTURFT.t1W UPON THE BAS IS THAT ` TTIRR>~ I 5; ONE 301MC}a OF.
SUPPLY; AUTHORIZING THE EXPENDITURP OF S 2,995.00 TO DE
BRA TURF & TWDUSTRIAT. EOUIPMENT CO. FOR THTS ROUIPMf.' 11'.
AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2000 - 6430
'IEOUIPMENT - OPERATINC"
WHERFAS, puzs;iant. t.o the 1992/93 budget. of the City of Scluth
Mi,i;ri F1nr1da, t1w Recrr,jLitin Department. wa >3 -iut-hui. to pur
�_ },t::t• c:er!.<�itt turf m:viittF_rtattr_e equipmelit., specifit"illy an
aer3toy; and
WHEREAS, pursuant: to that budgetary authorization, the Rec-
reation Department detetminerl the fol lowiitts aez AtGY Lt.; be
�ttywrior : Jacobzt -n Acr.o -King 6448 Aerator. wittt 3 pt. hitch. 3/4"
oprtt tines. ,.ind has imjuiLed with various di..:tLibutur5 t.t)
cat- t.i'ri1311ie 1-.ht.- avd11 ikailii.v of the equipment; and
W}tFnFAS, thH re t;? t.: ;-)F that inquiry have been ti-icit only De
Bra Turf di stributes this equipment in the South Florida arr.a;
And
WHEREAS; Ar. t, isle III, Section 5 H of the City Char. Ler
remiir.es competitive bids Frum aL least three different sources
or snuviv, if -tvai lame, such determir►atlun to he made by the
l'':Omm1 '.i;s i nn;
NOW, THF.RFPnRE, BE TT RESOLVED BY THE MAYOR AND THP CITY
(- nMMISSTnN C17 THE rTTY OF 43OUT14 MIAMI, FLORIDA:
Section 1. The Mavor and City C'uwmi;i�sion of the City of
Sont -h Miami icli tar, }text -t'ry authoriz.r; the i:it.v Admini it, ration
tars waive the bir3 tirocediirr ,et f(-ri;h in Artit:le IIT, rt -ction 5 It
of the City Charter, for turf maintenance ec;tiipment, to -wit: uzxc
Jacobsen Aeru -King; 6448 Aerator with 3 pt, hitch, 3/4" ,open ;.tines
-
to be ptirchased by the City Recr.edtion Depiri:.ment upon the LdSiti
that t.his typr. (-If ttirf ma1ntenansYt< equipmtrit is -, mily availitb3t;
from a single source of 6u}.�i►ly.
Section 2. That the City AdminUstration iJe, and heruLy
i.,, aul.i or1zed l'.o '- expend the sum of a 2,995.00 to De Bra Turf &
I nil u6ttia1 = Fq�-Tpaent Cu for;- the,_ ouTchRSN fl. ;one- Jacobuen -Piero
Kin(3 6448 Aerator vith 3 pt. hitch, =-3/411 open tines.
�'ectiol; 3. That. the di bursement lie. ch:- irgei3 t_� Ar(,ount No.
2000, -5430: "Equipment Operating"
PASSED AND ADOPTED this th day of October, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
REAL AND APPROVED AS TO FORM:
0TTY ATT' N F Y
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $11,159
TO PRIDE OF FLORIDA, THE LOWEST QUALIFIED BIDDER, FOR THE
PURCHASE OF AN ATLAS MAP AND PROVIDING FOR DISBURSEMENT
FROM ACCOUNT NUMBER: 1610 -3100, "BUILDING AND ZONING
DEPARTMENT " - PROFESSIONAL SERVICES."
WHEREAS, pursuant to the 1992 -93 Budget of the City of
South Miami, the City Administration was authorized to purchase
an atlas map; and
WHEREAS, the City Administration has now obtained at
least three _bids pursuant to Article III, Section 5 H of the City
Charter; and
bidder.
WHEREAS, Pride of Florida was the lowest qualified
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be, and hereby is,
awarded to Pride of Florida 'as the lowest qualified bidder, in the
amount not to exceed $11,159 for the purchase of an atlas map.
Section 2. That'the disbursement be charged to account
number 1610 -3100; "Building and Zoning Department, Professional
Services."
PASSED AND ADOPTED this day of November 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
ADMINISTRATION TO DISBURSE A SUM NOT TO EXCEED $2,295 TO
GATEWAY 2000, THE LOWEST QUALIFIED BIDDER, FOR THE
PURCHASE OF A COMPUTER WITH A 80486 PROCESSOR AND
PROVIDING FOR DISBURSEMENT_ FROM ACCOUNT NUMBER: 1610 -
6430, "BUILDING AND ZONING DEPARTMENT OPERATING
EQUIPMENT."
WHEREAS, pursuant to the 1992 -93 Budget of the City of
South Miami, the City Administration was authorized to purchase
a computer with a 80486 processor; and
WHEREAS, the City Administration has now obtained at
least three bids pursuant to Article III, Section 5 H of the City
Charter; and
WHEREAS, Gateway 2000 was the lowest qualified bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be, and hereby is,
awarded to Gateway 2000 as the lowest qualified bidder, in the
amount not to exceed $2,295 for the purchase of a computer with a
80486 processor.
Section 2. That the disbursement be charged to account
number 1610- 6430; "Building and Zoning Department, Operating
Equipment."
PASSED AND ADOPTED this day of November 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/3
RESOLUTION NO.
A RESOLUTION OF THE - -MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORI -DA, AUTHORIZING THE PURCHASE,,
OF-SIX- 199,3 -FORD -GROWN VI C' QR I A P0L I CE � VEH I CLXS WI T1i
_ACCE33OHIEB F?R THE POLICE DEPARTMENT, FOR A TOTAL PRICE
NOT TO UCEED $76,229, kND P:ROVIDING;FOR DISBURSEMENT
_
PROM 1910 - 6430: -- "OPERATI -It0 EQUIPMENT" ,
WHEREAS, pursuant to the 1992 -93 Budget of the City of
South Miami, Florida, the police Department of the City of South
Miami, Florida was authorized to purchase six Police Vehicles;
and
WHEREAS, the administration of the City of South Miami has
now obtained a cost of $76,614 from Dan Reid Ford, Maitland,
Florida, pursuant to the following governmental bid: State of
Florida number 070 - 001 -93 -1
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be, and hereby ism awarded
to Don Reid Ford, Maitland, Florida, in an amount not to exceed
$76,224 for six 1993 Ford Crown Victoria Police Vehicles with
accessories pursuant to the attached Exhibit.
Section 2._ That the disbursement be charged to account
number 1910 -6430: "Operating Equipment:
PASSED AND ADOPTED this th day of October, 1992.
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
vi. t 29 '9Z 13:46 W4 REID FORD INC
give
juruvA L
ITV SOUTH MIW" F,t,;
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Attention of CAP T.
Address
city and State
Quantity
Description
Zu4LU cam VICTORIA POLICE SEDAN
PL STATE CONT CT 70- 001-93•
POWER LOCKS
LIMITED SLIP MPPIRINTIAL
BAN SHIELDS
65.
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RELOCATE TRUNK RELEASE
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196. (-D '
(140,Aj)
PSI UNIT'P$ICE
;120760.00
65.00
$1207D4.00
EitMS: Settkntent upon &eiivcry: Cash N/A
anci the followinS described Property ' rcrxnt
cchanical condition;
)r which A Undo agowam" of S , "A
will be marls.
We ihmk you for tiro opportunity to make this tuopoW end Will apprex'istt your htxev anrx. Ac�r.r. tanct r' ;r.:
>wti will not be binding uparl us until this vropoui It aAprw+ed hero" in writing by tu) official of L)tm Reid � ,. ,� Inc.
turn of one copy of tills proposal And your purchase order or order t►umbcr constitum your of l ial a4ic�,• arks,
1. A'
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Resptwouny submitted
ION UID NC.
BY
MET MaAmit
197A $. O4A =AV'E *MAMAND, FL 32751+80 BOX "=GMARtAND. FL WWWG
�T
RESOLUTION NO.
A RESOLUTIUN OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING ;A WAIVER OF
BID PROCEDURES FOR THE CITY'S POLICE DEPARTMENT
FOR PURCHASE OF ONE 1993 FXRP HARLEY DAVIDSON
MOTORCYCLE WITH ACCESSORIES PURSUANT TO THE ATTACHED
RXHIBIT, AS SET FORTH HZREI'NB$LOW UPON THE BASIS THAT
THERE 19 ONE SOURCE OF SUPPLY; AUTHORIZING THE
EXPENDITURE OF $ 7,335.00 TO HARLEY DAVIDSON OF MIAMI,
INC. FOR THIS EQUIPMENT: AND CHARGING THE DISBURSEMENT
TO ICCOUNT ND. 1910- 6930 "OPERATING EQUIPMENT"
iiZRZ_A,ia, puxsuanz to the 1992/93 budget of the City of South
Miami, Florida, the Police Department was authorized to purchase
one Police motorcycle; and
WHEREAS, pursuant to that budgetary authorization, the
Police Department determined the following motorcycle to be
superior: one 1993 FXRP Harley Davidson Motorcycle with
accessories pursuant to the attached exhibit, and has inquired
with various distributors to determine the availability of the
motorcycle; and
WHEREAS, the results of that inquiry have been that only
Harley Davidson of Miami, Inc. distributes this equipment in the
South Florida area; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different souxces
of supply, if available, such determination is to be made by the
Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
section 1. The Mayor and City Commission of the City of
South Miami, Florida, do hereby authorise the City Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for one motorcycle, to -wit: one 1993 FXRP
Harley Davidson Motorcycle with accessories pursuant to the
Section 2. That the City Administration be, and hereby
is, authorized.to expend the sum of $'7,335.00 to Harley Davidson
of Miami, Inc. for the purchase of one 1993.F'XRP Harley Davidson
motorcycle with accessories pursuant to the attached exhibit.
Section 3. That the disbursement be charged to Account No.
1910 -6430: "Operating Equipment ".
PASSED AND ADOPTED this th day of October, 1992.
APPROVED:
MAYOR
ATTEST
CITY CLERK � ��-
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I
m^.�.,ys'k�j:.�..)dr' "'.;i�1+aA:. -.ti -S. 1si11411L•a -':. _'t�Wyg��- .�.c�."�.,- a=ws+yr_..� :'w9
r
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER
TO DISBURSE THE SUM OF $2,660.32 REPRESENTING FEES
INCURRED FOR LEGAL SERVICES BY GREGORY BORGOGNONI OF RUDEN,
BARNETT`ET AL, REGARDING THE BAKERY CENTRE APPLICATION AND
CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100- 9950:
"RESERVE FOR RE-ENCUMBRANCES."
WHEREAS, by Resolution number 75 -90 -9102 passed May 22,
1990, the City Commission authorized the employment of Gregory
Borgognoni of Ruden, Barnett, et al; and
WHEREAS, the City has now received an invoice for legal
service rendered pursuant to the aforesaid Resolution regarding
the Bakery Centre application for the period ending September 30,
1992 for a total of $2,2660.32.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $2,660.32 to Gregory Borgognoni of Ruden,
Barnett, et al for legal services rendered regarding the Bakery
Centre application.
Section 2. That the disbursement be charged to account
number 2100 -9950: "Reserve for Re- encumbrances."
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
day of November, 1992.
APPROVED:
MAYOR
Client No. CI18371
FEDERAL w# W13CM7
RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ATTORNEYS AT LAW
200 EAST BROWARD BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 764 -6660
CITY OF SOUTH MIAMI, FLORIDA
City Hall October 10, 1992
6130 Sunset Drive Invoice No. 212336
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No.
6
Bakery Center.
0 9/08/92
Borgognoni
1.3 227.50
Research regarding various issues;
conference with William Hampton.
09/14/92 G.
Borgognoni
5.3 927.50
Conference with Mayor McCann; research
regarding DRI issues; conference with
Departmant of Community AffaiLS offiCiai;
conference with Regulations Officials.
09/15/92 G.
Borgognoni
1.8 315.00
Conference with William Hampton; further
research.
09/17/92 G.
Borgognoni
2.8 490.00
Further research regarding DRI and PUD
issues.
09/18/92 G.
Borgognoni
1.7 297.50
Meeting with Mayor McCann, R. Swarthout
and W. Hampton.
09/24/92 G.
Borgognoni
1.1 .192.50
Telephone conference with Mayor McCann and
R. Swarthout.
09/30/92 G.
Borgognoni
1.2 210.00
Conference with William Hampton; research
regarding office issues.'
TOTAL HOURS 15.2
TOTAL FOR SERVICES $2,660.00
DISBURSEMENTS
Long Distance Telephone Calls
DISBURSEMENTS TOTAL
TOTAL
.32
$.32
$2,660.32
IIAIOICER RERIOERED BY THE FIRM ARE DUE AND PAI BLE UPON THEIR RECEFE ON THE FPW DAY OF EACH MONTH THE BALANCE OF ANY
W1OWM*NUl MFORMORETHAN ONE MMOMH OWL BEWABIEOTTOALAfECHAPIGEOFONEANOONOHALFPffl E (I%%)PERMONTH.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $700..00 REPRESENTING FEES FOR LEGAL
SERVICE "S RENDERED BY GREGORY BORGOGNONI OF RUDEN, BARNETT
ET AL, IN THE CASES OF MANDELSTAM VS. CITY OF SOUTH MIAMI,
$472750; STEIGLITZ VS. CITY OF SOUTH MIAMI, $227.50; AND
CHARGING TO ACCOUNT NUMBER 2100 -9950: "RESERVE FOR
RE- ENCUMBRANCES."
WHEREAS, by Resolution number 75 -90 -9102 passed May 22,
1990, the City Commission authorized the employment of Gregory
Borgognoni of Ruden, Barnett, et al; and
WHEREAS, the City has now received invoices for legal
services rendered by Gregory Borgognoni of Ruden, Barnett, et al
pursuant to the aforesaid Resolution, for the period ending
September 9, 1992 for a total of $700.00. (Mandelstam vs. the
City of South Miami, $472.50; Steiglitz vs. City of South Miami,
$227.50)
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $700.00 to Gregory Borgognoni of Ruden,
Barnett, et al for legal services rendered in the cases of
Mandelstam vs. City of South Miami and Steiglitz vs. City of
South Miami.
Section 2. That the disbursement be charged to account
number 2100 - 9950: "Reserve for Re- encumbrances."
PASSED AND ADOPTED this day of November, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Client No. CI18371
FEOEau. u>'II W1 30M
RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ATTORNEYS AT LAW
200 EAST BROWARD BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE; FLORIDA 33302
(305) 764 -6660
CITY OF SOUTH MIAMI, FLORIDA
City Hall October 10, 1992
6130 Sunset Drive Invoice No. 212335
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No. 5
adv. Steiglitz.
08/03/92 -G. Borgognoni 1.3 227.50 Conference with Mr. Stieglitz; review
order
TOTAL HOURS 1.3
TOTAL FOR SERVICES
TOTAL
$227.50
$227.50
INVOICE$ IUD 8Y THE MW AM DUE AND PAYABLE UPON THEIR RECEIPC ON THE FIRST OW OF EACH MONTH THE BALANCE OF ANY
NYCICETHEN UNAW FOR MORE THAN ONE M MONTH MALL BE SULEO1710 A LATE OVOIGIEOFOIE'AND ONIS-IULF PERCENT111%PEII MONTH.
Client No. CI18371
FEDERAL IW 59-1307357
RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
ATTORNEYS AT LAW
200 EAST BROWARD BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 764 -66W
CITY OF SOUTH MIAMI, FLORIDA
City Hall October 10, 1992
6130 Sunset Drive Invoice No. 212337
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No. 7
adv. Mandelstam.
09/08 ✓92 G. Borgognoni 2.7 472.50 Research new cases in various
jurisdictions regarding "partial taking ".
TOTAL HOURS 2.7
TOTAL FOR SERVICES $472.50
TOTAL $472.50
MOM RENDERED 8Y TM RN AM MR NO PAY U" UPON 7MM RECEI T ON THE MW OILY OF EACH MM M TM IMMI 8 OF ANY
NIYOICETMBILO MOFORMOM7H ANON EM MONTHSMALLMUIBJWrIDALADEaMWOFMEAMOE f1ALFP6iC "^)PERMONTH.
RESOLUTION #
A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, ASSURING THE FEDERAL INSURANCE AGENCY 'OF THE CITY'S
INTENT TO ADOPT REGULATIONS AND PROCEDURES CONSISTENT'' WITH SECTION
60 OF THE NATIONAL" FLOOD" INSURANCE PROGRAM REGULATIONS; VESTING THE
BUILDING OFFICIAL WITH CERTAIN RESPONSIBILITIES AND DUTIES; AND
AGREEING TO TAKE SUCH ACTION NECESSARY TO EXECUTE THE OBJECTIVES
OF THE NATIONAL FLOOD INSURANCE PROGRAM.
WHEREAS, certain areas of the City of South Miami, Florida, are
subject to periodic flooding, and may cause serious damage to
properties within these areas; and,
WHEREAS, relief is available in the form of Federally subsidized
flood insurance as authorized by the National Flood Insurance Act
of 1968; and,
WHEREAS, it is the intent of the Mayor and City Commission of the
City of South Miami, Florida, to require the recognition and
evaluation of flood hazards in all official actions relating to
land use in areas having these hazards; and,
WHEREAS, the Mayor and City Commission has the legal authority to
adopt land use and control measures to reduce future flood losses
pursuant to the Charter of the City of South Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.
The City of South Miami assures the Federal Insurance
Administration that it will enact as necessary, and maintain in
force in those areas having flood hazards, adequate land use and
control measures with effective enforcement provisions consistent
with the Criteria set forth in Section 60 of the National Flood
Insurance Program Regulations.
Section 2.
The City of South Miami vests the 'Building Official of the City of
the South Miami, Florida (Community I.D. # 120658), with the
responsibility, authority, and means to:
a) Assist the Administrator for the Federal Insurance
Administration (hereinafter "the Administrator ") at his
request, in his delineation of the limits of the area having
special flood hazard
b) Provide such information as the Administrator may request
concerning present uses and occupancy of the flood plain;
c) Cooperate with Federal, State, and local agencies and private
firms which undertake to study, survey, map, and identify
flood plain _areas, and cooperate with neighboring communities
with respect to management of adjoining flood plain, mudslide,
and /or flood- related erosion areas in order to prevent
aggravation of existing hazards
d) Submit on the anniversary date of the City's initial
eligibility an annual report to the Administrator on the
progress made during the past year within the City in the
development and implementation of flood plain management
measures; and,
NFIP Application Resolution
Page 1 of 2
e) Upon occurrence, notify the Administrator in writing whenever
the boundaries of the City have been modified by annexation
or the City has otherwise assumed or no longer has authority
to adopt and enforce floodplan management regulations for a
particular area. In order that all Flood Hazard Boundary Maps
and Flood Insurance Rate Maps accurately represent the City's
boundaries, the City will include within such notification a
copy of a map of the City 'suitable for reproduction, clearly
delineating the new corporate limits or new area for 'which the
City has assumed or relinquished flood plain management
regulatory authority.
Section 3.
The City of South Miami hereby appoints the Building Official to
maintain for public inspection and to furnish upon request, for the
determination of applicable flood insurance risk premium rates
within all areas having special flood hazards identified on a Flood
Hazard Boundary Map or Flood Insurance Rate Map, any certificates
of flood - proofing, and information on the elevation (in relation
to mean sea level) of the level of the lowest floor (including
basement') of all new or substantially improved structures, and
include whether or not such structures contain a basement, and if
the structure has been flood-proofed the elevation (in relation to
mean sea level) to which the structure was flood proofed.
Section 4.
The City of South Miami agrees to take such other official action
as may reasonably necessary to carry out the objectives of the
National Flood Insurance Program.
PASSED AND ADOPTED this day of November, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Wq
ORDINANCE #
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING FINDINGS OF FACT; PROVIDING A SHORT TITLE;
PROVIDING A STATEMENT OF PURPOSE; PROVIDING OBJECTIVES; PROVIDING
DEFINITIONS PROVIDING JURISDICTION; PROVIDING A BASIS FOR
ESTABLISHING. AREAS OF SPECIAL FLOOD HAZARD; PROVIDING FOR
ESTABLISHMENT OF DEVELOPMENT PERMITS; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION" AND GREATER RESTRICTIONS; PROVIDING FOR
INTERPRETATION; PROVIDING A WARNING AND A DISCLAIMER OF LIABILITY;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR DESIGNATION OF
LOCAL ADMINISTRATOR; PROVIDING PERMIT PROCEDURES; PROVIDING DUTIES
AND RESPONSIBILITIES OF THE BUILDING OFFICIAL; PROVIDING PROCEDURES
FOR VARIANCES FROM THIS ORDINANCE; PROVIDING GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION; PROVIDING SPECIFIC STANDARDS FOR FLOOR
HAZARD REDUCTION; PROVIDING STANDARDS FOR SUBDIVISION PROPOSALS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has in F.S.
Chapters 125, 163 and 166 delegated the responsibility to local
governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. FINDINGS OF FACT
(1) The flood hazard areas of the City of South Miami, Florida,
are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption of
commerce and governmental 'services, extraordinary public
expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public
health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights,
and velocities, and by the occupancy in flood hazard areas byj
uses vulnerable to floods or hazardous to other lands which
are inadequately elevated, flood- proofed, or otherwise
unprotected from flood damages.
Section 2. SHORT TITLE
This Ordinance may be cited as "Flood Damage Prevention Ordinance ".
Section 3. STATEMENT OF PURPOSE
It is the purpose of this Ordinance to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
(1) restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights
or velocities
(2) require that
which serve
the time of
uses vulnerable to floods, including facilities
such uses, be protected against flood damage at
initial construction;
Prevention Ordinance
Page 1 of 11
a
41
3
(3) control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved
in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which
may increase erosion or flood damage, and;
(5) prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase
flood hazards to other lands
Section 4. OBJECTIVES
The objectives of this Ordinance are as follows:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood
control projects;
(3) to minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
(6) to help maintain a stable tax base by providing for the sound
use and development of flood prone areas in such a manner as
to minimize flood blight areas, and;
(7) to insure that potential home buyers are notified that
property is in a flood area.
Section 5. DEFINITIONS
Unless specifically defined below, words or phrases used in this
Ordinance shall be interpreted so as to give the words and phrases
the meaning they have in common usage and to give this Ordinance
its most reasonable application.
Addition (to an existing building) means any walled and roofed
expansion to the perimeter of a building in which the addition is
connected by a common load - bearing wall other than a fire wall.
Any walled and roofed addition which is connected by a fire wall
or is separated by independent perimeter load- bearing walls is
defined as new construction.
Appeal means a request for a review of the Building Official's
interpretation of any provision of this Ordinance or a request for
a variance from this Ordinance.
Area of special flood hazard is the land in the floodplain within
a community subject to a one percent or greater chance of flooding
in any given year.
Base flood means the flood having a one percent chance of being
equalled or exceeded in any given year.
Basement means that portion of a building having its floor subgrade
(below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural
support of the building and is intended through its design and
Flood Damage Prevention Ordinance Page 2 of 11
construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or
supporting foundation system.
Building means any structure built for support, shelter, or
enclosure for any occupancy or storage.
Development means any man -made change to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavating,
drilling operations or permanent storage of materials or equipment.
Elevated building means a non - basement building built to have the
lowest floor elevation above ground level by means of fill, solid
foundation perimeter walls, pilings, columns, posts, piers, shear
walls, or breakaway walls'.
Existing construction means any structure for which the start of
construction commenced before June 18, 1974.
Flood or flooding means a general and temporary condition of
partial or complete inundation of normally dry land areas from the
overflow of inland or tidal waters, or the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) is an official map of a community,
issued by the Federal Emergency Management Agency, where boundaries
of the special flood hazard have been defined as Zone A.
Flood Insurance Rate Map ',(FIRM) is an official map of a community,
on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and risk premium zones
applicable to the community.
Flood Insurance Study is the official report provided by the
Federal Emergency Management Agency, containing flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
Floor means the top surface of an enclosed area in a building
(including basement), i.e. top of slab in concrete slab
construction or top of, wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for
parking vehicles.
Highest adjacent grade means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls
of a building.
Historic Structure means any structure that is:
(1) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the
National Register;
(2) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places
where such list is part of historic preservation programs
approved by the Secretary of the Interior; or,
(4) Individually listed on a local inventory of historic places
in communities with historic preservation programs that have
Flood Damage Prevention Ordinance Page 3 of 11
been certified either by an approved state program as
determined by the Secretary of the Interior, or directly by
the Secretary of the Interior.
Manufactured home or mobile home means a building, transportable
in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park
trailers, travel trailers, and similar transportable structures
placed on a site for '180 consecutive days or longer and intended
to be improved property [Manufactured homes and mobile homes are
prohibited under § 20 -1.3 (C) of the Land Development Code].
Mean Sea Level means the average height of the sea for all stages
of the tide. It is used as a reference for establishing various
elevations within the floodplain. For purposes of this ordinance,
the term is synonymous with National Geodetic Vertical Datum (NGVD)
National Geodetic Vertical Datum,(NGVD) as corrected in 1929 is a
vertical control used as a reference for establishing varying
elevations within the floodplai'n.
New construction means any structure for which the start of
construction commenced after June 18, 1974. The term also includes
any subsequent improvements to such structure.
Recreational vehicle means a 'vehicle which is built on a single
chassis; 400 square feet or less when measured at the largest
horizontal projection; designed to be self - propelled or permanently
towable by a light duty truck; and, designed primarily not for use
as a permanent dwelling but as temporary living quarters for
recreational, camping, travel or seasonal use.
Start of construction includes substantial improvement, and means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, or improvement was within
180 days of the permit date. The actual start means the first
placement of permanent construction of a building on a site, such
as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of
excavation. Permanent construction does not include land
preparation, such as clearing, grading and filling nor does it
include the installation of 'streets and /or walkways;; nor does it
include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory'- buildings,: such as
garages or sheds not occupied as dwelling units or not part of the
main building. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Structure means a walled and roofed building that is principally
above ground, a gas or liquid storage tank, or other man -made
facilities or infrastructures.
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged_ condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any combination of repairs,
reconstruction, alteration, or improvements to a, building, taking
place during a ten (10) year period, in which the cumulative cost
equals or exceeds fifty percent of the market value of the
building. The market value of the building should be the appraised
value of the building prior to the start of the initial repair or
improvement; or, in the case of damage, the value of the building
prior to the damage occurring. This term includes structures which
Iq
Flood Damage Prevention Ordinance
Page 4 of 11
have incurred substantial damage, regardless of the actual repair
work performed. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the building. The term does not, however, include
any project for improvement of a building required to comply with
existing health, sanitary, or safety code specifications which have
been identified by the Building official and which are solely
necessary to assure safe living conditions.
Variance [from this Ordinance) is a grant of relief from the
requirements of this Ordinance which permits construction in a
manner otherwise prohibited by this Ordinance where specific
enforcement would result in unnecessary hardship.
Section 6. JURISDICTION
This Ordinance shall apply to all. areas of special flood hazard
within the jurisdiction of the City of South Miami, Florida.
Section 7. BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard are to be identified by the
Federal Emergency Management Agency in the Flood Insurance Rate Map
(FIRM) , dated November 4, 1987, with other supporting data, and any
revision thereto, are adopted by reference and declared to be a
part of this Ordinance.
Section 8. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provision of this Ordinance prior to the commencement of any
development activities.
Section 9. COMPLIANCE
No structure or land shall hereafter be located, extended,
converted or structurally altered without full compliance with the
terms of this Ordinance and other applicable regulations.
Section 10. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Section 11. INTERPRETATION
In interpretation and application of this Ordinance all provisions
shall be considered as minimum requirements; liberally construed
in favor of the governing body; and deemed neither to limit nor
repeal any other powers granted under Florida Statutes.
Section 12. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is
considered` reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man - made or natural causes. This ordinance does not imply that
Prevention Ordinance
Page 5 of 11
I
land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of the City
of South Miami, Florida, or by any officer or employee thereof for
any flood damages that ,result ' from reliance on this Ordinance or
any administrative decision lawfully made thereunder.
Section 13. PENALTIES FOR VIOLATION
Violation of the provisions of this Ordinance or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or
special exceptions, shall constitute a misdemeanor. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall,, upon conviction thereof, be fined not more than
$250 -.00 per day, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall
prevent the City of South Miami, Florida, from taking such other
lawful actions as is necessary to prevent or remedy any violation.
Section 14. DESIGNATION OF LOCAL ADMINISTRATOR
The City of South Miami hereby appoints the Building official as
the local administrator to administer and implement all provisions
of this Ordinance within the boundaries of the City of South Miami.
Section 15. PERMIT PROCEDURES'
Application for a Development Permit shall be made to the Building
Official on forms furnished by him or her prior to any development
activities, and may include, but not be limited to, the following
plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question, existing or
proposed structures, earthen fill, storage of materials or
equipment, drainage_ facilities, and the location of the foregoing.
Specifically, the following information is required::
(1) Application Stage.
(a) Elevation in_ relation ,to mean sea level of the proposed
lowest floor (including basement) of all buildings;
(b) Elevation in relation to mean sea level to which any non-
residential building will be flood- proofed;
(c) Certificate from a registered professional engineer or
architect that the non - residential flood- proofed building
will meet the flood- proofing criteria in Section 19,
subsection (2) of this Ordinance;
(d) Description of the extent to which any watercourse will
be altered or relocated as the result of proposed
development; and,
(2) Construction- Stage-
Provide a floor elevation or flood - proofing certification after the
lowest floor is completed. Upon placement of the lowest floor, or
flood- proofing by whatever construction means, it shall be the duty
of the permit holder to submit to the Building Official a
certification of the elevation of the lowest floor, flood- proofed
elevation as built, in relation to mean sea level. Said
certification shall be prepared by or under the direct supervision
of a registered land surveyor or professional engineer and
Flood Damage Prevention Ordinance
Page 6 of 11
certified by same. When flood - proofing is utilized for a
particular building, said certification shall be prepared by or
under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to
submission of the certification shall be at the permit holder's
risk. The Building Official shall review the floor elevation
survey data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to submit the
survey or failure to make said corrections required hereby, shall
be cause to issue a stop -work order for the project.
Section 16. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
The duties of the Building Official shall include, but not be
limited to:
(1) Review all Development Permits to assure that the permit
requirements of this Ordinance have been satisfied;
(2) Advise permittee that additional federal or state permits may
be required, and if specific federal or state permit
requirements are known, require that copies of such permits
be provided and maintained on file with the Development
Permit.
(3) Notify adjacent communities, Metro -Dade County Department of
Environmental Resource- Management, South Florida Water
Management District and South Florida Regional Planning
Council prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that flood - carrying
capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new
or substantially improved buildings, in accordance with
Section 15, subsection (2) of this Ordinance.
(6) Verify and record the actual elevation (in relation to mean
sea level) to which the new or substantially improved
buildings have been flood - proofed, in accordance with Section
15, subsection (2) of this Ordinance.
(7) When flood - proofing is utilized for a particular building, the
Building Official shall obtain certification from a registered
professional engineer or architect, in accordance with Section
19, subsection (2) of this Ordinance.
(8) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (e.g., where
there appears to be a conflict between a mapped boundary and
actual field conditions) the Building Official shall make the
necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this Ordinance.
(9) When base flood elevation data or floodway data have not been
provided in accordance with Section 7, then the Building
Official shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal,
state or other source, in order to administer the provisions
of Sections 18, 19, and 20.
Flood Damage Prevention Ordinance
Page 7 of 11
(10) All records pertaining to the provisions of this Ordinance
shall be maintained in the Building & Zoning Department and
shall be open for public inspection.
Section 17. PROCEDURES FOR VARIANCES FROM THIS ORDINANCE
(1) The City Commission as established by the Charter of the City
of South Miami, Florida, shall hear and decide appeals and
requests for variances from requirements of this Ordinance.
(2) The City Commission shall hear and decide appeals when it is
alleged that there is an error in any requirement, decision,
or determination made by the Building Official in the
enforcement or administration of this Ordinance.
(3) Any person aggrieved by the decision of the City Commission
or any taxpayer may appeal such decision to the Appellate
Division of the Circuit Court, as provided in F.S. 120.68.
(4) Variances may be issued for the repair or rehabilitation of
historic structures (see definition) upon a determination that
the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and
the variance is the minimum to preserve the historic character
and design of the structure!
(5) In passing upon such applications, the City Commission shall
consider all technical evaluations, all relevant factors, all
standards specified in other sections of this Ordinance, and:
(a) the danger that materials may be swept onto other lands
to the injury of 'others;
(b) the danger to life and property due to flooding or
erosion damage;
(c) the susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
(d) the importance of the services provided by the proposed
facility to the community;
(e) the availability' of alternative locations, not subject
to flooding or erosion damage, for the proposed use;
(f) the compatibility of the proposed use with existing and
anticipated development;
(g) the compatibility of the proposed use to the
comprehensive plan and floodplain management program for
that area;
(h) the safety of access to the property in times of flood
for ordinary and emergency vehicles;
(i) the expected heights, velocity, duration, rate of rise
and sediment transport of flood waters and the effects
of wave action, if applicable, expected at the site, and;
(j) the costs of providing governmental services during and
after flood conditions including maintenance and repair
of public utilities and facilities such as sewer, gas,
electrical, and water ',systems, and streets and bridges.
(6) Upon consideration of the factors listed above, and the
purposes of this Ordinance, the City Commission may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
(7) Conditions for granting Variances from this Ordinance:
(a) Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief and in the instance of
a historical building, a determination that the variance
is the minimum necessary so as not to destroy the
historic character and design of the building;
(b) Variances from this Ordinance shall only be issued upon:
M a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance
would result in exceptional hardship; and,
(iii) a determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extraordinary public
expense,', create nuisance, cause fraud on or
victimization' of the public, or conflict with
existing local laws or ordinances.
(c) Any applicant to whom a variance is granted shall be
given written notice specifying the difference between
the base flood elevation and the elevation to which the
building is to be built and stating that the cost of
flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(d) The Building Official shall maintain the records of all
appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
Section 18. GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazard the following provisions are
required:
(1) New construction and substantial- improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the structure;
(2) New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage;
(3) New construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
(4) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and /or located so as to prevent water from entering or
accumulating within any component during conditions of
flooding;
(5) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the
system
(6) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters;
Flood Damage Prevention Ordinance
Page 9 of 11
(7) On -site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from
them during flooding;
(8) Any alteration,,_ repair, reconstruction or improvements to a
building which is in compliance with the provisions of this
Ordinance, shall meet the requirements of new construction as
contained in this Ordinance; and,
(9) Any alteration, repair, reconstruction or improvements to a
building which is not in compliance with the provisions of
this Ordinance, shall be undertaken only if said non -
conformity is not furthered, extended, or replace.
Section 19. SPECIFIC STANDARDS FOR FLOOR HAZARD REDUCTION
In all areas of special flood hazard where base flood elevation
data have been provided,, as set forth in Section 7 or Section 16,
subsection (9), the following provisions are required:
(1) Residential Construction
New construction or substantial improvement of any residential
building shall have the lowest floor, including basement,
elevated no lower than two (2) feet above the base flood
elevation. Should solid foundation perimeter walls be used
to elevate a structure, openings sufficient to facilitate the
unimpeded movements' of flood waters shall be provided in
accordance with standards of Section 19, subsection (3).
(2) Non- Residential Construction
New construction or substantial improvement of any commercial,
industrial, or non - residential building shall have the lowest
floor, including basement, elevated no lower than two ( 2 ) feet
above the base flood elevation. A registered professional
engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be
provided to the Building Official as set forth in Section 16,
subsection (7).
(3) Elevated Buildings
New construction or substantial improvements of elevated
buildings that include fully enclosed areas formed by
foundation and other exterior walls below the base flood
elevation shall be designed to preclude finished living space
and designed to allow for the entry and exit of floodwaters
to automatically equalize hydrostatic flood forces on exterior
walls.
(a) Designs for complying with this requirement must either
be certified by a professional engineer or architect, or
meet the following minimum criteria:
(i ) Provide a minimum of two openings having a total net
area of not less than one square inch for every
square foot of enclosed area subject to flooding;
/ 44 Flood
The bottom of all openings, shall be no higher than
one foot above grade; and,
Openings may be equipped with screens, louvers,
valves or other coverings or,devices provided they
permit the automatic flow of floodwaters in both
directions.
Damage Prevention Ordinance
Page 10 of 11
(b) Access to the enclosed area shall - be the minimum
necessary to allow for parking of vehicles (garage door)
or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator); and,
(c) The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms.
Section 20. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize flood. damage
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards; and,
(4) base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater
than the lesser of fifty lots or five acres.
Section 21. If any section, clause, sentence, or phrase of this
Ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Ordinance.
Section 22. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed [Editor's Note: this
specifically refers to Ordinance No. 452, § 1, adopted September
20, 1960, as contained in Section 7 -5 of the Code of Ordinances].
Section 23. This Ordinance will take effect immediately at the
time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1992.
APPROVED:
MAYOR
PASSED FIRST READING:
PASSED SECOND READING:
Flood Damage Prevention Ordinance Page 11 of 11
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY
COMMONLY KNOWN AS 41sT STREET BIRD ROAD ALLEY AND
LEGALLY DESCRIBED HEREINBELOW; PROV ?DING FOR
9RVERABTLTTY ;_PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission has the power to vacate,
abandon, discontinue and close an existing public or private
street, alley -way, road, highway or other place used for travel
or any portion thereof, other than a state or federal highway,
and to renounce and disclaim any right of the City and the public_
in and to any land in connection therewith; and
WHEREAS, the Administration has recommended the vacating of
that alley commonly known as 41st StLCcL B1Ld Road Alley and
'legally described In the attached Exhibit "A ", as the said alley
presently serves no public purpose to the C#ty and will, upon
its reversion to the adjacent property owners, constitute
additional ad valorem tax revenues to the City; and
WHEREAS, therefore, on July 28, 1992, a public hearing was
set.". for September 1, 1992 at 7:30 P.M. or as soon thereafter as
may be heard and notice thereof was published in a newslidper of
general. circulation in Dade County at least two weeks prior to
the date stated therein for such hearing; and
WHEREAS, Ltic. City Commission has now completed the public
hearing,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section._.. That the alley commonly known as 41st Street
Bird Road Alley and legally described in the attached Exhibit "A"
within the City of South Miami be, and the same hereby is,
nounced, and disclaimed by the City nf Snuth Miami
and shall, pursuant to the plat creating that alley, revert to
the ownership of the immediately adlarent properties.
9action_.2. Notice of the adoption of this Ordinance by the
Commission shall be published one time, within 30 days following
its adoption, in one issue of a newspaper of general circulation
published In Dade County. The proof of publication of notice of
public hearing, the Ordinance as adopted, and the proof of
publication of the notice-of the adoption of such Ordinance shall
be zecorded in the deed records of Dade County.
Se.c.t1u.n.-I.- If any section, clause, sentence, or phrase of
this Ordinance is hold to be Invalid or unconstitutional by any
court of competent lurl-,diction, then said holding shall. in no
way affect the validity of the remaining poxLloi►u of this
Ordinance.
Section 4. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this --th day of October, 1992.
ATTEST!
CITY Ci,*E'-'R-i-''-----,-"-", "" "*"'*-"---
READ AND APPROVED AS TO FORM:
CITY A-1-1116
APPROVED:
MAYOR
2
i
E->13-9 2 -00 3
Applicant: City Administration -
Request: Abandonment of Alley
Staff Report for PB -92 -008
_NALY S I S
The City Administration wishes to close the alley _that is located behind
Allen's Drugs. This public right -of- way does not serve as a regular public
.horoughfare. The property will revert to private ownership.
<ECOMMENDATION
Staff recommends approval of Administration's request.
PB -92 -008 Bird Road Alley
Page 2 of 6
PB -92 -008
rage 1: Copy of current survey
I -�
gird Road Alley
10.00
T �
110 u'
0
Page 3 of 6
Paae 2: Copy of current survev
7-7-GAL DESCRIP71ON: a s'r.c lan.i lying in a portion
? l ock WES MAN,_ x :ON ONE AND TWO, according
to t: ^.e Plat thereof as :-eco; aec: Pl--_ BooK 18 at Page 47
of the Fubl is Records -.: Da,:e C .,ty. Florida, more
particularly- described as f•. l low ;
Begin at the Northwest corn, -r or '.-Qt 11. Black 2. as sncwr.
on said Plat of WESTI:RF :ELD MANC )k SEC':"ION ONE AND. TWO;
thence Suuther i y along . he `+pest :': ne -,f Lot.. 11, 12, '13. 14
Bl,:rck 2, as shown on tt,e af:Jremcr,tionel Pla•:, a distance of
225.35 feet to the Southwest. core- of said Lot 14. Block 2:
thence Westerly alone 1�e W.-gte _ cic,. of ..i.o
ine of said Lot 14, for a .:fists ._ -: of 15.0 feet to the
Southeast corner of Lit 165. of El _,ck 2. thence
Northerly along the E7sterl . l':. _ Df L .t 15 and 10. Block
as shown on said Plat :: WE.-TERF : '-D !`-NOR ")ECTION ONE AND
TWO • ror a distance : f --)5,. •4 f r- to - -t-,e N,)rtheast corr:er
of said Lot 10: thence 7-as't, -rly 3 i )ng ' he E.isterly extension
o* the North lane of sa:t ''L, t 1 r a distance of 15.0 feet
to the i',)lnt of Beglnr.::.
AND
GAL DESCRIPTION: For t stilp jf :and lying in a portion of
B., 3. WESTERFIELD MANOR �ECT:DN ONE AND 7WO, acct, ng to
the thereof as recorded in Plat E -..jok lei, at P 47. of
the Publ Records of Dade County. Florida.
Begin at the hwest rnrr c LA i_" luck 3. a5 shown
on said Plat of ERFIELD MANOR ON ONE AND TWO;
thence Southerly al o the west l e o� Lots 11, 12, 13. 14
(Block 3 as shown on t af,re tione -i Plat for a distance
of 220,0 feet to the 3 u corner ,f said Lot 14; thence
Westerly along the Weste ens ion .•f tht• South I ine of
said Lot 14 for a dis c .'f I fee,- to *he Southeast
corner of Lot 15 of aid B1' =k -e Noi,therl,y 61ong the
East line of-sai ots 15 an! 10 or sa Block 3. as shown
on said Plat o STERFIELD .'MANOR SECTIO AND TkO; for a
distance of - 0 feet t .� tt,e Northeast come f' said Lot
i G ; then aster ly a l or j t'r;e Easterly extens ion the
North a of said Lot :Dr s' distance or 10.0 et to
the Point of Beginning.
PB -92 -008 Bird Road Alley Page 4 of 6
PB -92 -008
Area map indicating subject properties and mailing area
lI�IY1+ •1 .� • � I
YYom- � �1.•.. � 1
_- 7 1,
HAWP6 AT-EA
L
APPLICANT: ` L Ar.> m w t Y p_0Tl Ohi
OWNER:
h9►P REFERENCE: '~ �� COMOPS!
= t:,T.1TS
kbA�Dov4 Me�'f AS S�OWn
`J Dote.�W,'ai..lg'7L.
Orn ...... Chk.....
CITY or MUTU MIAMI --PLANNING 50AQD fterrina .Co$
Bird Road Alley
Page 6 of 6
AGREEMENT
THIS AGREEMENT entered into by and between 79TH STREET
CORPORATION, a Florida corporation, hereinafter referred to as the
Party of the First Part, and MARY MATTHEWS and ELSIE JACOBS,
hereinafter referred to as the Second Parties,
WHEREAS, the First Party is the owner of:
Lot 10 and Lot 15, in Block 2, WESTERFIELD
MANOR SECTION ONE AND TWO, according to the
Plat thereof, as recorded in Plat Book 18, at
Page 47, of the Public Records of Dade County,
Florida, and
WHEREAS, the Second Parties are the owners of:
Lots 11, 12, 13 and 14 in Block 2, WESTERFIELD
MANOR SECTION ONE AND TWO, ,according to the
Plat thereof, as recorded in Plat Book 18, at
Page 47, of the Public Records of Dade County,.
Florida, and
WHEREAS, The City of South Miami has sought to abandon
the alley lying between the property of the First Party and the
property of the Second Parties which is' 15 feet in width,
hereinafter referred to as the "Alley ", described as follows:
Begin at the Northwest corner of Lot 11, Block
2, as shown on said Plat of WESTERFIELD MANOR
SECTION ONE AND TWO; thence Southerly along
the West line of Lots 11, 12, 13, 14, Block 2,
as shown on the aforementioned Plat, a distance
of 225.35 feet to the Southwest corner of said
Lot 14, Block 2; thence Westerly along the
Westerly extension of the South line of said
Lot 14, for a distance of 15.0 feet to the
Southeast corner of Lot 15, of said Block 2;
thence Northerly along the Easterly line of 'Lot
15 and 10, Block 2 as shown on said Plat of
WESTERFIELD MANOR SECTION ONE AND TWO, for a
distance of 225.34 feet to the Northeast corner
of said Lot 10; thence Easterly along the
Easterly extension of the North line of said
Lot 10 for a distance of 15.0 feet to the Point
of Beginning,
WHEREAS, for a period of over forty years the septic
tanks and drain fields serving the property of the Second Parties
has been under said Alley, and
WHEREAS, The City of South Miami wishes to abandon the
Alley and upon abandonment ownership of the Alley will revert to
the parties, the East 7 1/2 feet to the Second Parties and the
West 7 1/2 feet to the First Party, and
WHEREAS, the First Party has no desire to retain
ownership of the Alley subject to an easement for maintenance of
the First Party's building over said Alley, it is therefore
AGREED AS FOLLOWS:
1. That upon abandonment of the Alley, the First Party
will convey all right, title and interest to the Alley by Quit -
Claim Deed to the Second Parties, retaining unto themselves an
easement over and across said Alley for the purpose of repair and
maintenance of, and improvements to the First Party's building.
2. Upon conveyance of the Alley to the Second Parties,
the Second Parties shall be responsible for the maintenance and
ownership thereof.
IN WITNESS WHEREOF, we set our hands and seals this
1992.
"First Party"
79TH STREET CORPORATION,
a Florida corporation
f 2 By:
F. R. BATISTA, President
ao
"Second Parties"
MARY MATTHEVP
L
ELSIE JACOBS I
19
i
i
I
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE SALE OF A
PORTION OF THE "OLD SOUTH MIAMI PLANT NURSERY" LEGALLY
DESCRIBED HEREINBELOW TO HABITAT FOR HUMANITY INC. FOR
THE SUM OF t 1,00 UPON THE BASIS THAT THE SAID LAND 19
NOT PRESENTLY SERVING ANY PUBLIC PURPOSE; THAT QUALITY
LOW COST HOUSINC IS NEEDED IN THE CITY OF SOUTH MIAMI,
FLORIDA; AND THAT HABITAT FOR HUMANITY HAS A PROVEN
RECORD OF PROVIDING QUALITY LOW COST HOUSING; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida is the owner of
the nr.emises commonly known a-, the Old South Miami Plant Nursery,
1e4ally described hereinbelow and hereinafter called the
"premises "; and
WHEREAS, the City of South Miami has not nti317ed the
premises for some time, nor does it appear feasible to utilize
the premises for any public purpose in the future; and
WHEREAS, the Mayor and City,Commission find that there is a
need for quality low cost housing in the City and that Habitat:
for Humanity Inc., a non- profit corporation, has a proven record
of pr.ovidinq such housing to persons who become homeowners, and
therefore maintain the premises and pay ad alorem taxes to the
City;;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDAt
aection_.12 That the City Administration bo, and hereby is,
authorized to sell to Habitat for Humanity Inc. the Old South
Miami Plant Nursery, legally described as follows:
South 25.86 feet of I,ot 116 and East 11.25 feet of
alley lying west and adjacent closed per Ordinance
7- 79- 1.029, University Park, Plat Book 18 at page 46 of
the public records of Dade County, Florida, lot size
approximately ].,483 square feet; and
Lot 117 and East 11.25 feet Of alley lying west and
adlacent closed per Ordinance 7 -79 -1029, University
Park, Plat Book 18 at page 46 of the public records of
Dade County, Florida,- lot size approximiLuly 11,242
square feet;
for the sum of S 1.00. Said premises to be 501CI "as is", with no
warranties, and with a deed reverter clause requiring new single
family honsing according to City of South Miami Code Standards to
be build within a period of eight months from the execution of
the Deed.
Se-ct i-o.n.-2-1. T f any section, clause, sentence, or phrase. of
this Ordinance is held to be invalid or unconstitutional by any
court of competent iuKisdiction, then said holding shall in no
way affe(!t the validity of the remaining portions of this
Ordinance.
Section 3. Al2 Ordinances or
parts of Ordinances in
conflict herewith be and the same are herel)y repealed.
Secti.gn 4.. This Ordinance shall take effect immediately at
the Lime of its passage.
PASSED AND ADOPTED this clay of October, 1992.
APPROVED;
MA70P.'
ATTEST:
HT-Y,
READ AND APPROVED As TO FORM:
CITY -"A"-T- -T 0' R- N"E" - Y-,
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND'
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY
PROVIDING ':A DEFINITION OF "SHOPPING CENTER" IN SECTION
20 -3; PROVIDING F01U SEVERUTUTY ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for permitted uses of
real property in the City of South Miami, which refers to "shopping
centers ", but does not provide a specific definition thereof; and
WHEREAS, the Mayor and City Commission wish to amend the Land
Development Code to provide a specific definition for shopping
centers;
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 include the following:
SHOPPING CENTER.—Shall mean a single structure designed for, and
in which, a variety of predominantly retail product, and
secondarily service, businesses grouped around a spacious common
automobile parking facility for the customers of the businesses.
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.
z
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND'
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY
PROVIDING ':A DEFINITION OF "SHOPPING CENTER" IN SECTION
20 -3; PROVIDING F01U SEVERUTUTY ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for permitted uses of
real property in the City of South Miami, which refers to "shopping
centers ", but does not provide a specific definition thereof; and
WHEREAS, the Mayor and City Commission wish to amend the Land
Development Code to provide a specific definition for shopping
centers;
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 include the following:
SHOPPING CENTER.—Shall mean a single structure designed for, and
in which, a variety of predominantly retail product, and
secondarily service, businesses grouped around a spacious common
automobile parking facility for the customers of the businesses.
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.
F
PASSED AND ADOPTED this th day of , 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
MEMORANDUM
DATE October 9, 1992
TO ; Mayor and Commission
FROM Martin David Berg, City At..Luxney
RE Def.init]on of "Shopping Center" - follow -up
Yogi will recall that, at the meetIny of Sept.embez 8, a section of
the Land Development rode relating to :signs ( sec.20 -9.3 (I) (3)
(h) 1 which allowed more signage to a "shuppiny c:eui.er wa:;
mentioned, but the trtm w,4-q not defined in the Code. Therefore,
on September 18, I prepared a Memorandum (aLtached) with a proposed
- dt-fiw.ition anti Said- "If anyone hawsny suggestions /changes, please
call me.
I heard nut.hirla flITther until the Commission Meeting of October 5,
when 't Wdti 7ugge3ted I speak with 'Planning Consultant Robert.
Swarthuut. r.eaardinq the definition.
I have done so; attached is his letter. and its enclosute, a
de F i rti t. i nn from The Illustrated .Book of Devclovment Definitions.
1932- 1-0 -09 14:47
CALL4JS BEFORE SENDING A FAX 003
ROBERT K. SWARTHOUT, INCORPORATED city planning consultants
400 South Dore Highway, Suite 121
BocaRaton, Florida 334324M
(407) 89�b800
October '7,1992
Mr. Martin Berg
19 West FlaSier Street.
Biscayne Building, Suite 802
Miami, Florida 33130
Dear Mr. Berg:
Enclosed is a shopping center definition from The Illustrated Book of
Development Definitions. This is a publication from the Center for Urban
Policy Research at Rutgers University. This defiaition seems satisfactory
for most purposes. So to do the definitions you read to me from Webster's
Dictionary and Anderson's treaties on zoning. If these definitions do not
meet the needs of South Miami, I could meet with the Commission and/or
staff to learn more about their concerns and craft a definition specifically
tailored to their needs.
Yours truly,
ROBERT K. SWARTHOUT, INCORPORATED
Robert K. Swartho4 AICP, PCP
+� e
Enclosure
Th &_ I `l _ , d:_ Books
of DevelopmCUL.
of ition' s
Harvey S. Moskowitz
Carl G Lindbioom
SHOPPING CENTER � A group of commercisii, a }tablishrnenu pinned, con-
strueted and managed as a total entity with customer and
employee parking provided on -site, provision for goods
delivery separated from customer access, aesthetic con -
siderations and protection from the elements. t
Commam• Shopping centers -are further defined by size
and the area their shoppers come from: (t) Asuper rt.
siond asnter includes retail. office, and service uses,
oawpia over 100 acres, has four or more anchor stores
and aontahse ever one million square feet of Irma leas
able space( A resiasdf shoppingevneercontains a wide
range of'retall and service establishments. oeeupics So to
100 sera of land, has at least one or more anchor storm
and contains over 400,000: square feet of gross leasable
span. It drawn in clientele Imm as much as a 45- minute
drive away; (3) Community shopping censers will feature
a junior department store with approximately 150,000
square feet of gross leasable. area, and have a site area of
10 to 25 acres: Its clientele will come a radius of a 10.
minute drive from the ,center (4) Neighborhood shop -
ping renters generally sell goods necessary to met daily
need. occupies up to 10 - acres. has up to 104,000 square
fut of grog lauble area. and draws it clientele from
a 5- minute radius from the' center. See Mink -Mau.;
SPIC AUTY sNOrrlxo CENTFL
MEMORANDUM
DATE September 18, 1992
TO Mayor and Commission
FROM Martin David Berg, City Attorney
RE Definition of "Shopping Center"
This is ,a follow -up on the captioned matter which was raised at the
Commission Meeting of September B. You will recall a section of the
Land Development Code relating to signs ( sec.20 -4.3 (I) (3) (b) )
allows more signage•t'o a "shopping center ", but the term is not
defined in the Code
Section 20 -2.1 (E) of the Code states: "Words not defined herein
shall be construed to have their common, ordinary meanings unless
the context clearly otherwise requires."
Webster' s Third New International Dictionary (1986) defines
shopping center as follows:
A concentration of retail stores and service
establishments in a suburban area usually with generous
parking 'space and usually planned to serve a community or
neighborhood.
Anderson, American Law of Zoning 3d discusses shopping center as
follows:
[Tlhe modern shopping cenLuL is a planned development of
a compact area. Stores and service centers are grouped
around a spacious parking area which is available to the
customers of all. In size, these centers vary from those
consisting of a dozen or so retail stores intended to
serve the needs of a small area, to regional centers
which offer most of the goods and services which are
available in the shopping area of the center city.
No definition, nor case law (which I also consulted), provides a
specific number of stores as a dividing point between "shopping
center" and " not a shopping center ". Rather, the common points
are the Planned nature, compactness (as contrasted to "the ribbon
development of commerce along a main thoroughfare "), and spacious
parking.
As d aefsult, I suggest the following definition for use in our
Code:
SHOPPING CENTER. Shall mean a single structure designed
for, and in which are a variety of predominantly retail
Product, and secondarily xnrviee businesses grouped
around a spacious common automobile parking facility for
the`customerR of the businesses.
If anyone has any suggestions /changes, please call me.
40001A
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND'
DEVELOPMENT CODE OF THE 'CITY OF SOUTH MIAMI, FLORIDA BY
PROVIDING -A DEFINITION OF "SHOPPING CENTER" IN SECTION
20 -3; PROVIDING POW SEVERABILITY ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for permitted uses of
real property in the City of South Miami, which refers to "shopping
centers ", but does not provide a specific definition thereof; and
WHEREAS, the Mayor and City Commission wish to amend the Land
Development Code to provide a specific definition for shopping
centers;
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 include the following:
SHOPPING CENTER. Shall mean a single structure designed for, and
in which, a variety of predominantly retail product, and
secondarily service, businesses grouped around a spacious common
automobile parking facility for the customers of the businesses.
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.
�. -
t
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND'
DEVELOPMENT CODE OF THE 'CITY OF SOUTH MIAMI, FLORIDA BY
PROVIDING -A DEFINITION OF "SHOPPING CENTER" IN SECTION
20 -3; PROVIDING POW SEVERABILITY ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for permitted uses of
real property in the City of South Miami, which refers to "shopping
centers ", but does not provide a specific definition thereof; and
WHEREAS, the Mayor and City Commission wish to amend the Land
Development Code to provide a specific definition for shopping
centers;
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 include the following:
SHOPPING CENTER. Shall mean a single structure designed for, and
in which, a variety of predominantly retail product, and
secondarily service, businesses grouped around a spacious common
automobile parking facility for the customers of the businesses.
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 , 1992,
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
2
MEMORANDUM
DATE October 9, 1992
TO Mayor: and Commission
FROM -- Martin David Berg, City Airtuziiey
RE Definition of "Shopping Center" follow -up
Yo o will recall that, at the meet 1 ng of September 8, a section of
the Land Development Code relating to signs ( sec.20 -9.3 (I) (3)
W t which allowed more signage to a "shuLipinq center" wa:;
mentioned, but the *_rtm w+4S not defined in the Code. Therefore,
on Septembez 18, I prepared :a Memorandum (attached) with a pzoposed
- - de- fiaition and said: "If anyonm - haeg#fly suggestions /changes, please
call me . "
1 heard nuthirla farther until the Commission Meeting of October S,
when * t watt :: uq 3ested I speak with Planning Consultant Ruher t.
Swarthu„t. r.eaardina the definition.
I have clone so; attached is his letter and i to enclosute, s
derinitinn from The Illustrated_ Book,k k)f Devclovment Definitions.
a22
9 9 2 -1'0 —a 9 14 : 4 7 CALL nLJS BEFORE SEND I NG A FAX 003 F C
ROBERT K. ►g. WARTHOUT, INCORPORATED city planning con:ultanta
400 Booth Dore Highway, Suite 121
BoctRatan, Florida 334324M
(407) 9924M
($06}.:48741W
October 7, 1992
Mr. Martin Berg
19 West Flagler Street.
Biscayne Building,, Suite 802
Miami, Florida 33130
Dear Mr. Berg:
Enclosed is -a shopping center definition from The Illustrated Book of
Development Definitions. This is a publication from the Center for Urban
Policy Research at Rutgers University. This definition seems satisfactory
for most purposes. So to do the definitions you read to me from Webater's
Dictionary and Anderson's treatise on zoning. If these definitions do not
meet the needs of South Miami, I could meet with the Comm. . a and/or
staff to learn more about their concerns and craft a definition specifically
tailored to their needs.
Yours truly,
ROBERT K. SWARTHOUT, INCORPORATED
/'Z - 4 U , —0"/- /' /4 9 .4 �-:� �� �
Robert K. Swaitho4 AICP, PCP
._ .
Enclosure
T e, 1W end: Sore
of Development.
Definitions
Harvey S. Moskowitz
Carl G. Lindbloom
SHOPPING CENTER A group of commercial e*tablishments planned, con
structed and managed as a total entity with customer and
employee parking provided on- site, - provision for goods
delivery separated from customer access, aesthetic con -
siderations and protection from the elements.
Cosr omm, Shopping centers -are further defined by sire
and the area their shoppers come from: (1) A super rr'
Blond cmw includes retail, office, and service uses,
occupies over 100 acre$, has four or more anchor stores
and conuW over one millkm square feet of gross kss-
able space; {2) Aregional shoppingcenter contains a wide
range of retail and service estabiishmenis, occupies 50 is
100 acres of land, has at least one or more anchor stores,
and contains over 400.000: square feet of gross leasable
spas. It draws its oiientele.from as much as a 45- minute
drive mar, (3) Community shopping centers will feature
a junior department store with approximately 150,000
square feet of gross leasable. area, and have a site area of
10 to 25 acres: Its clientele will come a radius of a 10-
minute drive from the center, (4) Neighborhood shop-
ping centers generally sell goods necessary to meet daily
needs, occupies up to 10 acres. has up to 100,000 square
fat of gross leaeabie area, and draws it clientele from
a 3- minute radius ( rein the' center. Ste MIWI -MALU
,SPECIA m,sNOrPWO CSNTsa
It
aw
MMMORANDUM
DATE September 18, 1992
TO Mayor and Commission
FROM : Martin David Berg, City Attorney
RE Definition of "Shopping Center"
This is a follow -up on the captioned matter which was raised at the
Commission Meeting of September 8. You will recall a section of the
Land Development Code ,relating to signs( sec.20 -4.3 (I) (3) (b) )
allows more signage•to a "shopping center ", but the term is not
defined in the Code.
Section 20 -2.1 (E) of the Code states: "words not defined herein
shall be construed to have their common, ordinary meanings unless
the context clearly otherwise requires."
Is Third New Tnternational Dictionary (1966) defines
,shopping center as follows
A Concentration of retail stores and service
establishments in a suburban area usually with generous
parking space and usually planned to serve a community or
neighborhood.
Anderson, American Law of Zoning 3d discusses shopping center as
follows:
[Tlhe. modern shopping cuaLut is a planned development of
a compact area. Stores and service centers are grouped
around a spacious parking area which is available to the
customers of all. In size, these canters vary from those
consisting of a dozen or so retail stores intended to
serve the needs of a small area, to regional centers
which offer most of the goods and services which are
available in the shopping area of the center city.
No definition, nor case law (which I also consulted), provides a
specific number of stores as a dividing point between "shopping
Center" and " not a shopping center ". Rather, the common pointx
are the Planned nature, compactness (as contrasted to "the ribbon
devel.nrment of commerce alonq a main thoroughfare "), and spacious
parkinq.
As d Leuult, I suggest the following definition for use in our
Code:
SHOPPING CENTER. Shall mean a single structure designed
fox, and in which are a variety of predominantly retail
Product, and secondarily morvice, businesses grouped
around a spacious common automobile parking facility for
the customern of the businesses.
If anyone has any suggestions /changes, please call me.