01-02-91OFFICIAL AGENDA
CITY OF :' SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
JANUARY 2, 1991
7:30 p.m.
A. Invocation
Next Resolution:
Next Ordinance:
Next Commission Meeting- Jan. 15 , 19
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes of December
2. City Manager's Report
3. City Attorney's Report
4, 1990, Regular City Commission Mt
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida; amending Section 20 -2.3 of the Land
Development Code of the City of South Miami to provide specific
definitions for catering services; restaurant, accessory; restaurant,
convenience; restaurant, general; and restaurant, walk -up; deleting
eating place from section 20 -2.3 (E); deleting eating place
(accessory) from Section 20 -2.3 (E) providing the aforesaid restaurant
categories as special uses in Section 20 -3.3 (E), providing special
use conditions for restaurant, convenience; restaurant, general;
and restaurant, walk -up in Section 20 -3.4 (B)(4); providing for
severability; providing for ordinances in conflict; and providing
an effective date. (Administration) (3/5)
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida approving requests for a waiver from
Section 20 -4.2 (C) (1) of the Land Development Code for required
sidewalks, curbs and gutters in the public right -of -way; and a
partial waiver from Section 20 -4.2 (C) (1) of the Land Development
r� Code of required paving and drainage in the public right -of -way;
both requests by Mr. Stanley Toledo from the Planning Board of
the City of South Miami, Florida for the property known as 6340 SW
49 Street, South Miami, Florida, and legally described herein.
(Planning Board /Administration)(4 /5
RESOLUTIONS:
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, Appointing Commissioner Betty Banks
Representative to Keep Dade Beautiful, Inc. (.Mayor McCann) (3/5)
7. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to expend the total sun
� of Six Thousand ($6,000.00) Dollars for continued field operation
/1
lJ costs for an off -site office for expanded drug and related narcotics
y-U investigations and providing for disbursement from Account Number
'Law Enforcement Special Trust Fund ".
U� -�y /p -yyU° rUQjJ�U 7 � (Administration) (3/5)
ORDINANCES - FIRST READING: UGr /`UN%
None.
RFMARKS:
None.
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the
appeal if based.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE A SPECIFIC DEFINITION FOR SIGN, MENU BOARD;
AMENDING SECTION 20 -4.3 (I)(3) PROVIDING FOR A MINIMUM
FRONTAGE REQUIRED FOR DETACHED SIGNS, REGULATING THE SIZE
OF DETACHED SIGNS, AND PROVIDING FOR MENU BOARD SIGNS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to make
provisions to allow menu board signs in conjunction with detached
signs in the Land Development Code of the City of South Miami,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
SIGN, MENU BOARD. Shall mean a sign with a listing of food and
beverage offerings for drive -in patrons of fast food restaurants.
Menu board signs may include microphones for customer use within
the menu board sign structure.
Section 2. That Section 20 -4.3 (I)(3) be amended as follows:
(3) Minimum street frontage of one hundred (100) lineal feet is
required; direct illumination permitted; reduced setbacks of
ten (10) feet shall be permitted (for signs only) as follows:
(a) One (1) sign per lot, not to exceed thirty -five (35)
square feet in area or twelve (12) feet in height.
(b) For shopping centers, two ( 2 ) signs not to exceed thirty -
five (35) square feet in area each or twelve (12) feet
in height.
(c) One (1) menu board shall be permitted at a fast food
restaurant, not to exceed thirty -five (35) square feet
in area or seven and one -half (7.5) feet in height.
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.
1
Section 4. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
Section 5. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
, 1990.
Section 20 -2.3
SIGN, MENU BOARD: Shall mean a sign with a listing of food and
beverage offerings for drive -in patrons of fast food restaurants.
Menu board signs may include microphones and speakers for
customer use, either within or outside the menu board sign
structure. Microphones and speakers utilized solely for the
purpose of transmitting and receiving food orders from patrons
and located outside the menu board sign structure shall not be
counted against the sign size and quantity limitations noted
herein for fast food restaurants, so long as (1) the microphone/
speaker structure is no more than four (4) feet high, and (2) no
wording is contained on the microphone /speaker structure, other
than wording of a non - advertising nature such as "Speak Here,"
"Place Your Order," etc.
1DC0107JBP.91
"1 5
i
(` RDINANCE Nrl.
i
AN ORDINANCE AMENDING SECTION 20 -3.3 OF THE LAND
DEVELOPMENT CODE OF THE CITY nF SOUTF MIAMI Tr PROVIDE. A
SPECIFIC DEFINITION FOR SIGN, '1ENU BOARD; AMENDING SECTION
20- 4.3(1)(3) PROVIDING FOP, A MINIMUM FRONTAGE REOUIRED FOR
DETACHED SIGNS, REGULATING THE SIZE OF DETACHED SIGNS;
PROVIDING FOR MENU BOARD SIGNS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN
EFFECTIVE DATE.
Moved by Mayor 'McCann, seconded ?-)y Commissioners Banks and
Cooper this be considered the first reading of the ordinance in
its entirety and it he placed for second reading and r_uhlic
hearing after going to the Planning Board for their.
recommendation.
Mavor ' McCann noted that menu signs are not permitted for
fast `ood restaurants.
Moved by iMavor 'McCann, seconded 'by Comr^issioner Cooper,
subsection (b) be amended to 35'square feet in area each and no
more than 12' in height. Wice -Mayor Carver said he would like to
receive some factual input from the Planning Board on this
ordinance.
After discussion the motion was changed to include changing
the height limitation in subsection (a) to 12'.
Motion passed 5/0: Havor ' McCann, yea; 'lice- ?Mavor Carver,
yea; Commissioner Launcelott, yea; Commissioner Banks, :ea;
`commissioner Cooper, vea.
:Motion on ordinance, as amended, passed 510: Flavor "cCann,
vea; lice -Mayor Carver, yea; Commissioner Launcelott, 'ea:
Commissioner Banks, vea; Commissioner Cooper, yea.
'•favor 'McCann asked the ordinance be reviewed to ;sake
certain it correctly fits into the Land Development Code.
�I
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE A
SPECIFIC DEFINITION FOR ACCESSORY MEDICAL SERVICES; PROVIDING
FOR AN ACCESSORY MEDICAL SERVICES CATEGORY AS A SPECIAL USE
IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE CONDITIONS FOR
ACCESSORY MEDICAL SERVICES BY CREATING SECTION 20 -3.4 (B)(18);
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to make
provisions for the permitted use of certain accessory medical
services in conjunction with permitted Hospital Special Uses,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
ACCESSORY MEDICAL SERVICES. Shall mean only those services that
are not already provided by the Hospital facility which is for the
sole use of the Hospital staff and patients. Such uses may be
housed in a trailer unit where parking is provided in excess of
that required for the specially permitted Hospital Use and where
additional parking is also provided for the trailer unit.
Section 2. That Section 20 -3.3 (E)
Schedule be amended to add
ZONING DIS'
RI L M N
0 0 0 R
of the Permitted Use
the following:
C P
tRICTS O A
N R
S G I H D K
R R I S G
Accessory Medical Services I I I, I I, SI 18 1 7
Section 3. That Section 20 -3.4 (B)(18) of the Special Use
Conditions be added and contain the following:
(18) ACCESSORY MEDICAL SERVICES
0
(a) Facilities may be permitted only in conjunction with an
.approved Hospital Use and located on Hospital premises.
(b) Facilities may be provided in the form of a trailer unit
which is temporarily located for a specified length of
time as determined by the City Commission on an approved
site and conforms to all applicable Codes.
(c) Only one trailer unit may be permitted per each approved,
specially permitted Hospital Use.
(d) Only those services that are not already provided by the
Hospital facility and which is for the sole use of the
Hospital staff and patients may be permitted.
(e) No vehicular ingress nor egress shall be permitted along
streets or rights -of -way bordering residential zoning
districts in the City of South Miami.
r 1
(f) The City Commission shall review and recommend approval,
disapproval or modification of all site plans and project
specifications, including but not limited to, traffic
circulation, landscaping, facility placement, access and
facility arrangement for this Special Use Permit.
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 will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of , 1990.
APPROVED:
V •.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I
r.
i
/9L)
. ;!16 ORDINANCE NO.
AN ORDINANCE A ,TEr ?DIN(= SECTION 2n-2.3 OF THE L.%ND
DEVELOPMENT CODE OF THE CITY OF SOUTH PTIAMI TO P °1r,)VTnr A
SPF..CTFIC DFFINITION FOR ACCESSORY 'IEDICAL SERVICES, 'MEDICAL
CATEGORY AS A SPECIAL SUE I:T 20- 3.3(E); °ROVIDINC FOR
SPECIAL USF CONDITIONS FOR ACCESSORY P`EDICAL SFRVICES BY
CREATING SECTION 20-3.4 (B) (1 8) ; PROVIDING FOP, SE117ER_aBILIT'1r ;
PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDI "^ A''
EFFECTIVE DATE.
Moved by Mayor PicCann, seconded by Vice -Mayor Carver, this
be considered the first reading of the ordinance 'in its entirety
and it be placed on second reacting and public hearing after
review by the City's Planning Board.
Mayor '1cCann explained one hospital has requesters to have
their MRI facility as a mobile unit and it will be brought to
that facility only 1 or 2 days a week.
Vice -Mayor Carer noted that sharing of expensive medical
diagnostic equipment can reduce costs to the public.
Motion passed 510: ?Mayor McCann, yea; Nice- Mayor. Carver,
yea; Commissioner Launcelott, yea; Commissioner Banks, yea;
Commissioner Cooper, yea.
2r
PARKIN
GENERAL HOSPITAL
November 14, 1990
City of South Miami Commissioners
6130 Sunset Drive
South Miami, Florida 33143
Dear Sirs:
Please accept this letter as a petition to the City of
South Miami for an ordinance amending the land development
code to provide for accessory medical services (Mobile
MRI) at Larkin General Hospital.
Sincerely,
E. Tim Tim Cook
Administrator
ETC:mso
7031 S.W. 62nd AVENUE■ SOUTH MIAMI, FLORIDA 33143■ 305 - 284 -7500
0I >.DI NANCE I'0.
AN ORDINANCE OF TI'.E• I:AY0P ANED CITY C0"'I'ISSI0N OF T1'.E CITY
OF S0LTTF MIAi'.I, FLORIDA. is ",FNDI:'C SECTTOI: 15 -(.31 CF T:'I" CODE
OF ORDINANCES 01' TILE CITY OF SCUT11 MIAMI, FLORIDA, TC
PE I'I1 "ORILE FOOD VrINDOPS iN I ZOI ?I *'C DISTRICTS:
PROVIDING FOP, TERI'S AND CONDITIOFS: PROVIDING FOP.
SEVERAEILTTY A;'D AP FFFECTIVE DATE.
INIEREAS, the Code of Ordinances of the City of South I:iami
does not presently permit robile food vendors except or,
construction sites where wort: is actively in progress and in
exhibitions and festivals not exceeding five (5) days: and
WHErEAS, the Mayor and City Comr„ission of the City of South
Miami wish to amend the Code of Ordinances to permit mobile food
vendors to operate within I zoning districts of the City upon
certain terns and conditions.
NOW, THEREFORE, RE IT ORDAINED BY TI'T: MAYOR AND CITY
CONFISSION OF THE CITY OF SOUTH "IANI, FLORIDA:
Section 1. That Section 15 -63, Miscellaneous Provisions,
of the Code of Ordinances of the City of South Miami be, and the
same hereby is, amended to read as follows:
Section 15 -63 :lobile Vendors: definition and regulation
(a) A mobile vendor is any person, firm,
corporation or other entity which travels from place to place
selling any and all goods, wares, and merchandise, including,
specifically, food, food products and beverages.
( b ) All mobile vendors are prohibited from
operating or doing; business in the City of South Miami except as
hereinafter provided.
( c ) Mobile vendors selling food, food products and
beverages may operate and do business in I zoning districts and
upon construction sites where work is actively in progress upon
the following.; terms and conditions:
i. I'o mobile vendor shall station itself upon any
public street or right -of -way. Neither shall any mobile vendor
station itself upon any private property except with the express
permission of the owner thereof and in a manner which does not
impede the flow of traffic in public streets or rights -of -way nor
block pedestrian access to public streets or rights -of -way.
Section 2. That Section 20 -3.3 (D) of the Permitted Use
Schedule of the Land Development Code be amended to
add the following:
C P
ZONING DISTRICTS 0 A
N R
R L M N S G I D K
0 0 0 R R R S G
Mobile Vendors P N/A
ii. All motile vendors oust provide for their own
trash and garbage removal such that no trash or garbage remains
on the premises upon which the vending was conducted.
iii. No mobile vendor shall rer;ain in any one site
longer than thirty (20) minutes except in the case of n special
event, exhibition, exposition, art show and /or festival not to
exceed five (5) days and when further specifically permitted by a
majority affirrative vote of the City Commission by resolution.
Section 3 If any sentence, section, clause or phrase of
this ordinance is held to he invalid by any court of competent
jurisdiction, then said holding. shall in no way affect the
validity of the remaining portions of the 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 nDOPTED this day of
APPROVED:
ATTEST:
MAY 0P.
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
.'.17
ORDINAITCE :M M.
�IZ�I IC
Ail? ORDI.IANCE AMENDI: ?G SECTION 1 5-63 OF T',HE COPF OF
ORDIi?ANCES i0 PERMIT `10BIL^ FOOn VE�?DORS I:? LO, ".0 AND I
ZONING DISTRICTS AND PROVIDING FOR TERMS AND CONDITIONS;
PROVIDING FOR SEVERABILITY AND AN EFFECT117E DATE.
Moved by Commissioner Launcelott, seconded by Vice- `•iayor
Carver, this he considered the first reading of the ordinance in
its entirety and it be placed on second reading and public
hearing after go to the Planning �oard for their recommendations.
Commissioner Launcelott explained she has out the ordinance
on the agenda because she Eeels there is a need for the workers
in the area who cannot leave their jobs and go to a_ sit -down
restaurant. The =ooH vendors are a popular s2r.�ice.
dice- ?•favor Carver urged the ordinance he tightened up and
not permit `pushcarts` and that no street vendors be permitted
which would compete with established husi_nesses. Commissioner
Launcelott agreed, the food vendors should be motorized.
Commissioner Banks also agreed.
?layor ` JcCann objected to LO and '10 zoning being included as
she views it as a disservice to established businesses. Also,
the one hour time period is too ion ,o. Commissioner C000er agreed
with the time ? -ei.ng shortened and noted Hhat the vendors usually_
stay only 1" -15 minutes.
Moved by 14ayor McCann, seconded by Commissioner Cooper,
that LO and 110 be removed from the permitted zones.
Vote on motion was 3/2: Mayor 'Kann, yea; Commissioner
Banks, yea; Commissioner Cooper, yea; Vice -Mayor Carver, nay;
Commissioner Launcelott, nay.
Vice -Mayor Carver asked if amendments to ordinances
requiring 4/5 affirmative vote for passage also required a 4/5
affirmative vote. City Attorney Berg replied that they do.
Mayor McCann disagreed; stating the amendment should only
require a 4/5 affirmative vote if the amendment liberalizes
zoning. Mayor McCann said the ruling stands, but she would like
the City Attorney to revisit the issue.
Citv Attornev noted South Florida Building Code section,
mentioned, is not applicable.
Moved by Mayor McCann, seconded by Commissioner Cooper,
"(as defined in paragraph 3.403(f) of the South Florida Ruilding
Code)" be removed from subsection (c).
Motion passed 510: :'Mayor McCann, yea; Vice -Mayor Carver,
yea; Commissioner Launcelott, yea; Commissioner Banks, yea;
Commissioner Cooper., yea.
Moved by Vice- '•fayor Carver, seconded by Commissioner
Cooper, the time of one hour, subsection iii, he amended to
thirty (.10) minutes.
Motion passed 510: `savor `•IcCann, vea; 'Tice - ?favor Career,
yea; Commissioner Launcelott, yea; Commissioner Banks, yea;
Commissioner Cooper, yea.
Moved by 'favor 'McCann, seconded by Commissioner Cooper,
this item be added to the Land Development Code under the proper
designation.
Motion passed 5/0: Mayor ?McCann, yea; Vice- "favor Carver,
yea; Commissioner Launcelott, vea; Commissioner Ranks, yea;
Commissioner Cooper, yea.
Motion on ordinance, as amended, Passed '4/1 : 1Tice- `favor
Carver, yea; Commissioner Launcelott, yea; Commissioner Banks,
vea; Commissioner Cooper, ;pea; 'favor 'McCann, nav_ (due to the LO
and "MO zoning still being included). I
--ff1 -t-(,� -� 0
201LeA ��
ORDINANCE NO. 10 -90- 1450 -A
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR SATELLITE ANTENNAS;
DELETING "SATELLITE ANTENNAE" FROM SECTION 20 -3.3 (E) ;
DELETING SPECIAL USE CONDITIONS FOR "SATELLITE ANTENNAS"
IN SECTION 20 -3.4 (B)(15); CREATING SECTION 20 -5.23
SATELLITE ANTENNA PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Satellite Antenna "; and
WHEREAS, the Mayor and City Commission desire to regulate and
make provisions for existing antennas which already installed; and
WHEREAS, the Mayor and City Commission desire to change the
procedure under which satellite antennas and microwave dishes are
permitted in the Land Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be and the same is
hereby amended to include the following definitions:
ANTENNAS, SATELLITE EARTH STATION. Shall mean antennas restricted
to the sole purpose of receiving and amplifying microwave signals
for television reception and shall be permitted in residential and
commercial zoning districts.
ANTENNAS, MICROWAVE. Shall mean antennas restricted to the sole
purpose of receiving and /or transmitting and amplifying microwave
signals and shall be permitted in commercial districts only.
Section 2. That Section 20 -3.3 (E) Permitted Use Schedule be
and the same is hereby amended to delete the use
"satellite antennae" from the schedule as follows:
ZONING DISTRICTS O A
N R
R R R R R R R R R L M N S G I P P D K
S S S S T T M M 0 0 0 R R R I R S G
1 2 3 4 6 9 1 2
8 4
--
Section 3. That Section 20 -3.4 (B)(15) of the Special Use
Conditions be and the same is hereby amended to
contain the following:
(15) RESERVED.
1
Section 4. That Section 20 -5.23 SATELLITE ANTENNA PROCEDURES
be and the same is hereby created as follows:
(A) SATELLITE EARTH STATION ANTENNAS:
That plans of satellite earth station antennas shall be
submitted with each application for a building permit, which
shall include a site plan indicating the height, diameter,
color, location, setbacks, foundation details, landscaping and
screening, and that such plans shall be subject to approval
by the E.R.P.B. and that such antennas shall be subject to the
following standards:
1. Location
(a) In all RS, RT -6 and RT -9 Districts only ground- mounted
antennas shall be permitted and such antennas shall be
located in the rear yard of that property or in the
interior side yard and not visible from the street.
(b) In all other districts, roof - mounted antennas shall be
permitted, provided, however, that such antennas shall
be screened from ground view by a parapet or some other
type masonry wall or screening. The minimum height and
design of such parapet, wall or screening shall be
subject to approval by the E.R.P.B.
(c) Ground - mounted antennas shall also be permitted in the
RM -18, RM -24 and commercial districts subject to the
applicable provisions of this section.
2. Landscaping
(a) Ground mounted antennas shall be screened by landscaping
from view from the street and adjacent property owners
so that such antennas are not visible between ground
level and eleven (11) feet above ground level as shall
be approved by the E.R.P.B.
(b) In order to reduce the height of the required plant
material, berms may be employed in conjunction with the
landscaping plan. All plant material, size (at
installation), quantity and spacing shall be specified
on the landscaping plan or site plan.
3. Diameter
(a) The diameter of such antennas shall not exceed ten (10)
feet in all RS, RT -6 and RT -9 Districts.
(b) The diameter of such antennas shall not exceed fifteen
(15) feet in all other districts.
4. Height
(a) Ground - mounted antennas shall be limited to a maximum
height of eleven (11) feet above grade in all RS, RT -6
and RT -9 Districts and a maximum of fifteen (15) above
grade in all other districts.
(b) Roof - mounted antennas shall be limited to a maximum
height of fifteen (15 ) feet above the roof.
2
5. Setbacks
Ground - mounted satellite antennas in the most extended
position shall conform to the following minimum setbacks:
(a) i. Rear and Side
In all RS, RT -6 and RT -9 Districts fifteen (15 ) feet
and in all other districts, rear and side setbacks
shall be provided as are required for the principal
building on the building site.
ii. Setbacks from Power Lines
Satellite antennas or any appurtenances thereto,
shall be located not less than eight (8) feet from
any powerline over two - hundred fifty (250) volts.
(b) In no case shall such satellite antennas be located
closer to the front or side street of a lot or building
site than the main or principal building.
(c) Where such a satellite antenna is located on a building
site which is fronting upon two or more streets, the
antenna shall maintain the same setback as required for
the principal building along each such street.
6. Impervious Coverage
The impervious coverage of such antennas shall be counted
in computing the impervious coverage for auxiliary and
accessory use structures located upon the building site.
7. Color
Such satellite antennas and their appurtenances shall be
non - reflective black, green or the same color as the wall
to which it is attached ( if not freestanding) and, to the
extent possible, shall be compatible with the appearance
and character of the neighborhood.
8. Number Permitted
Only one (1) satellite antenna shall be permitted for
each principal building.
9. Installation
(a) The installation or modification of all satellite
antennas shall be in accordance with all applicable
construction and safety codes and procedures and shall
meet the requirements of the South Florida Building Code.
(b) Roof - mounted antennas shall be anchored to the roof and
shall conform with the requirements of the South Florida
Building Code.
(c) All antennas and appurtenances shall be so constructed
and installed so as to withstand the forces due to wind
pressure as provided for under the South Florida Building
Code, and all applications shall include signed and
sealed drawings by a professional engineer.
Y
10. Maintenance
Such satellite antennas, appurtenances, landscaping and
screening shall be kept and maintained in good condition.
11. Existing Antennas
All antennas installed prior to August 21, 1990, must be
brought into compliance by February 18, 1991 (180 days).
In order to appear before the E.R.P.B., each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Building Code and would not be an undue
hazard to the community of the City of South Miami.
12. Permit Required
All satellite antennas located in the City of South
Miami, Florida, must have a permit.
(B) MICROWAVE ANTENNAS:
That plans of such microwave antennas shall be submitted with
each application for a building permit, which shall include
a site plan drawn at a scale no smaller than 111= 20' -0"
indicating the diameter, screening, location and setbacks from
property lines and edges of building, a mounting detail drawn
at a scale no smaller than 1/211= 1' -0" indicating the height,
color and method of installation of the antenna and that such
plans shall be subject to approval by the E.R.P.B. and that
such microwave antennas shall be subject to the following
standards:
1. Location
In commercial districts only, roof - mounted microwave
antennas shall be permitted, provided, however, that such
antennas shall not be visible from the ground. Screening
from ground view may be provided by a parapet or some
other type of masonry wall or screening.
2. Diameter
The diameter of such microwave antenna shall not exceed
five (5) feet.
3. Height
Roof - mounted antennas shall be limited to a maximum
height of ten (10) feet above the roof in their most
extended position.
4. Setbacks
(a) Roof - mounted microwave antennas, in their most extended
position, shall conform to the setback reauirements for
the principal building on the building site.
(b) Microwave antennas or any appurtenances thereto, shall
be located not less than eight (8) feet from any power
line over two hundred fifty (250) volts.
4
5. Color
Microwave antennas and any appurtenances shall be white
or shall be the same color as the surface to which they
are attached.
6. Number Permitted
Only one (1) microwave antenna shall be permitted for
each principal building.
7. Installation
(a) The installation or modification of microwave antennas
shall be in accordance with all applicable construction,
safety codes and anchoring procedures and shall meet the
requirements of the South Florida Building Code.
(b) The microwave antenna and appurtenances shall be
constructed and installed so as to withstand the forces
due to wind pressure as provided in the South Florida
Building Code, and all applications shall include signed
and sealed drawings by a professional engineer.
8. Maintenance
Such microwave antennas, appurtenances and screening
shall be kept and maintained in good condition.
9. Existing Antennas
All antennas installed prior to August 21, 1990, must be
brought into compliance by February 18, 1991 (180 days).
In order to appear before the E.R.P.B. each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Building Code and would not be an undue
hazard to the community of the City of South Miami.
10 Permit Required
All microwave antennas located in the City of South
Miami, Florida, must have a permit.
9
Section 5. 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 6. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
C-1
, 1990.
020 ORDINANCE 'Nn.
All ORDINANCE AMENDING SECTION 20-2.3 OF THE LAND
DEVELOPMENT CODE OF THE CITY TO PROVIDE SPECIFIC
DEFINITIONS FOR SATELLITE ANTE;`INAS; DELETING "SATELLITE.
ANTENNA" FROM SECTION 20-3.3(E) ; DELETING SPECIAL SITE
CONDITIONS FOR "SATELLITE ANTENNA PROCEDURES "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES ON CONFLICT AND
PROVIDING Aid EFFECTIVE DATE.
Moved by Mayor McCann, seconded by Commissioner Cooper,
this be considered the first reading of the ordinance in it
entirety and it be placed on second reading and public hearing
after receiving recommendations from the Pl.anninb Board.
'•favor McCann stated her rain concern is safety so the
proposal is that a existing antennas rust have a certifier
statement from a professional engineer that the existing antenna
does conform to the South Florida Building Code but this can be
accomplished without the dol.lars for a special use provision
which will save that fee. It will be 875.00 for a permit, but
the 8250 residential special use fee and 5451) commercial special
use fee will be eliminated. Vice-Mayor Carver reiterated that
there will be only a one time S75. ()O permit fee.
Moved by Commissioner Launcelott that pages '� and 5 he
amended so existin.2 antennas are granOfatherer�!grandmothered in.
Motion did not receive a second.
Moved by Commissioner Launcelott the height for antennas ^�
amended to up to 12' for better reception. Motion did not
receive a second.
Moved ',v Commissioner. Launcelott that Page 2 ?-)e amended to
state that grounc- mounted antennas in all districts, including
RS, "IT-6 and RT -c -e permitted to be a minimum of 15' above
cgrade. Motion dic not receive a .second.
Commissioner Launcelott noted that the antenna setbacks
shoule start from the overhang not from the house, thus the 15'
criteria is not practical. Mayor '�cCann said variances could '--e
requested in areas where the 15' setback is a problem.
Votion on or ,-;finance passel 5/ (1: '•tayor 'icCann, :,7?a; Vice-
'favor Carver, JP_a: Commissioner Launcelott, ;lea: Commissioner
Banks, :7ea; Commissioner Cgoner, yea.
-15-
rYr.
r
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING RECONSIDERATION
OF VARIANCE REQUESTS BY MRS. MATTIE LOU BROWN TO ALLOW
A 12 FEET REAR SETBACK WHERE A 25 FEET BUILDING
COVERAGE OF 0.32 WHERE ONLY 0.30 IS ALLOWED, BOTH
VARIANCES FOR THE SINGLE FAMILY RESIDENCE COMMONLY
KNOWN AS 6295 S.W. 58TH PLACE, SOUTH MIAMI, FLORIDA AND
LEGALLY DESCRIBED HEREINBELOW
WHEREAS, Mrs. Mattie Lou Brown requested the Planning Board
of the Citv of South Miami for variances from Section 20 -3.5 E of
the Land Development Code to permit (1) a 12 feet set -back where
a 25 feet set -back is required, and (2) building coverage of 0.32
where only 0.30 is allowed, both variances for a single family
residence in an RS -3 zoning district at 6295 S.W. 58th Street,
South Miami, Florida, which property is legally described as
follows:
Lot 2, Block 3, University Gardens No. 1, according to
the Plat thereof, as recorded in Plat Book 89 at Page
15 of the Public Records of Dade County, Florida;
WHEREAS, on May 29, 1990 the Planning Board voted to
aoorove variance request no. 1 by a 5 -0 vote and to approve
variance request no. 2 by a 5 -0 vote;
WHEREAS, the Citv Commission Staff Report recommended denial
of both requests;
WHEREAS, on May 29, 1990 the South Miami City Council denied
both variance requests by a 3 -2 vote;
WHEREAS, on august 21, 1990 Section 20 -6.1 (A) (4) (e) was
amended to provide that "reconsideration is possible after six
months from the date established for the prior hearing at the
request of the malority of the Commission "; and
WHEREAS, six months have now oassed since the date
established for the prior hearing and a maiority of the
Commission now wishes to oermit reconsideration of the variance
requests.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The variance requests of Mrs. Mattie Lou Brown
for variances from Section 20 -3.5 E of the Land Development Code
to permit (1) a 12 feet set -back where a 25 feet set -back is
required. and (2) building coverage of 0.32 where only 0.30 is
allowed, both variances for a single familv residence in an RS -3
zoning district at 6295 S.W. 58th Street, South Miami, Florida,
be, and hereby are, eligible for reconsideration upon a renewed
request.
PASSED AND ADOPTED this th day of January, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
ttk:S01,UTION NO.
A REStj L, UT ( CtN OF THE MAYOR AND CITY COMMI 2STON OF THE
CITY ON' gUUTH MIAMI, FLORIOA APPROVING A VARIANCE
R614LIUtIT ` U ALLOW A 12 FEET HEAR SETBACK WHERE A 25 FEET
IS REUUIR1: ;v ANU APPROVING A VARIANCE REQUEST '1'U PERMIT
BUILbING CUVERAUX OF 0.32 WHERE ONLY 0.30 IS ALLOWED,
1)i.TIi VAKIANC ES R1:;UU1':LiT2[) BY MRS. MATTIE LOU HHOWN FROM
THE eLANN.! NG BUAhU OF THE CITY OF SOUTH MIAMI, FLURI DA
FUR A SINGLE VAM1 LY RESIUENCE AT 5295 S.W. b8 PLACE,
SOUTH MIAMI, FLOR i UA
WHEkEA8, Mr:j. Mat :tie Lou Brown request=ed the Planning Hoard
of the City or South Miami for variances from Section 20 -3.5 E
of the Land Ueveloatucnt Cude to permit (l) a 12 feet set -back
where a 25 feet set -back iz requiied, and (2) buildinq coverage
or 0.s2 whams only U..su is allowed, both variances for a single
family residence in an RS-3 zoning district at 6295 S.W. 58th
Street. South Miami, Florida, which property is legally
oQscribcd the Lot 1. block 3, Univexsity Gardens No. 1, according
t :o LhP Plat thuxi-ut. ds recorded in Plat: book U9 at Page 15 of
Lhe Piinl is Records of Coade County, Florida;
wHEkfsAS. Oil Mav .�4, 1990 the Planningi Board voted to
anorove variance request no, 1 by t 5 -0 vote and to approve
variancft rRquest no. z try d 5 -0 vote; and
WHEREAS, the City Commission Statf Report recommended denial
or nnt..tl rcauC:5iLs;
NUW, THEhe:VUkE. "t, LI RESOLVED BY THE MAYOR AND THE CITY
._.JMMI -'SIUN '.)r .:tL �.:iTy OF -nU'I'H MIAMI, FLURIDA:
on l . :'eta r. vA r. i arlce request no. _ or Mrs. Matt.: i e Lou
nrown. -a ocrmi r. � to ,_l. oct -back where a 25 feet set -hack is
ceuuircC. Lor a Linnic Lamily residence at 6295 S.W. b8 Place
r��•_ t , aauttl M1 atn r' 1 csr Ida
:)e, and nhe Same is, hereiry.
.3ranrovr:n .
;;ecL ! 011 _' . . rlrii: Vnr _All('P re0iJe5l. -10. :' CE Mr:, . mar_t:.e Lou
Arnvn, _o oermir. c.:210jn%:i •_uver.tae or J.:i where only t). 20 :5
�lirvPrt, ;41 a ..t.t'i:l!� tdm:.� 2 ?�_CClZC� at `,Z'J1 .W. 58 Place,
_nurh minmi , i'lor.�.ri. . - -e, nno .he .:ame _ , hereov aupzoved.
PASSED AND ADOPTED this
.._._ . th day or June, 1990.
CITY t bRRK
READ AND APPrakt_,vEL) AS Tt)
CITY ATTORNI...Y
r"-1
APPROVRU:
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, May 29, 1990, at 7:30 P.M. in the City Commission
Chambers, the Planning Board of the City or South Miami will
conduct a Public Hearing on the following matter.
Applicant: Mrs. Mattie Lou Brown
Request #1: variance from Section 20 -3.5E to allow a 12' rear
setback where 25' is required for a single family
residence located within an RS -3 zoning district.
Request #2: Variance from Section 20 -3.5E to permit a building
coverage of 0.32 where only 0.30 is allowed for a
single family residence located within an RS -3
zoning district.
Legal: Lot 2, Block 3, University Gardens No.l according
to the plat thereof recorded in Plat Book 89 at Page
15 of the Public Records of Dade County, Florida.
Location: 6295 S.W. 58 Place
YOU ARE HEREBY ADVISED THAT IF ANY PERSON D£SIRE5 TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGS SUCH PERSON WILL NEED A RECORD CF 'HE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF -HE PRO -
ZEEDINGS IS MADE, NHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE JPON WHICH THE APPEAL
:S TO BE BASED. ;F. S. :66.OtOS1
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET :RIVE. :OUTH
'AIAM1. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL 'AAY BE '.LADE
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. -HE BOARD RESERVES ' -4E
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST CnR
THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL 3E HEARD BY THE C:TV
i.T A FUTURE CATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TC CCNTACT " -E CFFI':E _F•
_:NING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER 70 HEARING NUMBER WHEN MAKING
INQUIRY.
nc BlOa� 9Z =EV. 1:�9 —AI
"HIS IS A COURTESY NOTICE
PLANNING BOARD
1 1, 1 �-i
/4p
dP I
l I
rs
5►y 19 sr,�
c' >
17
•q
sr o
s :. _7 IL
jr •z J7 JV •RO
, I / r
.► r t / C
/• s s• �, T •..
s f � s S t> �• •
rt J p
,s*&" a r, I S `�► / I
PWW
= Is ti Lr SL
_
I K 17 I t1 �r, .. f
ERR 4 li �• +a +3* s� L
S / j !t \' 1i s7 ?
.y ,t
G I _r> > s _" 'f y, • Tf
S i =tO L7 q, `p 1 277
48 bpi 'Pif l.•',
/1 I L5 JI -! .Sl L1 `yam'oS h f` !v Y' G� ! • 'n AIS-. !Q /9 I 1� -" sz •J I /� —'"
S w rw /� I S� LS I �• a: 1 4 L 2• Q
rb :,T
r, I �t•fir
row
NsI rE OF I L /r�iUNS
I 1 0
SW 66 "ERR
.l
111L1N{, Apt
-- GZgS s�v s8
VA (-1 A N el Es : PErR- 5eT 6 Pv-..le-
{AND �u a VDr1 N (� � E�• LS.C�►E
CITY ac sOUTU AIAME PIANN(NG 50ARD
�omoaLss
�cale�3 3AO�A
mate
�rn M... Chk...
::ea r ing No F6 !o•
S TA F F REPORT
PB -90 -012 May 29, 1990
Applicant: Mrs. Hattie Lou Brown
Request 71: Variance from Section 20 -3.5E to allow a 12' rear
setback where 25' is required for a single family
residence located within an RS -3 zoning district.
Request r4r2: Variance from Section 20 -3.5E to permit a building
coverage of 0.32 where only 0.30 is allowed for a
single family residence located within an RS -3
zoning district.
Legal: Lot 2, Block 3, University Gardens No.1 according
to the plat thereof recorded in Plat Book 89 at Page
15 of the Public Records of Dade County, Florida.
Location: 6295 S.W. 58 Place
ANALYSIS
The applicant requests an addition which would occupy the area
of an existing patio slab part of which lies within the rear
setback area.
RECOMMENDATION
The staff recommends denial of the requests.
:lote: Site cian and ficor titan wi1? be presented at .te night
of :.e meezi.2a .
- 11
THE CITY Of
• �out� ���Yiiami
sj%$ SU%SZT OR1V9, SOUTH MIAMI, FLORIDA 3310
0[rARTM6Wr / J
Z O N I N G P E T I T I O N
Legal: Lot 2, Block 3, University Gardens No.1 according
to the plat thereof recorded in Plat Book 89 at Page
15 of the Public Records of Dade County, Florida.
Location: .6295-S.W. 58 Place
Request: The Corners of the above property have made the following request:
Request 11: Variance from Section 20 -3.5E to allow a 12' rear
setback where 25' is required for a single family
residence located within an RS -3 zoning district.
Request 12: Variance from Section 20 -3.5E to permit a building
coverage of 0.32 where only 0.30 is allowed for a
single family residence located within an RS -3
zoning district.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAIL DATE ADDRESS
5($ s L L m
zt
sot
216 - -
�tL ~��L{, - -.1� - ��` -�'G -�- - - - - ��IGi /�f•G� �iLIY 7 _J' Lam' -J -y� -C/ - -
.DSO -3? (continued on page 2) Pag
Z O N I N G P E T I T I O N
(continued)
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAME ADDRESS
- - - - - - - - - - - - - - - - - - - - - - - - - - - �
Are-
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - L - - - - - - - - - - - - - - - - - - -
----------------------I------�---------------
PWSO -3
Pa(
}
April 2nd, 1990
City of South Miami
6130 Sunset'Drive
South Miami, Florida 33143
Attention: Planning Board
This letter is written with the intent of applying for a zoning
variance on my property at: 6295 S.W. 58th Place, South Miami,
Florida.
I would like to build a Master Bedroom, Family Room and Bathroom
in the rear of my residence, but because o:t existing set -back
requirements, I am unable to do this without a zoning variance.
I appreciate your consideration.
Very truly yours,
Mattie L. Brown
•
v
a
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF A MICROFILM /JACKET SYSTEM FOR A TOTAL PRICE NOT TO
EXCEED $ 9,000.00 BY THE BUILDING AND ZONING
DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT
NUMBER 1610 -3480 "MICROFILMING"
WHEREAS, pursuant to the 1990 -91 Budget of the City of South
Miami, Florida, the Building and Zoning Department was authorized
to purchase a microfilm /Jacket system; and
WHEREAS, the Administration of the City of South Miami has
now obtained a cost of 9 9,000.00 from Professional Microfilm
Services, Inc. pursuant to the following governmental bid: Dads
County Bid No. 1444 -2 -89
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section l_. That a purchase order is hereby awarded to
Professional Microfilm Services, Inc. in an amount not to exceed
0 9,000.00 for a microfilm /jacket system.
Section 2. That the disbursement be charged to account
number # :1610 -3480 "Microfilming ".
PASSED AND ADOPTED this day of January, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY