02-19-91V,
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
FEBRUARY 19, 1990
7:30 PM
Next Resolution: 15 -91 -9089
Next Ordinance: 5 -91 -1470
Next Commission Meeting: 3/5/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
CJ P r e s e n t a t i o n s �:--- J- o- h- n— A-n-d-rews— p -a-s -t C h -a -r-p e- r -s-an ;= i ty— P-l-a-n n i n-g - -B o- a -r -d•
vi( Items for Commission Consideration:
vY Approval of minutes of February 5, 1991.
City Manager's Report
City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance amending Section 20 -2.3 of the Land Development Code
3/5
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
definition from Section 20 -2.3; deleting eating place from
Section 20- 2.3(E); deleting eating place(accessory) from Section
�V
20- 2.3(E); providing the aforesaid restaurant categories as Specia
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. (Planning Board /Administration)
RESOLUTIONS FOR PUBLIC HEARING:
5. A Re olution of the Mayor and City Commission of the City-of South 4/5
Mi e Florida approving a request for a variance from dimemsional
rvpuirements for nonresidential districts, Sec. 20 -5 (G) of the Land
velopment Code, to permit a front set back of 10 feet where 20 feet
Qare required, requested by Metro -Dade Fire Department from the Planning
Board of the City of South Miami, Florida for the property known as
5860 SW 70 Street, South Miami, Florida 33143, and legally described
herein. �� qj! �� PC(Plannin�BoardJAdministration)
1
6. A Resolution of the Mayor and City Commission o t e City of South 4/5
Miami, Florida approving requests for a variance from Sec. 20 -4.3
(I) (16) to permit a flat sign of fifteen (15) square feet in area
where only one (1) square foot of sign area is permitted and a request
for a variance from Section 20 -4.3 (I) (16) to permit direct illumination
where only indirect illumination is permitted and a variance from
Sec. 4.3 (J) (1) to permit a sign in the front yard setback where
the front yard setback is twenty -five (25) feet for an RO District;
requests by Billy S. Austin, from the Planning Board of the City of
South Miami, Florida for the property known as 7535 SW 62 Avenue,
South Miami, Florida 33143, and legally described herein,
(Planning Board /Administration)
7. A Resolution of the Mayor and City Commission of the City of South 4/5
Miami, Florida approving requests for a variance from Sec. 20 -4.4 (B)
(7) of the Land Development Code of the City of South Miami to
permit 7 parking spaces where 17 parking spaces are required for
an eating place in the SR (Specialty Retail) District, as specified
in Section 20 -3.3 (E) of the Land Development Code of the City of
South Miami; both requests by Roger Shay, from the Planning Board of
the City of South Miami, Florida for the property known as 5880 SW
73rd Street, South Miami, Florida 33143, and legally described herein.
(Planning Board /Administration)
PL,/
I c/
Continue
2/19/91
ORDINANCES -FIRST READING:
16.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH P:IAMI, FLORIDA, RELATING TO THE SPACING DISTAI!CE
AND PROTECTION OF TREES IN THE PUBLIC RIGHTS -OF -WAY AND
PARKS IN THE CITY OF SOUTH MIAMI, FLORIDA; ESTABLISHING A
TREE COMMITTEE; PROVIDING FOR SIZE AND SPECIES OF PARK AND
STREET TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
(Mayor)
INSHA1.1W
Steven Silverman, Esquire, representing the
South Miami /South Dade Chamber of Commerce, to address the
Commission.
DEFERREND AND /OR TABLED:
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 Finance Department purchase of computer software
as set forth hereinbbl!ow upon the basis that there is one source
Of supply, authorizing an expenditure not to exceed $14,056.83
to City Computer Solutions Inc. for this software, charging the
disbursement to account No. 1410 -6430: "FINANCE DEPARTMENT -
Equipment". (2/5/91)(1)
J ti
j
/1
V
1
You are hereby advised that
with respect to any matter
person will need to ensure
Alade, which record includes
appeal i.s„ based.
if any person desires to appeal any decision
considered at this meeting or hearing, such
that a verbatim record of the proceed;ngs is
the testimony and evidence upon which the
A
3/5
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
' M 18 1991
6130 Sunset D rive FINANCE DEPARTMENT
REGULAR CITY COMMISSION MEE_T.ING
FEBRUARY 19, 1999'(
7:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag of
C. Presentations: John Andrews, past
D. Items for Commission Consideration:
1. Approval of minutes of February
2. City Manager's Report
3. City Attorney's Report
Next Resolution: 15 -91 -9089
Next Ordinance: 5 -91 -1470
Next Commission Meeting: 3/5/91
the United States of America
Chairperson, City Planning Board
5, 1991.
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance amending Section 20 -2.3 of the Land Development Code 3/5
of the City of South Miami to provide specific definitions for
,n catering services; restaurant, accessory; restaurant, convenience;
restaurant, general; and resta.urant, walk -up; deleting eating place
definition from Section 20 -2.3; deleting eating place from
'Vol Section 20- 2.3(E); deleting eating place(accessory) from Section
20- 2.3(E); providing the aforesaid restaurant categories as Special
Use Conditions for restaurant, convenience; restaurant, general;
and restaurant, walk -up in Section 20- 3.4(6)(4); providing for
severability; providing for ordinances in conflict and providing
an effective date. (Planning Board /Administration)
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution of the Mayor and City Commission of the City of South 4/5
Miami, Florida approving a request for a variance from dimemsional
requirements for nonresidential districts, Sec. 20 -5 (G) of the Land
Development Code, to permit a front set back of 10 feet where 20 feet
are required, requested.by Metro -Dade Fire Department from the Planni
Board of the City of South Miami, Florida for the property known as
5860 SW 70 Street, South Miami, Florida 33143, and legally described
herein. (Planning Board /Administration)
5. A Resolution of the Mayor and City Commission of the City of South 4/5
Miami, Florida approving requests for a variance from Sec. 20 -4.3
(I) (16) to permit a flat sign of fifteen (15) square feet in area
where only one (1) square foot of sign area is permitted and a request
for a variance from Section 20 -4.3 (I) (16) to permit direct illumination
where only indirect illumination is permitted and a variance from
Sec. 4.3 (J) (1) to permit a sign in the front yard setback where
the front yard setback is twenty -five (25) feet for an RO District;
requests by Billy S. Austin, from the Planning Board of the City of
South Miami, Florida for the property known as 7535 SW 62 Avenue,
South Miami, Florida 33143, and legally described herein,
(Planning Board /Administration)
A Resolution of the Mayor and City Commission of the City of South 4/5
Miami, Florida approving requests for a variance from Sec. 20 -4.4 (B)
(7) of the Land Development Code of the City of South Miami to
permit 7 parking spaces where 17 parking spaces are required for
an eating place in the SR (Specialty Retail) District, as specified
in Section 20 -3.3 (E) of the Land Development Code of the City of
South Miami; both requests by Roger Shay, from the Planning Board of
the City of South Miami, Florida for the property known as 5880 SW,
73rd Street, South Miami, Florida 33143, and legally described herein.
(Planning Board /Administration)
_'T IONS:
Resolution of the Mayor and City Commission of the City of 3/5
outh Miami, Florida appointing Meriam Weiss to the Code
nforcement Board.
Resolution of the City of South Miami, Florida appointing 3/5
errell Birdwell as a member of the City of South Miami Tree
ommittee to serve in such capacity until March 1, 1994,
r until a successor is duly qualified and appointed.
Resolution of the City of South Miami, Florida appointing 3/5'
eter Lahanas as a member of the City of South Miami Tree
ommittee to serve in such capacity until March 1, 1993, or
ntil a successor is duly qualified and appointed.
(Mayor)
Resolution of the City of South Miami, Florida appointing 3/5
oris Rosebraugh as a member of the City of South Miami Tree
ommittee to serve in such capacity until March 1, 1994, or
ntil a successor is duly qualified and appointed.
Resolution of the City of South Miami Florida appointing (Mayor)
eter Strelkow as_a member of the City of South Miami
ommittee to serve in such capacity until March:;I, 1993
r until a successor is duly qualified and appointed.
Resolution of the City of South Miami, Florida appointing 3/5
orie Yanoshik as a member of the City of South Miami Tree
ommittee to serve in such capacity until March 1, 1993, or
ntil a successor is duly qualified and appointed.
-T_ (Mavorl /
Resolution of the Mayor and City Commission of the City of 3/
outh Miam, Florida authorizing a waiver of bid procedures
or the C;ity's Recreation Department for the purchase of
ireworks for the City's Fourth of July celebration, upon the
asis that there is one source of supply, authorizing an i
xpenditure not to exceed $4,080.00 to Zambelli Fireworks Co.
or these fireworks, charging the disbursement to Account No.
110 -4820: "Recreation Department- Fireworks" .
ANCE: (Administration)
n Ordinance of the Mayor and City Commission of the City 3/5
f South Miami, Florida, amending Ordiance No. 18 -80 -1077,
ection 25., Failure to obtain License, of the City of South
Code of Ordiances by providing a fine of five hundred
1$500.00) dollars for those opening and operating a business
in the City of South Miami, Florida, without first obtaining
the required City of South Miami Occupational License; providing
For ordinances or parts of ordinances i t and providing
in effective date.
(Mayor)
t
II
I
3/5
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEE -T -ING
FEBRUARY 19, 199,V j
7:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag of
C. Presentations: John Andrews, past
D. Items for Commission Consideration:
1. Approval of minutes of February
2. City Manager's Report
3. City Attorney's Report
Next Resolution: 15 -91 -9089
Next Ordinance: 5 -91 -1470
Next Commission Meeting: 3/5/91
the United States of America
Chairperson, City Planning Board
5, 1991.
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance amending Section 20 -2.3 of the Land Development Code 3/5
of the City of South Miami to provide specific definitions for
�n catering services; restaurant, accessory; restaurant, convenience;
restaurant, general; and resta.urant, walk -up; deleting eating place
definition from Section 20 -2.3; 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
Use Conditions for restaurant, convenience; restaurant, general;
and restaurant, walk -up in Section 20- 3.4(6)(4); providing for
severability; providing for ordinances in conflict and providing
an effective date. (Planning Board /Administration)
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution of the Mayor and City Commission of the City of South 4/5
Miami, Florida approving a request for a variance from dimemsional
requirements for nonresidential districts, Sec. 20 -5 (G) of the Land
Development Code, to permit a front set back of 10 feet where 20 feet
are required, requested by Metro -Dade Fire Department from the Planni
Board of the City of South Miami, Florida for the property known as
5860 SW 70 Street, South Miami, Florida 33143, and legally described
I/
herein. (Planning Board /Administration)
6. A Resolution of the Mayor and City Commission of the City of South 4/5
Miami, Florida approving requests for a variance from Sec. 20 -4.3
(I) (16) to permit a flat sign of fifteen (15) square feet in'area
where only one (1) square foot of sign area is permitted and a request
for a variance from Section 20 -4.3 (I) (16) to permit direct illumination
where only indirect illumination is permitted and a variance from
Sec. 4.3 (J) (1) to permit a sign in the front yard setback where
the front yard setback is twenty -five (25) feet for an RO District;
requests by Billy S. Austin, from the Planning Board of the City of
South Miami, Florida for the property known as 7535 SW 62 Avenue,
South Miami, Florida 33143, and legally described herein,
(Planning Board /Administration)
7. A Resolution of the Mayor and City Commission of the City of South 4/5
Miami, Florida approving requests for a variance from Sec. 20 -4.4 (B)
(7) of the Land Development Code of the City of South Miami to
permit 7 parking spaces where 17 parking spaces are required for
an eating place in the SR (Specialty Retail) District, as specified
in Section 20 -3.3 (E) of the Land Development Code of the City of
South Miami; both requests by Roger Shay, from the Planning Board of
the City of South Miami, Florida for the property known as 5880 SW
73rd Street, South Miami, Florida 33143, and legally described herein.
(Planning Board /Administration)
ESOL.:TIONS:
Ij
A Resolution of the Mayor and City Commission of the City of 3/5
South Miami, Florida appointing Meriam Weiss to the Code
Enforcement Board.
A Resolution of the City of South Miami, Florida appointing 3/5
Jerrell Birdwell as a member of the City of South Miami Tree
Committee to serve in such capacity until March 1, 1994,
or until a successor is duly qualified and appointed.
). A Resolution of the City of South Miami, Florida appointing 3/5?
Peter Lahanas as a member of the City of South Miami Tree
Committee to serve in such capacity until March 1, 1993, or
until a successor is duly qualified and appointed.
(Mayor)
A Resolution of the City of South Miami, Florida appointing 3/5
Doris Rosebraugh as a member of the City of South Miami Tree
Committee to serve in such capacity until March 1, 1994, or
until a successor is duly qualified and appointed.
(Mayor)
A Resolution of the City of South Miami, Florida appointing r
Peter Strelkow as a member of the City of South Miami Tree
Committee to serve in such capacity until March;;l, 1993
or until a successor is duly qualified and appointed.
A Resolution of the City of South Miami, Florida appointing 3/5
Lorie Yanoshik as a member of the City of South Miami Tree
Committee to serve in such capacity until March 1, 1993, or
until a successor is duly qualified and appointed.
Ma
. A Resolution of the Mayor and City Commission of the City of 3/
South Miam, Florida authorizing a waiver of bid procedures
for the C;ity's Recreation Department for the purchase of
fireworks for the City's Fourth of July celebration, upon the
basis that there is one source of supply, authorizing an
expenditure not to exceed $4,080.00 to Zambelli Fireworks Co.
for these fireworks, charging the disbursement to Account No.
1110 -4820: "Recreation Department- Fireworks" .
(Administration)
DINANCE:
An Ordinance of the Mayor and City Commission of the City 3/5
of South Miami, Florida, amending Ordiance No. 18 -80 -1077,
Section 25., Failure to obtain License, of the City of South
Miami Code of Ordiances by providing a fine of five hundred
($500.00) dollars for those opening and operating a business
in the City of South Miami, Florida, without first obtaining
the required City of South Miami Occupational License; providing
for ordinances or parts of ordinances i t and providing
an effective date.
(Mayor)
3/5
� F
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
SPECIFIC DEFINITIONS FOR CATERING SERVICES; RESTAURANT,
ACCESSORY; RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND
RESTAURANT, WALK -UP; DELETING EATING PLACE DEFINITION FROM
SECTION 20 -2.3; 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.
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 "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
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:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Such services may include auxiliary duties such as
the hiring of help to serve prepared food, arranging for flowers,
providing for decoration, and renting of equipment for such events.
Catering services shall not include any restaurant use or food and
beverage consumption on the premises of the catering establishment.
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el��nk -is- prepared; - se�*�eel- easel- e:ans�meel- en- �i°te- preM�ses-
RESTAURANT, ACCESSORY. Shall mean an establishment where the
principal business is the sale of food and beverages to the
customer in a ready -to- consume state and where the design or
principal method of operation consists of a small, specialty
restaurant having floor area exclusively within an office center,
sharing common parking facilities with other businesses within the
office center, and having access to a common, interior pedestrian
corridor within the center. This use may include take -out service
and delivery service, but excludes any service to a customer in a
motor vehicle. Seating must be provided for all patrons, and
signage outside the center is prohibited.
RESTAURANT, CONVENIENCE. Shall mean an establishment where the
principal business is the sale of food and beverages to the
customer in a ready -to- consume state and where the design or
principal method of operation is that of a fast -food or drive -in
restaurant offering quick food service, where orders are generally
not taken at the customer's table, where food is generally served
in disposable wrapping or containers, and where food and beverages
may be served directly to the customer in a motor vehicle. This
use may include delivery service with City Commission approval.
1
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RESTAURANT, GENERAL. Shall mean an establishment where the
principal business is the sale of food and beverages to the
customer in a ready -to- consume state and where the design or
principal method of operation consists of either of the following:
Sit -down restaurants where customers are normally provided
with an individual menu and food and beverages are generally
served in non - disposable containers by a restaurant employee
at the same table or counter at which said items are consumed;
or,
Cafeteria -type restaurants where food and beverages are
generally served in non - disposable containers and consumed on
the premises. All such cafeteria -type establishments shall
provide only inside or patio service on private property.
In either case, public streets, rights -of -way, and sidewalks may
not be used for patio or street -side services of any kind. This
use may include take -out service, but excludes any service to a
customer in a motor vehicle; walk -up service and delivery service
are prohibited. Seating must be provided for all patrons.
RESTAURANT, WALK -UP. Shall mean an establishment where the
principal business is the sale of food and beverage to the customer
in a ready -to- consume state and where the design or principal
method of operation is that of a storefront restaurant offering
quick food service to pedestrians where orders are taken at a
counter, where food is generally served in disposable wrapping or
containers, and where food and beverages may be carried out or
consumed at tables in a patio area on private property. This use
excludes any service to a customer in a motor vehicle, but may
include delivery service with City Commission approval.
Section 2. That Section 20 -3.3 (E)
Schedule be amended to del
ZONING
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of the Permitted Use
ate the following:
C P
DISTRICTS O A
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F S G I D K
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- -- Eet g- P�eee- faeeessa�p� - - -- - -s -s -- -- -- -- - 16 -- - -F
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C I P
ZONING DISTRICTS O A
2
R
0
L
0
M
0
N
R
S
R
G
R
I
N
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Restaurant Accessory
S
S
1
16
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Restaurant Convenience
S
S
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4(a)
7
Restaurant General
S
S
S
P
4(b)
7
Restaurant Walk Up
S
S
1
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7
2
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Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANTS, CONVENIENCE
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Convenience Restaurants shall be spaced a
minimum of three hundred (300) feet from any other
Convenience Restaurant and any Walk -up Restaurant.
iii. 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, lot
size, access and facility arrangement for this
Special Use Permit.
(b) RESTAURANT, GENERAL
i. All such establishments shall provide only inside
or patio service on private property. Public
streets, rights -of -way, and sidewalks may not be
used for patio or street -side services of any kind.
ii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iii. All General Restaurants shall be spaced a minimum
of three hundred (300) feet from any other General
Restaurant in the City of South Miami.
iv. The City Commission shall review and recommend
approval, disapproval or modification of all site
plans and project specifications for this Special
Use Permit.
(c) RESTAURANT, WALK -UP
i. Containers for the proper disposal of waste
materials must be provided by the restaurant at all
times during the hours of operation. The number of
required containers shall be that approved by the
City Commission. Such containers must be kept clean
and well maintained at all times.
ii. No such facility shall be permitted along streets
and rights -of -way bordering residential zoning
districts in the City of South Miami.
iii. This use excludes any service to a customer in a
motor vehicle, but may include delivery service with
City Commission approval; seating is not required.
iv. No Walk -Up Restaurant may sell or offer for sale
any alcoholic beverage for consumption on or off
the premises, including delivery, at any time.
v. All Walk -up Restaurants facilities shall be spaced
a minimum of three hundred ( 300 ) feet from any other
Walk -up Restaurant and any Convenience Restaurant.
3
h
vi. The City Commission shall review and recommend
approval, disapproval or modification of all site
plans and specifications, including but not limited
to, pedestrian circulation, facility access and
facility arrangement for this Special Use.
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 , 1990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
4
f
Applicant: Mayor & City Commission
Request: 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 DEFINITION FROM SECTION 20 -2.3; 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.
Attorney Alan Gold, representing Flagler Federal, signed in and
presented a draft of proposed language to be added to the Ordinance
as stated above. This would address a retail mall setting where
there is a combination of retail and restaurant uses. This would
include mall food courts. Nothing in this Ordinance is intended
to limit the City Commission from establishing different criteria
for restaurants or for fast food restaurants in a retail mall which
are approved as a PUD.
Attorney Bob Donlon signed in to participate in the Public Hearing.
Mr. Donlon represented the estate of John E. Blake, the former
Arby's property. His interest is in the distance requirements for
general restaurants. Mr. Donlon questioned why should the 300'
rule apply in the general restaurant category. There have been
approximately five restaurant - oriented sales contracts on the
Arby's property, none of which have gone through because of this
distance requirement and the proximity of two restaurant locations
to this property.
H. Kassner, a Commercial Real Estate Broker, signed in and
addressed the Board stating that the 300' restriction, as regards
the general restaurant category, tends to also restrict the
possibility of encouraging aa4iti.onal retail businesses which small
general restaurants would enhance. In restricting commercial and
office uses in the retail district, this proposal further limits
a complimentary use for shopping, that is general restaurant.
Mr. Mackey stated this item comes before the Planning Board again
at the request of the City Commission to further refine the
language.
Mr. Gutierrez restated his desire to eliminate all distance
requirements between restaurants because the ruling discriminates
against restaurants as opposed to any other business. The distance
requirement between fast food establishments is more logical
because of the traffic. If anything, an increase in this
restriction for fast food establishments would not be out of order.
Also, a walk -up service (page 2 of the revision) in connection with
a general restaurant would not be inappropriate, a recommendation
of which could be approved by the City Commission. Mr. Gutierrez
also broached the subject of delivery services which is not being
addressed at present in this proposal.
Vote:
Approved:
5
Opposed: 0
SEE ATTACHED
SUGGESTION
FROM MR.
GOLD.
t
TO:
FROM:
DATE:
RE:
DG3a[�4
xg�ssanBns
HONORABLE CHAIRMAN AND MEMBERS OF THE SOUTH MIAMI
PIANNING AND ZONING BOARD
ALAN S. GOLD
January 29, 1991
REQUEST FOR AMENDMENT TO SECTION 40F PROPOSED ORDINANCE
PERTAINING TO RESTAURANTS
In order to address restaurants use in retail mallet as
permitted by planned unit development, it is recommended that
Section 4 of the proposed ordinance be amended by adding a now
subsection (c) as follows:
"Nothing in this Ordinance is intended to limit
the right of the City commission to establish
different criteria for restaurants as fast food
restaurants in retail malls which are approved
as part of planned unit development."
DpGlff�.
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S TAF F REPORT
PB -90 -025
Applicant: Mayor & City Commission
January 25, 1991
Request: 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 DEFINITION FROM SECTION 20 -2.3; 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.
INFORMATION
The Planning Board previously reviewed the attached "DRAFT"
document which should have been presented as a recommendation from
the staff to the Planning Board. Before the Board tonight is a
copy of the first reading version of the ordinance as presented to
the City Commission, as well as the previously reviewed "DRAFT" for
the Planning Board's consideration as a recommendation.
ORDINANCE
Qe, 2oY pe, �
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 SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4 (B)(4); 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 "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
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:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises of the
catering establishment.
EATiNe- PEAS£ - - -Shall -mean -and+- eating- establ4:5hrdent- Where-f eed -and
- se��ee�- ane�- eenst�med- en- t3�e- prem�rses-
RESTAURANT. Shall mean an establishment for the sale of food and
beverages, the principal method of operation being either of the
following: sit -down restaurants where customers are normally
provided with an individual menu and food and beverages are
generally served by a restaurant employee, or cafeteria -type
restaurants where food and beverages are served and are consumed
on the premises.
RESTAURANT, ACCESSORY. Shall mean an establishment for the sale
of food and beverages and where the establishment has access to a
common circulation area within an office center. This use may
include take -out service and delivery service. Seating must be
provided for all patrons.
RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of
food and beverages and where the principal method of operation is
that of a fast -food or drive -in restaurant, and where food and
beverages may be served directly to the customer in a motor
vehicle. This use may include delivery service with the approval
of the City Commission.
q 1
Section 2. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to delete the following:
C P
ZONING DISTRICTS 0 A
N R
R L M N S) GI I) D K
O O O R R R` S G
---- Eatg- P�aee---------- - - - - -- - -4 -- -q
-S -S -- -- -- -- - -�6 -- - -q
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C P
ZONING DISTRICTS 0 A
N R
R L M N 5 G I D K
0 0 0 R R R S G
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. All such establishments shall provide only inside
or patio service on private property.
ii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iii. All Restaurants shall be spaced a minimum of three
hundred (300) feet from any other Restaurant.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
iii. The City Commission shall review and approve the
site plan.
2
r
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 , 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
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 SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4 (B)(4); 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 "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
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:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises of the
catering establishment.
£�4�'�ii6- PP.AHE - -- Sheik -nteen -any- eating- estabiishment- wl�e�e - €eeel -anal
elrinl�- is- }��e�e� eel; - se��*eel- and- eensanteel- en -tl�e- premises-
RESTAURANT. Shall mean an establishment for the sale of food and
beverages, the principal method of operation being either of the
following: sit -down restaurants where customers are normally
provided with an individual menu and food and beverages are
generally served by a restaurant employee, or cafeteria -type
restaurants where food and beverages are served and are consumed
on the premises. WALK -UP SERVICES, TAKE HOME /TAKE OUT SERVICES AND
DELIVERY SERVICES SHALL BE PERMITTED.
RESTAURANT, ACCESSORY. Shall mean an establishment for the sale
of food and beverages and where the establishment has access to a
common circulation area within an office center. This use may
include take -out service and delivery service. Seating must be
provided for all patrons.
RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of
food and beverages and where the principal method of operation is
that of a fast -food or drive -in restaurant, and where food and
beverages may be served directly to the customer in a motor
vehicle. This use may include delivery service with the approval
of the City Commission.
1
44
Section 2. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to delete the following:
C P
ZONING DISTRICTS O A
N R
R L M N S G I D K
O O O R R R S G
---- Eatg- Plaee---------- - - - - -- -- - - - - -�
---- Eesg- i��eee- faeeessep� - - -- -- 4---st-st-st-pt -S -- -- -- - -+6 -- - -�
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C P
ZONING DISTRICTS O A
N R
R L M N S G I D K
O O O R R R S G
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. All such establishments shall provide only inside
or patio service on private property.
ii. No services of a Wdlk -UP drive -in
nature shall be permitted. Seating must be provided
for all patrons; de��*e�p- seee- s- }�eY�l�ed.
P3t�rte��ee�- f396�- feet -��em- amp- e��e�- Res�a�t�ast-
iii. -i-v. The City Commission shall review and approve the
site plan.
iv. SEE ATTACHED LANGUAGE SUBMITTED BY MR. GOLD
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred (3 00 ) feet from any other Fast Food
Restaurant.
iii. The City Commission shall review and approve the
site plan.
iv. SEE ATTACHED LANGUAGE SUBMITTED BY MR. GOLD
2
T
r
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 , 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
c
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST FOR A
VARIANCE FROM DIMENSIONAL REQUIREMENTS FOR NON-
RESIDENTIAL DISTRICTS, SEC. 20 -5 tG) OF THE LAND
DEVELOPMENT CODE, TO PERMIT A FRONT SET BACK OF 10 FEET
WHERE 20 FEET ARE REQUIRED, REQUESTED BY METRO -DADE
FIRE DEPARTMENT FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5860
S.W. 70TH STREET, SOUTH MIAMI, FLORIDA 33143, AND
LEGALLY DESCRIBED HEREIN
WHEREAS, the Metro -Dade Fire Department requested the
Planning Board of the City of South Miami for a variance from
Dimensional Requirements for Non - Residential Districts, Sec. 20--5
(G) of the Land Development Code, to permit a front set -back of
10 feet, where 20 feet are required, for the property known as
5860 S.W. 70th Street, South Miami, Florida 33143, which property
is legally described as follows:
See attached Exhibit "A'l
WHEREAS, an January 8, 1991 the Planning Board voted to
grant the variance request by a 4 - 1 vote; and
WHEREAS, the City Commission Staff Report recommended the
Board deny the request;
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 the Metro -Dade Fire
Department for a variance from Dimensional Requirements for Non -
Residential Districts, Sec. 20 -5 (G) of the Land Development
Code, to permit a front set -back of 10 feet, where 20 feet are
required, for the property known as 5860 S.W. 70th Street, South
Miami, Florida 33143, be, and the same is, hereby granted.
V
I i
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
14=18=8104
I
I
i
Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
PB Minutes 1 -8 -91
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
Assistant Chief for Supportive Services for MetroDade Fire
Department J. J. Brown signed in. Chief Brown gave a brief history
of this project. Ms. Gonzalez asked if this station differs from
that which was contemplated when the City and the County reviewed
the Bakery Center development. Chief Brown explained that it
differs in that the original discussion involved the example of the
Kendall station. This is a variation of that project and is
somewhat larger.
Mr. Lefley asked why the station wants or needs to move from its
present location, was advised that since women are now members of
the department, dormitories have different requirements. The
present location's size does not allow for this expansion. Services
can be increased from this location when future funding becomes
available.
There being no one else wishing to speak on this subject, Mr.
Gutierrez closed the Public Hearing and asked for comments from
Staff .
Mr. Mackey stated that the front setback is the only difficulty
with this project at this point.
Mr. Gutierrez feels that the square footage could be reduced by
further architectural design modifications.
Mr. Parr made a motion to approve the request.
Seconded by Mr. Eisenhart.
Vote: Approved: 4 Opposed: 1
(Gutierrez)
I
S TAF F REPORT
PB -90 -031
Applicant: Metro -Dade Fire Department
January 4, 1991
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
ANALYSIS
The applicant wishes to construct a fire station on property
adjacent and part of the MetroRail site to serve the area
surrounding with fire rescue services. The applicant is utilizing
predesigned configurations and will be unable to fit the
standardized project on the existing site. The applicant is
seeking variances in order to accomplish construction.
RECOMMENDATION
Staff recommends denial.
Site plans, floor plans, elevations will be presented at
the night of the meeting.
City of South Miami
6130 Sunset Drive. South Miami. Florida 33143
'4�y APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
Property Owner: Metro -bade Signature:
Address: b000 SW 87 Ave. Phone Number: (.505) 59&-&155
Nl�a.m� I=L. 33173
j Represented By: Steven Ba'jcr organization: Mctr o -bade Fire lept.
Address: !0000 SW 81 Ave Phone: (3o5) 591 -P Loo
Architect: Tad -Hoffman, 3t'. Phone: 442 - 44008
Engineer: Phone:
Owner X— option to purchase ,_.Contract to purchase ^ Copy attached?
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
I Lot (s) Block Subdivision I PH -
iMetes and Bounds:
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
Briefly explain application and cite specific Code sections:
SUBMITTED MATERIALS
. Letter of intent Hardship statement Reasons for change
Proof of ownership Power of attorney Contract to purchase
XCurrent survey ,Site plan (7 copies) Required fee(s)
Tha undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belief.
12-17-90 --AzeIt >,J Cons4ruc41on Marne
Date
Applicant's Signature and title
Upon receipt, applications and all submitted materials will be reviewed for
compliance 'th City Codes and other applicable regulations. Applications
foun In compliance will be rejected and returned to the applicant.
USE ONLY
DATE FILED
ACCEPTED
REJECTED
HEARING
COMMISSION
PETITION
REQUIRED _
DEADLINE OTHER INFO PETITION ACCEPTED
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APPLICANT:
SW 70
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CITY of MUN AMAMI PLANNING 150A RD
omac c c
Scale........
Date .........
Drn ...... Chk.
7 .5' %. Q
Hearing No...
City of South Miami
NOTICE OF PUBLIC HEARING
On Tuesday, February 5, 1991, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
Metropolitan Dade County, Florida
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
(305) 596 -8600
December 14, 1990
City of South Miami
Planning Board
6130 Sunset Drive
South Miami, FL-33143
Dear Sirs:
Subject: Metro -Dade Fire Station 14 Variance
The Fire Department is respectfully requesting a 10 foot variance of the front
set back requirement on a parcel of land located on the South Miami Metrorail
corridor property at 70 Street and U. S. 1.
The relocation and expansion of the South Miami fire station has been an iden-
tified need for several years. In 1984 after an exhaustive property search
both within and outside of the city limits, the present site was mutually
agreed upon by MDTA, the City of South Miami and the Fire Department because it
represented both the needs of Fire Department for access and location and the
wishes of the City to keep the station within the City limits. To that end,
the City, the County and the Bakery Center developer, Mr. Margulies, entered
into a Tri -Party Agreement providing for a future station on the site similar
to the Kendall Fire Station, No. 9. It also provided for the cost of construc-
tion to be shared by the Bakery Center developer (as part of DRI approval) and
Dade County.
Based on this agreement, the Fire Department proceeded with architectural draw-
ings and site preparation in 1987 at a cost thus far of $250,000. For the past
six months the department has worked closely with the South Miami Environmental
Review Board to achieve a mutually acceptable design. Now, at the request of
the City, subsequent to a legal interpretation of the Tri -Party Agreement and
in an effort to further cooperate with the City, the Department is seeking
official relief of 10 feet from the front set back requirement of the City
code. Without this relief, the department will be unable to construct the type
of station needed to meet the current and future needs of the South Miami com-
munity. Failure to construct a station on this site will reduce the level of
service proposed for the City, will result in a $250,000 loss to the Fire
Department of funds already spent on site preparation and station design and
may result in default of the Tri- Party Agreement.
For these reasons, the Fire Department requests favorable consideration of this
application for variance.
Sincere ,
! Assistant Chief
for Supportive Services
Always Ready, Proud to Serve
METRO -DADE TRANSIT AGENCY
METRO -DADE CENTER
111 N.W. 1st Street -suite 910
Miami, Florida 33128.1999 - 900A0E
December 17, 1990
Mr. Steven D. Bayer,
Construction Manager
FACILITIES MANAGEMENT BUREAU
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
SUBJECT: Fire Station No. 14 —
Metrorail South Miami Station
Dear Mr. Bayer:
As you are aware, there is an underground electric ductbank at
the Southeast corner of the proposed Fire Station building.
The location of said ductbank must be verified by Florida Power
& Light Co. and shown on the building plans, in order to
determine if the proposed building encroaches with the ductbank.
Under no circumstances the proposed building will be allowed over
the ductbank.
Sincerely,
Leopold Van Bergen
Manager, Transit Utilities
& Right of Way
LVB /oeb
c: A. Rodriguez
F. Talleda
4100�
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d14taKct 04 100.91 44ttt to tht Potnt v{ CUAVAtuAA 04 a CIACUIaA 4U4VA,
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caAve to the Alght. haVlxg a Aadtu4 v4 5S.00 Jett, tkAOUgh a ctxtAd4
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long the Soutk kixt 04 the 904th $1.00 44ttt 04 the. South 1/1 04 the
SOUth 119 o{ the Southta4t 114 04 44td Stctt:on U 4vA A dt4t4ftC4 04
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44.ctlaK; tktxct AUK Soutktd4ttA4y to SOUtkwe4t&449 440x9 tht AAC 04
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IU.S, kv. 11; thence 4un South 41 dt9Att4 4 +elxutt4 12 44coRd4 Wt4.t
a404Q 4di4 MVAthloe4t4Aly Rtgkt -04� -Way 4.4x& v4 Stott Road Nv. S [U.S.
W0.11 T 1 404 a d,14tanct 04 31.$l 44t.t to the PO.4x,t od Etgtnxlxg.
Caxta44149 31.S61 4gU444 44tt x044t PA 4444.
Exhibit "A"
am
METRO -DADE TRANSIT AGENCY
METRO -DADE CENTER
111 Northwest First Street -Suite 910
Miami, Florida 3312 8-1999 U-2
December 19, 1990
Mr. Steven D. Bayer
Construction Manager
Facilities Management Bureau
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
Re: South Miami Metrorail Fire Station
Dear Mr. Bayer:
This will confirm that subject to Metro —Dade Transit Agency (MDTA)
review and approval of all construction plans, MDTA has
tentatively approved the use of a parcel of land located at the
northeast corner of the South Miami Metrorail Station for
construction of a fire station. This approval shall also be
subject to review and approval of all Dade County Departments
having appropriate jurisdiction under the Code of Metropolitan
Dade County and issuance of all applicable permits from the Dade
County Building and Zoning Department.
Sincerely, -
bster Colby
Director
c: Chief M.E. Perry
r
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
VARIANCE FROM SEC. 20 -4.3 (I)(16) TO PERMIT A FLAT
SIGN OF FIFTEEN (15) SQUARE FEET IN AREA WHERE ONLY ONE
(1) SQUARE FOOT OF SIGN AREA IS PERMITTED AND A REQUEST
FOR A VARIANCE FROM SECTION 20 -4.3 (I)(16) TO PERMIT
DIRECT ILLUMINATION WHERE ONLY INDIRECT ILLUMINATON IS
PERMITTED AND A VARIANCE FROM SEC. 20 -4.3 (J)(1) TO
PERMIT A SIGN IN THE FRONT YARD SETBACK WHERE THE FRONT
YARD SETBACK I3 TWENTY -FIVE (25) FEET FOR AN RO
DISTRICT; REQUESTS BY BILLY S. AUSTIN, FROM THE
PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR
THE PROPERTY KNOWN AS 7535 S.W. 62 AVENUE, SOUTH MIAMI,
FLORIDA 33143, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Billy S. Austin requested the Planning Board of the
City of South Miami as follows:
(1) a variance from Sec. 20 -4.3 (I)(16) to permit a flat sign of
fifteen (15) square feet in area where only one (1) square foot
of sign area is permitted;
(2) a variance from Sec. 20 -4.3 (1)(16) to permit direct
Illumination where only indirect illumination is permitted;
(3) a variance from Sec. 20 -4.3 (1)(1) to permit a sign in the
front yard setback where the front yard setback is twenty -five
(25) feet for an RO District;
All requests by Billy S. Austin from the Planning Board of the
City of South Miami, Florida for the property known as 7335 S.W.
62 Avenue, South Miami, Florida 33143, which property is legally
described as follows:
South 25 feet of Lot 26 and North 25 feet of Lot 270
Block 2, REVISED PLAT OF PART OF BLOCKS 1 & 2 OF LARKIN
PINES, according to the plat thereof as recorded in
Plat Book 53, Page 41 of the Public Records of Dade
County, Florida.
WHEREAS, on January 29, 1991 the Planning Board voted to
approve request no. 1 by a 5 - 0 vote and denial of request no. 2
by a 3 - 2 vote; and to approve request no. 3 by a 5 - 0 vote;
and
WHEREAS, the City Commission Staff Report recommended
denial of all requests;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That request no. 1 of Billy S. Austin for the
variance from Sec. 20 -4.3 (I)(16) to permit a flat sign of
fifteen (15) square feet in area where only one (1) square foot
of sign area is permitted for the property known as 7535 S.K.
62 Avenue, South Miami, Florida 33143, be, and the same hereby
e-D gr -�q
3°�
Is, approved.
ggptiop 2. That request no. 2 of Billy S. Austin for the
variance from Sec. 20 -4.3 (I)(16) to permit direct illumination (,i1
G oar` ,
where only indirect illumination�is permitted for the property
known as 7535 S.W. 62 Avenue, South Miami, Florida 33143, be, and
the same hereby is, denied.
Section 3. That request no. 3 of Billy S. Austin for the P'WOV
variance from Sec. 20 -4.3 (J)(1) to permit a sign in the front n �v✓
yard setback where the front yard setback is twenty -five (25) 1/
feet for an RO District for the property known as 7535 S.W. 62
Avenue, South Miami, Florida 33143, be, and the same hereby is,
approved.
PASSED AND ADOPTED this th day of Februazy, 1951.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
ITY ATTORNEY
APPROVED:
MAYOR
2
CHANGE OF
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, January 29, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
-�
Applicant:
Billy S. Austin
Request it
Variance from Section 20 -4.3 (I)(16) to permit a
flat sign of fifteen (15) square feet in area where
only one (1)
square foot of sign area is permitted.
Request m2:
Variance from Section 20 -4.3 (I)(16) to permit
direct illumination where only indirect illumination
is permitted.
Request .43:
Variance from Section 20 -4.3 (J) (1) to permit a sign
in the front yard setback where the front yard
setback is twenty -f ive (25) feet for an RO District.
Legal:
South 25 feet of Lot 26 and North 25 feet of Lot 27,
Block 2, REVISED PLAT OF PART OF BLOCKS 1 & 2 OF
LARKIN PINES, according to the plat thereof as
recorded in Plat Book 53, Page 41 of the Public
Records of Dade County, Florida.
Location:
7535 S.W. 62 Avenue
South Miami, Florida 33143
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
'ROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO -
Cc.EDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. S. Z86.0805)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS ..T THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
,11AM1. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
N PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
IGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
-''E AREA INVOLVE:. -'-!E BOARO'S RECO.`.IM
- ENDATI ON ON THIS :.;,�,TT _,^; WILL Bc HEARD °Y THE CITY COMMISSION
9'JTURE =ATE. INTERESTED PARTIES REQUESTING INFOPMATION ARE ASKED '.O CONTACT THE OFFICE OF THE
.7NING C(Ft= =TOR BY CALLING 667 -5091 CR EY WRITING. REFER TO HEARING NUMBER WHEN MAKING
NOUIRY.
PLANNING BOARD
IS13I00_7 Bz REV. Ii_9 -el THIS IS A COURTESY NOTICE
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CITY of MUTW AIAMI ^- PLANNING 5% RD T15 'gf°'.03#--
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To 1%hor.: It Mav Concern:
Mlll_ S. Austin, �. . .. � and ,;.ti wife, Violet Austin,
are the sole owners and r_,ronriet.ors cf Austin Animal Clinic
located at 7535 S. W. 62 ?.venue, South Miami, Florida.
I am applying for a variance to
the front of my clinic buildina
forth on the attached drawing.
in lenath and 18 inches in heia
the existing roof soffit. Said
ANIMAL CLINIC ", and exhibit the
sign would be back lighted.
have a sign exhibited on
and facing 62 Avenue as set
Said sign would be 10 feet
ht and would not be hiaher than
sign would read, "AUSTIN
street number 7535. Said
I have operated an animal clinic at this location for twenty -
nine years. I have always had a sign of approximately the
same size as the one now requested on the property plus one
of similar size on the north side of the building.
My property is immediately adjacent to and bordered by
McDonalds restaurant and parking lot on the north side and
is largely hidden by their landscaping and free standing
sign. Said McDonalds fronts on U. S. 1. U. S. 1 and 62
Avenue is a major intersection with a stop light. Traffic
consistently backs up many cars south of my building on 62
Avenue plus the intersecting 76 Street to the east. An
appropriately sized sign is essential for immediate site
recognition by my clients and potential clients to avoid
adding to the traffic congestion.
My property is the first property zoned resedential /office
on the east side of 62 Avenue south of U. S. I. There are
no properties with street numbers exhibited between U. S. 1
and my animal clinic. My building is recessed and diffi-
cult to locate because of the abutment of the McDonalds
restaurant, parking lot and landscaping to the north; a
professional medical /office building immediately south;
and the Mega Bank building directly across 62 Avenue to
the west. All of these buildings have signs much larger
than the sign I am requesting.
The distance from my building to U. S. 1 is only 75 feet.
Without a sign of the size reauested in this variance it
is impossible for individuals attempting to locate my
animal clinic to observe the name or locate the street
number on the building and still negotiate the turn into
the parking area without creating a traffic hazard.
There are no lower numbered businesses or houses between
U. S. 1 and my property to indicate the the location of
my animal clinic.
Additionally, the non- existence cf a sufficiertlT ✓ visible
sign as requested would cause the slowing or halting of
traffic turnina onto 62 avenue from U. S. 1 or proceeding
across S. - from the north on 62 Avenue thus increasing
traffic congestion and hazard in an already hiahly conaested
intersection. The viewina o. a one square foot name olaaue
recessed on my exterior tali as reauired cy : he ~resent
code iouid be danaerousiv slot, and an unnecessary_ traffic
hazard. +
The boundaries of my property nand my building are further
concealed from view by the city authorized construction of
a McDonalds drive thru alley which contains a large obstruc-
tive sign with a McDonalds illuminated logo.
If one would stand in front of my clinic and observe the
immediately surrounding neighborhood he would see the signs
on the Mega Bank directly in front in the corner of the
South Miami Shopping Center. He would see the variety of
signs in the remainder of the shopping center directly west.
He would see the sign on the professional office /medical
building adjoining my property to the south. He would see
the signs both free standing and on the McDonalds restaurant
building adjoining my property to the north. He would see
the large sign located on and designating the South Miami
Hospital. None of these signs are garish or unsightly.
They are appropriate for the businesses in the area. In-
deed they are necessary for the customers, patients, and
clientele of the respective properties. My business and
my property are surrounded by signs consistent with that
which I am requesting.
The delineation between Residential /Office and Commercial
zoning on a map has created this problem. In practice and
in actuality, my property is consistent with the "commerc-
ial" property surrounding it and should be allowed to be
so identified with an appropriate sign consistent with the
surroundings.
R7p tfullly,
B. S. Austin, 4. V. M.
Violet H. Austin
P. S.
This request for variance is necessary because the pre-
existing signs became unsightly and non - functional after
twenty-nine vears of service durina which time the city
changed the sign ordinance.
LAW OFFICES OF
CARR AND CARR. P. A.
1441 NORTH WEST NORTH RIVER DRIVE
MIAMI. FLORIDA 33125
TELEPHONE
L VANCE CARR
(305) 662 -5755
December /, 1990
.:OY MAXWELL CARR
City of South Miami
Building and Zoning Department
6130 Sunset Drive
South Miami, Florida 33143
Re: Application for Zoning Variance
for Dr. Billy S. Austin
Gentlemen:
Please be advised that I represent Dr. Billy S. Austin with
regards to his application for a variance to place a sign on
his animal clinic located 7535 S.W.
62 Avenue South Miami,
Florida. Attached
Please find a application for variance signed
by Dr. Austin, a drawing of the proposed sign to be
Ce
on his animal clinic, a letter of intent which includes a
hardship statement an the reason for change with in it, a current
survey of the property which also would satisfy the requirements
of a site plan (see survey) and the required proof of ownership.
Dr Austin is requesting that South Miami grant him a variance
to place a sign on his property larger than that allowed
presently under the City of South Miami Land Development code
section 20 -4.3. The sign which he would propose to have
constructed on the front of his building would be a flat sign
consistent with 15 square feet in area and containing indirect
illumination.
Please provide Dr. Austin with a Petition for the applicant
for him to circulate and obtain signatures from the surrounding
property owners as soon as possible. Dr. Austin is also scheduled
to appear in front of the code enforcement board on December
13, 1990 at 8:30 a.m,. We would request that pursuant to this
variance application to be granted an extension by the code
enforcement board for the compliance hearing with regards to
the sign currently existing on his property.
The alleged violation does not constitute a safety hazard or
nuisance to the City of South Miami. In the event that there
is anything further you need from Dr. Austin or his attorney
with regards to the attached variance application please advise.
Thank you for your attention to this matter.
Sincerely,
JOY. CARR
I
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6130 SUNSET on,vc, sour" M/Aw.. FLORIDA o/^x
ZONIN G P2
Z, BilI7 S. Austin, D. V. M. and oife Violet H. Austin do
bezebv petition for a variance from Section
, � 2U-4 ^�
(
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c
o �ermit a �Ia� sign measuring I.� z IO feet (I5 square fee
r) aod directly illuminated where no sign is permic^ed ^Sigo to be permanently affixed to porch roof of Austin Aoimal Clinic located at 7535 S. W. 62 Ave, South Miami^ Sigo to be electrically illuminated
with existing electrical
conduit. Sign to replace old signs on west (front) and
north sides of building boo�uae of aging after 29 years of
servioe. Sign not to ezteouabove parapet of main building.
Petition: We, the undersigned property owners, are wirbioYom feet of the above
property. We understand and approve the above zeguest.
---
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V5 0� !�onzi � - - - - -
oue o� page 2) Pace I
S TAF F REPORT
PB -90 -032 January 25, 1991
Applicant: Billy S. Austin
Request ;1: Variance from Section 20 -4.3 (I)(16) to permit a
flat sign of fifteen (15) square feet in area where
only one (1) square foot of sign area is permitted.
Request "2: Variance from Section 20 -4.3 (I)(16) to permit
direct illumination where only indirect illumination
is permitted.
Request #3: Variance from Section 20 -4.3 (J) (1) to permit a sign
in the front yard setback where the front yard
setback is twenty -five ( 25 ) feet for an RO District.
Location: 7535 S.W. 62 Avenue
South Miami, Florida 33143
ANALYSIS
The applicant has erected an illegal sign which does not
conform to the Land Development Code. The submission before the
Board is a request to permit similar signage on the property, the
existing illegal sign to be replaced by the proposal.
Staff does not recommend approval.
Elevations will be presented at the night of the meeting.
Applicant: Billy S. Austin
Request #1: Variance from Section 20 -4.3 (I)(16) to permit a
flat sign of fifteen (15) square feet in area where
only one (1) square foot of sign area is permitted.
Request #2: Variance from Section 20 -4.3 (I)(16) to permit
direct illumination where only indirect illumination
is permitted.
Request #3: Variance from Section 20 -4.3 (J) (1) to permit a sign
in the front yard setback where the front yard
setback is twenty -five ( 25 ) feet for an RO District.
Legal: South 25 feet of Lot 26 and North 25 feet of Lot 27,
Block 2, REVISED PLAT OF PART OF BLOCKS 1 & 2 OF
LARKIN PINES, according to the plat thereof as
recorded in Plat Book 53, Page 41 of the Public
Records of Dade County, Florida.
Location: 7535 S.W. 62 Avenue
South Miami, Florida 33143
Dr. Austin signed in and addressed the Board, giving a history of
his business at the location listed above, along with its
relationship to the area. He had replaced two existing signs which
together totaled 30 sq ft and had been attached when the building
was erected approximately 38 years ago with one sign totaling 15
sq ft. Dr. Austin contends that the original zoning designation
which differentiated between two existing commercial areas is
inappropriate. He is in an RO District, surrounded by commercial
properties who have legitimate signs. He feels that, for the sake
of his business, he should be allowed the same signage
consideration as those commercial districts. In order for this to
happen, he must acquire a variance. Dr. Austin explained his need
for a sign as being readily found by those who might need his
services, especially in emergency cases.
Public Hearing is closed and Executive Session declared.
Staff, when asked, recommended denial. Mr. Eisenhart commented
that, according to the drawings, the building stands within a 25'
setback, so even a sign flat against the building would be in
violation. Even though the canopy is grandfathered, the sign still
must comply with the 25' setback.
Mr. Lef ley
Request #3
Gonzalez.
Vote:
made a motion to approve Request #l, Request 12 and
as requested by the applicant. Seconded by Ms.
Approved: 2
Chairman calls for another motion.
Opposed: 3
(Gutierrez)
(Eisenhart)
(Ligammare)
Mr. Lefley made a motion to take up each request individually, 1
through 3. Seconded by Mr. Eisenhart.
Vote: Approved: 5 Opposed: 0
Mr. Gutierrez made a motion to approve Request # 1 as presented.
Seconded by Ms. Gonzalez.
Vote:
Approved: 5 Opposed: 0
Mr. Gutierrez made a motion to deny Request 1 2. Seconded by Mr.
Ligammare.
Vote: Denial Approved: 3 Opposed: 2
(Lefley)
(Gonzalez)
Ms. Gonzalez made a motion to approve Request 13 with the condition
that it be tied to the site plan. Seconded by Mr. Eisenhart.
Vote: Approved: 5 Opposed: 0
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
VARIANCE FROM SEC. 20 --4.4 (B)(7) OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PERMIT 7
PARKING SPACES WHERE 17 PARKING SPACES ARE REQUIRED FOR
AN EATING PLACE AND A REQUEST FOR A SPECIAL USE PERMIT
FOR AN EATING PLACE IN THE SR (SPECIALTY RETAIL)
DISTRICT, AS SPECIFIED IN SECTION 20 -3.3 (E) OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI; BOTH
REQUESTS BY ROGER SHAY, FROM THE PLANNING BOARD OF THE
CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS
5880 S.W. 73rd STREET, SOUTH MIAMI, FLORIDA 33143,AND
LEGALLY DESCRIBED HEREIN
WHEREAS, Roger Shay requested the Planning Board of the L
City of South Miami as follows:
%V
�%4cz
(1) a variance from Sec. 20 -4.4 (B)(7) of the Land Development
Code of the City of South Miami, Florida to permit 7 parking U
spaces where 17 parking spaces are required for an eating place; —
(2) a Special Use Permit for an Eating Place in the SR (Specialty
Retail) district, as specified in Sec. 20 -3.3 (E) of the Land
Development Code;
both requests for the '�1A N
q property known as 5880 S.W. 73rd Stxeet,
South Miami, Florida 33143, which property is legally described
as follows:
Lots 46 and 47, less the West 60 feet, W A
LARKINS, according to the plat thereof as
recorded in Plat Book 3 at Page 198 of the
Public Records of Dade County, Florida.
WHEREAS, on January 29, 1991 the Planning Board voted to
approve request no. 1 by a 4 -- I vote and to approve request no.
2 by a 4 - 1 vote; and
WHEREAS, the City Commission Staff Report recommended
denial of all requests;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
r7 Section 1. That request no. 1 of Roger Shay for the
variance from sec. 20 -4.4 (A)(7) of the Land Development Code of
the City of South Miami, Florida to permit 7 parking spaces where
17 parking spaces are required for an eating place for the
property known as 5880 S.W. 73rd Street, South Miami, Florida
33143, be, and the same hereby is, approved.
Section 2. That request no. 2 of Roger Shay for a Special
Use Permit for an Eating Place in the SR (Specialty Retail)
district, as specified in Sec. 203.3 (E) of the Land
Development Code for the property known as 5880 S.W. 73rd
Street, South Miami, Florida 33143, be, and the same hereby is,
approved.
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
6
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, January 29, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
• : • I �
Applicant: Roger Shay
Request #1: Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 7 parking spaces where
17 parking spaces are required for an Eating Place.
Request #2: Special Use Permit for an Eating Place in the SR
(Specialty Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal: Lots 46 and 47, less the West 60 feet, W A LARKINS,
according to the plat thereof as recorded in Plat
Book 3 at Page 198 of the Public Records of Dade
County, Florida.
Location: 5880 S.W. 73 Street
South Miami, Florida 33143
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGV SUCH PERSON WILL NEED A RECORD OF THE
- ROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS 15 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. 'F. S. 2-96. 01051
AC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 613C SUNSET DRIVE, =OUTH
.11. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
. INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
:RSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
T TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
+REA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL 13E HEARD BY THE CITY COMMISSION
FUTURE MATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
,G DIRECTOR BY CALLING 667 -5691 OR By WRITING. REFER TO HEARING NUMBER WHEN MAKING
ARY.
70-7 REV. 12 -9-61
THIS 1S A COURTESY NOTICE
PLANNING BOARD
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First
National
�nk
South
Miami
Mr. Raymond H. Gonzalez
Casa Mongui Restaurant
5800 S.W. 73 St.
Miami, Fl. 33143
anua -- i;, 199?
Dear Sir:
We are pleased to hear of your pending move to the location at
the corner of 73rd Street and 58th Avenue.
Due to the close proximity to our 73rd Street Parking Lot, we
wish to offer merchant parking to you.
It is a standing policy of our Flank to offer one hour validated
parking to customers of our merchant customers.
We will gladly give you a validation stamp for use during Banking
hours. It should be noted that the Bank opens the gates of the
Parking Lot after 3:00 P.M. and the lot is free for our use by
all persons visiting South Miami until the following morning.
We wish you continued success at your new location.
LWM:meg
Very truly yours,
Charles E. Manash
Vice President
5750 Sunser Drive, South Miami, Florida 33143 • Telephone (305) 667 -5511
10 v
SOUTH MIAMI CORPORATION
SOUTH MIAMI, FLORIDA
(First National Bank of South Miami)
74th STREET PARKING LOT
RECEIPT OF . 10 — card (s)
r S each 1 mo. 3 mo. 6 mo. 1 yr. Y
TOTAL ?,400.00
SALES TAX 144.00
$ L544.
We assume no liability for theft. collision. firc damage or injuries of any kind While
using the parking facility.
This agreement may be cancelled by either party upon 15 days written notice. Upon
return of the parking card (s) to the South Miami Corporation any refund then duc shall
be paid upon such surrender.
Acceptance of this card constitutes acknowledgment by the holder that he has read
and agrees to these terms.
DATE: ?_ –91 EXPIRATION: 2- -32 _.
- $10.00 CARD REPLACEMENT FEE -
Deposit of check for Casa Mongui Restaurant
$636.00 represents
lst 3 months. Name
(Ramon H. Gonzalez)
5800 S.W. 73rd St.
Address
Miami, F1. 33143
J
Applicant: Roger Shay
Request #1: Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 7 parking spaces where
17 parking spaces are required for an Eating Place.
Request #2: Special Use Permit for an Eating Place in the SR
(Specialty Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal: Lots 46 and 47, less the West 60 feet, W A LARKINS,
according to the plat thereof as recorded in Plat
Book 3 at Page 198 of the Public Records of Dace
County, Florida.
Location: 5800 S.W. 73 Street
South Miami, Florida 33143
Ramon Gonzalez, future applicant, and John Lemieux, his
representative, signed in. Mr. Lemieux presented the request as
stated above and explained that arrangements have been made to
lease the additional 10 parking spaces from the bank adjacent to
the proposed site. Also, unlimited parking to the east and across
the street from this property is available. Also, there are
approximately 60 metered parking spaces to the north of the
property. There are 16 metered spaces in front of the building,
the north and east sides. Mrs. Gonzalez added that the reason they
first became interested in this property was because of the large
amount of parking. Mr. Mackey explained that the letter from the
bank does not constitute parking by City Code, which requires
parking on -site or through a 20 year lease on property within a
specified number of feet from the site.
Mr. Eisenhart made a motion to grant Request # 1 and Request # 2.
Seconded by Ms. Gonzalez.
Vote_: Approved: 4 Opposed: 1
( Ligammare)
S TAF F REPORT
PB -91 -001
Applicant: Roger Shay
January 25, 1991
Request #1: Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 7 parking spaces where
17 parking spaces are required for an Eating Place.
Request #2: Special Use Permit for an Eating Place in the SR
(Specialty Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Location: 5880 S.W. 73 Street
South Miami, Florida 33143
ANALYSTS
The applicant is the owner of property and wishes to lease the
property for a restaurant use; however, the site does not have
sufficient area for the parking required for a restaurant use.
The property is not irregular, nor are there any existing variances
in the public record for the property. The applicant is permitted
by code to apply for a Special Use Permit.
RECOMMENDATION:
Staff does not recommend approval.
ti
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:00 PM ** *note special starting time
February 5, 1991
Next Resolution:
Next Ordinance:
Next Commission
4 -91 -9080
Meetinl -1469
g•2/19/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
U n v -e =r-1 shy -o f =M:i mjZ5tu d e n -t s -• -yvi n n e. r s i -n -d o w-n t -o w n= _-S.o.uth =hki�a m i
._.J- . - _
d-e- s+g-n- c-o� - t i o n
C h °a- r- t- e-r- R•e-v-i°e w -ft m m t twee
D. Items for Commission Consideration:
a. Approval of Minutes:c��
1—n �, -eT►, b-e -r ' °��- z-9� -a
,__,l.a- n- u-a-ry --2- 19.94.
3. __J.a.nu.a -r" _5-, 1- 9.9.1. /
',V, "r �.�L�
b. City Manager' s Report - d rs-cv ss-ro n-- o-F- -f i-na n'cn-n-g , p-ufb1 i c"wo-rk s
c. City Attorney's Report and--- po- l- i- ce-s-ta-t•i•on --fa•ci-l-i -ti -es
ORDINANCES - SECOND READING AND PUBLIC HEARING:
An Ordinance of the Mayor and City Commission of the City of South 3/5
Miami, Florida; amending Section 20 -3, 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.);
deletin special use conditions for "Satellite Antennas" in Section 20 -3.4
(B) (15 ?; creating Section 20 -5.23 Satellite Antenna Procedures; providing
fo'r severability; providing for ordinances in conflict; and providing for
an effective date. (Mayor McCann /Comm. Cooper)
* *Public hearing portion was closed at the meeting of 1/2/91.
Commission consideration and vote continues at this meeting
ESOLUTIONS FOR PUBLIC HEARING:
A Resolution approving requests for a waiver from Section 20- 4.2(C)(1) 3/5
of the Land Development Code of the City 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 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 6314 S.W. 49th Street, South
Miami, Florida, and legally described herein.
(Planning Board /Administration)
* *Public hearing portion was closed at the meeting of 12/18/90.
Commission consideration and vote continues at this meeting
A Resolution of the Mayor and City Commission of the City of South Miami„ 4/5
Florida approving a request for a variance from dimensional requirements
for non - residential districts, Sec. 20 -5 (G) of the Land Development Code,
to permit a front set back of 10 feet where 20 feet are required, requested
by Metro -Dade Fire Department from the Planning Board of the City of South
Miami, Florida for the property known as 5860 SW 70 Street, South Miami,
Florida 33143, and legally described herein.
(Planning Board /Administration)
A Resolution of the Mayor and City Commission of the City of South Miami, 4/5
Florida denying requests for a request variance from Sec. 20 -4,4 (B) (11)
of the Land Development Code to allow nine parking spaces where twenty -
three are required pursuant to Sec. 20 -3.3 (D) for use as,ian automobile
repair and body shop; requested by Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley from the Planning Board of the City
of South Miami, Florida for the property known as 5786 Progress Road ,
South Miami, Florida, and legally described herein.
(Planning Board /Administration)
REGULAR CITY COMMISSION MEETING
FEBRUARY 5, 1991
PAGE 2
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of a Microfilm /Jacket Sytem
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 ".
(Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida authorizing the City Administration to enter into a
contract with Willie Tompkins for the operation of a concession stand
at Murray Field.
.0 A Resolution of the Mayon and City Commission fo the City of South
Miami, Florida, expressing support, gratitude and Goodwill to the
troops of the United States of America and to the troops of the
Allied Nations as they preserve the free world.
(Mayor and Commission) 3/5
1. A Resolution of the City of South Miami, Florida, appointing
Sharlene Butler as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until
a successor is duly qualified and appointed.
(Mayor) 3i5
:2. A Resolution of the City of South Miami, Florida, appointing
Clarence Patterson as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
(Mayor) 3/5
:3. A Resolution of the City of South Miami, FL, appointing Stanley Sterbenz
as a member of the.City of South Miami Recreation Board to service in
such capacity until February 1, 1993, or until a successor is duly
qualified and appointed.
(Mayor ) 3/5
:4. A Resolution of the City of South Miami, Florida, appointing
Jim Wiegrefe as a member of the City of South Miami Recreation Board
to serve in such capacity until February 1, 1993, or until a
successor is duly qualifiedoand appointed.
(Mayor) 3/5
.5. A Resolution of the City of South Miami, Florida, appointing
Jim Wiegrefe as a member of the City of South Miami Recreation Board
to serve in such capacity until February 1, 1993, or until a successor
is duly qualified and appointed.
(Mayor) 3/5
?6. A Resolution of the Mayor and City Commission of 'the City of South
Miami, Florida, authorizing the purchase of one Pro Mark Model 410 -
Chipper for the Public Works Department for a total price not the
exceed $22,056 and providing for disbursement from account number
1720 -6430
(Administration) 3/5
7. 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 Finance Department purchase of Computer Software as set
forth hereinbelow upon the basis that there is one source of supply
authorizing an expenditure not to exceed $14,056.83 to City Computer
Solutions Inc. for this software, charging the disbursement to
Account No. 1410 -6430: "FINANCE DEPARTMENT- EQUIPMENT ".
(Administration) 3/5
J
REGULAR CITY COMMISSION MEETING
FEBRUARY 5, 1991
PAGE 3
ORDINANCES FIRST;READING
18. An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of "Physical Therapist" in Section 20 -2. 3; permitting
"Physical Therapist" under Section 20 -3.3 (E) of the permitted use
schedule as a special use in Ro, Lo, and Mo Districts; providing for
special use requirements under Section 20 -3.4 (8) by adding a new
Subdivision (15); providing for severability, ordinances in conflict
and an effective date. (Mayor McCann)
REMARKS
Linda Werner, At Ease, 5844 Sunset Drive, to address the City
Commission regarding fines received for alarms that
were determined, by the City, to be "false ".
You are hereby advised that
with respect to any matter
person will need to ensure
Aade, which record includes
appeal i,s ,.based.
if any person desires to appeal any decision
considered at this meeting or hearing, such
that a verbatim record of the proceed;ngs is
the testimony and evidence upon which the
4/5