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10-15-91Y' OFFICIAL AGENDA CITY OF 'SOUTH - MIAMi 6130 Sunset Drive REGULAR CITY..'COMMI'SSION MEETING 7:30 'p . m-: October 15, .1991 Next - Resolution: Next Ordinance: No v+ wT. 11i. -aS IOr. iicEt'l II • 11/ �� `J l A. Invocation B. .Pledge of Allegiance to the Fla.g:of the United States of America C. Presentations D. Items for Commission Consideration: 1., Approval of Minutes of 10/1/91 Regular City 'Commission meeting 2. City Manager's Report 3':: City Attorney's Report - Report by Special Counsel, G. Borgognoni 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- 3.3(D) of the Land Development Code of the City of South Miami, Florida, to permit automobile parking structure as a special use-in RO Districts; amending Section 20 -3.4 of the Code to add a new Section (15) setting forth the special use conditions for automobile parking structures in RO Districts; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor McCann) 4/5 'RESOLUTIONS FOR PUBLIC HEARING: / ��r�I � G� -LCD' �L,,�c.,,�.,.� .�, c !- c, t•r � �' G�'vr:.� L,; ,� � 1'..t =:` � Lrt,: .�i ; ; �R � �) � ;'i � . �� 5. /A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting a request by Stanley Toledo, from the�Planning Board of the City of South Miami for variance from Section 20 -4.2 (C) (1) of the Land Development Code to waive side - wal�ks, curbs, gutters, paving, and drainage for the property known as 6314 SW 49th Street, South Miami, FL 33143, and legally described hereinbelow. (Planning Board /Adm.) 4/5 6. A Resolution of the Mayor and-City Commission of the City of South Miami, Florida, granting a request by the School Board of Dade County, Florida from the Planning Board of the City of South Miami, for three variances from Sec. 20 -3.5 (c) (3) of the Land Development Code to allow a Zero (0) feet rear setback for a proposed addition; to"61low a Building coverage of thirty -eight percent (38%); to allow an impervious coverage of seventy -six percent (760) and one variance from Section 20 -3.5 B (12) of the Land Development Code to require no additional parking spaces where twenty six (2.6) parking spaces are required for a proposed addition for tb.e property known as 6750 SW 60 Street, South Miami, FL 33143 ( a,.,.Rubl i c Facility, specifically South Miami Middle School.) and legally described hereinbelow. (Planning Board/Adm.') 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager-to execute a contract with Robert K. Swarthout, Incorporated, for preparation of a Concurrency Management System .for a maximum expenditure of $9,500.00; charging the disbursement to Building /Zoning Department Account'No. 1610 -3110 "P-lanning Consultant." (Administration) 3/5 8. A Resolution of the Mayor and City.Commission of the City of South Miami, Florida, instructing the City. Administration not to remove two parking spaces and, meters from the Southwest corner of.SW 40 Street and'S.W. 57 Avenue in compliance with the State Department'of Tran.sportaion's.Request. aMayor) 3/5 OFFICIAL AGENDA October 15, 1991 page 2 RESOLUTIONS: .9.." .. A.. Resol uti-on of the ,..Mayor-and City Commission ...of the City of South, Miami , ''Florida, authorizing the. purchase of Computer Equipment as set forth herein below upon. the basis that there is one source of supply; authorizing the expenditure of $2,306.60 to decade Computer Services. Inc., for this equipment; charging-the disbursement to..account No.. 09 -1910 -6430 ` "Equipment- Operating." (Administration) 3/5 10.. •A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing. the purchase of Codification Services form Municipal Code Corporation for a total price no to exceed $1,157.51 by the Clerk's Office- and providing for disbursement from account number'1200 -4950 "Codifications. (City Attorney) 3/5 11. A Resolution of the Mayor and City Commission of the City of: South Miami, Florida, authorizing the purchase of glass, glass frami.ng,:doors, and casement. and high fix windows for South Miami City Hall for a total price not to exceed $31,045.00 by Public Works Department and providing for disbursement from account number 1710 -4660 "Maintenance and repairs of City Hall. (Administration) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager into a two year extension of the lease of the premises commonly known as the South Miami Fire Station to Metropolitan Dade County. (Administration) 4/5 ORDINANCES - FIRST READING. 13. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida, to permit Mobile Food Vendors in RM -18 Zoning Districts; providing for terms and conditions; providing for severability and an effective date. (Commi6sioner Launcelott) 4/5 14. An Ordinance amending the Land Development Code of the City of South Miami, Flor.ida,.by deleting the existing section 20 -5.3 and enacting a new section 20 -5.3 thus permitting concurrent zoning changes to planned unit developments and underlying zonings providing-for severability; ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/5 REMARKS: John Fletcher - to discuss and seek City action on the University of Miami's proposed dormitories on Red Road. A presentation by the University of Miami in regards to the campus area development district. 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 Trill. need to ensure that. a'= verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. y OFFICIAL AGENDA CITY OF SOUTH, MIAMI 6130 Sunset Drive REGULAR CITY-COMMI'SSION MEETING 7:30 'p.m,. October 15, ,1991 A. B. C. D. Next Resolution: Next Ordinance: mext C=idJ IV11 I•ICCtII6�:. .Invocation ..Pledge of Allegiance to the Fl a.g: of the Un.i_ted States of America Presentations Items for Commission Consideration: 1.• Approval of Minutes of 10/1/91 2. City Manager's Report 3':. City Attorney's Report - Report Regular City Commission meeting by Special Counsel, G. Borgognoni ORDINANCES - SECOND READING AND PUBLIC NEARING: S 4. 1 An Ordinance of the Mayor and City Commission of the City of South-Miami, Florida; amending Section 20- 3.3(D) of the Land Development Code of the City of South Miami, Florida, to permit automobile parking structure as a special use-in RO Districts; amending Section 20 -3.4 of the Code to add a new Section (15) setting forth the special use conditions for automobile parking structures in RO Districts; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor McCann) 4/5 RESOLUTIONS FOR PUBLIC NEARING: 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting a request by Stanley Toledo, from the Planning Board of the City of South Miami for variance from / Section 20 -4.2 (C) (1) of the Land Development Code to waive side - �/ walks, curbs, gutters, paving, and drainage for the property known as 6314 SW 49th Street, South Miami, FL 33143, and legally described hereinbelow. }\}S (Planning Board /Adm.) 4/5 6. A Resolution of the Mayor and- City Commission of the City of South Miami, Florida, granting a request by the School Board of Dade County, Florida from the Planning Board of the City of South Miami, for three variances from Sec. 20 -3.5 (c) (3) of the Land Development Code to allow a Zero (0) feet rear setback for a to'allow a Building coverage of thirty -eight .� proposed addition; �Jpercent (38 %); to allow an impervious coverage of seventy -six percent (760) and one variance from Section 20 -3.5 B (12) of the Land Development Code to require no additional parking spaces where twenty six (2.6) parking spaces are required for a proposed addition for th.e property known as 6750 SW 60 Street, South Miami, FL 33143 ( aN Publ i c Facility, speci fi cal l.y South Miami Middle School.) and legally described hereinbelow. (Planning Board /Adm '.) 4/5 RESOLUTIONS: �• A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager-to execute a contract with Robert K. Swarthout, Incorporated, for preparation of a Co.ncurrency Management System-.for a maximum expenditure of $9,500.00; charging the disbursement to Building /Zoning Department Account'No. 1610 -3110 ''Planning Consultant." �(Administration) � 3/5 8. A Resolution of the Mayor and City .Commission of the South Mi.a.mi , Fl.ori da , i ns tructi ngthe C-i ty. Admi ni strati on not to remove two parking spaces and- meters from the Southwest corner of. SW 40 Street and S.W. 57 Avenue in compliance with the State Department'of Tran.spo.rtaion's.- Request. Q rl /7 Mayor) 3/5 OFFICIAL AGENDA October 15, 1991 page 2 RESOLUTIONS: 9.. A Resolution of the� Mayor and City Commi ssi o.n ...of the City of South Mi-ami,*'Florida, authorizing the.purchase of Computer Equipment as set forth herein below upon. the basis that there is one source of supply; authorizing the expenditure of $2,306.60 tol;recade Computer Services. Inc., for this equipment; charging the disbursement to :.account No 09- 1910 -6430 Y "Equipment- Operating." 9, q I , Q. (Administration) 3/5 .10. -A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing. the purchase of Codification Services form Municipal Code Corporation for a total price no to exceed $1,157.91 by the Clerk's Office and providing for �✓ disbursement from account number 1200 -4950 "Codifications. (City Attorney) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of glass, glass �frami.ng,:doors, and-casement and high fix windows for South i Miami City Hall for a total price not to exceed $31,045.00 by Public Works Department and providing for disbursement from account number 1710 -4660 "Maintenance and repairs of City Hall." / 1ip,q J, g1r7 tAdministration) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager into a two year extension of the lease of the premises commonly known as the South Miami Fire Station to Metropolitan Dade County. (Administration) 4/5 ORDINANCES - FIRST READING. 13. An Ordinance' of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida, to permit Mobile Food Vendors in RM -18 Zoning Districts; providing for terms and conditions; providing for severability and an effective date. (Commissioner Launcelott) 4/5 14. An Ordinance amending the Land Development Code of the City of South Miami, Flor.ida,,by deleting the existing section 20 -5.3 and enacting a new section 20 -5.3 thus permitting concurrent zoning changes to planned unit developments and underlying zoning; providing-for severability; ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/5 REMARKS: John -1 h Fletcher - to discuss and seek City action on the University of Miami's proposed dormitories on Red Road. A presentation by the University of Miami in regards to the campus area development district. You are hereby advised that decision with respect to any or hearing, such .p.erson will o.f the proceedings is made, and evidence upon which the if any person desires to-appeal any matter considered at this meeting need to ensure that, a'- verbatim 'record which record includes the testimony appeal is based. c. "a OFFICIAL AGENDA CITY OF SOUTH- MIAMi ;6130 Sunset Drive REGULAR CITY -'COMMI-SSION MEETING 7:30 'p.m October.15,.1991 A. B. C. D. Next. Resolution: Next Ordinance: ••••.�olull rlce�lib• 11 /J /yl Invocation Fledge of Allegiance to the Flag: of the United States of America Presentation s Items for Commission Consideration: 1.. Approval of Minutes of 10/1/91 2. City Manager's Report City Attorney's Report - Report Regular City Commission meeting by Special Counsel, G. Borgognoni 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- 3.3(D) of the Land Development Code of the City of South Miami, Florida to permi automobile parking structure as a special use -in RO Districts;t amending Section 20 -3.4 of the Code to add a new Section (15) setting forth the special use conditions for automobile parking structures in RO Districts; providing for severabilit for ordinances in conflict; and y� providing _ providing an effective date. RESOLUTIONS FOR PUBLIC HEARING: (Mayor McCann) 4/5 5. A Resolution of the Mayor and City Commission of the City 9/ South Miami, Florida, granting a request by Stanley Toledo, from the Planning Board of the City of South Miami for variance from Section 20 -4.2 (C) (1) of the Land Development Code to waive side - waTlks, curbs, gutters, paving, and drainage for the ro as 6314 SW 49th Street, South Miami, FL 33143, and legallyty known described hereinbelow. (Planning Board /Adm.) 4/5 6. A Resolution of the Mayor and-City Commission of the City of South Miami, Florida, granting a request-by the School Board �of Dade County, Florida from the Planning Board of the City of lSouth Miami, for three variances from Sec. 20 -3.5 / ,Land Development Code to allow a Zero (0) feet reare setback f the a proposed addition; to"allow a Building o for percent (38 %); tc- ,allow an impervious coverage seventy-six eight percent (761) anc'-one variance from Section 2 Y-of Land Development Code to require no additional - par B (1spaces the where twenty six (2.6) parking spaces are required rfor gasropo addition for th.e property known as 6750 SW 60 Street, South Miami, FL 33143 ( a,�- Public Facility, specifically South Miami Middle School.) and legally described hereinbelow. (Planning Board/Adm.') 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the Cit of , y South Miami, Florida, authorizing the City Manager to execute a contract with Robert K. Swarthout, Incorporated, for preparation of a Concurr.ency Management System .for a maximum expenditure of $9,500.00; charging the disbursement to Building /Zoning Department Account'No. 1610 -3110 "Planning Consultant." IDS u (Administ ation) 8•' A Resolution of the Mayor and City,Commissi n of the Ci,ty South Miami, Florida, instructing the C -ity. Administration not to remove two parking spaces and- meters from the Southwest. corner of.SW 40 Str And'S.W. 57 Avenue in compliance with the State Department*of eet Tran.sportai on's.- Request. t-Mayor) 3/5 OFFICIAL AGENDA October 15, 1991 page 2 . RESOLUTIONS: 4 _Q j .9.., .. A.. Resol uti-on of the". Mayor and City, Commission -of the City of South Mi'ami,"Florida, authorizing the.purchase of Computer Equipment as set forth herein below upon. the basis that there is one source of supply; authorizing the expenditure of .$2,306.60 to_�ecade Computer Services. Inc., for this equipment; charging the gisbursement to account No.. 09 -1910 -6430 "Equipment- Operating." Administration.) 3/5 .10.. •A Resolution of he Mayor and City Commission of the City of South Miami, Florida, authorizing. the purchase of Codification Services form Municipal Code Corporation for a total price no to exceed $1,157.51 by the Clerk's *Office•and providing for disbursement from account number'1200 -4950 "Codifications. (City Attorney) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of glass, glass frami.ng,:doors, and -casement.and high fix windows for South Miami City Hall for a total price not to exceed $31,045.00 by "O Public Works Department and providing for disbursement from account number 1710 -4660 "Maintenance and repairs of City Hall." I jp_q1_ q I q j, (Administration) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager into a two year extension of the lease of the premises commonly known as the South Miami Fire Station to Metropolitan Dade County. (Administration) 4/5 ORDINANCES - FIRST READING. ;r 13. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida, to permit Mobile Food Vendors in RM -18 Zoning Districts; providing for terms and conditions; providing for severability and an effective date. (Commissioner Launcelott) 4/5 14. An-Ordinance amending the Land Development Code of the City of South Miami, Flor'ida,•by deleting the existing section 20 -5.3 and enacting a new section 20 -5.3 thus permitting concurrent zoning changes to planned unit developments and underlying zoning; providing for severability; ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/5 REM ARKS : �q John Fletcher - to discuss and seek City action on the University of Miami's proposed dormitories on Red Road. A presentation by the University of Miami in regards to the campus area development district. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will. need to ensure that, a'- verbatim 'record of- the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-4.4 OF THE THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING A NEW SECTION 20 -3.4 (B) (21); BOTH TO PROVIDE FOR TEMPORARY OFF —SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. Wu�c��pe the ri+-,, of Sout�; Miam; Florida has h-retc,Fcre enacted a Land Development Code, which in Section 20 -4.4 provides for off -site parking spaces, provided the spaces are either on land held in common ownership "or held under a lease with a remaining term of twenty (20) years or more "; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for temporary off -site parking spaces under a less restrictive lease term; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -4.4 F (2) (c) of the band Development Code be, and the same is, hereby amended to add the following final sentence: The foregoing notwithstanding, off -site parking spaces may be held under a lease with a remaining term of less than twenty (20) years under the special conditions set forth in section 20 -3.4 (B) 21. Section 2. Section 20 -3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following new sub - section 21; (21) TEMPORARY OFF -SITE PARKING Off --site parking held under a lease term of at least one year may be utilized under the following special conditions: (a) The use must be for a minimum remaining lease term of one year and must be initially approved by the City Commission as being within the health, safety, and public welfare. (b) One utilizing temporary off -site parking under this section must schedule and appear before the Commission one year from the date of the initial approval of the use to obtain Commission approval for } condition of the use. The applicant must show it has either a new lease or a remaining lease, in either case for a one year minimum, and that the use remains in the health, safety, and public interest. Otherwise, approval is automatically null and void. Section 3. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Ix RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS PURSUANT TO SEC. 20 -4.4 (H) OF THE LAND DEVELOPMENT CODS; TO REDUCE OFF - STREET PARKING UP TO FIFTY (50) PERCENT FOR AN EXISTING STRUCTURE LOCATED WITHIN 500 FEET OF THE SOUTH MIAMI: METRORAIL STATION BY ALBERTO ARAUJO, ALF -TDA ARAUJO, ALBERTO ARAUJO JR., ROBERT N. 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 PROr,RESS ROAD, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Alberto Arauio, Aleida Arauio, Alberto Arauio Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawley requested the Planning Board of the City of South Miami sec. 20 -4.4 (H) of the Land Development Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metrorail Station, said request for the property }mown as 5786 Progress Road, South Miami, Florida 33143, which property is legally described as follows: Lots 56 through 59 inclusive, Block 9 of REALTY SECURITIES CORPORATION'S TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida; and WHEREAS, on June 11, 1991, the Planning Board voted to approve the request by a 6 - 0 vote; 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 Alberto Arauio, Aleida Arauio, A1bAr.to Arauio Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawley pursuant to Sec. 20 -4.4 (H) of the Land Development Code to reduce off- street parking up to fifty (50) percent for an existing structure located within 500 feet of Uhe South Miami MetruraSl Station, said request- for the property known as 5786 Pzuyress Road, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of July, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY S" 0 N u 1 5! _ V 57' . •� •r¢ ✓'- y yt '� � �� . __ a s. �• J .s Ebil 10 0-f Ld !� �j 6S �• ae 4a 2• ,5 Q �T "OW.NS! i E OF . 1 %.1 1 : Wtir• MA(LiNV RRE^ APPLICANT: A P. AUSO } S-rx lc* LAtio OWNER: 130AJJ , STMlcr -L *jm-+ ?AWLESd MAP REFERENCE: 5770 4-5786 F r lrY NTS : Cb% FKG F-SD � CT! O PJ 5rScw#AL USE ?Ejz M iT- of MUT9 MIAMI o%a PLANNING BOARD Compass Sca le As skow�i Date.'.Q':q,l.. Drn . WA% . Chk ..... Hearing No.-117 AFIM� City of SOurh Miami L mi �- ' 6130 Sunset Drive. South Miami. Fiorida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD ?roperty Owner: ROBERT STRICKLAND , I Signature: `f ,� 'Cl SARTD AVE., C ri �t���Y�,` -� address: oral Gables. ,. I ` c ---�_- _ ; , Phone Number: 448 -8961 -represented Bv: ALEIDA AND /OR ALBERTO ARAUJO _ Organization: COLORIN AUTO TECH INC. ,cldress : 5786 PROGRESS — ROAD. SOUTH MIAMI (ar000sed locI at ion D one : .4j2 -1468 architect: I� Phone: i .ngineer: FERNANDO R. GOMEZ PINA I I Phone: 261 -5969 ;wner Option to purchase x Contract to :f applicant is not owner is letter Purchase _ Copy attached? of authority from owner attached? i -es � LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION 56- 57 -58 -59 15770) ot(s) 52-55-54-55 (5786) Block ° Subdivision TOWNSIDE OF LARKINS pB 2 _ 105 et:es and Bounds: = I� 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: FARWIC, FEDUC7-10AI SUBMITTED MATERIALS __/Letter of intent Hardship statement Reasons for change Proof of ownership Power of attorney Y Contract to purchase Current survey Site plan (7 copies) Required fee(s) 'he undersigned has read this completed application and represents the _reformation and all submitted materials furnished are true and correct :o -the best of the applicant's knowledge and belief. 5 -24 -91 )ate emu. Apptic 's Signature and title oon receipt, applications and all submitted materials will be reviewed for Dmpliance with City Codes and other applicable regulations. Fund not in compliance will be r Applications ejected and returned to the applicant. :FFICE USE ONLY :/ DATE FILED CCE!PTEDI REJECTED I ATE P HEARING COMMISSION PETITION REQUIRED .DV DEADLINE / O / OTHER INFO PETITION i TITION ACCE. v TED _ / 1 �s 1 May 24th, 1991 City of South Miami Attn: Plannina Board Members 6130 Sunset Drive South Miami, Florida 33143 Re: 50% reduction of required parking spaces at properties located on 5786 and 5770 Progress Road Dear Planning Board Members: At the present time we are in the process of leasing with option to buy the above mentioned proper- ties for the purpose of opening an auto repair shop. We have not yet been able to close this tran- saction due to the existing parking problem. As soon as this problem is solved we will close the pending transaction and will submit proof of ownership on both properties. During our negotiations with the City of South Miami it was brought to our attention that under Sec- tion 20 -4, 4 those properties would fall within the 500 feet limit of the Metrorail station and would therefore require 50 percent less parking. We therefore are gratefully requesting the application and approval of this parking reduction for the purpose of finalizing this transaction, but most important because it is a fact that there is no need of so many parking spaces as presently requested. At the present time we have contacted most of the employees that will be working at the shop, most of them expressod cxitc=7t abcst t`^ f ^-L `n; :tie to use the metrorail service as a method of trans- portation and being able to avoid the heavy U.S.1, Sunset Drive, 57th Ave., etc. traffic. Since it is a fact that an automobile is a necessity to all our customers, we schedule our work pro- perly for the purpose of delivering our cars as soon as possible. Once our customers deliver their car to our shop it is placed inside the shop and will remain there until we are finished. Throughout our 29 years of business experience we have established a very good reputation with our clien- tele. We deal mainly with expensive european and domestic cars and cannot afford to leave these cars "at risk" in an uncontrolable environment such as a parking lot. In the event that a car has been involved in a major accident, such car might be parked at the shop a few days prior to the scheduled repair time but with the 50% required parking spaces we will have more than enough parking area for a situation like this. Never the less if at any time business is doing,so good that we have a lot of cars that cannot be driven, we will leave the car at the towing service fa- cilities and will bring the car to the shop according to the working schedule. Once a car is finished, we pre— arrange the pick up with our customers. Experience has shown us that there is never a problem for a customer to pick up his or her method of transportation. Also please be aware of the fact that 99% of the sorrounding businesses are automotive repair shops. Most of those businesses are operating with not even 50% of the required parking space. It is a fact that the buldings in question are among the few who can handle an adecuate parking space for an auto- motive repair shop. If you need more information regarding this matter, please feel free to contact us. Thanking you in advance for your help and cooperation regarding this important matter, we remain, Respectfully yours, C 'n" Auto I ch nc. Albert Ar President cc: Robert Strickland Sonia Lama leida Araujo Secretary t May 24th, 1991 Mr. Bert Perez Metro -Dade Transit Agency P.O. Box 010791 Miami, Florida 33101 Re: Permit request for the use of parking spaces at the South Miami Metrorail Station Dear Mr. Perez: As it was explained to you yesterday, we are in the process of leasing with option to buy the property located at 5786 and 5770 Progress Road, South Miami, owned by Mr. Robert Strickland. For months we have been looking in the Coral Gables and South Miami areas for property suitable for.our. business. These are the areas necessary for our operation. We had no luck due to the fact that the industrial areas of both cities are limited. Finally we found Mr. Strickland's property and the property next to his. Both pro- vide the necessary space and the location is the best for our operation. The fact that the properties are within 500 s/f from the Metrorail is an asset to us. Thru the-process of the closing of the deal we were faced with the difficulty that the City of South Miami-cannot issue us the C.O. due to the fact that Mr. Strickland's property.does not comply with the required parking spaces. ter. Strickland informed us he was in the process of solving the problem and gave us an explanation-of the situation, end results, we decided to go directly to City Hall and find out for ourselves. This ordeal has been going on for approximately. 60 days. During all that time we have been loosing money, purchased equipment is on hold, not to mention that it is affecting our personal financial security. At the present time we have achieved the following: - Full cooperation from the. mm bens of the City of South Miami including the Mayor, Mrs. Cathy McCann, as long as we canply with the city requirements. - Mr..Strickland's,acceptance of providing..at his own expense the required parking spaces and his power of attorney in order to allow us to freely negotiate with all offices and members involved. - P.cceAtance f -roan Ms. Sonia Lama, Building and Zoning Director, for the construction of a ramp to give access to acceptable parking space on top of the building. Cons - tructicn cmPL.es• with all building codes and all.we need is to-go thru the final steps with the BhvirnmP.ntal Review and Preservation Board for -the .construction of the ramp and "cosmetic" requirements. (copy of projection at your office) - Also we are in the process of requesting from the City of South Miami Planning Board the 50% reduction of the required parking spaces due to the fact the building is located within 500 feet of the South Mimi Metrorail Station. Due to all of the above mentioned facts, we hereby request approval of the 16 extra parking spaces required at this time in .order to get imrTediate C.O. Those spaces only be provided by the South Miami Metrorai.l Garage. Mr. Bert Perez rage 2 Of 2 If the South Miami Planning Board approves 50% of tt,.e required parking spaces, we can cancel at least 8 of the required 16 spaces. For your Liformation, we hereby confirm that ::e only need the requested spaces as a formality to co=ly with the City of South' P•iiami requirements. .ie will ccnrnrosnise ourselves that those spaces are not goina to be used. IV-,e cannot take customer's cars to any other location but ours, besides that we do not need for our operation so many spaces. This is known by all parties involve and we all agreed to let you : -mow in order for you. to understand the situation and the reason for the spaces. :•:e will esmly with the required insurance certificate and any other required docu- ment. Please be . aware that our requirement reirent is for a maximum or 12 month in order to be able to. finaIized all documentations and construction of the ramp and parking space. We are ' in all honesty at your mercy. Without your approval ' all efforts, work, coo- peration from the South Miami City Hall mfrs and ourselves will be lost as well as all the money involved . P7e Win ind ourselves with naked hands as well as we will continue without a job and will be un -able to provide jobs to approximately 13 to 17 employees who most of them are not working now and are looking forward for the opening of the body shop. Also please be informed that Mr. Strickland c=nrcmised with us to pa_y for any payment due from his previous agreement with your office, which we found out he never performed. if necessary we are willing and able to cornet with Mr. Frank Talled and/or Mr. joaauin Avino. If you need more information please feel free to contact us or to call Ms. Sonia Lama who is very well'fami.liar with this problem. Due. to the urgency of our situation we will appreciate your prompt cooperation regar- =a this important matter. Thanking you in advance for any consideration given to this matter and looking fo_''ward to hear from you soon, we remain, Sincerely yours, ?Aber o Araujo cc: lSoypr Cathy n N3cCarui Robert Strickland J Aleida ;�rauio r v i! SW ' ! P. z . i- --. 1�! j! t 5119 1 . Op 1 Yt n Q v d) j• _ J is SI .,r •� ..r,_.. '� � ` Q s•' 7� � -- 1� c0 I \ Vow — h GZ t t ! ]] c! 7 40 iTe r. b�• L'S 1 r. t mom jc �- jS ti Q'1'9 ,v 0 J �i 1r. ti ` y� I I a �,pt G f 1 ,faA f ri AA 29 —2-7_ r0 � I1 - r E • - I ra 1 )t P 1 I ho FL 51 Ca✓•, 7 e NL Co�nr� � I N.W L R/W LINE T N. PROGRESS ROAD 18' PVMT O Found 00.1 nail �� O 0 flo � f r ,o o 0 1 13 7 �W)I cI I of t �i 12 'I aiii j 16. 0' , Clear 0.40 I I I I I W) to N Nail Q Disc CONCRETE 9 t PARKING AREA s 1 1 OI s I —, 7 p! I 10 7 ( M _• N! o 10 II 99.32' ONE STORY CBS, COMMERCIAL BUILDING 5780- 84 -88 -92 ° Clear Q33 , 99.35' 1wi iron pipe 1/2" F.E.C.R.R. RIGHTS OF WAY PER p82 -105 SITE PLAN S��00 oo. 00 n m ,z 0 J .m m U o� in 1 Found. iron pipe 1/2„ S TAF F REPORT PB -91 -018 June 7, 1990 Applicant: Alberto & Aleida Araujo, Robert & Sharon Strickland, Edward & Clara Pawley III, and Mary E Boan Request: To reduce the number of required off - street parking spaces up to fifty (50) percent for two existing structures located within five hundred (500) feet of the South Miami Metrorail Station. Section 20- 4.4 (H) of the City of South Miami Land Development Code. Address: 5786 Progress Road & 5770 Progress Road ANALYSIS The applicant constructed a warehouse facility which he now wishes to use for automobile repair services. Such use requires additional parking per the Land Development Code. The applicant wishes to reduce the required number of parking spaces required, as per Section 20- 4.4(H) of the Land Development Code. RECOMMENDATION The request complies with Section 20- 4.4(H) of the adopted Land Development Code of the City of South Miami. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS PURSUANT TO SEC. 20 -4.4 (H) OF THE LAND DEVELOPMENT CODE TO REDUCE OFF- STREET PARKING UP TO FIFTY (50) PERCENT FOR AN EXISTING STRUCTURE LOCATED WITHIN 500 FEET OF THE SOUTH MIAMI METRORAIL STATION BY ALBERTO ARAUJO, ALEIDA ARAUJO, ALBERTO ARAUJO JR., ROBERT N. 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 5770 PROGRESS ROAD, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Alberto Araujo, Aleida Araujo, Alberto Araujo Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawley requested the Planning Board of the City of South Miami sec. 20 -4.4 (H) of the Land Development Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metrorail Station, said request for the property known as 5770 Progress Road, South Miami, Florida 33143, which property is legally described as follows: Lots 56 through 59 inclusive, Block 9 of REALTY SECURITIES CORPORATION'S TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida; and WHEREAS, on September 11, 1991, the Planning Board voted to approve the request by a 5 - 0 vote, conditioned upon no further increase in the square footage of the buildings thereupon and that additional parking be leased; NOW, THEREFORE, BE IT RESOLVED HY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Alberto Araujo, Aleida Araujo, Alberto Araujo Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawley pursuant to Sec. 20 -4.4 (N) of the Land Development Code Lu reduce off- street parking up to fifty (50) percent for an existing structure PASSED AND ADOPTED this th day of September, 1991, ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY K APPROVED: MAYOR s77o 'ro j ro� LI c unc �a c c �c l01, W LJ A= �- -, c 329 i ~'�8S - - _ �A S SaS� 00'0^S:ZSin 0 w 100. 00' `— CdO '.c. 3294 J AsOhal; D ^iveHay o c c J 1 1 29. iD' � Y 1 . 25` •/ f 9.21' 24.W CCI St w Ln T r OI = Lo - - — 10 1 O OI En o _ T fJ1 p CD Ir C7'1 I O C) ! o m = Ln '� _ o O o :r, (]. io aka < t9 o CJl '*1 S IO I CD �' —• c . VI ru _ C v \ • a j r! o \ n c caD '.0.3264 3 Chain 'ounc la ;ink Pence Encroaches �a3pnalt 2. 0' eoge+e'1crodcne5 0.ao- .ago <o \ E' \60\ ice' 4 ell `C _ • \\ \` the ^4 `ti.. v SW 68th ST .r �t7 LOCATION MAP LEGAL DESCRIPTION► Lots 50 thru 59 inclusive rldCO 9, REALTY SECURITIES CORPORATIONS TOw SITE OF LARKINS. accorc:nq to the Plat thereof as recorded in Florida at page 105 of Chv Public Records ai Dade county, SURVEY FOR► ROBERT STRICKLAND 5770 Progress Road South MiaAi, Floruida I HEREBY CERTIFY: That this "SKETCH OF SURVEY" of the property described hereon is true and Correct tD Cho best of th knowledge belief as recently survaved and orawn under my diraCt Standards survey complies with the Minimum TecnniCal adopted by the Florida State board pursuant to Cha ter of L no Surveyors p 2I HH -e, Flpri + Administrate pd., DELTA SURVEYORS, DE A SUR ORS 12888 SW 53RD STREET MIAMI, FLORIDA Y• Z ,PRES. LDRIDA 33175 wALpO F. PAEZ X05 -22-- -9907 P.L.S. NO. 3284 STATE OF FLORIDA SURVEY NOTES: FLOOD ZONE: x THIS IS A BOUNDARY SURVEY BEARINGS SHOWN REFERS TO AN ASSUMED MERIDIAN THIS SURVEY MATTERS IS SUBJECT `O EASEMENTS. HIGHTS- DF -wAy, AND OTHER LAND. WHICH MIUNT REFLECT IN A SEARCH OF TITLE TO THE SUBJECT REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL Q -0• DENOTES EXISTING ELEVATIONS ELEVATION REFERS TO NATIGNAL GEODETIC VERTICAL DATUM OENCHMARK : SOUTH MIAMI ELEVATION 13.31 LOCATOR INDEX: 4005 F 6.87 —Pi;. 73 DATE: SCALE: 1 DRAWN By: W.F.P. nRawING Nn -���\' `�Ifr�\nl'� �` ] ',•f• � It I,I♦I♦i•'�. \. \J,..� I�� I — i I _ ._•.___. —I •" •/ -+� I C f� ♦„ I.,�� JI y _ 1°. �y�P , .. t.. -. -.t" ; -.�� J 1. ;1 f(` •' r It 1 'CI-- -J ^�:� t:'� I�',v,�l�•,.,d• �� ,1.'?•,1 �, "A1,� '� . - -- =, , I r / I , . ' I 3r.Y�rr��.w ♦, �I 1..,..� 'fit}, -,•-� F —�.r l =?-a I r , J r � ,. I .., „I•f• —'i "t�'.»r•� '�,t � -«�-�! •' '-,f -" ,' "�i- =t—�'. I . •1+_R�t �_ i r..... �.•� r ilrlJ I,ju 5 , �� J� r I ! 7 I I--• -� `` J. I ' ' 1 "rl -..yl Lu ,. -�i , . ^� „1^ `• ;.' �f i .1 ,) n1•-� ! • �rQ1__ ! �� �� ,1 , I _ -.,ICI 1 If 7� .. r.. � w r rI _ - , ` _ '. ,� 1 1 ' ' i. l: C ± —11. �y, I I r � ItL�l- --�7,7 ��CI / Imo... I � �' rrt ~ yli fr ��I ,•� ~• � }I +r j�•.j � I,t .' �t� n ���-1� ='_:� __. .�-1 <�r-� r•f_ 1,,,_••_�I 1 � � it _� .'�"II � t . r •.. i� •+�' (I {��.�'-�„� -; i —i��' 'I�l - t ^_!J;' •' 'tL _ tti-1• -- � !, � 1 ♦ fdf II G.f.O��C� � � � Ic:�JL.�.�111 - ., I.,' f_� t � .i .. "1 .: � ^I r• —� •C I I•.♦C,CI I I ,/ r.. ••.I. r.rv,,w, -. :prwlr /1 0• •l ■M/nS / ��t �o� f I�e I I� + ♦Clyl l.11RtYyt::;jlr �. . �.. �.I rn , I�' / /�_. f � y , . 1 � ��• I t —••11. � �� \\ rw.. r 1 �, LuU�i•oA�t �.trl • � �I � � � � • i .� i • 71-1 I ♦ II ,..C] r 1 1 I I ILA' � f 1 _ • '• ,• I 'f � u vlwJ,rr ! r•.Cr ii l•.n.... rl, II rrf �f f ( � �• Ix ' � / f ! / I !• � I•• /ll,. NlOn\ I I ��wolnS n0 J Ih * ^•tl v/� / /�' --- i � -• •... _ 1 .+ rr'rtrrr � cuolnl ro � Ir . —� � - � l l 'YY i •...L...' �`�r..�.! •- ate'- '.2'._'.+_'�nrr. 1�. .... M�•f•Sttr[ \ � �` ��\�' /' i -� - -e-- -J J • J aryl, r .tr•a I ^ ,....� � ' � � r � ..� .'�L�^,'��i• •' /` y� .y + 77 0 ,;, -i': I +I'- '-�y•i r' I . =.,� '` Y {y0. _ ..n•I nr•'. �r .E:�y r A.•—� •�. 'r,'.. • T ! ^- -�•� l rte.= r'•- -- APPLICANT: H1bE� ftr , l / 1 i ..._. Rcber't' � lG�da Sc n A berto d N a S't �r t�irn� OWNER: W 5 %latrort t. Pr Salm Q. MAP REFERENCE : 5710 Pyjn %,, �d C0AME NT S F i��n 600 o a He7 5-,-6'.--76n MUT9 AIAMI PLANN IMG 50A U �V I I . I I� t,.ar,r 111p. I)4 Ml� � AI I . I, I•I .i rI.I ..i• . ' I • 1 I I I I I � Compass Scale Date-.: .1 I ,1.. Drn ,Chk..... Hearing Noll.021 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST BY JORGE SANCHEZ FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI FOR A VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO PERMIT A SIDE SETBACK. OF 5.85 FEET ON THE EAST SIDE W14ERE A MINIMUM OF 7.5 FEET IS REQUTRED IN AN RS -4 (STNGLE FAMILY) DISTRICT FOR THE PROPERTY KNOWN AS 6330 S.W. 42 STREET, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Jorge Sanchez requested the Planning Board of the City of South Miami for a variance from Sec. 20 -3.5 E of the Land Development Code to permit a side setback of 5.85 feet on the east side where a minimum of 7.5 feet is required in an RS -4 (single family) district, said request for the property known as 6330 S.W. 42 Street, South Miami, Florida 33143, which property is legally described as follows: Lot 5, less the West 39 feet, and the West 45 Feet of Lot 4, Block 6, Bird Road Estates, acnnrM i no t-n the Flat thereof, as recordcd in Plat Book 19 at page 76 of the Public Records of Dade County, Florida; and WHEREAS, Staff recommended against the Request as it is a variance frnm the Cade proviaions3; and WHEREAS, nn August 27, 1991, the Planning Doard voted to approve the Request by a 4 - 3 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the Request of Jorge Sanchez from the Planning Board of City of South Miami, Florida, for a variance from Sec. 20 -3.5 E of the i.and Development Code to permit a side setback of 5.85 feet on the east side where a minimum of 7.5 feet is required in an RS -4 ( single family) district, said request for the property known as 6330 S.W. 42 Street, South Miami, Florida 33143, be, and the same hereby is, approved. 7 PASSED AND ADOPTED this th day of October, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 7 APPROVED: MAYOR 2 .Dodgy ounfy� - 81 R D SW �u�aaq _-- �!-- EWES0 . s 70� � � � r , r I• � s a l — a air • I � � Q 9 U u ISIIV „ !d .� fd I/ tt � ) d • ,o 1a to io !c I _ ��QOO�i•��0 ©0 � IIllldl lS�l�'I)Illllflta 121172!2 �J) h ME Iffing ' L'!T De Couv r y CORAL � LAKE /� 1111\ SS Jl l l� It l l l !J li /3 IlI .. 0:117 !l. •T la .• . A bl7 S S t' ti SYY o 42 ^j J y 7 J 91• •! /2. s• I4-4 S i F' E E 1 I / J HAiciNG Age7A APPLICANT: �oR�E SANCNEZ OWNER: MAP REFERENCE: &/ ✓✓0 5 W 1(,Z STP—E,ET CO3%MNTS : VAZIANCF- fotz DoE Sera Nc k -(b Atttcvr S 85' wHE;rE. 75' is nequi2Ev CITY oa MUTN MIAMI PLAW141MG 50M Compass Scale. !f 56WA Date.a l tHV... Drn ...... Chkk,.rQ.. /.��}C Hear ina mn 14! _'_� 1M.• �u�aaq ©ow EWES0 h ME Iffing ' L'!T De Couv r y CORAL � LAKE /� 1111\ SS Jl l l� It l l l !J li /3 IlI .. 0:117 !l. •T la .• . A bl7 S S t' ti SYY o 42 ^j J y 7 J 91• •! /2. s• I4-4 S i F' E E 1 I / J HAiciNG Age7A APPLICANT: �oR�E SANCNEZ OWNER: MAP REFERENCE: &/ ✓✓0 5 W 1(,Z STP—E,ET CO3%MNTS : VAZIANCF- fotz DoE Sera Nc k -(b Atttcvr S 85' wHE;rE. 75' is nequi2Ev CITY oa MUTN MIAMI PLAW141MG 50M Compass Scale. !f 56WA Date.a l tHV... Drn ...... Chkk,.rQ.. /.��}C Hear ina mn 14! _'_� 1M.• S TAF F REPORT PB -90 -025 August 23, 1991 Applicant: Jorge Sanchez Request: Variance from Section 20 -3.5E of the Land Development Code to permit a side setback of 5.85 feet on the east side only where a setback of 7.5 feet is required. Legal: Lot 5, less the west 39 feet, and the west 45 feet of Lot 4, Block 6 of BIRD ROAD ESTATES, according to the plat thereof, as recorded in Plat Book 19, at Page 76, of the Public Records of Dade County, Florida. Location: 6330 S.W. 42 Street, South Miami, Florida 33143 (A residential property) ANALYSIS The applicant wishes to enclose an existing carport that is located within the required side yard setback. A. variance is required in order to permit any new construction in any setback. N-weievam • s • Staff does not recommend approval. IZr CLCI' TYP/C�, L Z. IA LL Sc CT/41U �%Ec; ,eicAL Nb7 —,Es l� CONNECT ,'•1ELUELEC:,c /CAL. C /,�,!';J /i'<' %O SPFr,eF �' ; .rV ' EX157XA� P,,7.'YEL ,2i RECEPTFi G Lc /N BATH is /LST BE 7'0'A /VON- SuJ /7-C,c1Aal_E Cl�eC:/ /T ONLY 1 I It .t I; F /NiSN FL,2 � _fir U''r.c" E f�/ESf/ �— ,'I %'-�1 ctr�.�.,i} ;.•r' TYP/C�, L Z. IA LL Sc CT/41U �%Ec; ,eicAL Nb7 —,Es l� CONNECT ,'•1ELUELEC:,c /CAL. C /,�,!';J /i'<' %O SPFr,eF �' ; .rV ' EX157XA� P,,7.'YEL ,2i RECEPTFi G Lc /N BATH is /LST BE 7'0'A /VON- SuJ /7-C,c1Aal_E Cl�eC:/ /T ONLY 1 \ \ TZ -�Z N Al. X15'" ,� �.,�n �•� - : �_� � r�• � k E lU i ' S% ✓il/(rPN %- 24 AVJ/ �V =VS. NEW 2 -8 • iii --�_� � . , i I ` Ex�s cav': ' =TEp 9- i FL 00 z4 A -.UI. fA PZ 0 7- KCAL,- 2LI 07- 9 /-o /77 r -72 vi 3-51 Q NC - Z,'6a--M,5 , I - 15 E A PZ 0 7- KCAL,- 2LI 07- 9 /-o /77 r CORALIGABLES, FLA. 33134 04 THOMAS -J. KELLY, INC. SURVEY N0. !b-2 ....... LAND SURVEYOR c4cr— I r+r I SURVEY OF LOT FJ LEA -nA f, WEST 39 Fes'[ A"11— NW-1 AS FEF'C ag Lr1C 4• BLOCK c-- SUBDIVISION F31 ED DAD TAM —e ACCORDING TO THE PLAT THEREOF AS R=R00 IN PLAT BOOK No. I AT PAGE No. Z9- PUBLIC RECORDS OF (ODE COUNTY, FLORIDA. DATE: J I-2 -1-92 FOR. LOCATION SKETCH SCALE: 1 "■ 2Q0' 5330 S. J. 42nd Street MIami, Florida :%JS5r FLOOD ZONE: X THIS TS A FLOOD IIAZ ARD ZONE l XX %US - IS NOT A FLOOD IMAM ZONE l COMRSUNITY PANEL NO.: 125098 I� PANEL NO,: 0190 SUFFIX: F -�-- d1�,�o — -" DATE OF FIRM: 11/9/87 �•�. 42 s2z . BASE FLOOD ELEV : n a i / LOWEST FLOOR ELEV.: n/a HIGHEST ADJ. GRADE.: n/a o 4eJo nvg CIL ;...�. rouuD / D.. I ��PiP ob 1.• AM o 0 0 I V 0 m 1S(4e_ abs' Q r 0 35.10 ' la L v 10.0 C Pf9! n o.lo u.. 1,a,3o �, � + , •+� 36.15 f t 9,90 4o cU. �, •q 1f3 0� 3.5',� ►' rii 2 0 Wit. 4-�►�Ep bj ctisccc.�, of 5 in W � �.10'cc... C� � Q.� !•L� • � Q %UIJD Ina fs"cG I:rfP) B 1 hereby certif y that this sketch of survey of the above described property Is " and correct to the Wet of my knowledge and i{ef as survwq and plotted under my direction. l What oertlfy that 1Ms survey most the minimum requirements adopted by b f Pr essbnal Land Surveyors and the Flaido Land Title Association and also CM 21 M1+8 F.A. code There no ,sseopt as shown. Hoar. 1. If shown,bearings are to on assumed meridian (by plot) (( DAT F FIELD WORK 2. If shown,slwaflons are referred N.O.V. Datum 1929 oteee cool Lord Surriyor 4`�ga ) 3. This Is a load survey. Closure above 1 :7500 Stale of Florida /� (Not A0d UNess • Imprinted VAth An Embossed Surovyai Soul) SCALE 1 '■ 20' r Irk , a ' Jorge Sanchez 6330 S.W. 42nd Street Miami, FL. 33155 July 30, 1991 City Commission To Whom it may concern: Please be advise this is my Hardship letter required by City of South Miami Dept. of Building and Zoning. According to the records there is only 5.85 feets from my carport to the property line,the city requires'71 /2 feets. I bought this house eight months ago the carport was already built. My only project at this time is to enclose the carport for an additional bedroom and bathroom for my daughter. I am asking you to please allow me to enclose the carport since there is an existing roof and floor, the project would just be to enclose it without having to bring it down. My neighbor does not object to it. Your careful consideration on this matter will be greatly appreciated. Sincerely, Jorgg Sanchez JS /st if City of South Miami - 6130 Sunset Dnve. South Miami. Fionda 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING Property Owner: JORGE SANCHEZ II Signature: (Address: 6330 S.W. 42nd Street �- Phone Number: 663 -0786 (Represented By: JORGE SANCHEZ I - - Organization: (Address: SAME AS ABOVE Phone: Architect: Phone: Engineer: Phone: Owner __�L Option to purchase _ If applicant is not owner, Contract to purchase _ Copy attached? is letter of authorit ! y from owner attached? II LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION I; Lot(s) - Block 6 i Subdivision Bird Road Estates pg 19 - 76 II Metes and Bounds: APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance FOR Use Rezoning Text Amendment to LDC _ Home Occupational License PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: — Letter of intent _Y Proof of ownership X Current survey SUBMITTED MATERIALS V Hardship statement Power of attorney Reasons for change Contract to purchase Site plan (7 copies) x Required fee(s) The undersigned has read this completed a information and all submitted materials fu application and represents the to the best of the applicant's hed are true and correct knowl e d belief. Date Applica 's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with compliance Codes pr regulations. Applications foundnotinill be rejected and returned to he applicant. OFFICE USE ONLY ; DATE FILED ACCEPTED REJECTED DATE PB HEARING COMMISSION ---_ PETITION REQUIRED ADVERT DEADLINE ------ OTHER INFO - -� PETITION ACCEPTED Ms. Gonzalez said that the added portion behind the carport would not need a variance if it were designed differently. Ms. Thorner is concerned that the neighbor who is directly affected by this addition is not present to express an opinion. Mr. Eisenhart said that the variance application sign has been posted in front of the house for 10 days so, if the neighbor was opposed, he could be present tonight. (Mr. Lefley arrived.) Mr. Gutierrez said that, in the past, he has approached a request such as this asking how it will affect the neighborhood and the City as a whole. He cannot see where this one will have adverse effects on sewage, streets, traffic, etc. His only concern is that the neighbors may not understand the impact of the granting of a variance and it may set a precedent for future requests in the same area. There being no additional discussion, the Chair entertained a motion. Mr. Eisenhart made a motion to approve for a variance. Seconded by Mr. Gutierrez. Vote: Approved: 4 Opposed: 3 ( Lefley) (Thorner) (Ligammare) The Public Hearing was closed at this point. However, at the request of some Board members, Chairman Ligammare allowed further discussion. Ms. Gonzalez, wanting additional information, asked the applicant if they are given approval to enclose the carport, do they intend to keep the existing roof or will that change as well? Mrs. Sanchez stated that the existing roof would remain as is instead of expanding anywhere else. Mr. Gutierrez said that the second paragraph of their letter to the City asks that they be given approval to enclose the existing carport with its roof. However, he noted that, according to the plan submitted, there is new construction, a complete addition to the carport, intended to be a bathroom. Chairman Ligammare asked if there is any one present to speak for or against this request. There being none on either side, the Public Hearing was declared closed and the Board to be in Executive Session. Staff report was requested. Mr. Mackey stated that Staff recommends denial. Mr. Gutierrez noted that the setback on the opposite side of the house from the carport is smaller than that on the carport side and asked if that is standard in that particular subdivision. Mr. Mackey stated that it may or may not be standard but from previous hearings regarding this area, he understands that the zoning code previously allowed a 5' setback. There was another application in this area and the same discussion took place at that time. Mr. Eisenhart stated his belief that the survey must be more correct than 11- 27 -90. Mr. Mackey said that this Board has not set a standard for a current survey. The ERPB requires a survey to be 3 years or newer. Mr. Eisenhart said that he has no problem with the small addition since the floor is already existing.and the carport is in the setback already. Within reason, a property owner should have leeway to do with his property what he likes. He supports the request. Mr. Ligammare feels that they took a chance when they bought the property without looking into the requirements for the expansion they intended when they made that purchase. The hardship is self imposed. Mr. Parr said that there might be more acceptance if there was not newly added construction included. Adding more is somewhat excessive. PB Minutes 08-27-91 K Applicant: Jorge Sanchez Request: Variance from Section 20 -3.5E of the Land Development Code to permit a side setback of 5.85 feet on the east side only where a setback of 7.5 feet is required. Legal: Lot 5, less the west 39 feet, and the west 45 feet of Lot 4, Block 6 of BIRD ROAD ESTATES, according to the plat thereof, as recorded in Plat Book 19, at Page 76, of the Public Records of Dade County, Florida. Location: 6330 S.W. 42 Street, South Miami, Florida 33143 (A residential property) Ms. Gonzalez read the request. Mr. & Mrs. Sanchez signed in. Mrs. Sanchez translated for Mr. Sanchez, who speaks only Spanish. This house, with carport, was built in 1947 with a permit. Mr. Ligammare asked the applicants if, when they purchased the house several months ago, did they do so with the idea of expanding without checking to see if it would be permitted? Mrs. Sanchez said that they did buy the house with the intent of expanding the carport into a room and were not aware that they could not do so without a permit from the City. Mr. Parr noted that one neighbor had stated no objection to the expansion but he would like to know if other neighbors would have any comments or objections. Mr. Parr said that, in looking at the matter, almost any one buying property should be aware of what he may be getting into, and by virtue of the fact that the structure is existing in a set -back, this does not necessarily allow for addition or expansion since there is building already there. Mr. Parr feels that more attention must be paid to request to build in set - backs. PB Minutes 08 -27 -91 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST BY MARGARITA SANTANDER FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI FORA VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO PERMIT 33% BUILDINC COVERAGE WHERE A MAXIMUM OF 30% IS PERMITTED IN AN RS -4 (SINGLE FAMILY) DISTRICT FOR THE PROPERTY KNOWN AS 6135 S.W. 42 STREET, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Margarita Santander requested the Planning Hoard of the City of South Miami for a variance from Sec. 20 -3.5 E of the Land Development Code to permit 33% building coverage where a maximum of 30% is permitted in an RS -4 (single family) district, said request for the property known as 6135 S.W. 42 Street, South Miami, Florida 33143, which property is legally described as follows: Lot 6, Block 21 McKeever Terrace according to the plat thereof, as recorded in Plat Book 9 at Page 49 of the Public Records of Dade County, Florida; and WHEREAS, Staff recommended against the Request as it is a variance from the Code provisions; and WHEREAS, on September 11, 1991, the Planning Board voted to approve the request by a 4 - 1 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: section 1,,_ That the Planning Board of City of from ,Sec. 20 -3.5 E of the building coverage where a (single family) district, 6135 S.W. 42 Street, Soutl hereby is, approved. C] 0 Re.S umst: of Margarita Santander from the South Miami, Florida, for a variance Land Development Codc to permit 33% maximum of 30% is permitted in an RS -4 said request for the property known as z Miami, Florida 33143, be, and the same PASSED AND ADOPTED this th day of October, 1991, ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2 J II I� II I F— r i Da/♦ unf —J L k k L ] M C•MK it I � 1 Irn I n0 K I w.e � J InfAl in.. . 232• ,22 « , ! l 1 ' I • I ♦ / I « i-• 1 I • /) I w y r rf N M N ` f. y u.fur„ 7 V ' / r ' JN I I'� , f _ rw 1 A .s 1 ;N I♦ �OCOOQg00Q0 I� :::l Bull aooao 0000s00000mo Qapp]w�w� wars maw w�auw D aO�J� 001�� Id 0d d er a Ono ao�Q� =&No idw ir Lfc—D eLuc II •�. F! IS r /1 1I n NN r Li I O ID C Arlr .E� , - KKOAD sw - - -+r --- st• ----r LL, / /a/ •65) 4 yist0 Z SW S(. �r )LTMORE i 9 r a � � a i sw DI /I fir 1! a2' 1 r11cr Ar Or r 3 1:2 F'T3 tt, x.17 41 i } !:3 I• Q ! • ! C - D L / I I J• � f r . /I • f a aaHa� eea��e i APPLICANT: Marsar� OWNER: 4b MAP REFERENCE: %13Fj SW atz %Eki4 COMMENTS: ^N 4Y oG SOUTN MIAMI #-,, PLANNING 50APD I --it O[ O[ Od Q " I " ICI -1 J1 U }I x 10 Ikl • I f? Compass Scale : � ; .5.' :: Date . t I Drn :Sq.. Chk .... . Hearing No -91.027 I� :::l Bull aooao 0000s00000mo Qapp]w�w� wars maw w�auw D aO�J� 001�� Id 0d d er a Ono ao�Q� =&No idw ir Lfc—D eLuc II •�. F! IS r /1 1I n NN r Li I O ID C Arlr .E� , - KKOAD sw - - -+r --- st• ----r LL, / /a/ •65) 4 yist0 Z SW S(. �r )LTMORE i 9 r a � � a i sw DI /I fir 1! a2' 1 r11cr Ar Or r 3 1:2 F'T3 tt, x.17 41 i } !:3 I• Q ! • ! C - D L / I I J• � f r . /I • f a aaHa� eea��e i APPLICANT: Marsar� OWNER: 4b MAP REFERENCE: %13Fj SW atz %Eki4 COMMENTS: ^N 4Y oG SOUTN MIAMI #-,, PLANNING 50APD I --it O[ O[ Od Q " I " ICI -1 J1 U }I x 10 Ikl • I f? Compass Scale : � ; .5.' :: Date . t I Drn :Sq.. Chk .... . Hearing No -91.027 N To Whom It May Concern: Ms. Margarita Santander 6135 S. W. 42 Street Miami, Florida, 33155 Home Phone: 665 -0115 Work Phone: 995 -7558 June 1991 Re: Hardship Statement I am submitting the required documents to the City of South Miami to request a Construction Variance for my property (house), at 6135 S. W. 42 Street, Miami, Florida 33155. After submitting a survey of my property required by inspector, Mr. Dan Nieda; I was informed that my property was overbuilt by 3 %. This was caused by a roof, that I had recently added to an existing cement floor that has been with the house since the house was built. This roof is supported by four cement columns, it has no walls. Please consider my petition for variance so that I may finish the patio terrace. I will be glad to meet with you for any questions you may have. Respectfully, rr-� Margarita Santander T HE C IT Y OF 6130 SUNVET DRIVE, SOUTH MIAMI, FLORIDA 33143 Z 0 N I N G P E T I T I O N APPLICANT: MARGARITA SANTANDER r REQUEST: VARIANCE FROM SECTION 20 -3.5E OF THE LAND DEVELOPMENT CODE TO PERMIT THIRTY THREE PERCENT 330 BUILDING COVERAGE, WHERE MAXIMUM OF THIRTY PERCENT (30 %) IS PERMITTED IN SINGLE FAMILY RESIDENTIAL (RS- 4) DISTRICT. LEGAL: LOT 16, BLOCK 2 OF MCKEEVER TERRACE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9 AT PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LOCATION: 6135 SW 42 STREET SOUTH MIAMI, FLORIDA Petition: We, the undersigned property owners, are within Too feet of the above property. We understand and approve the above request. ATE ADDRESS 0� -- '-- '----------------- - `- - - - - -- - _s. - YZ -d - - - - - - -- ------ - - - - -- pS�" - - - -- - ----------------- -- - - - - - - - - - - - — - - - - g / -''� -- ���_Sy_r/G�_a�� - - -- -- - - - - - - - - - - - --- - -• - -- - - �;---------- % -_'_- - ' - - -- _ 7"4 �.r - - - - - - - - - - 9- Z '- cz (� S 5 4j You S 1` _ ___________L_- qi ���. -____ Page Z. ' T H E C I T Y O f � `7`otfth 4.,Niarni 6130 SUN;19T DRIV[, SOUTH MIAMI, MORIDA 33143 Z 0 N I N G P E T I T I O N APPLICANT: MARGARITA SANTANDER REQUEST: VARIANCE FROM SECTION 20 -3.5E OF THE LAND DEVELOPMENT CODE TO PERMIT THIRTY THREE PERCENT 33% - BUILDING COVERAGE, WHERE MAXIMUM OF THIRTY PERCENT (30 %) IS PERMITTED IN SINGLE FAMILY RESIDENTIAL (RS- 4) DISTRICT. LEGAL: LOT 16, BLOCK 2 OF MCKEEVER TERRACE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9 AT PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LOCATION: 6135 SW 42 STREET SOUTH MIAMI, FLORIDA Petition: We, the undersigned property owners, are within Soo feet of the above property. We understand and approve the above request. NAME DATE ------------ r?-��- " -- - - - - - - - - -- - -- - -- - - IRA - - - - - y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I- - - - - - - - - - - - - - - - - - - - - - - - - - I- - - - - - - - - - - - - - - - - - - - - - - - - - I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ADDRESS G Z6 z SLV - - - - - -- q- - - ` - - - -- %� Sw - 0a -ape - - - - -- _43�cs,57 - - - -- W50- - - - - - - - - - - - - - - - L --- -- I- - - - - - - - - - - - - - - - - - (continued on page 2) Paae 1 S TAF F REPORT SEPTEMBER 11, 1991 PB- 91-027 APPLICANT: MARGARITA SANTANDER REQUEST: VARIANCE FROM SECTION 20 -3.5E OF THE LAND DEVELOPMENT CODE TO PERMIT A THIRTY THREE PERCENT (33 %) BUILDING COVERAGE, WHERE A MAXIMUM OF THIRTY PERCENT (30 %) IS PERMITTED IN A SINGLE FAMILY RESIDENTIAL (RS -4) DISTRICT. LEGAL: LOT 16, BLOCK 2 OF MCKEEVER TERRACE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9 AT PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LOCATION: 6135 SW 42 STREET SOUTH MIAMI, FLORIDA ANALYSIS: THE APPLICANT MADE AN ADDITION TO HER PROPERTY WHICH INCREASED THE BUILDING FLOOR AREA TO 2,585 SQUARE FEET. THE MAXIMUM PERMITTED BUILDING FLOOR AREA FOR THE PROPERTY IS 2,343 SQUARE FEET. FOR THE LOT WHICH IS 7,810 SQUARE FEET, A 3% BUILDING COVERAGE VARIANCE IS REQUESTED IN ORDER TO AVOID DEMOLITION OF A PORTION OF THE ADDITION. RECOMMENDATION: STAFF DOES NOT RECOMMEND APPROVAL. s RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF A JACOBSEN 3 GANG REEL MOWER FOR A TOTAL PRICE NOT TO EXCEED S 5.310.00 BY THE RECREATION DEPARTMENT AND PROVIDENG FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000- 6930 "EQUIPMENT -- OPERATING" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Recreation Department of the City of South Miami, Florida was authorized to purchase a 3 gang reel mower for the athletic fields at South Miami Field and J.E. Murray Park; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of S 5,310.00 from DeBar Turf and Industrial Equipment Co., Inc. pursuant to the following governmental bid: Federal GSA # GS- 07F- 3662A; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to DeBar Turf and Industrial Equipment Co., Inc. in an amount not to exceed $ 5,310.00 for a Jacobsen 3 gang reel mower for the athletic fields at South Miami Field and J.E. Murray Park. Section 2. That the disbursement be charged to account number: 2000 -6930 "Equipment - Operating ". PASSED AND ADOPTED this day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 7 -11, 1991, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, the City of South Miami's officials and employees, share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, throughout the year we have assisted our neighboring school and college students, providing them with their requested items on government, and made it possible for some of our students to meet and interview our City Officials; and WHEREAS, during the year 1991, Mayor McCann and Chief of Police Turner, welcomed the Boy / Girl Scouts of our City, and held a municipal class with them; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City of South Miami does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated, as the "FLORIDA CITY GOVERNMENT WEEK." Section 2. That the City of South Miami through its Office of the City Clerk, pledge to continue support and encourage educational partnerships between city government and schools. PASSED AND ADOPTED THIS DAY OF ATTEST: CITY CLERK READ AND APPROVE AS TO FORM: City Attorney io 1991. 3 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING THE MONTH OF OCTOBER, 1991 AS BREAST CANCER AWARENESS MONTH, AND ENCOURAGING ALL CITIZENS TO SUPPORT AND PARTICIPATE IN THIS WORTHY CAUSE. WHEREAS, breast cancer is the most common form of cancer in American women: one out of nine women will develop breast cancer in her lifetime. In 1991 over 175,000 new cases are projected, and 44,500 women will die of the disease, and WHEREAS, research shows that breast cancer mortality could be reduced by at least 30 percent if women followed recommended breast cancer screening guidelines. Recommended screening for breast cancer includes routine mammography, examination by a physician, and monthly breast self- examination, and WHEREAS, schedule regular mammograms- ONCE is not enough! An initial screening mammogram by age 40, one every year or two to age 49, and every year after 50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City of South Miami does encourage the recommen —eic screening for breast cancer which includes routine mammography, examination by a physician, and monthly breast self- examination. Section 2. That the City of South Miami, Florida, urge the women of our City to join the NBCAM Board of Sponsors in this worthy cause. , PASSED AND ADOPTED THIS DAY OF 1991. MAYOR ATTEST: CITY CLERK READ AND APPROVE AS TO FORM: CITY ATTORNEY RESOLUTION N0, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ROBERT K. SWARTHOUT, INCORPORATED FOR PREPARATION OF A CONCURRENCY MANAGE- MENT SYSTEM FOR A MAXIMUM EXPENDITURE OF $ 9,500.00; CHARGING THE DISBURSEMENT TO SUILDING /ZONING DEPARTMENT ACCOUNT NO. 1610 -3110 "PLANNING CONSULTANT ". WHEREAS, a concurrency management system is required of municipalities pursuant to Florida Statute 163.3202 (2) (g) and by Florida Administrative Code Rule 93- 5.0055; and WHEREAS, pursuant to those requirements, the City Administration has obtained a proposed contract from Robert K. Swarthout, Incorporated for preparation of a concurrency management svztam, including preparation of computer software to administer the system and training staff to use the software (a copy of which contract is attached hereto); and WHEREAS, the City Charter in Article 111, Section 5 H provides "All contract for services in the excess of $ 1,000.00 shall be approved by the City Commission "; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the City Manager be, and hereby is, authorized to exer^ili's the attached contract with Robert K. Swarthout, Incorporated for preparation of a concurrency management system, including preparation of computer software to administer the system and training staff to use the software for a maximum of $ 9,500.00. Section 2_ That the disbursement be charged to Building /Zoning Department account no. 1610 -3110 "Planning Consultant ". PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CIT ATTORNEY APPROVED: th day of October, 1991. MAYOR City of South Miami INTER— OFFICE MEMORANDUM TO: Mayor and City Com ission DATL: September 24, 1991 FROM: 4"T1ia / SUBJECT: F. mpton Contract for Concurrency City Mana r Management System A local government Concurrency Management System is required by both Florida Statute and State Department of Community Affairs regulations. Accordingly, I have requested our Planning Consultant under our original comprehensive plan agreement to prepare the attached proposal for a Concurrency Management System. Funds are available under code 3110, Building & Zoning Dept. The estimated cost for this contract will not exceed $9,500. Your approval is requested. WFH:er cc: B & Z Director ROBERT K SwARTHOUT, jjvCORPORATED city planning consultants 400 South Dixie Highway, Suite 121 Boca Raton, Florida 33432 -6023 (407) 392 -5800 (305) 467 -5800 September 19, 1991 Mr. William Hampton, City Manager SEP 2 3 City of South Miami 6103 Sunset Drive South Miami, Florida 33143 WX MANAGER'S OFFICE SUBJECT: Concurrency Management System (CMS) Dear Mr. Hampton: This is an update and expansion of our November 10, 1989 and March 7, 1990 proposals on this subject as requested by Sonia Lama. Her request is in part prompted by two recent questions directed to us which can only be answered by preparation of a CMS. One dealt with a building ermit request for a house on a street operating below the City Level f- Service (LOS) and the other pertained to the formula for use in determining recreation LOS conformity. A CMS is required by both 163.3202 (2) (g) FS and 9J- 5.0055 FAC. Robert K. Swarthout, Incorporated has been responsible for the preparation of seven such computerized systems, including the nearby municipalities of Miami Shores and North Miami Beach. We would be happy to prepare a concurrency management system for South Miami. Our fee can be based on hourly rates plus direct expenses to a maximum of $9,500. Hourly rates range from $40.00/hour for technical support to $100.00/hour for senior professional time. The concurrency management system both assesses the conformity of a development permit application to the level -of- service standards and provides an accounting system which enables the City to keep track of development and its impact on facility service levels. In preparing the concurrency management system we go through some 16 steps involving Policy decisions with the City, procedural questions, researching necessary data, form preparation, formula drafting, monitoring procedures and related tasks. We assist the City set up computer software to administer the system and we train the staff to use the software and the system. A detailed scope of services is outlined in Attachment A. A summary outline of the North Miami Beach system is also included. /I Mr. William Hampton, City Manager City of South Miami September 19, 1991 Page 2 We suggest a 90 day period of completion of the work from time of authorization to proceed. Please return one signed copy of this letter or some other authorization for us to proceed. Sincerely yours, ROBERT K. SWARTHOUT, INCORPORATED Robert K. Swarthout, AICP RKS:tb Enclosures APPROVED FOR CITY OF SOUTH MIAMI William F. Hampton, City Manager Cathy R. McCann, Mayor 1a IAI;iJOi.n �.+1 SCOPE OF SERVICES TO PREPARE A CONCURRENCY MANAGEMENT SYSTEM Examine existing permit review procedures. Determine office to coordinate /receive concurrency applications. Determine which departments assist in review process. Determine which development permits undergo preliminary and final concurrency review. Prepare application forms. Determine what is vested and exempt. Determine formula for each LOS /type of facility for purposes of calculating concurrency; research data needed for equations. Determine relationship to County and FDOT traffic models. Outline facility capacity measurement system for each level -of- service category; update current and committed usage data by facility. Select demand generation rates (by land use category) for each public facility category. If deficiency exists, outline alternative methods to achieve concurrency. Establish appeals procedure. Determine when to grant final concurrency /facility capacity reservation, and when concurrency certificate expires. Establish facility capacity or concurrency monitoring system; computerized if appropriate. Prepare concurrency review manual and flow chart; staff training. Train local staff to perform concurrency reviews. Help establish concurrency review fees. NORTH HL"ff BEACH CONCUR.RENCY MANAGEMENT SYSTEM Note: "City" refers to City concurrency management team including Robert K. Swarthout, Incorporated. 1. TRAFFIC .March 1991 Commentary: • The following applies only until the DCA Comprehensive Plan settlement is reached, • Robert K Swarthout, Incorporated has developed a trip generation table (by land use). • City reviews applicant's trip generation and makes preliminary link assignment. • If concurrency is questionable, City asks applicant to do traffic study (or City team does study at applicant's expense). Calculation and Monitoring System (Preliminary): A. Enter latest volume counts for all arterials and collectors. B. Enter project traffic. • For concurrency, compare link total of A + B with FDOT LOS table or review applicant's traffic study. 2. SEWERS Commentary: • If project is not near sewer line, note septic tank as "concurrency." • If project is on or near County sewer line, follow calculations outlined below; applicant provides land use floor area square footage. Calculation and Monitoring: A. 91,000,000 g/d (capacity of WASD N.E. 151st St. plant). B. 1990 average flow at plant = 83,600,000 g/d. C. Project sewage flow (LDR Table II) = g/d. then B + C + 2% of B must be less than A. is 1 3. DRAINAGE Commentary-. • Applicant uses FDOT graph (or similar mechanism) to show City DPW Director how site plan or plat drainage system meets concurrency standard. Calculation and Monitoring. • calculation - see above • monitoring - not applicable 4. WATER Commentary-. • LOS standard should be adjusted and clarified at next Comprehensive Plan amendment, i.e. make more meaningful. • In the meantime, see calculation below; it is recognized that the City uses County water even though it is not included in the LOS calculation. Calculation and Monitoring - A. City -owned plant capacity = 17,670,000 g/d B. 1990 average daily flow from city plant = 15,200,215 g/d C. 1990 U.S. Census City population = 34,901 people D . DUs approved (COs) since Apr. 1990: 38 x 2.5 = 95 people E. Project flow (from LDR Table I) g/d then: _A i.e. capacity must be in excess of 150 g/p /d (the LOS) C +D as a further check, compare flsm to LOS: B + E should also be in excess of 150 C +D IC4 2 5. SOLID WASTE Commentary: • Given the excess County disposal capacity, the LOS is most meaningful for City truck capacity /collection schedules. • See calculation below. Calculation and Monitoring: A . 1990 average City - generated lbs. per day = 189,294 lbs/d B. 1990 U.S. Census or City population = 34,901 people C. DUs (COs) since Apr. 1990: 38 x 2.5 = 95 people D. Project lbs per day from LDR Table III = lbs/d then: A + D = _ lbs/person /day B +C if result exceeds 5.5 lbs /day, LOS exceeded and either truck fleet or collection schedule is in trouble 6. RECREATION Commentary: • If the population stays fairly constant and the City does not eliminate a facility, concurrency should not be a problem. • Applicant does not have to furnish anything other than number of DUs proposed, if applicable. Calculation and Monitoring: A. Neighborhood park acreage = 48 B. Tennis courts = 20 C. Basketball courts (includes gyms) = 8 D. Tot lots = 5 E. Gyms /auditoriums = 3 F. Playfields = 6 G. Swimming pools = 3 3 H . 1990 City popul. = 34,901 persons I . DUs (COs) since Apr. 1, 1990: 38 x 2.5 = 95 persons J. Project DUs x 2.5 = persons then compare the results of the following calculations with the LOS list; the number must be higher than 1. • H+I+J =x 4$ = neighborhood park LOS = 1/1,000 1,000 x acres/1,000 popul. • H+I+J =x Q = tennis courts/2,000 popul. LOS = 1/2,000 2,000 x • H + I + = x -8 = bb. courts/5,000 popul. LOS = 1/5,000 5,000 x • H + I + J = x -5- = tot lots/15,000 popul. LOS = 1/15,000 15,000 x • H+T+J = x $ = gyms/30,000 popul. LOS = 1/30,000 30,000 x • H + I + J = x -6- = playfields /7,500 popul. LOS = 1/7,500 7,500 x • H+I+J = x -3 = pools/15,000 popul. LOS = 1/15,000 15,000 x 4 RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF A COMPUTER AND RELATED HARDWARE FOR A TOTAL PRICE NOT TO EXCEED S 11,497.59; AUTHORIZING THE PURCHASE OF SOFTWARE FOR A TOTAL PRICE NOT TO EXCEED $8,285.00; AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 08- 1910 -6400 "OPERATING EQUIPMENT" AND ACCOUNT NUMBER 08- 1910 -5200 "OPERATING SUPPLIES ". WHEREAS, Florida Statute 932.704 (3) (a) authorizes expenditure of forfeited property proceeds for inter alia "additional information for drug trafficking and other narcotics investigation assistance, technical equipment' or expertise . ."; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of $ 8,285.00 for software computer from Fascorp Inc., and a cost of $ 11,497.59 for hardware pursuant to the following government bid: GSOOK89AGS6368 which hardware /software will modernize and enhance the Police Department's uniform crime reporting system, as well as provide additional information for drug trafficking and other narcotics investigation assistance; and WHEREAS, the Chief of Police has previously certified the requested disbursements comply with the provisions of the aforesaid Florida Statute; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be, and hereby is, awarded to Fascorp Inc. in an amount not to exceed $ 11,497.59 for computer hardware and in an amount not to exceed S 8,285.00 for computer software programs. Section 2. That the disbursements be charged to the account number 08 -1910 -6400 "operating equipment" for the hardware and to account number 08- 1910 -5200 "operating supplies" for the software. ---------- PASSED AND ADOPTED this th day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 13- City of South Miami INTER — OFFICE MEMORANDUM TO: William F. Hampton DATE: September 25, 1991 City Manager FROM: Perry S. Turner SUBJECT: Law Enforcement Trust Fund Chief of Polic Expenditure The attached list of both hardware and software to modernize and enhance our uniform crime reporting system as well as provide additional information for drug trafficking and other narcotics investigation assistance, is presented for your approval. In additionat his purchase will enable the Police Department to sig- nificantly modernize and automate numerous functions which now necessitate an inordinate amount of hand research and logging data bases. The hardware will be purchased off GSA Contract bid ttGS00K89AGS6368. In addition, the software from the Fascorp Corporation, called XCaliber will enable us to interface with other current hardware and software that the Police Department has at this time. It will im- prove our UCR crime reporting to the Florida Department of Law En- forcement and will allow instantaneous retrieval of information from the data base which, at this time, takes literally hours of manual searching and logging to accomplish. It will also interface with current systems being used to assist us in drug tracking and other narcotics investigative information and cases. Upon review of the Florida State Statute 932 Florida Contraband Forfeiture Act, I hereby certify that this expenditure meets the requirements as stated in Chapter 932. The approximate ongoing ex- pense after the one year warranty period for the equipment and soft- ware will be approximately $500 to $1000, depending upon vendor at that time who will provide maintenance to the hardware and software. It is requested that this be placed on the agenda of the October 1 Commission meeting for the Commission's approval. The accounts to be charged are as follows: Hardware - 08 -1910 -6400 $11,497.59 Software - 08- 1910 -5200 $ 8,285.00 PST /esw i13 ® City of South Miami INTER— OFFICE MEMORANDUM Chief Turner OATS: 23 September 1991 Ofc. D. Dweck SUBJECT: Requested Information Sir, Below is break down of the Hardware and software that will replace and correct the UCR reporting system as well as provide three additional terminals of access and connect all existing IBM compatible equipment in the Police Department. HARDWARE: 386/25 NEC COMPUTER W/ 4MB RAM, 1 5.25 AND 1 1.44 MB FLOPPY DRIVE, 1 300 MB HARD DRIVE, 1 HIGH RESOLUTION MONITOR, 150 MB TAPE DRIVE BACKUP SYSTEM, XENIX CONFIGURATION SOFTWARE. $6,437.07 1 NEC 16 PORT XENIX BOARD $1,004.40 1 NEC 4MB RAM UPGRADE $ 596.88 1 MINUTEMAN 600 EMERGENCY UPS W /XENIX OPTION $1,200.00 3 MONOCHROME TERMINALS AND KEY BOARDS @388.08EA $1,164.24 SUB TOTAL $10,402.59 ABOVE EQUIPMENT IS ON GSA CONTRACT jr11GS00K89AGS6368 AND IS PURCHASED DIRECTLY FROM NEC CORPORATION. 14ULTITECH 2400 BAUD MODEM FOR ABOVE COMPUTER $ 495.00 6 CONNECTING CABLES, ADAPTERS, ETC. @$100 EA $ 600.00 TOTAL HARDWARE $11,497.59 SOFTWARE: XCALIBER SITE LICENSE & XENIX RUNTIME SOFTWARE $ 1,200.00 UCR /INCIDENT MODULES $ 1,600.00 UNLIMITED NARRATIVE MODULE $ 575.00 MLINK COMMUNICATIONS PROGRAM FOR XENIX $ 310.00 3 MLINK EMULATION SOFTWARE FOR EXISTING EQUIP @200EA $ 600.00 FDLE DATA CONVERSION FROM UNCORRUPTED DATA BASES $ 700.00 F1 Respectfully Submitted, Ofc. D. Dweck 13 ANNUAL SOFTWARE AGREEMENT FOR XCALIBER SYSTEM $ 1,200.00 INSTALLATION OF SOFTWARE $ 700.00 2 DAYS TRAINING BROKEN UP INTO 4, SESSIONS @700EA $ 1,400.00 TOTAL $ 8,285.00 ABOVE SOFTWARE WILL BE PROVIDED BY FASCORP, INC. SEE SOLE SOURCE VENDER STATEMENT. ALL OF THE ABOVE WILL BE COMPATIBLE WITH OUR EXISTING EQUIPMENT AND INTERFACE WITH OUR EXISTING XCALIBER SOFTWARE I.E. BUDGET, TIME AND LEAVE, DRUG TRACKING..ETC. ALL THE CABLES FOR THE ABOVE SYSTEM WILL BE INSTALLED BY THIS WRITER ASSISTED BY OUR PUBLIC WORKS DEPARTMENT. Respectfully Submitted, Ofc. D. Dweck 13 XCALIBER (R) INFORMATION MANAGEMENT SYSTEM REFERENCES PANAMA CITY BEACH POLICE DEPARTMENT - PANAMA CITY BEACH, FLORIDA Contact: Capt. J.B. Holloway (904) 234 -3627 * WILDWOOD POLICE DEPARTMENT - WILDWOOD, FLORIDA Contact: Chief Don Clark (904) 748 -2671 HOLMES BEACH POLICE DEPARTMENT - HOLMES BEACH, FLORIDA Contact: Chief Richard Maddox (813) 778 -6855 * LIGHTHOUSE POINT POLICE DEPARTMENT - BROWARD COUNTY, FLORIDA Contact: Sgt. Dave Nuce (305) 942 -8080 * NORTH BAY VILLAGE POLICE DEPARTMENT - DADE COUNTY, FLORIDA Contact: Det. Bill Nevers (305) 758 -2626 ARCADIA POLICE DEPARTMENT - ARCADIA, FLORIDA Contact: Chief Kenneth Carlton (813) 494 -2222 * LEESBURG POLICE DEPARTMENT - LEESBURG, FLORIDA Contact: Lt. Hal Reeves (904) 787 -2121 MILTON POLICE DEPARTMENT - MILTON, FLORIDA Contact: Lt. Bob Young (904) 623 -3828 DAYTONA BEACH SHORES POLICE DEPARTMENT - DAYTONA BEACH, FLORIDA Contact: Chief Frank Dariao (904) 767 -7161 * NORTH PALM BEACH PUBLIC SAFETY DEPARTMENT Contact: Lt. Clay Walker (407) 848 -2525 * WILTON MANORS POLICE DEPARTMENT - WILTON MANORS, FLORIDA Contact: Chief Steve Kenneth (305) 390 -2150 SURFSIDE POLICE DEPARTMENT - SURFSIDE, FLORIDA Contact: Capt. Ron Browning (305) 861 -4862 CRESTVIEW POLICE DEPARTMENT - CRESTVIEW, FLORIDA Contact: Chief David Carnahan (904) 682 -3544 * BAL HARBOUR POLICE DEPARTMENT - BAL HARBOUR, FLORIDA Contact: Deputy Chief Glen Grundy (305) 866 -5000 * MADISON COUNTY SHERIFF'S OFFICE - MADISON, FLORIDA Contact: Sheriff Joe Peavy (904) 973 -4151 LAKE CITY POLICE DEPARTMENT - LAKE CITY, FLORIDA Contact: Chief Frank Owens (904) 752 -4343 an 13 * SOUTH MIAMI POLICE DEPARTMENT - MIAMI, FLORIDA Contact: Chief Perry Turner (305) 667 -7571 * CORAL GABLES POLICE DEPARTMENT - CORAL GABLES, FLORIDA Contact: Captain John Watson (305) 460 -5422 * ATLANTIC BEACH POLICE DEPARTMENT - FLORIDA Contact: Hillary Thompson (904) 249 -5606 * DESOTO COUNTY SHERIFF'S OFFICE - ARCADIA, FL Contact: Sergeant Dan Shea (813) 494 -2424 * BARTOW POLICE DEPARTMENT - BARTOW, FLORIDA Contact: Sergeant Dennis Hoecherl (813) 533 -0311 * WEST MELBOURNE POLICE DEPARTMENT - FLORIDA * ** ON ORDER * ** Contact: Sergeant Terry Brinson (407) 723 -7847 INVERNESS POLICE DEPARTMENT - INVERNESS, FLORIDA Contact: Chief Massey Cook (904) 726 -2121 k AVON PARK POLICE DEPARTMENT - AVON PARK, FLORIDA Contact: Sergeant Walt McLendon (813) 453 -6622 GULF BREEZE POLICE DEPARTMENT - GULF BREEZE, FLORIDA Contact: Chief Jerry Brown (904) 934 -5121 * LADY LAKE POLICE DEPARTMENT - LADY LAKE, FLORIDA Contact: Chief Rick Colpitts (904) 753 -3810 MIRAMAR POLICE DEPARTMENT - MIRAMAR, FLORIDA * * *ON ORDER * ** Contact: Chief Ben Galante (305) 431 -4600 * TEQUESTA POLICE DEPARTMENT - TEQUESTA, FLORIDA * * *ON ORDER * ** Contact: Lt. Steve Allison (407) 575 -6210 * VALPARAISO POLICE DEPARTMENT - VALPARAISO, FL * * *ON ORDER * ** Contact: Insp. George Mulbach (904) 729 -5400 -3- 13 FASCORPComputer Law Enforcement Systems & Software 9900 Stirling Rd. #231, • Ft. Lauderdale FL 33330 • (305) 431 -2677 SOLE SOURCE VENDOR FASCORP, Inc. is the sole source vendor for the XCALIBER (R) series of Information Management Systems in the State of Florida. These systems include: XCALIBER (R) Police Information Management System' XCALIBER (R) Computer -Aided Dispatch XCALIBER (R) Jail /Facility Information and Management XCALIBER (R) Security and Protection Agency Information Management XCALIBER (R) Fire Department Information Management FASCORP, Inc. provides installation, training and customization for all of the above software packages. 13 SOLE SOURCE CONCERNS /JUSTIFICATIONS XCALIBER (R) IS THE ONLY PROGRAM THAT CAN PRODUCE AN EXACT DUPLICATE OF THE STATE OF FLORIDA UNIFORM CRIME REPORT WHICH IS ULTIMATELY PRODUCED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT. THIS ON -LINE U.C.R. REPORT IS SIMILAR TO FDLE'S CRIME IN FLORIDA REPORT. (SAMPLES ATTACHED) . XCALIBER (R) IS THE #1 LEADER IN THE STATE OF FLORIDA IN ;` MEETING THE UNIFORM CRIME REPORTING REQUIREMENTS OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT. OTHER SOFTWARE CANNOT COMPARE TO XCALIBER'S LOW ERROR RATE. XCALIBER (R) HAS REPLACED 1S -20 SITES THAT HAD PREVIOUSLY BEEN PROVIDED WITH 'FREE' UCR SOFTWARE BY FDLE. YES, OTHER PACKAGES EXIST, BUT EVEN THE STATE'S UCR PACKAGE IS NOT MEETING THEIR OWN REQUIREMENTS SUCCESSFULLY (10 -12o ERROR RATES vs. XCALIBER 'S 30 or LESS). SUCH INADEQUATE SOFTWARE ULTIMATELY :RESULTS IN MORE MANPOWER EXPENDED CORRECTING ERRONEOUS ENTRIES AND RE- SUBMITTING THEM TO THE STATE. XCALIBER'S DESIGN PHILOSOPHY HELPS PROTECT YOUR SOFTWARE INVESTMENT. XCALIBER(R) WILL FUNCTION ON A WIDE VARIETY OF :OMPUTER SYSTEMS INCLUDING NEC, IBM, DEC, ETC. HARDWARE "TECHNOLOGY IS CONSTANTLY CHANGING AND IMPROVING. XCALIBER (R) ',LLOWS YOU TO TAKE ADVANTAGE OF THESE IMPROVEMENTS IN TECHNOLOGY WITHOUT THE NEED TO PURCHASE A COMPLETE NEW SOFTWARE PACKAGE. XCALIBER'S DESIGN PHILOSOPHY IS COST- EFFECTIVE IN ANOTHER WAY. XCALIBER (R) IS A MODULAR SYSTEM. YOU ONLY INVEST IN THE SOFTWARE MODULES THAT ARE NEEDED AT THE PRESENT TIME. YOU DON'T PAY FOR MODULES THAT YOU DON'T NEED. OTHER SOFTWARE PACKAGES REQUIRE THAT YOU BUY THEIR ENTIRE PACKAGE WHETHER YOU USE THE ENTIRE SYSTEM OR NOT. XCALIBER (R)IS INSTALLED IN CLOSE TO 60 LAW ENFORCEMENT AGENCIES IN FLORIDA AND GEORGIA. OVER 400 INSTALLATIONS ACROSS 'HE UNITED STATES. AGENCIES SUCH AS CORAL GABLES P.D., MIAMI SHORES P.D., MIRAMAR P.D., COOPER CITY P.D., NORTH LAUDERDALE '.D. AND SO ON. CALIBER (R) IS THE ONLY PACKAGE THAT SOLELY MEETS THE PROFESSIONAL REPORTING REQUIREMENTS OF THE SOUTH MIAMI POLICE 'DEPARTMENT. THOSE PROFESSIONAL REPORTING REQUIREMENTS HAVE SEEN DEVELOPED BASED UPON THE DEPARTMENT'S DEDICATION TO QUALITY, EXCELLENCE AND PROFESSIONALISM IN PROVIDING POLICE SERVICE TIC' THE COMMUNITY. 02/27/1991 09:30 • , FDLE FDLE FCIC TALLAHASSEE FLA 904 487 107-0 P.02 Florida Department of Divislon of Criminal Justice P.O. Box 1489 Law Enforcement Information Systems Tallahassee, Florida 32302 (904) 48&8852 James T. "Tim" Moore Commissioner February 27, 1991 Honorable Perry S. Turner Chief of Police South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 Dear Chief Turner: we have received your letter of February 19, 1991, regarding the XCALIBER(R) software program. The Uniform Crime Reports (UCR) program has received and processed data from agencies using this software package. You may want to contact other agenciee such as Miami Shores, North Lauderdale, and Cooper City, who are using this software to discuss their experiences with it. Please do not accept this letter ae an endorsement of this product. If you have any 4Ugetions, Dleaee Contart mA nr RttraAtt rhl.af Waleno Quirosay at ,1 904 f 48q-11q5- Sincerely, James T. Moore. Commissioner k oy e, Direct -= Division of Criminal Justice Information systems PJD /bam 13 r � �' � �' !) �: . �� �` ^�� ,� � � � �; 1 J� �� HIALEAH PARR BOX 158, HIALEAH, FLORIDA 33011 / (305) 885 -8000 / FAX 887 -8006 September 16. 1991 Honorable Cathy McCann Mayor City of South Miami 6130 Sunset Drive South Miami. FL 33143 Dear Mayor McCann, Hialeah Race Track is proud to announce that we will be opening on November 10th for fifty exclusive racing days through January 7th. We would like to extend an invitation to your commission members for our opening day celebration on November 10th. The support of your community is important for our continued operation and we would like an opportunity to address your city commission at your next meeting. Thank you for your support. Sincerely, Martha H. Kelly Marketing Representative MHK: tp ANNOIL CittY of South Miami APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME: i DATE : i ADDRESS: TELEPHONE NUMBER DURING BUSINESS HOURS: State reason for which you want to be heard: Address of property: Would you like to meet with a Commissioner: Circle the name of the Commissioner: Cathy McCann Mayor Neil Carver Vice -Mayor Yes jNo Betty Banks Thomas Todd Cooper p Jan Launcelott Commissioner Commissioner Commissioner GiY 7�.E- C' /yiSc'a 7 City ()fS0Um Miami APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME: 1-LCt� ( -- — DATE ADDRESS: %`l TELEPHONE NUMBER DURING BUSINESS HOURS: �� C'41 State reason for which you want to be heard: Address of property: )7 7- �L. Would you like to meet with a Commissioner: Circle the name of the YY e—s _� '� N a Commissioner: Cathy McCann Mayor Betty Banks Commissioner Neil Carver Vice -Mayor Thomas Todd Cooper, ( Commissioner Jan Launcelott Commissioner ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -63 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PERMIT MOBILE FOOD VENDORS IN RM -18 AND RM -24 ZONING DISTRICTS; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of South Miami does not presently permit mobile food vendors except on construction sites where work is actively in progress; in exhibitions and festivals not exceeding five (5) days and in the I zoning district; and WHEREAS, the Mayor and City Commission of the City of South 1liami wish to amend the Code of Ordinances to permit mobile food vendors to operate within RM -18 and RM -24 zoning districts of the City upon certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Provisions, of be, and the same That Section 15 -63 (c), Miscellaneous the Code of Ordinances of the City of South Miami hereby is, amended to read as follows: (c) Mobile vendors selling food, food products and beverages may operate and do business in I, RM -18, and RM -24 zoning districts or upon construction sites where work is actively in progress upon the following terms and conditions: i. No mobile vendor shall 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. ii. All mobile vendors must 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 remain in any one site longer than eight (8) hours except in the case of a special event, exhibition, exposition, art show and /or festival not to exceed five (5) days and when further specifically permitted by a majority affirmative vote of the City Commission by resolution. r 0 iv. Mobile vendors must operate from four — wheel motorized vehicles registered in the State of Florida except in the case of fairs, exhibitions and expositions not exceeding five (S) days. add the fol�.;� C ZONING DISTRICTS 0 N t RR L M N S G I D 18 24 0 O 0 R R R I S Mobile Food Vendors t I P j ( I ' I j j P1 * h. , Section 3 If any sentence, section, clause or phrase of this ordinance is held to be 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 S. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 1991. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYO R ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF PSYCHIC IN SECTION 20 -2.3; PERMITTING PSYCHIC UNDER SECTION 20 -3.3 (R) OF THE PERMITTED USE SCHEDULE IN R 01 L0, MO, NR, SR, AND GR DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for a permitted use schedule; and WHEREAS, there presently does not exist a permitted use of Psychic; and WHEREAS, the Mayor and City Commission Wish to amend the Land Development Code to provide for Psychic in the permitted use schedule; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended as follows: PSYCHIC. Shall mean a person who has an extra - natural sense of perception and Para- normal abilities which cannot be explained in terms of established physical principles and who is able to decipher this sensitively for practical purposes. Section 2. Section 203.3 (E) be, and hereby is, amended to include the following additional uses: C P ZONING DISTRICTS 0 A N R R L M N S G I H D K 0 0 0 R R R S G Psychic P P P P P P - 9 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 Ordinan Section 4. All ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY /S V r � ,i . ,� ��, I �: � �� � �. � -�� ;/ I HIALEAH PARK BOX 158, HIALEAH, FLORIDA 33011 / (305) 885 -8000 / FAX 887 -8006 September 16. 1991 Honorable Cathy McCann Mayor City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mayor McCann, Hialeah Race Track is proud to announce that we will be opening on November 10th for fifty exclusive racing days through January 7th. We would like to extend an invitation to your commission members for our opening day celebration on November 10th. The support of your community is important for our continued operation and we would like an opportunity to address your city commission at your next meeting. Thank you for your support. Sincerely, fa UA 4- Martha H. Kelly Marketing Representative MHK: t r\ _('� n City of South Miami APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME I (`,C--L- _ L -L (4.2 _, ____ DATE : I 2. /II ADDRESS: 3 3 TELEPHONE NUMBER DURING BUSINESS HOURS: �� �D State reason for which you want to be heard: V.L' a4 L !LL L -c �.. ; '�� ��, /1 G� C�,1• Ct % %'L•lL.'� /C C Address of property: Would you like to meet with a Commissioner: Circle the name of the Commissioner: C athy McCannayor Betty Banks Commissioner Neil Carver Vice -Mayor 'Thomas Todd Cooper Commissioner Yes ��'�No Jan Launce10tt Commissioner , City of South Miami APPLICATION To be Heard REGULAR CITY COMMISSION MEETING , NAME -/ /s , D A T E ADDRESS: zx1' V 15 e , "4 z*/ TELEPHONE NUMBER DURING BUSINESS HOURS: State reason for which you want to be heard: L1, � � 5 ,7/�• Lam' mil F �!/�li v ..� � -(T i � y.!' •ii i � � y / i i � S .t. may. G� w�.G'C'/l7�SCa Address of property: ,� ��� �� {�y3�Z' Would you like to meet with a Commissioner: Yes Circle the name of the Commissioner: Cathy McCann Mayor Betty Banks Commissioner Neil Carver Vice -Mayor No Thomas Todd Cooper Jan Launcelott Commissioner Commissioner rl OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY.-COMMhSSION MEETING 7:30 'p.m-.- October 15, :1991 Next-Resolution: Next Ordinance: Novi SS -10-5 1'11EE .lioy. 11 /�lil A. " Invocation B . -Al edge of Allegiance to the Fl a.g. of the Un.i..ted States of America C• Presentations D. Items for Commission Consideration: 1., Approval of Minutes of 10/1/91 Regular City Commission meeting 2. City Manager's Report 3'.: City Attorney's Report - Report by Special Counsel, G. Borgognoni ORDINANCES - SECOND READING AND PUBLIC HEARING: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Section 20- 3.3(D) of the Land Development Code of—the City Of South Miami, Florida, to permit automobile parking structure as a special use in RO Districts; amending Section 20-3.4-of the Code to add a new Section (15) setting forth the special use conditions for automobile parking structures in RO Districts; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor McCann) 4/5 'RESOLUTIONS FOR PUBLIC HEARING: 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting a request by Stanley Toledo, from the�Planning Board of the City of South Miami for variance from Section 20 -4.2 (C) (1) of the Land Development Code to waive side- walks, curbs, gutters, paving, and drainage for the property known as 6314 SW 49th Street, South Miami, FL 33143, and legally described hereinbelow. (Planning Board /Adm.) 4/5 6. A Resolution of the Mayor and-City Commission of the City of South Miami, Florida, granting a request by the School Board of Dade County, Florida from the Planning Board of the City of South Miami, for three variances from Sec. 20 -3.5 (c) (3) of the Land Development Code to allow a Zero (0) feet rear setback for a proposed addition; to allow a Building coverage of thirty -eight percent (38%); to allow an impervious coverage of seventy -six percent (76%) and one variance from Section 20 -3.5 B (12) of the Land Development Code to require no additional parking spaces where twenty six (2"6) parking spaces are required for a proposed addition for th,e property known as 6750 SW 60 Street, South Miami, FL 33143 ( a,.�.Public Facility, specifically South Miami Middle School.) and legally described hereinbelow. (Planning Board /Adm:) 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a contract with Robert K. Swarthout, Incorporated, for preparation of a Co.ncurrency Management System-.for a maximum expenditure of $9,500.00; charging the disbursement to Building /Zoning Department Account'No. 1610 -3110 "P.lanning Consultant." (Administration) 3/5 8. A Resolution of'the Mayor and City.Commission of the City of South Miami, Florida, instructing the City. Administration not to remove two parking spaces and meters from the Southwest corner of.SW 40 Street and'S.W• 57 Avenue in compliance with the State Department'of Tran.spo.r.taion's. Request. (Mayor) 3/5 OFFICIAL AGENDA October 15, 1991 page 2 . RESOLUTIONS: 9.: .,A.- Resolution of the..Mayor -and City Commission...of the City of South, Miami , ''Florida, authorizing the . purchase of Computer Equipment as set forth herein below upon. the-basis that there is one source of supply; authorizing the expenditure of $2,306.60 to decade Computer Services. Inc.., for this equipment; . charging the disbursement to..account No.. 09 -1910 -6430 ' ". "Equipment- Operating." (Administration.) 3/5 -10... •A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing. the purchase of Codification Services form Municipal Code Corporation for a total price no to exceed $1,157.91 by the Clerk's Office and providing for disbursement from account number 1200 -4950 "Codifications. (City Attorney) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the' purchase of glass, glass frami.ng,:doors, and casement. and high fix windows for South Miami City Hall for a total price not to exceed $31,045.00 by Public Works Department and providing for - disbursement from account number 1710 -4660 "Maintenance and repairs of City Hall." (Administration) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager into a two year extension of the lease of the premises commonly known as the South Miami Fire Station to Metropolitan Dade County. (Administration) 4/5 ORDINANCES - FIRST READING. 13. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida, to permit Mobile Food Vendors in RM -18 Zoning Districts; providing for terms and conditions; providing for severability and an effective date. (Commissioner Launcelott) 4/5 14. An- Ordinance amending the Land Development Code of the City of South Miami, Flor.ida,.by deleting the existing section 20 -5.3 and enacting a new section 20 -5.3 thus permitting concurrent zoning changes to planned unit developments and underlying zoning; providing for severability; ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/5 REMARKS: John Fletcher - to discuss and seek City action on the of Miami s proposed dormitories on Red Road. A presentation by the University of Miami in regards to area development district. You are hereby advised that if any person desires decision with respect to any matter considered at or hearing, such person gill. need to ensure that, of the proceedings is made, which record includes and ev.idence upon which the appeal is based. University the camp a to appeal any n��`�' this meeting ` a'-verbatim record G the testimony l� 1 , ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20- 3.3(D) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO PERMIT AUTOMOBILE PARKING STRUCTURE AS A SPECIAL USE IN RO DISTRICTS; AMENDING SECTION 20 -3.4 OF THE CODE TO ADD A NEW SECTION (15) SETTING FORTH THE SPECIAL USE CONDITIONS FOR AUTOMOBILE PARKING STRUCTURES IN RO DISTRICTS; PROVIDING FOR SEVERA91LITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for a permitted use schedule; and WHEREAS, there presently does not exist a permitted use of parking structures within the RO district; and the Mayor and City Commission wish to amend the Land Development Code to provide for parking structures within the RO district as a special use in the permitted use schedule; NOW, THEREFORE, BE IT ORDAINED AY THE MAYOR AND CITY COMMISSION OF THE CITY OP SOUTH MIAMS, FLORIDA: Secti the Land Development Code of the City of South Miami, Florida be, and hereby is, amender. .; permit parking structures as a special use in RO districts as follows: ZONING DISTRICTS 0 A ------- -- --- -------=----=- --- --- ---= -=== -==== =ao== = = =___ N R R L M N S G I H P P D K 0 0 0 R R R I R S G Automobile Parking Structure 3 S S ZS Section 2. Section 20 -3.4 of the Land Development Code of the City of South Miami be, and the same is, hereby amended to add a< new section (15) as follows: (15) PARKING STRUCTURE IN RO DISTRICTS. Parking structure in ROG districts are permitted provided that parking is not more than two levels on RO property where an RU property abuts a MO property and where the It *0 RO property is to be used solely to provide off- street parking to serve a building or a portion of a building to be constructed solely on the MO property, subject to the following conditions: (a) a unity of title linking the RO and MO properties shall be provided; (b) no main building shall be constructed on the RO property; (c) the square footage of the building (s) to be constructed on the MO property shall not exceed what is permitted by the Zoning regulations to be constructed on the CO property; (d) the finished floor elevation of the second level of parking shall be no higher than four (4) feet six (6) inches above grade; (e) the second parking level shall conform to all setback requirements of the RO district except that it shall be permitted at five (5) foot interior side setback; (f) the second parking level shall meet all the requirements of Sec. 20 -4.5, Vehicular Use Area Landscaping, as if it were at grade parking, including, but not limited to, required landscape island; (g) the ingress and egress to the RO property shall be solely from the MO property and shall not be permitted from right -of -way (s) abutting the RO property and shall not create adverse traffic conditions; (h) the second parking level shall be designed, landscaped and screened from view, to the maximum extent possible. (i) the proposed plans shall be subJect to complete review, appro'vai, ujodificatiura or denial by the Bnvlronmenzal Review 2 and Preservation Board pursuant to Sec.20 -6 (C) to ensui;e the preservation of the residential character of the RO property, and the overall integrity of the development; (J) a Declaration of Restrictive covenants providing for substantial compliance with the architectural and landscaping plans offered as part of the application and further providing for the perpetual maintenance of landscaping as shown on the landscaping plan, shall be submitted as part of the application and review of the City Attorney and of the City Commission. The Declaration of Restrictive Covenant$ shall be recorded in the Public Records of Dade County, at the owner's expense, immediately following any approval of the application; (k) a Public Hearing by the City Commission shall be held tD determine the overall compatibility of the proposed use with the neighborhood. The application for a Special Use Permit, as provided herein, shall only be granted if the City Commission affirmatively finds, in it's discretion, that the application meets the criteria (a) through (J) listed above and further affirmatively finds that the application preserves and enhances, to the maximum extent possible, based upon merits of the landscaping and architectural plans submitted, the residential character of the RO property as it relates to the surrounding neighborhood. In the making of the above finding, the City Commission may consider, among other evidence presented, the testimony of affected neighboring property owners. Section 2. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinanr_p . K a 1 Section 3. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR A • 1 • • Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20- 3.3(D) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO PERMIT AUTOMOBILE PARKING STRUCTURE AS A SPECIAL USE IN RO DISTRICTS; AMEND SECTION 20 -3.4 OF THE CODE TO ADD A NEW SECTION (15) SETTING FORTH THE SPECIAL USE CONDITIONS GFOR AUTOMOBILE PARKING STRUCTURES IN RO DISTRICTS; PROVIDIN Y; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. PB Minutes '"Of 4 08 -27 -91 Mr. Gutierrez read the request. Mr. Mackey noted that a copy of the proposed Ordinance has been given to each Board member. The Chair called the Public Hearing open, asking for those present who may wish to speak either for or against the Ordinance to identify themselves. There being none, the Public Hearing was closed and Executive Session called. Mr. Gutierrez asked Staff for the reason for the changes in the Ordinance, to which Mr. Mackey answered that this had been omitted from the previous Code and the City Commission wished to include the subject in the new Code. Since the Ordinance and Minutes were only given to the Board members just prior to this evening's meeting, Mr. Ligammare allowed a few minutes for the Board to familiarize themselves with their contents. Mr. Lefley, referring to page 2, 3rd paragraph from the top, (B), which stipulates that, "no main building shall be constructed on the RO property ", feels that this appears to change the complete use by prohibiting the RO and says that "a garage is to be the soul use." Ms. Lama explained that this is to be an accessory to something which is in MO. Mr. Lefley also questioned Item G on page 2 concerning "Ingress" and "Egress ". It states that, "it shall not be permitted from Right -of -Ways abutting the RO." Ms. Lama explained that the intent is to keep the traffic out of the RO property. He asked if that would hold up in court. Mr. Parr asked Staff what type of building is typically found in RO zoning? Mr. Mackey replied that this would be an office building that "mimics" a single family residence. This can be one or two story structures. Mr. Gutierrez asked if this would call for site plan approval by ERPB and the City Commission. Mr. Mackey said yes and that it must go through the Special Use Permit process as well. Mr. Parr asked if there are any examples of this modification already existing in the City of South Miami? Mr. Mackey said that there might be but he knows of none specifically. Ms. Lama agreed and explained that there are only two locations within the City where this might be possible. Mr. Gutierrez asked, if an MO and RO properties were joined and provided a Unity of Title, would the setbacks between those two properties be waived? Mr. Mackey explained that the setbacks would be modified by this proposed Ordinance. This would become a single property with two zoning districts. In this case, Mr. Gutierrez PB Minutes 08 -27 -91 5 7 asked which setback would be used? Mr. Mackey said that the setback wou.ia ne app.Liea to the part of the building in each specific zoning area. He further explained that this proposed Ordinance is specifically designed to provide for a parking garage on the RO property only. The setbacks for RO would be applied as regulated by this Ordinance to the garage and the setbacks to the office building as provided for in the MO district. The two projects will not cross the line between the two districts. Mr. Parr made a motion to approve the request the Mayor and City Commission. Motion dies for lack of a second. Mr. Lefley asked that the Board consider including access solely from the MO property and include it in the recordable covenants. He explained that a Recorded Restrictive Covenant gives the City the right to enforce the various provisions, including such items as landscaping and its perpetual maintenance, etc. The key is to ensure that vehicles do not impact the adjacent residences. To protect these residences, traffic must be forced to enter from the MO property, which is also stated previously but is not included in the Restrictive Covenant clause,(Sub- section J). Ms. Gonzalez asked why the entire Ordinance could not be placed under a Restrictive Covenant? Mr. Lefley explained that his intention in strengthening the proposal is for the protection of the residences. This would prevent future variance requests without court approval. Mr. Lefley moved to approve the Ordinance as stated above and presented by Staff with an Amendment relating to paragraph j on page 3, line 5, after the word "plan ", and adding the words, "and that ingress and egress to the RO property shall be solely from the MO property,..." Mr. Parr seconds the motion, for discussion. Ms. Gonzalez asks that the following be included," ... and shall not be permitted from Right -of- Way(s) abutting the RO property" with the deletion of "...and shall not create adverse traffic conditions." Mr. Lefley accepts this additional change. Mr. Parr rescinds his second and seconds the amended motion. Mr. Eisenhart feels that by not deleting Sub- section "g" in its entirety, it may not be decisive enough, by saying one thing in one place and another thing in a different place. Mr. Lefley stated that the body of the ordinance gives Staff direction as to handling the application. Mr. Eisenhart would like the word "adverse" to be re- considered under Sub - section g, page 2. He feels that this could be circumvented in some manner but he has no suggestion, at the moment, as to any means of correcting it. Mr. Lefley said that this is the right way to handle it because the garage is for the benefit of the MO owner anyway. Mr. Gutierrez stated that this is intended to be a buffer between a residential neighborhood and a commercial neighborhood. By reducing the interior setback, the residential neighborhood is affected. He is concerned that the reduced setback will bring the vehicles using the garage to 5' from the setback of any adjoining residence. Mr. Mackey said that height requirements are separately regulated within the Ordinance. Mr. Gutierrez feels that the height restrictions as stated will not prevent the possibility of a 12' wall being erected 5' from a residence. He is not against the parking garage but feels that it should be more restrictive. Ms. Lama reminded Mr. Gutierrez that there are only two areas in the City which accommodate this zoning and neither is adjacent to a residential district. Vote: Approved: 5 Opposed: 2 (Gutierrez) (Eisenhart) RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST BY STANLEY TOLEDO FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI FOR A VARIANCE FROM SEC. 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT CODE TO WAIVE SIDEWALKS, CURBS, 11UTTERS, PAVING, AND DRAINAGE FOR THE PROPERTY KNOWN AS 6314 S. W. 49TH STREET, SOUTH MIAMI, FLORIDA 33193 AND LEOALLY DESCRIBED HEREINBE'LOW WHEREAS, on June 30, 1991, the City Commission, upon hearing, passed Resolution No. -91 -, a copy of which is attached hereto as Exhibit "A ", regarding the property known as 6314 S. W. 49th Street, South Miami, Florida 33143 and legally described therein, authorizes the reapplication for waivers of subdivision improvements requested by Stanley Toledo for the aforesaid property, according to the City's standard application procedure, and; WHEREAS, Staff recommended "that the Board carefully consider and evaluate the proposal, in order to best recommend to the Commission the improvements most appropriate for this area and in the best interests of the citizens of the City of South Miami and neighbors "; and WHEREAS, on September 11, 1991, the Planning Board voted to approve the Request by a 5 - 0 vote, except that there be a requirement to place a sidewalk on north side of S.W. 50th Street adjacent to parcel E; 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 Stanley Toledo from the Planning Board of City of South Miami, Florida, for a variance from Sec. 20 -4.2 (C) (1) of the Land Development Code to waive sidewalks; curbs; gutters; paving; and drainage; except that there be a requirement to place a sidewalk on north side of S.W. 50th Street adjacent to parcel E, said Request for the property known as 6314 S. W. 49th Street, South Miami, Florida 33143, be, and the same hereby is, approved. r PASSED AND ADOPTED this th day of October, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR RESOLUTION N0.99 -91 -9159 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING REAPPLICATION FOR WAIVERS OF SUBDIVISION IMPROVEMENTS REQUESTED BY STANLEY TOLEDO WITHIN SIX MONTHS OF PREVIOUS CONSIDURATION OF THE ISSUE, PURSUANT TO SECTION 20 -6.1 (A) (3) (e) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI FOR THE PROPERTY KNOWN AS 6314 S. W. 49TH STRRFT, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, on February 5, 1991, the City Commission, upon hearing, passed Resolution No. 4 -91 -9080, a copy of which is attached hereto as Exhibit "A ", regarding the property known, as 6314 S. W. 49th Street, South Miami, Florida 33143 and legally described therein, gxanting certain waivers of subdivision improvements and deferring others requested by Stanley Toledo, and; WHEREAS, many of the improvements are not needed in the immediate area and would result in destruction of trees; and WHEREAS, the Mayor and City Commission recognize that to defer these waivers indefinitely would be costly and unjust. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1., The City Commission of the City of South Miami, Florida authorizes the reapplication for waivers of subdivision improvements requested by Stanley Toledo for the aforesaid property. PASSED AND ADOPTED this 30 th day of July, 1991. APPROVED: �AYOR "I'aUa, ATTE° CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY S--1-- r RESOLUTION N0. 4-91 -90$0 .'. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A WAIVER FROM SEC. 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT CODE FOR RZOUIRED SIDEWALKS, CURBS AND ^,UTTERS :N THE PUBLIC RIGHT -OF -WAX; AND A PARTIAL WAIVER FROM SEC. 20 -•1..2 (C) (1) OF THE LAND DEVELOPMENT CODE OF REQUIRED PASTING AND DRAINAGE IN THE PUBLIC RIGHT -07 -WAY; BOTH REQUESTS BY MR. STANLEY TOLEDO FROM THE PLXNNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA TOR THE PROPERTY KNOWN AS 6314 S.W. 49th STREET, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED HEREIN WHEREAS, Mr. Stanley Toledo requested the Planning Board of the City of South Miami as follows: i1) a waiver _4rom Sec. 20 -4.2 (C) (1) of the Land Development Cede for required sidewalks, curbs and gutters in the public :fight -of -vay; and (2) a partial waiver ---om Sec. 20 -4.2 (C) (1) of the Land Development Code of required paving and drainage in the public right -of -way; both requests for the property known aa c3i4 S.W. i�th St:.e_i, South Miami, Florida, which property is legally described as ollows: East 1/2 of the NW 1/4 of the HE 1/4 of the SW 1/4, less the South 125 feet and less the North 285 feet, of Section 24, Township 54 South, Range 40 East; lying and being in Dade County, Florida; WHEREAS, on November 27, 1990 the Planning Board voted to approve waiver request no. 1 with recommendations to the City commission (a copy of which is attached hereto) by a 5 - 1 vote and =o approve partial waiver zequeat no. 2 with recommendations to the City Commission (a copy of which is attached hereto) by a 5 - 1 vote; and WHEREAS, the City Commission Staff Report recommended the Board "carefully consider and evaluate" both requests; HOW, THEREFORE, bz; IT RESOLVED BY THE MAYOR "ND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Yect'lcn ? That request no. 1 cf Mr. Stanley Toledo vaivez from sec. 20 -4.2 (C) (1) of the Land Development Code for required sidewalks in the public right -of -way along the aforesaid legally described property be, and the same is, hereby approved as to the south side of S.W. 50th Street, provided that the applicant, Mr. Stanley Toledo, shall post a bond equal to 110% of the cost of the paving /drainage required, such that IL at any 4-uture date the City of South Miami shall end the present waiver in !uli or part, the improvement deferred hereby shall be constructed. As to all other required sidewalks, the request be, and hereby is, denied. section 2. That request no. 1 of Mr. Stanley Toledo for a waiver -4zom Sec. 20 -4.2 (C) (1) of the Land Development Code for required curbs and gutters in the public right -of -way along the aforesaid legally described property be, and the same is, hereby approved, provided that the applicant, Mr. Stanley Toledo, shall post a bond equal to 110% of the cost of the curbs /gutters required, such that if at any future date the City of South Miami shall end the present waiver in full or part, the improvements deferred hereby can then be constructed forthwith. Section 3. That request no. 2 of Mr. Stanley Toledo for a partial waivez from Sec. 20 -4.2 (C) (1) of the Land Development Code for paving and drainage required for the westerly portion of the public :fight -of -way in Southwest 63rd Avanue along the aforesaid legally described property be, and the same is, hereby granted, provided that the applicant, Mr. Stanley Toledo, shall post a bond equal to 110% of the cost of the paving /drainage required, such that if at any future date the City of South Miami shall and the present waiver tin full or part), the improvements deferred hereby can then be constructed forthwith. Section 4. That request no. 2 of Mr. Stanley Toledo nor a 2 partial waiver from Sec. 20 -4.2 (C) (1) of the Land Development Code for paving and drainage required for the public right -of -way for S.W. 50th Street along the south of the aforesaid legally described property be, and the same is, hereby granted, provided that the applicant, Mr. Stanley Toledo, should post a bond equal to 110% of the cost of the paving /drainage required, such that if, at any future date, the City of South Miami shall end the present waiver (in full or part), the improvements deferzed hereby can then be constructed forthwith, and further provided that the requested waiver be, and hereby is, denied for that portion of S.W. 50th Street, described as follovs: the northernmost 25 feet and the westernmost 120 feet, which is the frontage to parcel "E" shown on the plat dated January 71 1992.. PASSED XND ADOPTED this 5th day of February, 1991. APPROVED: MAYOR 1�. READ AND APPROVED AS TO FORM: CITY ATTORNEY 3 c] EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTIONi The East 4 of the Northwest K of the Northeast K of the Southwest K, less the South 123.00 feet and less the North 283.00 feet of Section 24, Township 34 South, Range 40 East, lying and being in Dade County, rlorida. Also Known Ass PARENT TRACTi The South 250.00 feet of the North 333.00 feet of the East Y of the Northwest K of the Northeast K of the Southwest K of Section 24, Township 34 South, Range 40 East, lying and being in Dade County, Florida. A- Lief 4]W:1 The West 120.00 feet of the South 100.00 feet of the North 383.00 feet of the East 4 of the Northwest K of the Northeast K of the Southwest K of Section 24, Township 34 South, Range 40 East, lying and being in Dade County, Florida. The South -6.5.00 feet of the North 330.00 feet of the East Y of the Northwest K of the Northeast K of the Southwest K of Section 24, Township 34 South, Range 40 East, less the West 120.00 feet and reserving the East 23.00 feet for road purposes, less the external area forayed by a 23.00 foot radius arc concave to the Southwest and tangent to a line that is parallel to and 23.00 feet South of the centerline of S.N. 49th Strut and tangent to r line that is parallel to and 25.00 feet W*st.of the centerline of S.W. 63rd Avenue, lying and being in Dade County, Florida. PARCEL "C` The South 69.00 feet of ttla North 419.00 feet of the East Y of the Northwest K of the Northeast K of the Southwest K of Sectiuor 24, Township 34 South, Range 40 East, less the West 120.00 feet and reserving the East 23:00 feet for road purposes, lying and• being in Dade County, Florida. PARCEL "D"s The South 66.00 feet of the North 483.00 feet of the East Y of the Northwest K of the Northeast K of the Southwest K of Soctiurr 24, Township 34 South, Range 40 East, less the West 120.00 feet and reserving the Cast 23.00 feet for road purposes, less th" external area formed by a 23.00 foot radius arc concave to thv Northwest and tangent to a line that is parallel to and 223.00 feet South of the centerline of S.W. 49th Street and tangent to r line that is parallel to and 23.00 feet West of S.W. 63rd Avenue, lying and being in Dade County, Florida. PARCEL "E "i The West 120.00 feet of the South 100.0() feet of the North 483.00 feet of the East A of the Northwest K of the Northeast K of thrr Southwest K of Section 24, Township 34 South, Range 40 East, lying and being In Dade County, Florida. >P PLANNING BOARD MINUTES - EXCERPT 9/11/91 .' cpsna APPLICANT: STAN TOLEDO REQUEST: WAIVER OF SUBDIVISION IMPROVEMENTS PURSUANT TO SECTION 20 -4.2 ( C ) (1) OF THE LAND DEVELOPMENT CODE, MODIFYING RESOLUTION NO. 4 -91 -9080. LEGAL: EAST 1/2 OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4 LESS THE SOUTH 125 FEET AND LESS THE NORTH 285 FEET OF SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING AND BEING IN DADE COUNTY, FLORIDA. LOCATION: 6314 SW 49 STREET SOUTH MIAMI, FLORIDA Mr. Eisenhart read the request. Attorney Steve Helfman signed in, representing the applicant. The property in question is approximately 1.88 acres along the west side of 63rd Avenue between Mr. Eisenhart read the request. Attorney Steve Helfman signed in, representing the applicant. The property in question is approximately 1.88 acres along the west side of 63rd Avenue between 49th Street on the north and 50th Street on the South. It has been divided into five lots, having been approved by the City and Dade County through a waiver of plat process. Mr. Toldeo appeared before this Board on November 27th, 1990 requesting the Board to recommend to the Commission that certain sub - division improvements for this 5 lot subdivision be waived. Those improvements virtually surround the 1.88 acres. The Board recommended approval of all those improvements which included curbs and gutters, some sidewalks and some pavement. The Commission followed this Board's recommendation on February 5th, 1991 and granted a "waiver of these improvements" conditioned upon the posting of a bond in the event that these improvements were desired at some time in the future by the City, with no specific date and no indication of when these improvements might have to be done or when the bond would be called. Tonight's request to this Board is that they, again, recommend to the Commission that these improvements be waived instead of, in effect, "deferring" to some future date. The applicant wants a waiver, not a deferral. There being no time limitation on this bond makes it impossible to meet since no lending institution will agree to any unspecified date when it may be called. This is an imposition on the owner of the property and the purchasers of these lots. Another reason for the waiver is that there is no foreseeable need for any of these improvements. Each of the properties fronts on a street, there is access to the properties. Curbs and gutters have not been required anywhere in a residential subdivision within the City. City Code provides that curbs and gutters and all the subdivision improvements should be in accordance with Chapter 28 of Dade County Code. The applicant has met with the County to obtain their criteria for curbs and gutters, which is solely limited to commercial, industrial and multifamily - residential areas. Pavement is neither needed nor desirable. Sidewalks are required along the south side of 50th Street, not on this property but across the street. The only item being requested which was not included in the initial request is a sidewalk along the north side of 50th Street. There is really no need for a sidewalk at that point. Therefore, this request is to nermar ent y •aa ° -= z-, dawalA% &lung Che north side of 50th Street. This ended Mr. Helfman's presentation. At this point, the Chair opened the Public Hearing for those wishing to speak for this request. Mr. Jock Mitchell, 5500 SW 63rd Ave., stated that he agrees with Mr. Toldeo's request as stated above. The street is considered half a street even though there is two -way traffic. If the street can remain that size, Mr. Mitchell sees no reason for a sidewalk. He would like to see as little change as possible to come to the neighborhood. There being no others to speak for the request, the Chair called for those wishing to speak against the request. Mr. Bob Koehneisen, 6360 SW 50th Street, stated that he is only partially against the request. He remembers the original approval by this Board as Mr. Toledo's having to set aside money for the portion of the street that did not go through 50th Street and the sidewalks on the other side. He, then, had the option of building the other part. Mr. Koehneisen agrees with the request to waive completing the through- street as well as waiving the cost of sidewalks on the south side of 50th Street. Mr. Koehneisen remembers this Board having required Mr. Toldeo to comply with the rest, including the sidewalk down 50th Street, making it compatible with the rest of the neighborhood. This is the part of the request which Mr. Koehneisen wishes to have complied with. He is also concerned that, without the sidewalk, there will be a drainage problem. Dr. Danielle Wellman, 63rd Avenue and 50th Street, spoke for the widening of 63rd Avenue, with sidewalks all the way around. There being no one else to speak either for or against the request, the Public Hearing was closed and Executive Session declared. Staff was asked for a recommendation. Mr. Gutierrez made a motion to grant the request as stated. Motion dies for lack of a second. Director Lama stated that there is a mistake in the request. It is, actually, a request to waive the sidewalk on the north side of 50th Street, not the west side of 63rd Avenue as written. Ms. Lama further clarified by stating that this is a new application as opposed to the one which came before this Board several months ago requiring the posting of a bond. This request is for the waiving of that bond which, if permitted, could place the City in the position of having to fund these improvements should they be needed at some future date. Mr. Eisenhart made a motion to: (a) to waive the sidewalk south of 50th Street (b) to waive all curbs and gutters (c) not waive paving & drainage west of 63rd Avenue (d) not waive sidewalk north of 50th Street (e) not waive paving and drainage of 50th Street Motion dies for lack of a second. Ms. Lama stated that this is a policy decision to be made by this Board, regarding which, Staff can offer no opinion as to its worth. Chairman Ligammare re- opened the Public Hearing to allow those other members of the public wishing to make statements to do so. Mr. Raymond Ibarra, owner of parcel C on 63rd Avenue and Mr. Pedro Fernandez, owner of parcel A which does not front on 63rd Avenue signed in. They do not want the widening of 63rd Avenue and want the sidewalk to go to 50th Street but not along 50th Street, either north or south. They .expressed their agreement with the requests made by Mr. Helfman. Mr. Stan Toledo signed in and spoke about the widening of 63rd Avenue, stating that if this were done, it would create a wide street which suddenly narrows at a residential driveway. This portion of the Public Hearing was closed and Executive Session declared open. Mr. Parr made a motion to approve the request made under PB -91- 028, with the exception of the sidewalk on the north side of 50th Street adjacent to Parcel E. (This is the 120 feet of sidewalk on 50th Street) Seconded by Mr. Gutierrez. Vote: Approved: 5 Opposed: 0 Mr. Eisenhart wished to make certain that there is a requirement to place a sidewalk on SW 49th Street and on 63rd Avenue. S TAF F REPORT SEPTEMBER 11, 1991 o 1 APPLICANT: STAN TOLEDO REQUEST: WAIVER OF SUBDIVISION IMPROVEMENTS PURSUANT TO SECTION 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT CODE, MODIFYING RESOLUTION NO. 4 -91 -9080. LEGAL: EAST 1/2 OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4 LESS THE SOUTH 125 FEET AND LESS THE NORTH 285 FEET OF SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING AND BEING IN DADE COUNTY, FLORIDA. LOCATION: 6314 SW 49 STREET SOUTH MIAMI, FLORIDA ANALYSIS:_ RESOLUTION NO. 4 -91 -9080 WHICH WAS ADOPTED ON FEBRUARY 05, 1991 SUMMARIZES: THE APPLICANT IS REQUIRED TO INSTALL ALL SIDEWALKS, CURBS, GUTTERS, DRAINAGE AND PAVINGS ALONG THE AFORESAID LEGALLY DESCRIBED PROPERTY EXCEPT: WAIVER OF: LOCATION CONDITION ---------------------------------------------------------- - - - - -- SIDEWALK CURBS & GUTTERS S. OF SW 50 ST. ALL PAVING & DRAINAGE W. OF SW 63 AVE. PAVING & DRAINAGE SW 50 ST. EXCEPT 251x1201, FRONTAGE OF PARCEL "E" W /BOND = 110% OF THE COST W /BOND = 110% OF THE COST W /BOND = 110% OF THE COST W /BOND = 110% OF THE COST THE APPLICANT IS REQUESTING THE SAME WAIVERS WITHOUT THE POSTING OF THE BOND FOR 110% OF THE COST. ALSO REQUESTING: WAIVER OF: LOCATION ------------------------------ - - - - -- SIDEWALK W. OF SW 63 AVE. CONDITION -------------- - - - - -- NO BOND RECOMMENDATION:_ STAFF RECOMMENDS THAT THE BOARD CAREFULLY CONSIDER AND EVALUATE THE PROPOSAL, IN ORDER TO BEST RECOMMEND TO THE COMMISSION THE IMPROVEMENTS MOST APPROPRIATE FOR THIS AREA AND IN THE BEST INTERESTS OF THE CITIZENS OF THE CITY OF SOUTH MIAMI AND NEIGHBORS. opt- City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING ON WEDNESDAY, SEPTEMBER 11, 1991, AT 7:30 P.M. IN THE COMMISSION CHAMBERS, THE PLANNING BOARD /LOCAL PLANNING AGENCY OF THE CITY OF SOUTH MIAMI WILL CONDUCT A PUBLIC HEARING ON THE FOLLOWING MATTER. APPLICANT: STAN TOLEDO REQUEST: WAIVER OF SUBDIVISION IMPROVEMENTS PURSUANT TO SECTION 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT CODE, MODIFYING RESOLUTION NO. 4 -91 -9080. LEGAL: EAST 1/2 OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4' LESS THE SOUTH 125 FEET AND LESS THE NORTH 285 FEET OF SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING AND BEING IN DADE COUNTY, FLORIDA. LOCATION: 6314 SW 49 STREET SOUTH MIAMI,"FLORIDA 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 15 TO BE BASED. (F. S. 286. al 05) 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. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING, THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARDS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATE, INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. 0/000* "8100 -7 uz Rev. 12 -9-01 PLANNING BOARD '.-THIS IS A COURTESY NOTICE I �_ •• t.. .. � � I j � I .Dodo I Qounivl I I� i i 1i 40, -- � — ROAD— i I ;' rIJ %. r Y y I/ r � I I � I; My YIrr1 r•I •.I �I , 1 r ! I rV rh•l ,IJ Mt•er .i 1 t r^ � r!. wlt / r • ll/ I ! r � ♦ 1 I !! , / J/Y `-��/ /! � • `• .� u w rgwlrr r/L•IYlrr I :• r . I .. V �� � � •� •� I Ie ..�1/OV Gounlr irr ..I r / I . I. .. • . f . rr ..I I- .IIw • •✓ Q� l 1 r •lla rl,. a ..Irlrrpl+ 1 ��� I I npn•.•no �..� � 1 r/ YIaL•I'Ip Ylnln lu l r • .. r1 • I u ^� � .r l . I �W ^�.Jr.L� I rr I I• j y ! I ^ NP •♦ 1 I Ir 7 rl I • .I l a pw /a l �• •r .• Y r/ I ,� 5 1 ..I, I. r .y • I 1. r• l r Y ^I 'la Y C'oQAC mum m..ft CAA'F I O —� DLUC Sf—}} . F1 '� I•rii. j 7 ! `r;s�.�i e s l i t I i 'C (!9 '/•S) ti l L •a .�s I er VI�f� I �^`• ... n f I� V A I9 ✓ I SW S. aormok 25 24 122 t r t i Q ! J. QrT 1 r1 I Q Q I 1 I 1",-, APPLICANT: S�QY1 Ip `Cd0 OWNER: C- MAP REFERENCE: COMMENTS: 1 TY of I o� 5out / /aml �Pu6lic Z� W) 6P314 'bw 4.9 s9'rceA Revision To Re/b. * 4 -11-- `lot O � �cc' ►vi S�or1 �.rn��ytmc.►� is MUTW MIAMI ^& PLANNING 50ARD Compass Scale. Q. .T. S • • • Date. 9 - kk l` .... Drn ...... Chk..... Hearing Noct t., 028 WEISS SEROTA & HELFMAN, P. A,. ATTORNEYS AT LAW 266E SOUTH 6AYSHORE ORIvE STEPHEN J. HELFMAN .JOSEPH H. SCROTA RICHARD JAY W(ISS Hand Delivered Ms. Sonia Lamas Building and Zoning City of South Miami 6130 Sunset Drive South Miami, Florida SUITE 204 MIAMI, FLORIDA 33133 Department 33143 August 5, 1991 RE: Zoning Application for Stan Toledo (the "Anplicantl') Dear Ms. Lamas: TELEPHONE (303) 854.0500 TELECOPIER (305) 854.2323 Our firm represents the above captioned Applicant. The Applicant is seeking a modification of Resolution No. 4 -91 -9080 (the "Resolution "), copy enclosed, dealing with waivers of subdivision improvements as set forth in Section 20- 4.2(c)(1) of the Land Development Code for the City of South Miami. v The Applicant seeks a waiver of subdivision improvements and not a deferral of subdivision improvements. Therefore, the Applicant hereby requests that the Resolution be modified as follows: 1. All Sections of the Resolution. Delete the language which requires the Applicant to post a bond for future subdivision improvements. Either the subdivision improvements are waived or they are required. If they are waived, the Applicant should not be held responsible for these improvements either financially or otherwise. Applicant agrees to construct the improvements prior to ob a�ining a Certificate of Occupancy for the units to be constructed on the property. 2. Section 1 of the Resolution. Except as provided for in Section 1, above, and in addition to the approved waiver for sidewalks in the public wright -of -way along the south side of S.W. 50th Street, the Applicant requests that the sidewalk along the west side of S.W. 63 Avenue also be waived. 3. Section -2 of the Resolution. Except as provided for in item 1 above, the Applicant agrees with the City's approved waiver of curbs and gutters for the property. 4. Section 3 of the Resolution. Except as provided for in item 1 above, the Applicant agrees with the City's approved waiver of the paving and drainage requirements for the westerly portion of S.W. 63 Avenue fronting the property. 5. Section 4 of the Resolution. Except as provided for in item 1 above, the Applicant agrees with the City's approved waiver of the paving and drainage requirements for the south one -half of S.W. 50 Street and agrees to provide paving and drainage on the northernmost 25 feet and the westernmost 120 feet of the North one - half of S.W. 50 Street, as more particularly set forth in the Resolution. The granting of these waivers will help preserve the unique environmental characteristics in and around the property. The approval of these waivers do not confer any special privileges on the Applicant; to the contrary, it will allow the Applicant to develop the property in accordance with those properties in the immediate neighborhood. Thank you for your consideration to this matter. Please let me know if you have any questions .or require additional information. Sin e , Gilberto Pastori GP /sk cc: Mr. Stanley Toledo WEISS SEROT . & HELFX", P.A. M 2 N U T E S Plarzrzing Board Tuesday November 27, 1990 VUUUiJJ.a, V�1C1 �+� ...�a atUL CtJ 7:30 PM A. Call to order and the Pledge of Allegiance to the Flag of the United States of America. B. Roll Call. dip Larry Ligammare Manuel Gutierrez, Jr. John Lefley (arr. 7:35) Diana Gonzalez Sharon Jenkins Robert Parr Absent John Eisenhart Also present were; Sonia Lama, B & Z Director; Bill Mackey, Planner and Pat DeLisa, Board Secretary. C. The Minutes of November 13, 1990 were approved with the inclusion that Mr. Parr had been tardy. Motion to approve by Ms. Gonzalez, seconded by Mr. Parr. Vote: Approved: 5 Opposed: 0 D. Public Hearing. Chairman Ligammare called upon Staff to explain the reason for this request being brought to a Public Hearing for the second time. Mr. Mackey stated that, in the interest of proper notice, he had discussed the previous notice with the City Attorney who felt that, inasmuch as the partial waiver of paving was not included in the first notice, it would be proper to re- notice and repeat the hearing to include proper notice to the community of all the items that were reviewed by this Board. This will proceed on schedule to the Commission for final hearing on December 4th. Tonight's hearing is to replace the previous one held November 27th. u 4w= Applicant: Stan Toledo Request #1: Waiver of required sidewalks, curbs and gutters in the public right -of -way per Section 20 -4.2 (C) (1) of the adopted Land Development Code. PB Minutes 1 1 -27, 1990 *000 A4 �0) Request #2: Partial waiver of required paving and drainage in the public right -of -way per Section 20 -4.2 (C) (1) of the adopted Land Development Code. LI1L HE 1/ less the South 125 feet and less the4 North �285wfeet of Section 24, Township 54 South, Range 40 East, lying and being in Dade County, Florida. Location.: 5314 SW 49 Street Chairman called the Public Hearing open and asked Mr. Parr to read the request. Mr. Ligammare stated that Mr. Toledo would give a brief synopsis of the proposal and that only issues not covered in the meeting of November 27th would be addressed tonight. Regarding the subject of sidewalks meandering around the trees on 49th Street, Mr. Toledo stated that he had engaged a tree expert to look at the trees which had been discussed at the last meeting. The tree expert had advised that anv sidewalks which may be installed must be far enough away from the base of the trees to prevent their being harmed. The middle parcel (Parcel B) of the property has four trees which are in the easement. if the sidewalk is installed as has been suggested, it will encroach on private property. To go in the opposite direction would place the sidewalk only 2 feet from the street and interfere with its drainage. The third alternative is to cut the trees down. He said that if those parties who are interested were to inspect the property, they would see the merit of not putting in the sidewalk at all. As regards the "Tee" which he had proposed during the last meeting, in answer to the request of the Board to find an alternate plan to the "Tee ", he suggested the use of a "half -ess" in a 12 ft private drive. Mr. Toledo said that once the City has determined what he is to do regarding the sidewalks and streets, he suggests that he delay the installation of these sidewalks and streets and allow him time to make agreements with the buyers that it will be their responsibilities to install these sidewalks and streets. This will prevent the destruction of the sidewalks and streets while any future construction is in progress. Ms. Gonzalez asked about the proposed alternate entrance to Parcel F and the attempt to save trees n117 & "118. Mr. Toledo stated that he suggests making 50th Street dead -end and stay at least 8' away from the root system of those trees. The street will circle ar::und the extreme Southern boundary of the property line. This wi-Il not interfere with the green space which is the required 50 ft of dedicated property. PB Minutes C� J 2 / 11 -27, 1990 Mr. Leflev questioned the part played by HRS in this project to which Mr. Toledo explained that HM has a requirement that, in order to have drain fields the sq ft of the property be a minimum of between 10,000 and 11,000 sa ft and does not include the riaht or way. oi,c requirements are 15,000 sq ft cum aiiow noes =ne measurement from the center line of the street. The resident at 6369 SW 50th Street signed in. His only ebjec-ion is, once these proceedings and requirements are made a part of the record and the properties are sold and are in the hands of other people, those people may return at a later date, asking for other variances. He believes that Mr. Toledo should submit a completed plat with all covenants so that it cannot be changed at a later date. This should ensure that future owners cannot subdivide these lots. Mr. Frank Tuggle of 6259 SW 50 Street signed in and stated that the two trees previously mentioned should be cut down and the sidewalk placed there. Mr. Bill Candell signed in and stated that he would like to see the motion made by Mr. Gutierrez at the last meeting approved unanimously. In addition, he asks the Board to require that the maintenance of the proposed green space be paid by the develoo_er. The Public Hearing was closed and Executive Session called. Mr. Leflev asked Staff to clarify Request "2. Mr. Mackev stated that Request #2 deals only with paving and drainage. Mr. Lefley stated that the public here tonight should be made aware that this meeting tonight deals only with those items listed in Requests ml and "2 and not with future platting, covenants or anything else which may relate to the future of this property. He also suggests that a split sidewalk around the trees be considered. There being no other questions from the Board, Mr. Ligammare called the Executive Session to a close and asked for a Motion. Motion by Manuel Gutierrez, Jr. Request T1: "I would like to make a motion to approve Request #1 which is granting the waiver of the required sidewalks, curbs and gutters in the Public Right -of -way per Section 20 -4.2 (C) (1) of the adopted Land Code with the following recommendation to the City Commission. That the sidewalk requirement on SW 49th Street (on the North side of the property in question) shall not be waived. Said sidewalk to be constructed as per Citv of South Miami standards as much as possible, considering that adjustments shall be made in the sidewalk design to avoid cutting down any mature trees whenever practically possible. The owner shall prepare and submit to the City Commission a survey showing the proposed sidewalk and existing trees in the property. Said submittal shall be made prior to or in conjunction with the owner's building permit PB Minutes 3 �:1 -27 , 1990 application for any development of the lot in question or part of it. Recommendation #2: That this waiver is not perpetually granted and the City of South Miami has the right, at any time, to amend that the applicant or future owners of the property will complete the balance of the required sidewalks, curbs and gutters." Seconded by Mr. Parr. Vote: Reauest #2: Approved: 5 Opposed: 1 (Jenkins) Manuel Gutierrez, Jr.: "I would like to make a motion that Request 112 will be approved and grant the partial waiver of the required sidewalks, curbs and gutters in the Public Right -of -way per Section 20 -4.2 (C)(1) of the adopted Land Development Code with the following recommendation to the City Commission. I would like to recommend that an alternate paved access be submitted other than the one presented to us todav in the blueprints. Said alternate plan will be presented in the way of a survey, again showing the proposed paved access and the mature trees in the property, avoiding cutting down the two trees whenever practically possible. This submittal to the City Commission is to be made prior to or in conjunction with the owner's building permit application for any development of the lot in question or subsequent owners." Seconded by Mr. Parr. Vote: Approved: 5 Opposed: 1 (Jenkins) Ms. Gonzalez made a motion to recommend that Parcel E be dedicated as a greenspace as was contained in the Planning Board Minutes of November 13, 1990. Seconded by Mr. Parr. Vote: Approved: 6 Opposed: 0 A five minute recess was called by the Chairman. �J = 1X31ti. city of south Miami PLANNING BOARD NOTICE OF PUBLIC HEARING an Tuesday, November 13, 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. On Tuesday, December 4, 1990, 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. PB -90 -018 Applicant: Stan Toledo Reauest: Waiver of required sidewalks, curbs and gutters in the public right -of -way per Section 20 -4.2 (C) (1) of the adopted Land Development Code. Lega:1: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4 less the South 125 feet and less the North 285 feet of Section 24, Township 54 South, Range 40 East, lying and being in Dade County, Florida. Location: 6314 SW 49 Street YOU ARE HI:IZEBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY Mo \TTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEIIDIIIGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO - CEEDING!; iS MADEF WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO HE BASED. (F. S. 286. 0105) PUBLIC HEA /LING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI. FLORI DA9 AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN Frh_RSON AT THi: HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIG14T TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT `► FUTURE 17J.TE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECT CIR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INCUIRY. PLANNING BOARD P58100 -7 aZ ncu. 12 -9-61 THIS IS A.COURTESY NOTICE RIClr %D AL AT © OAO& COfNy y JJ• ,,. ' - 48th. 6340 6770 'J• ,liJ• 4710 4700 6 ' J Z I �• OA01C - -- --� -- ; TRAG T ! ) Z. 7-4 A 8671! O JI fill 9 $ e 6701 �' ,)i,• Zt4OX COVNrr 2 J cuvE cYwHrr+ U. 0 0 r 1 RAGT I Qr r Z.ss•,�c ♦ f a�qc' 'w rif IJl.i' go, O '0. 7227F- 77 76 ,,I ;� 74 A 6 c ��r, TRAGT /I AW-4 4C. _ 6727 6 6711 07 • �' ' DADE GOON SW. 50th. - I / I � I � ,1 � U () 0 MAILING AREA REQUIRED APPLICANT: Stan Toledo 8711 S.W. 185 Terr. ' •WNER: Miami, FL 33155 "AP REFERENCE- : 6314 S.W. 49 St. �omcass `'TS : Waiver of Right of Way c a! e j3S. ShAW.n, . , , Improvements Date.ii -02 -90 Drn. .Chk. CITY of WUTU MIAMI PLANNING 15OARD .... Hearing Vo.PB90 -018 \�J Pro Aty of South Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANK NG BOARD STA44 LEY Tb' i et 'A4 30WT iEA"4 wI PT. Cr�5�.� Signature . Address : X11 i J T Phone Number: �305� 2 33 _ 82� A i Represented By: �� �cl_ Organization: OWNER Address • 3AMS Phone: I � Architect: Phone: Engineer: 41 FLgnLL 4�CC INC, Phone: 262- 775 Owner Option to purchase _ Contract to purchase _ Copy attached? If ap Aiic a nt is not owner, is letter of authority from owner attached? ILot(s) LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Block Subdivision W� Metes and Bounds: 5 tip. o� N W 'ly a� N E `!y o 5 vU' ��� ' ess 5.. i2.5 rl. le,� N, 2 �S -f4,er2 o•f', sect. 2q , Tw P S `f 50. , R e ayrt, 1 y� �. i.tic, i.� �1oE►d�., � =� ►`�� I, a7 i�S 'A /L �foLco O07�d� 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: WAIvE.-1-P- Or IµPiz-':.v 17 -11 :PU % t. ► C tt Cti21 N (f IZ C= C ,-, I (Z WA, v e,(z ,D F -?L A--r : UATiZ-?Z 17-A ) No 705u i C f- �- ��rr•�(� k�r�`�i�t X Letter of intent P' r r`� �-; m-i NVT 4%4 udal . I e-H -e�- .. Proof of ownership SUBMITTED MATERIALS Hardship statement Power of attorney X Reasons fpr change 5ee ,- tt "rd. l ef�er Contract to purchase Current survey Site plan (copies) L Required fee(s) The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's knowledge and belief. Date Applicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE FILED ACCEPTED REJECTED DATE PB HEARING 77- COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED yY• Y • al •1- r• , Before me personally appeared Stanley Toledo and Irwin Raskin, Trustee to me well knmm and kcxwm to me to be the persons described in and who executed the foregoing instnment, and acknowledged to and before me that they executed said instnuaent for the composes therein expressed. WITNSS my hand and official seal, the 16th Day of October, 1990. Notaxy Publit, Stat* 6f Florida My Oarmnissicn Expires: VOTARY PU?L:" STATE OF FLORIDA NY COkBISnivi EXF. Kv 19.1520 601M TH,;.: GEii:n:a 1'::. LIBD. K'I Letter of Intent for Portion NOT Inc-luded M: Folio #09-4024-000-0750 Of NE 1/4 Of SW 1/4 less S 125 Ft. andLleesasl description: E -1/2 of NW 3./4 24, TOWnship -94 South, N 285 Ft. thereof, Section Florida as 1.87 acres, )I/L Range 40 East, lying and being in r)ArP _ C=JtYJ We are regjest'ng Hof Plat for 250 Ft. of the rh Pion acent lairbiove Paroel* X'etaini� the south 25 Ft. to sell to thrs,, Of the � owners directly scxrth and c=rtiguOus to • said ra:aperty. Witness 7—)02-1s� itness J -.. / � XZ55�-� witness ZStanl—eyr To -uVIn Raskin, Tzvstee Before me personally appeared Stanley Toledo and Irwin Raskin, Trustee to roe well 3crXmn and lax� to me to be the persons described in and who 0mouted the foregoing Instnment, and acknowledged to and before me that they executed said instnmient for the purposes therein expressed. WITNESS =y hand and official seal, the 16th Day of October, 1990. MY Commission Expires: ADTAqY POHL= STATE 0: rtoalo4 ry MC Ni-ri% We ragnest that the subject property be developed with the intent Mimaact chn the t natuzal negative -itY - that -1y a small, f� t�s g duets ed or at id public hearing yield OO a street or replaced. pcx Tb c mtiz1Ue S.W. 50th Street as thru the saithezn portion of the pamperty would mean destroying over twelve, stately, beautiful trees that are nesting sights for s l;rreis and birds. The s Increased tyles of long - established traffic will hinder the life D cherish the privacy affaar+ded near the street that has section and res idents with yamg ciild playing Very little traffic W. ' Street. The r1-`oontinuaticn of the street would 1y along S.W. 50th since the street staggers at S.W. 64th Avenue. traffic The mate streets within the city limits of this South Miami neic boZhood are totally free of sidewalks. to the The lack of sidewalks adds l beauty s� n Brous trees flourish where sidewalks would exist.... thus no sidewalks. We request that the pavement on S.W. 63rd Avenue not be widened from S.W. 49th Street and S.W. 50th Street, as it would not serve to enhance traffic flow.... nor would it have to be made a ozje-way street since the pavement is narrow sow with two_ road is preferred by neighbors since it Y traffic. The r�-X=v teals setting as it retainer the character of the Miller Raid. southward over one -half mile to The southwest corner of the property that abuts the dead -end of S.W. 50th Street has a cluster of trees in that corner. Tb prese-tw the trees, the street access to one lot in that same corner would only be a om1t= ation of the dead -end that omplies to Dade County street lion codes. However, a T-turn Will be constructed to provide easy turn-around for vehicles entering the dead -end. : There is a definite hardship t runs with the nature of the land if all street and sidewalk reguired wrens ey Tbl ILW1n RdSk , Tnlstee Before me personally appeared Stanley Toledo and Irwin Raskin, Trustee to me well known and known to me to be the persons described in and who a minted the foregoing instn�, and acka=ledged to and before me that they executed said instrUMertt for the purposes therein expressed. WInCES.S my hand and official seal, the 16th Day of October, 1990. My C=Mi scion Evires: NOTARY PUBLIC STATE OF FLORIDA NY CCM9ISSIOP EXP. GOY 18,1890 BDRDED THPU GENVAL I.S. USD. -' Ar fq Ar 10 zz- f S TAF F R E P ORT PB -90 -018 Applicant: Stan Toledo November 23, 1990 Request #1: Waiver of required sidewalks, curbs and gutters in the public right -of -way per Section 20 -4.2 (C) (1) of the adopted Land Development Code. Request #2: Partial waiver of required paving and drainage in the public right -of -way per Section 20 -4.2 (C) (1) of the adopted Land Development Code. Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4 less the South 125 feet and less the North 285 feet of Section 24, Township 54 South, Range 40 East, lying and being in Dade County, Florida. Location: 6314 SW 49 Street ANALYSIS The applicant seeks to waive the requirement to provide sidewalks, curb, gutter and provide an alternative paving plan for those three dedicated rights -of -way surrounding the property. The applicant intends to develop the property with five single - family residential homesites. RECOMMENDATION The staff recommends that the Board carefully consider and evaluate the proposal, in order to best recommend to the Commission the improvements most appropriate for this area and in the best interests of the citizens of the City of South Miami and neighbors. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST BY THE SCHOOL BOARD OF DADE COUNTY, FLORIDA FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI FOR THREE VARIANCES FROM SEC. 20 -3.5 (C)(3) OF THE LAND DEVELOPMENT CODE TO ALLOW A ZERO (0) FEET REAR SETBACK FOR A PROPOSED ADDITION; TO ALLOW A BUILDING COVERAGE OF THIRTY EIGHT PERCENT (38%); TO ALLOW AN IMPERVIOUS COVERAGE OF SEVENTY SIX PERCENT (76%) AND ONE VARIANCE FROM SEC. 20 -3.5 B (12) OF THE LAND DEVELOPMENT CODE TO REQUIRE NO ADDITIONAL PARKING SPACES WHERE TWENTY SIX (26) PARKING SPACES ARE REQUIRED FOR A PROPOSED ADDITIONr' FOR THE PROPERTY KNOWN AS 6750 S.W. 60TH STREET SOUTH MIAMI, FLORIDA 33143 (A PUBLIC FACILITY, SPECIFICALLY SOUTH MIAMI MIDDLE SCHOOL) AND LEGALLY DESCRIBED HEREINRELOW WHEREAS, The School Board of Dade County, Florida requested the Planning Board of the City of South Miami for three variances from Sec. 20 -3.5 C (3) of the Land Development Cade: 1. to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback for a nonconforming dimension is zero (0) fAet and a minimum twenty five (25) feet rear setback is required; 2. to allow a building coverage of thirty eight percent (38 %) where the existing building coverage for a nonconforming dimension is thirty four percent (34 %) and a maximum of thirty percent (30 %) is permitted; and 3. to allow an impervious coverage of seventy six percent (76%), where the existing impervious coverage for a nonconforming dimension is seventy three percent (73 %) and a maximum of forty percent (.40 %) is permitted. and one variance from Sec. 20 -3.5 B (12) of the Land Development Code: 1. to require no additional parking spaces where twenty six (26) parking spaces are required for a proposed addition. all said requests for the property known as 6750 S.W. 60th Street, South Miami, Florida 33143, which properly is legally described as follows: and The North 249.85 feet if the NE 1/4 of the SE 1/4 of Section 26, Township 54 South, Range 40 East, Less the North 25 feet and the East 35 feet thereof and that portion which lies within the external area formed be a 25.00 foot radius area concave to the southwest, tangent to the West line of the East 35.00 feet of the NE 1/4 of the NE 1/4 of said Section 26 in Dade County, Florida; WHEREAS, Staff recommended against the Requests as they are variances from the Code provisions, and WHEREAS, on September 24, 1991, the Planning Board voted to approve the requests by a 5 - 1 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1` That the Request of the School Board of Dade County, Florida from the planning Board of City of South Miami, Florida, for three variances from Sec. 20 -3.5 (C)(3) of the Land Development Code: a. to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback for a nonconforming dimension is zero (0) feet and a minimum twenty five (25) feet rear setback is required; b. to allow a building coverage of thirty eight percent (38 %) where the existing building coverage for a nonconforming dimension is thirty four percent (34 %) and a maximum of thirty percent (30 %) is permitted; and c. to allow an impervious coverage of seventy six percent (76 %), where the existing impervious coverage for a nonconforming dimension is seventy three percent (73 %) and a maximum of forty percent (40 %) is permitted, all said requests for the property known as 6750 S.W. 60th Street, South Miami, Florida 33143, be, and the same hereby are, approved. Section 2. That the Request of the School Board of Dade 2 .�'�� �? ��c: �: :.:.� ^.JY*,S7S- �ar�`'�'�_"•.;'° -r �.i. =.a!t '^:i?—�x.fLY..:i;^..c °? __..^^:^`r:_:.c � t. �; r �.t. .r— � - -._. _ _ - _."..__.. ... _ County, Florida from the Planning Board of City of South Miami, Florida, for one variance from Sec. 20 -3.5 (B)(12) to require no additional parking spaces where twenty six (26) parking spaces are required for a proposed addition of the Land Development Code fnr the property known as 6750 S.W. 60th Street, South Miami, Florida 33193, be and the same hereby is approved. PASSED AND ADOPTED this th day of October, 1991. ATTEST: CITY CLERK � READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 3 _.. I � ^�I �1 J U SO&- M /AM/ SENIOR !94•v SCNax APPLICANT:- .1,4d 5 � , � ac G J �• . �/. C r OWNER:_ ... P REFERENCE: &75Q Sw OMMENTS : jfea, Covtra G h �rance.5 _ Sc - 3 J4 CITY o;: souru MIAMI ^& p �4.�►B,Z TANNING 5OARD Compass t Scale w . tom. (#C o.. Date. - cf,7Q...5 1 . Drn S(;�.Chk..... Hearing NoRl -Mo V L_ L7� ti u ` ( T H E C IT Y OF South <.,Xiarsei 6130 SUNSET DRIVE, SOUTH MIAMI, RLORIDA 13143 Z O N I N G .P 8 T I T I 0 N PL- 91_030 Applicants The school Hoard of Dade County, norid■ Request $Is Variance from section 20- 3.5(C)(3) of the Land Development Cods to allow x sero (0) toot rear ■etback for a proposed addition, whore the existing rear setback for a nonconforming dimension I s soro (0) feet and a minimum twenty give (25) feet rear setback is required. Request 126 Variance from section 20- 3.5(C)(3) of the Land Development Code to allow a building coverage of thirty eight percent (344) where the existing building Coverage for a nonconforming dimension is thirty four percent (341) and a maximum of thirty peroant (301) is permitted. Request fat Variance from Notion 20- 3.5(C)(3) of the Land Development Code to allow an Impervious Coverage of seventy six percent (761), where the existing Lmpervious Coverage for a nonconforming dimension is seventy three percent (73%) and a maximum of forty percent (404) In permitted. Requeat 041 Variance from section 20- s.4(b3(12) of the Land Development Cods to require no additional parking from whore twenty six (26) parking spaces are required for a proposed addition. IJA"Ls The North 249.45 feet of the HE 1/4 of "a 8R 1/4 of Section 26, Township 54 South, Rangy. 40 East, Less the (forth 25 feet and the East 35 toot thereof and that portion which lies wlthln the external area formed be a 25.00 toot radius are concave to the Southwest, tangent to the West line of the Rost 33.00 toot of the ME 1/4 of the Mi 1/4 of said Notion 26. Locations 6750 SW 60th Street South Miami, rlorida (a public facility, specifically south Miami Middle School) Petition: We, the undersigned property owners, are within Soo feet of the above property. We understand and approve the above request. �'r y i7- 1 �6�ti S c0' ,, v1,6P7—, C. I- - - - - - - - - - - - - - - -- ► - - - - - - - - - - - - - - - - - - - - - - L - - - - - I - - - - - - - - - - - - - - - - - )50 -37 (continued on page 2) Page 1 southeast tangent to a line that is 50.00 feet south of and parallel with the north line of the N.W. 1/4 of said Section 36, and tangent to the west line of said Lot 1. Location: 6262 Sunset Drive, South Miami, Florida 33143 (A commercial property, specifically Barnett Bank) This item has been withdrawn by the applicant. Applicant: The School Board of Dade County, Florida Request 11: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback for a nonconforming dimension is zero ( 0 ) feet and a minimum twenty five (25) feet rear setback is required. Request 12: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a building coverage of thirty eight percent (38 %) where the existing Building Coverage for a nonconforming dimension is thirty four percent (34 %) and a maximum of thirty percent (30 %) is permitted. Request 13: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow an Impervious Coverage of seventy six percent (76%), where the existing Impervious Coverage for a nonconforming dimension is seventy three percent (73%) and a maximum of forty percent (40 %) is permitted. Request 14: Variance from Section 20- 4.4(B)(12) of the Land Development Code to require no additional parking spaces where twenty six (26) parking spaces are required for a proposed addition. LFrAL: The North 249.85 feet of the NE 1/4 of the SE 1/4 of Section 26, Township 54 South, Range 40 East, Less the North 25 feet and the East 35 feet thereof and that portion which lies within the external area formed be a 25.00 foot radius PB Minutes 2 09 -24 -91 arc concave to the Southwest, tangent to the West line of the East 35.00 feet of the NE 1/4 of the NE 1/4 of said Section 26. Location: 6750 SW 60th Street South Miami, Florida (A public facility, specifically South Miami Middle School) Ms. Gonzalez read the request. Mr. Leon Ballentine, Supervisor of School Board Site Planning and Government Liaison Department along with the School Board Architect signed in and displayed drawings and a site plan of the project. Mr. Ballentine explained the project and the many problems arising from the site itself and the overcrowding which make this expansion necessary. The intent is to add three new classrooms, three resource rooms and a counselor's room School. This has been designed in a way that will blend into the neighborhood. It is felt that the granting of thee variances is vital to the continued efficient operation of the school. Principal Mt. Reynard answered questions from the Board. He stated, in answer to Mr. Parr's question, that parking is not a problem. The Public Hearing was closed and Staff asked for a recommendation. Ms. Goudarzi stated that Staff does not recommend approval of these requests. Ms. Lama stated that Staff's recommendation is based upon the fact that all of the requests deviate from the Land Development Code and its requirements. Mr. Parr asked Mr. Ballentine what are the options should these requests be denied. Mr. Ballentine stated that they would have to increase the sizes of the classes in the existing classrooms and establish attendance boundaries. Ms. Gonzalez asked for the proposed time frame and was told that development should begin in the summer of 1992 for use in the summer of 1993. Mr. Eisenhart made a motion that all four requests be voted for at once and that all four be approved. Ms. Thorner seconded. Vote: Approved: 5 Opposed: 1 (Gutierrez) There is a music room proposed for sometime in the future, when funding can be obtained. PB Minutes 3 09 -24 -91 10 S TAF F RE PORT PB -91 -030 Applicant: The School Board of Dade County, Florida Request 11: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback for a nonconforming dimension is zero (0) feet and a minimum twenty five (25) feet rear setback is required. Request 12: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a building coverage of thirty eight percent (38 %) where the existing Building Coverage for a nonconforming dimension is thirty four percent (34 %) and a maximum of thirty percent (30 %) is permitted. Request 13: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow an Impervious Coverage of seventy six percent (76 %), where the existing Impervious Coverage for a nonconforming dimension is seventy three percent (730) and a maximum of forty percent (40 %) is permitted. Request 14: Variance from Section 20- 4.4(B)(12) of the Land Development Code to require no additional parking spaces where twenty six (26) parking spaces are required for a proposed addition. LEGAL: The North 249.85 feet of the NE 1/4 of the SE 1/4 of Section 26, Township 54 South, Range 40 East, Less the North 25 feet and the East 35 feet thereof and that portion which lies within the external area formed be a 25.00 foot radius arc concave to the Southwest, tangent to the West line of the East 35.00 feet of the NE 1/4 of the NE 1/4 of said Section 26. Location: 6750 SW 60th Street South Miami, Florida (A public facility, specifically South Miami Middle School) ANALYSIS: The subject property is located in a Public /Institutional (PI) Zoning District which pursuant to Section 20- 4.4(C)(3) of the Land Development Code should conform to the adjacent most restrictive use dimensional requirements, which is Low Density Residential (RS -3) in this case. The lot is about 3.265 Acre, 142,214 square feet. The existing structure is about 48,500 square feet (ground floor) and 23,000 square feet (second floor). Existing impervious area is about 103,500 square feet. Presently about 43 parking spaces exist on the site. The proposed addition is about 5,080 square feet ( ground f loor) and 5, 050 square f eet ( second f loor) . Four variances are required in order to comply with the South Miami Zoning regulations. Staff does not recommend approval. of South Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD ?roperty Owner: The S hool Bo d of Signature: Dade �ounty �rlorida ane 7 c i ey, 1ce-U airh— person address: 1450 N.E. 2 Ave., Miami, F1 33132 Phone Number: 995 -7288- zepresented By: Michael A. Levine, Coordina�Ir organization: Dade County Public Schools! address: 1444 Biscayne Blvd., Suite 302 11 Phone: I 995 -7288 architect: Peggy Nye & Associates Phone: 374 -6230 ,ngineer: Fortin, Leavy, Skiles, Inc. Phone: 653 -4493 )wner X Option to purchase — Contract to purchase _ Copy attached? �I .f applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION ,ot(s) Block Subdivision 'etes and Bounds: SEE ATTACHED APPLICATION IS HEREBY MADE FOR THE FOLLOWING: X Variance Special Use Rezoning Home Occupational License PUD Appr Briefly explain application and cite specific South Miami Middle School sits on an undersized site. facilities, a variance is requested to modify setback, coverage requirements. Letter of intent X Proof of ownership X Current survey Text Amendment to LDC oval PUD Major Change Code sections: In order to provide additional impervious coverage and building SUBMITTED MATERIALS X Hardship statement Power of attorney X Site plan (7 copies) X Reasons for change Contract to purchase XRequired fee(s) The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's k,�ledge and belief. ? f.. ;f. -. August 30, 1991 Date A net , c i ey, ice- airperson licant's Signature 'and title 1pon receipt, applications and all submitted materials will be reviewed for : ompliance with City Codes and other applicable regulations. Applications sound not in compliance will be rejected and returned to the applicant. USE ONLY : DATE PB HEARING DATE FILED ACCEPTED REJECTED COMMISSION PETITION REQUIRED DEADLINE OTHER INFO PETITION•ACCEPTED DADE COUNTY PUBLIC. SCHOOLS SITE PLANNING & GOVERNMENT LIAISON DEPARTMENT • 1444 BISCAYNE BLVD., SUITE 302 • MIAMI, FL 33132 (305) 995 -7280 OCTAVIO J. VISIEDO SUPERINTENDENT OF SCHOOLS September 3, 1991 The City of South Miami Building and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Re: Variance Application South Miami Middle School 6750 S.W. 60 Street To Whom It May Concern: DADE COUNTY SCHOOL BOARD MR WILLIAM H. TURNER. CHAIRPERSON MS. JANET R. McALILEY, VICE - CHAIRPERSON MR. G. HOLMES BRADDOCK DR. ROSA CASTRO FEINBERG MS. BETSY KAPLAN DR. MICHAEL KROP MR. ROBERT RENICK South Miami Middle School, which was constructed in 1955, serves over 1200 students on a severely undersized 3.25 acre site. The facility is operating at over 130% of its design capacity. In order to construct adequate facilities, several acres of additional land would normally be required. Because the site is unable to be expanded without acquiring adjacent residential properties, the lack of land has been partially alleviated by entering into a long term joint use agreement with the City of South Miami for recreational use of the 9.8 acre park to the south of the school. The use of this parcel does not, however, allow for the construction of additional classroom facilities. Such improvements must be confined to the 3.25 acre school site. The accompanying site plans depict the addition of a new wing that will provide 3 classrooms, 3 resource rooms and counselors' offices. Alternate locations for this addition were carefully analyzed. In order to meet all Department of Education guidelines and not negatively impact the operation of the school, the proposed location was selected. In doing so, however, it will be necessary to place the new facility 8 feet from the rear property line. Since there are existing school structures as close as 5 feet to the property line, the district believes that the construction of this wing will not impact the neighborhood or the use of the park in any way. Approval of the requested variances is critical Public Schools. Failure to build the wing in the severely impact our ability to provide a quality students attending this school who are resident s South Miami or elsewhere in the county. to Dade County area shown will education to the of the City of City of South Miami September 3, 1991 Page Two We therefore respectfully request that the City grant our petition. Sirjeerely, Michaelj/A. Levine Coordinator II MAL:md L -2219 cc: Ms. Della L. Hatch Mr. Leon A. Valentine DADE COUNT`' PUBLIC. SCHOOLS SITE PLANNING & GOVERNMENT LIAISON DEPARTMENT • 1444 BISCAYNE BLVD., SUITE 302 s MIAMI, FL 33132 (305) 995 -7280 OCTAVIO J. VISIEDO SUPERINTENDENT OF SCHOOLS August 19, Mr. Bill Mackey, Planner City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: zoning variance South Miami Middle School 6150 S.W. 60 Street Dear Mr. Mackey: DADE COUNTY SCHOOL BOARD MR. WILLIAM H. TURNER, CHAIRPERSON MS. JANET R. McALILEY, VICE - CHAIRPERSON MR. G. HOLMES BRADDOCK DR. ROSA CASTRO FEINBERG MS. BETSY KAPLAN DR. MICHAEL KROP ua anaFaT Qr?J1 .S( 1991 ,, 1 Al. \ WAI 11 As discussed this date, I am forwarding a survey of South Miami Middle School and park, as well as a copy of the Lease Agreement for use of the park site. Please review and advise which zoning codes will be impacted by our request for a variance. Due to the fact that the park site is used by the district for all recreational activities under a 90 year lease, we respectfully request that this parcel be included in your evaluation of zoning criteria. Thank you for your continued cooperation. SdIcerely, (Michael A. Levine Coordinator II MAL:md L -2200 Attachments cc: Ms. Della L. Hatch Mr. Leon A. Valentine DADE COLiNTY PUBLIC. SCHOOLS SITE PLANNING & GOVERNMENT LIAISON DEPARTMENT • 1444 BISCAYNE BLVD., SUITE 302 • MIAMI, FL 33132 (305) 995 -7280 OCTAVIO J. VISIEDO SUPERINTENDENT OF SCHOOLS August 15, 1991 Mr. Bill Mackey, Planner City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Zoning variance South Miami Middle School 6150 S.W. 60 Street Dear Mr. Mackey: DADE COUNTY SCHOOL BOARD MR. WILLIAM H. TURNER, CHAIRPERSON MS. JANET R. McALILEY, VICE - CHAIRPERSON MR. G. HOLMES BRADDOCK DR. ROSA CASTRO FEINBERG MS. BETSY KAPLAN DR. MICHAEL KROP MR. ROBERT RENICK ..ti. Aw As discussed this date, I am forwarding a site plan of South Miami Middle School showing the proposed location of a new addition that will provide 3 classroom, 3 resource rooms and counselors offices. This work is necessary to accommodate the growing needs of the community and of the children attending the school. I would appreciate receiving your comments as soon as possible so that the district can meet the September 3, 1991 application submittal date. Thank you for your cooperation. Sinfr� rely, Riohael A/ /Lev Coordina r II MAL:md L -2193 Enclosures cc: Ms. Virginia L. Rosen Ms. Della L. Hatch Mr. Leon A. Valentine NOT �WBDJVWED N 00*24'13'W 648.83 cc N- 00 W; 224.85m- C: Lo Ln C. I j j C11 CX) co 72 C3 C, V .1d M 01 31 PI! It ;' a -°•1 � z � • *• T C� 7� ± =}1 j„ �'�'� � I i m' 11., ; v: CD cl tv 71 N 01119*14'W 199.9d 0019'14;11 424.53,. i at 4.7 'LUDLAM ROAD S. W. 67 AVENUE III m v r D Z u A r> m O A 0 T N -a m m n F O _ o r 0~ N> z W rijnC g z 0 xO a=cb � °• t- i to o sm C W w na nr O �^ H O< r0 �r jT m mP f y Oi n O La m� xm �o H � IQ Q al „ r Y O » a U I I tl a I� I » XV raE � d O GIF �O I I » o a» r� A I � R O a tl' R L. GE- eYa aE a I I �aa Rte„ II `94 h ��3 I • O tl I I; im ee ........ ... .... .. .. .. .. ............. ii i. i� I � » II • II � �• ili L, tl � M�PYi. DoiYAY1 tl w v. -- ------------- ----- ----- ---- --- -- -- -------- • R4� » III 0 1 "�R 1 � ,Q �aE Rsa [N I5� Y ! f_ t M _ I _ -� , Mill ' a a s I,i1; > )igI n I '�I�a 9E E r .' $ m »� -� U) rz Cn 2 Q1 in n C7 x y d 'I o is i.'. ' o (p n c > 'J- r > 0 r- = I C7a� --3 Z —' W 3 z n I m J 7 ;E e Jill x � 4k3 � o • i � o �• I (� ��.� 4 n 1 �9 �� � 9 r II I 8 • �j0 [qjZ gR G � d a A F All" eR i y all IT- ��_� � • bbd � �7 a j � v= "y — Y i • e x • - � ` � fro E ° s i � 9 I' � 'i o C I o . >.d ..•� a e �g II • 'II " ✓s� 0 ca 3 3 cm o •' - � - `rn e � It IOr imW. O 411 {{�R'i ?�e E�Q r I I • r- >{Yy� r 1p3 �� Xm rn� CC o � • ' 1 i alp die • 1 �8 P i :� •R `7 U • 0 F ICI ♦ • • E• �I 1u1 f • - ---'-• ....... .. E- -s---- ._. .._._.- ._. ................. -_-._..------------- i 51 11 O n no 9 . T HE C IT Y OF out4 C 6130 SUNIIET DRIVE, SOUTH MIAMI, FLORIO^ 33143 Z O N I N G P E T I T I O N PSi- 91-010 Applicant: The School Board of Dade County, Florida Request /it Variance from Section 20- 3.5(C1(1) of the Land Development Code to allow a zero (0) test rear aetbaoX for •proposed addition, where the existing rear setback for a nonconforminq dimension is aero (0) feet and a minimum twenty five (25) feet rear setback is required. Request 121 Variance from Section 20- 1.5(C)(3) of the Land Development Code to allow a bulldinq coverage of th',rty eight percent (381) where the exiatinq Buildinq Covarags for a nonconforminq dimension is thirty four percent (341) and a maximum of thirty perosnt (301) is permitted. Request 031 Variance from section 20- 3.5(C)(3) of the Land Development Code to allow an Impervious Coverage of seventy six percent (761), where the existlnq Impervious Coveraq• for a nonconforming dimension la seventy three percent (7311 and a maximum of forty percent (401) is permitted. Request 14t Variance from Section 20- 4.4(B)(12) of the Land Development Code to require no additional parkinq spaces where twenty six (261 parking spaces are required for a proposed addition. LEOALt The North 249.85 feet of the HE 1/4 or the SE 1/4 of Section 26, Township 54 South, Ranqe 40 East, Less the North 25 feet and the East 35 rest thereof and that portion which lies within the external area formed be a 25.00 foot radius arc concave to the Southwest, tangent to the West line of the East 15.00 feet of the NE 1/4 of the HE 1/4 of said Section 26. Locatlont 6750 Sw 60th Street South Miami, Florida (A public facility, specifically South Miami Middle School) Petition: We, the undersigned property owners, are within Soo feet of the above property. We understand and approve the above request. - -- -- - - - - - - - U %- - - 1 I. C� Gi✓ -cam DATE ADDRESS P-/ I _I 9-- i7 -9/1 _ - -X16 - - - - - - - C- ���� ��'��v s_7.fy /_ -- S� -- - dl. -- - - - - -- 7. ' - - - - - - - - - - - - - - J - - - -- --------------- L----- l ------------ - - - - -- 0-37 (continued on page 2) Page 1 -- J LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this day of 1979, by and between the City of South Miami, a municipal corporation of the State of Florida, hereinafter called the "City ", and the School Board of Dade County, Florida, a body corporate and politic organized under the laws of the State of Florida, F /K /A the Board of Public Instruction of Dade County, Florida, hereinafter called the "School Board ". WITNESSETH: WHEREAS, on the 18th day of March, 1955, the City leased to the School Board certain real property lying and being in Dade County, Florida, for use in conjunction with the operation by the School Board of the South Miami Elementary School and Junior High - School; and WHEREAS, on the 26th day of July, 1974, the parties hereto entered into an Amendment to the Lease Agreement dated March 18, 1955; and WHEREAS, the parties hereto have agreed to terminate said Lease Agreement dated March 18, 1955, as amended on July 26, 1974, and enter into a new lease agreement under the terms and conditions hereinafter mentioned. NOW, THEREFORE, it is mutually agreed that the Lease Agreement dated March 18, 1955, as amended on July 26, 1974, is null and void and of no further force or effect as of the date first written above; and the parties hereto have entered into the following Lease Agreement: For and in on the part of the hereby lease to sa lying and being in The the consideration of the covenants herein contained Board to be kept and performed, the City does id Board the following described real estate the County of Dade, State of Florida, to -wit: NEB of the SE4 of the NE4 less North 249.85 feet thereof, and The East 250 feet of the NA of the SEA of the NE4, all in Section 26, Township 54 South, Range 40 East, in Dade County, Florida. To have and to hold for a term of thirty (30) years from the ,C day of K.f t`'Y, 1979 (hereinafter referred to as the "effective date ") or until South Miami Elementary School and South Miami Junior High School shall cease to be operated as schools for a period of six (6) months or more, then the rights of the Board under this lease shall immediately cease and terminate and the City -1- shall be entitled to immediately possess the said premises unless the non -use of said property as aforesaid is the result of an emer- gency such as an act of God, riot, insurrection or state of war declared by Congress, which emergency has the effect of eliminating all need for said property as a school, and in the event of any such emergency, the running of the six (6) months period shall be tolled until the emergency is abated, whichever event first occurs; at the end of the thirty (30) year lease period aforesaid, the Board shall have the option, upon giving thirty (30) days notice in writing to the City of its intention to exercise said option, to lease said property at the same annual rental, adjusted as hereinafter pro - vided, for an additional thirty (30) year period providing that the said property is still being used by the Board for school purposes as aforesaid; and at the end of the first option period, that is sixty (60) years after the effective date of this lease, the Board shall have the option, upon giving thirty (30) days notice in writing to the City of its intention to exercise said option, to lease said property at the same annual rental, adjusted as hereinafter provided, from year to year for an additional thirty (30) year period providing that the said property is still being used by the Board for school purposes as aforesaid. The City and the Board further covenant and agree as follows: 1. The School Board agrees to pay as rental to the City for the 1978 -1979 school year the sum of Eight Thousand Seven Hundred Dollars ($8,700.00), and for each consecutive school year after the 1978 -1979 school year during the term of this lease or renewal thereof, the School Board shall pay as-rental to the City a sum which is determined by using the sum $7,000.00 as a base, adjusted by the percentage differential between the Consumer Price .Index revision for Urban Wage Earners and Clerical Workers for September 1978 of 199.1 and the same index for the month of September in each of the consecutive years thereafter, provided, however, that no percentage differential shall be payable in excess of ten percent of the sum paid in the preceding year. The School Board agrees to pay the aforesaid sums to the City on or before December 15th of the respective school year then in progress, except that the sun of $8,700.00 for the 1978 -1979 school year shall be due and pay- able upon execution of this agreement. 2. The Board shall'have the exclusive use and control of the leased premises for recreation, playground and athletic purposes between the hours of 8:00 A.M. and 3:30 P.M. during the 6 -2- school year except Saturdays, Sundays and school holidays. As used herein, the school year shall conform to the School Calendar as adopted annually by the School Board, generally beginning on the last Monday in August and ending in the second week in June. 3. The City shall have exclusive use and control of the leased premises including the equipment and facilities situate thereon on Saturdays, Sundays and school holidays throughout the entire school year; during the summer months, whether or not sum- mer school is being conducted, and from 3:30 P.M. to 8 :00 A.M. the following morning on Monday through Friday of each week during the school year. 4. Use of the grounds by either agency during the other's period of exclusive use shall be scheduled through the Principal of South Miami Junior High School or the Park Recreation Director as may from time to time be required for special school activities or City recreation programs. 5. The City shall maintain the demised premises at City expense, with the rental paid by the Board, as recited above, being applied to the cost of said maintenance. The City shall maintain the demised premises in a clean and safe condition suitable for school playground purposes during the school year. In the event an unsafe or hazardous condition should exist, the Board shall notify the City in writing of said condition. Should the City fail to take proper corrective action within thirty (30) days, the Board may at its option take action to effect the necessary repairs and withhold the cost thereof from the next ensuing rental payment. 6. Utility bills for water, sewer and electric service to the demised premises shall be paid by the City. 7. The Board will make no unlawful, use of the premises or which shall or may be inconvenience or damaging to the City or its occupants of the adjoining premises or to the Board will observe all City sanitary, health rules and laws. improper or offensive a nuisance, annoyance, inhabitants or to the neighborhood. The and public safety 8. The City agrees not to operate the snack shop or per- mit the operation of any food concession on the demised premises between the hours of 8:00 A.M. and 3:30 P.M. on school days. 6 -3- 9. In the event exemption from taxes granted to the City and the Board is withdrawn at any future time by any governmental agency so that it becomes necessary to pay taxes upon the leased premises and improvements situate thereon, then the Board agrees to pay and assume a proratable share of said taxes. The Board's proratable share shall include the unimproved land value of the leased premises during the periods of time specified in paragraph 2 hereof. The City's proratable share shall include all buildings, lighting system and other improvements located on the leased pre- mise during the calendar year and land and improvements for all periods of time specified in paragraph 3 hereof. 10. The School Board and the City agree to insure or self insure their respective interests in real or personal property to the extent each deems necessary or appropriate, and hereby waive all rights to recovery from the other party to this agreement for loss or damage of such property by any cause whatsoever. The School Board and City hereby waive all rights of subrogation under any policy or policies they may carry, or on property placed or moved on the premises. 11. The School Board agrees to indemnify and hold the City harmless to the extent of the limitations included within Florida Statutes, Section 768.28, only as to any loss, damage, claim, demand, suit, liability, or payment directly caused by the acts or omissions of the School Board's employees and agents while the School Board is using the demised premises, pursuant to this Lease Agreement. 12. The City agrees to indemnify and hold the School Board harmless, to the extent of the limitations included within Florida Statutes, Section 768.28, only as to any loss, damage, claim, de- mand, suit, liability or payment directly caused by the acts or omissions of the City's employees and agents while the City is using or controls the demised premises, pursuant to this Lease Agreement. 13. The City agrees that it will not erect any building or other obstruction on the demised premises without first ob- taining the written approval of the Board, which approval shall not be unreasonably withheld. 14. That the Board will not, without previous consent in writing from the City, assign or sub -lease the said premises or any part thereof. -4- 15. Either party shall have the right to cancel this Lease Agreement on June 30 of any year by giving the other party notice in writing thirty (30) days prior to said date. 16. The City agrees that it will not dispose of the de- mised premises, or use said property for purposes other than park and recreation purposes prior to the termination of this agreement and any extensions thereof. 17. In the event the City shall discontinue use of the demised property for park and recreation purposes or shall cease to maintain the property as required under paragraph 5 hereof, for a period of six months or more, then the Board shall assume mainte- nance of the property for school playground purposes and shall not be liable for payment of rents until or unless the City resumes operation and maintenance of the property. Nothing in this para- graph shall require the Board to maintain the property in a con- dition suitable for operation of a City recreation program. 18. In the event the Board shall default in the payment of rent or shall violate any of the covenants of this Lease Agree- ment, the City shall notify the Board in writing of such default and the Board shall correct such default or violation within thirty (30) days of said written notice. 19. It is understood and agreed between the parties here- to that written notice addressed and delivered to the Superintendent of Schools at 1410 N.E. 2nd Avenue, Miami, Florida 33132, shall constitute to sufficient notice to the Board, and written notice addressed and delivered to the City Manager, City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143, shall constitute sufficient notice to the City, to comply with the terms of this Lease Agreement or required by law.. 20. It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the re- spective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. This Lease Agreement contains the entire agreement be- tween the parties hereto regarding the property described here - inabove and may be modified only by amendment duly executed by w the respective parties. :lotwithstanding anything to the contrary herein contained, the property herein demised shall not include the use of any buildings, lighting systems, fixtures, and /or equip- ment therein or there on. -5- IN WITNESS WHEREOF, the City of South Miami and The School Board of DADE COUNTY, FLORIDA have caused this Lease Agreement to be executed by their respective and duly authorized officers, on the day and year first above written. ATTEST: THE SCHOOL BOARD OF DADE COUNTY, FLORIDA a QA� -en� S e t a r y ATTEST: THE CITY OF SOUTH MIAMI, FLORIDA By City Clerk City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, September 24, 1991, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. Applicant: City of South Miami Request: An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida and creating a new Section 20- 3.4(8)(21); both to provide for temporary off -site parking; providing for severability; ordinances in conflict; and an effective date. YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER.CONSIOERED 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. 266.0103) IBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH iMl. FLORIDA, AT THE TIME AND DATE STATED ABOVE. L INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE 3ERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE iT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR AREA INVOLVED. THE BOARDS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION k FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE !NG DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING UIRY. PLANNING BOARD 00-7 Bz REV. Iz -0-61 THIS IS A COURTESY NOTICE ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 OF THE THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING A NEW SECTION 20 -3.4 (B) (21); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCE$ IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code, which in Section 20 -4.4 provides for off -site parking spaces, provided the spaces are either on land held in common ownership "or held under a lease with a remaining term of twenty (20) years or more "; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for temporary off -site parking spaces under a less restrictive lease term; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -4.4 F (2) (c) of the Land Development Code be, and the same is, hereby amended to add the following final sentence: The foregoing notwithstanding, off -site parking spaces may be held under a lease with a remaining term of less than twenty (20) years under the special conditions set forth in section 20 -3.4 (B) 21. Section 2. Section 20-3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following new sub - section 21; (21) TEMPORARY OFF -SITE PARKING Off -site parking held under a lease term of at least one year may be utilized under the following special conditions: (a) The use must be for a minimum remaining lease term of one year and must be initially approved by the City Commission as being within the health, safety, and public welfare. (b) One utilizing temporary off -site parking under this section must schedule and appear before the Commission one year from the date of the initial approval of thw use to obtain Commission approval for condition of the use. The applicant must show it has either a new lease or a remaining lease, in either case for a one year minimum, and that the use remains in the health, safety, and public interest. Otherwise, approval is automatically null and void. Section 3. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 5.. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Aueust 13. 1991 w HAND DELIVERED City Commission THE NICHOLS THE CITY OF SOUTH MIAMI PARTNERSHIPY 6130 Sunset Drive ARCHITEC IZE /PLANNING South Miami. Florida 33143 RE: JJ's AMERICAN BAR & GRILL 5859 S.W. 73rd Street South Miami. FL 33143 Madam Mavor and Commissioners: As you are aware. JJ's BAR & GRILL. LTD., an affiliate of JJ's AMERICAN DINER in South - Miami. has purchased the lease and Is currently in the r of renovating the old "Bella Luna" restaurant located at 5859 S. 73rd P ocess South Miami. It is our intention to convert the old operation into aeenew restaurant/lounge called "JJ's A1.IERICAN BAR & GRILL ". building permits and are undenvav with We currently have the fntenor renovation of this buiiding. In order to give this building an entirely new image. as well as to improve `the entire front entrance to .the building, we would like to convert the existing minor parking area in front of the building into a landscaped courtyard with brick pavers. additional landscaping, decorative past lights, and umbrella tables and chairs with searing for approximately 40 persons. This "patio searing" is allowed by Your Code in this area, and it would greatly enhance not only the front of this building also it would greatly enhance the sidewalks and pedestrian scale alone the edges of these sweets. We have presented the site plan and the elevations to Environmental Review Board, which unarumousiv approved the plans and commended this outstanding concept. We have also worked with your Building and w Zoning Department, including their having this proposal reviewed by an outside zoning consultant. and all have concluded that this proposal is acceptable. subtect to our providing nineteen f l9 parking spaces «ithin the 500' radius of our property allowed by your Code. We have worked \with the First National Bank of South 'Miami and they are willing to lease to us on an annual basis. renewable annually. these nineteen (19) spaces in their lot which is located in the adjacent block diagonaliv across the street from our restaurant. We consider this 'front landscaped patio as having "temporary outdoor searing ". which does not affect our ongoing interior restaurant/]ounee operation. 3500 Douoics Roca. Suite 900 Because of its temporary Teian one 1305) 44333134 these umbrella tables and chairs we respectfully request that we be allowed to c)ut Fax 1305) 446.2872 5206 chairs on this patio and provide the one }'ear lease for the required parlang. which would be renewed annually. We would simultaneously C) CITY OF SOUTH MIAMI IC August 13. 1991 rage _' THE NICHOLS PARTNERSHIPS request that this approval by the City be subject to the City's Annual Review and AKHMECTURE!KANNING Re- approval each year. which would be based on our providing the renewed parlang lease. as well as our track record of providing a quality operation that does not create a nuisance to the City or its residents. In the event that the parking lease was not renewed, or the approval was not renewed by the City Commission. then we would agree to remove the umbrella tables and chairs from this area and simply use it as an entrance courtyard. I have enclosed a copy of the Site Plan showing this newly landscaped patio for your review. Inasmuch as we are trying to open the new operation in approximately three weeks, we respectfully request to have this item placed on the Agenda for the next City Commission meeting, which will be held on August 1991. We will be present to discuss this in further detail and provide answers to any questions. Thank you for your consideration. Sincerely. JJ's AMERICAN,9.AR & GRILL, LTD. By. \ Jo ichol Vice President JJ's BAR & GRILL MANAGEMENT, INC. JRN/Iss Enclosure: Site Plan Aty of South Miami 6136 Sunset Drive. '-,)oum Miami, t- iortoa 3314; APPLICATION FOR PUBLIC HEARING BEFORE PLANK G BOARD Property Owner: Stan Toledo Signature Address:8711 S.W. 185 Street Phone Number: 233 -8924 ` Represented By: Gilberto Pastoriza, Esq Organization:Weiss Serota & Helfmani Address:2665 S. Bayshore Drive #204 Phone: 854 -0800 , F-Ier-ida 3313-2 Architect: Phone: Engineer:E.R. Brownell & Associates, I Phone: 446 -3511 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) [Metes and Bounds: Block Subdivision See attached Exhibit "A" APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance Special Use Home Occupational License Rezoning Text Amendment to LDC PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: Modification of Resolution No. 4 -91 -9080 dealing with waivers of subdivision improvements as set forth in Section 20 -4.2 (c)(1) of the Land Development Code of the City of South Miami. SUBMITTED MATERIALS x Letter of intent Hardship statement Reasons for change x Proof of ownership X Current survey Power of attorney Contract to purchase Site plan (7 copies) x Required fee(s) The undersigned has read this completed application and represents the information and all submitted materials fu ished are true and correct to the best of the applicant's knowledge belief. 8/5/91 Date Applicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications fund not in compliance will be rejected and returned to the applicant. USE ONLY : PB HEARING DATE FILED COMMISSION ACCEPTED REJECTED PETITION REQUIRED _ VERT DEADLINE OTHER INFO PETITION ACCEPTED RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ROBERT K. SWARTHOUT, INCORPORATED FOR PREPARATION OF A CONCURRENCY MANAGE- MENT SYSTEM FOR A MAXIMUM EXPENDITURE OF $ 9,500.00; CHARGINC THE DISBURSEMENT TO BUILDING /ZONING DEPARTMENT ACCOUNT NO. 1610 -3110 "PLANNING CONSULTANT ". WHEREAS, a concurrency management system is required of municipalities pursuant to Florida Statute 163.3202 (2) (g) and by Florida Administrative Code Rule 93- 5.0055; and 4711EPZEAS, pursuant to those requirements, the City .,or,i.;istration has obtained a proposed contract from Robert K. Swarthout, Incorporated for preparation of a concurrency management system, including preparation of computer software to administer the system and training staff to use the software (a copy of which contract is attached hereto); and WHEREAS, the City Charter in Article III, Section 5 H provides "All contract for services in the excess of $ 1,000.00 shall be approved by the City Commission "; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be, and hereby is, authorized to exerilf-e the attached contract with Robert K. Swarthout, Incorporated for preparation of a concurrency management system, including preparation of computer software to administer the system and training staff to use the software for a maximum of S 9,500.00, Section.2_. That the disbursement be charged to Building /Zoning Department account no. 1610 -3110 "Planning Consultant ". PASSED AND ADOPTED this th day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: TY ATTORNEY City of South Miami INTER — OFFICE MEMORANDUM TO: Mayor and /mpton ission DATE. September 24, 1991 FROM! 4A /ia F SUBJECT: Cont ract for Concurrency City Mana Management System A local government Concurrency Management System is required by both Florida Statute and State Department of Community Affairs regulations. Accordingly, I have requested our Planning Consultant under our original comprehensive plan agreement to prepare the attached proposal for a Concurrency Management System. Funds are available under code 3110, Building & Zoning Dept. The estimated cost for this contract will not exceed $9,500. Your approval is requested. WFH:er cc: B & Z Director RoBE.T X SWA.THOUT TN', D� DA TE�TT �-- � ""'�O�o�1�1J CZlyp[Qnnin-aCOlt3ltjfnnfc 400 South Dixie Highway, Suite 121 Boca Raton, Florida 33432 -6023 (407) 392 -5800 (305) 467 -5800 September 19, 1991 Mr. William Hampton, City Manager City of South Miami 6103 Sunset Drive South Miami, Florida 33143 SUBJECT: Concurrency Management System (CMS) Dear Mr. Hampton: SEP 2 3 CITt MANAGER'S OFFICE This is an update and expansion of our November 10, 1989 and March 7, 1990 proposals on this subject as requested by Sonia Lama. Her request is in part prompted by two recent questions directed to us which can only be answered by preparation of a CMS. One dealt with a building request for a house on a street operating below the City Level of- Service (LOS) and the other pertained to the formula for use in determining recreation LOS conformity. A CMS is required by both 163.3202 (2) (g) FS and 9J- 5.0055 FAC. Robert K. Swarthout, Incorporated has been responsible for the preparation of seven such computerized systems, including the nearby municipalities of Miami Shores and North Miami Beach. We would be happy to prepare a concurrency management system for South Miami. Our fee can be based on hourly rates plus direct expenses to a maximum of $9,500. Hourly rates range from $40.00/hour for technical support to $100.00/hour for senior professional time. The concurrency management system both assesses the conformity of a development permit application to the level -of- service standards and provides an accounting system which enables the City to keep track of development and its impact on facility service levels. In preparing the concurrency management system we go through some 16 steps involving Policy decisions with the City, procedural questions, researching necessary data, form preparation, formula drafting, monitoring procedures and related tasks. We assist the City set up computer software to administer the system and we train the staff to use the software and the system. A detailed scope of services is outlined in Attachment A. A summary outline of the North Miami Beach system is also included. Mr. William Hampton, City Manager City of South Miami September 19, 1991 Page 2 We suggest a 90 day period of completion of the work from time of authorization to proceed. Please return one signed copy of this letter or some other authorization for us to proceed. Sincerely yours, ROBERT K. SWARTHOUT, INCORPORATED Robert K. Swarthout, AICP RKS:tb Enclosures APPROVED FOR CITY OF SOUTH MIAMI William F. Hampton, City Manager Cathy R. McCann, Mayor 9 SCOPE OF SERVICES TO PREPARE A CONCURRENCY MANAGEMENT SYSTEM Examine existing permit review procedures. Determine office to coordinate /receive concurrency applications. Determine which departments assist in review process. Determine which development permits undergo preliminary and final concurrency review. Prepare application forms. Determine what is vested and exempt. Determine formula for each LOS /type of facility for purposes of calculating concurrency; research data needed for equations. Determine relationship to County and FDOT traffic models. Outline facility capacity measurement system for each level -of- service category; update current and committed usage data by facility. Select demand generation rates (by land use category) for each public facility category. If deficiency exists, outline alternative methods to achieve concurrency. Establish appeals procedure. Determine when to grant final concurrency /facility capacity reservation, and when concurrency certificate expires. Establish facility capacity or concurrency monitoring system; computerized if appropriate. Prepare concurrency review manual and flow chart; staff training. Train local staff to perform concurrency reviews. Help establish concurrency review fees. March 1991 NORTH MIAMI BEACH CONCUR.R.ENCY MANAGEMENT SYSTEM Note: "City'refers to City concurrency management team including Robert B. Swarthout, Incorporated. 1. TRAFFIC Commentary: • The following applies only until the DCA Comprehensive Plan settlement is reached. • Robert K Swarthout, Incorporated has developed a trip generation table (by land use). • City reviews applicant's trip generation and makes preliminary link assignment. • If concurrency is questionable, City asks applicant to do traffic study (or City team does study at applicant's expense). Calculation and Monitoring System (Preliminary): A. Enter latest volume counts for all arterials and collectors. B. Enter project traffic. • For concurrency, compare link total of A + B with FDOT LOS table or review applicant's traffic study. 2. SEWERS Commentary: • If project is not near sewer line, note septic tank as " concurrency." • If project is on or near County sewer line, follow calculations outlined below; applicant provides land use floor area square footage. Calculation and Monitoring: A. 91,000,000 g/d (capacity of WASD N.E. 151st St. plant). B. 1990 average flow at plant = 83,600,000 g/d. C. Project sewage flow (LDR Table II) g/d. then B + C + 2% of B must be less than A. 1 3. DRAINAGE Commentary-. • Applicant uses FDOT graph (or similar mechanism) to show City DPW Director how site plan or plat drainage system meets concurrency standard. Calculation and Monitoring. • calculation - see above • monitoring - not applicable 4. WATER Commentary-. • LOS standard should be adjusted and clarified at next Comprehensive Plan amendment, i.e. make more meaningful. • In the meantime, see calculation below; it is recognized that the City uses County water even though it is not included in the LOS calculation. Calculation and Monitoring. A. City -owned plant capacity = 17,670,000 g/d B. 1990 average daily flow from city plant = 15,200,215 g/d C. 1990 U.S. Census City population = 34,901 people D . DUs approved (COs) since Apr. 1990: 38 x 2.5 = 95 people E. Project flow (from LDR Table I) g/d then: _A i.e. capacity must be in excess of 150 g/p /d (the LOS) C +D as a further check, compare DDH to LOS: B + E should also be in excess of 150 C +D 2 5. SOLID WASTE Commentary: • Given the excess County disposal capacity, the LOS is most meaningful for City truck capacity /collection schedules. • See calculation below. Calculation and Monitoring. A. 1990 average City - generated lbs. per day = 189,294 lbs/d B . 1990 U.S. Census or City population = 34,901 people C. DUs (COs) since Apr. 1990: 38 x 2.5 = 95 people D . Project lbs per day from LDR Table III = lbs/d then: A + D = _ lbs/person /day B +C if result exceeds 5.5 lbs /day, LOS exceeded and either truck fleet or collection schedule is in trouble 6. RECREATION Commentary: • If the population stays fairly constant and the City does not eliminate a facility, concurrency should not be a problem. • Applicant does not have to furnish anything other than number of DUs proposed, if applicable. Calculation and Monitoring. A. Neighborhood park acreage = 48 B. Tennis courts = 20 C. Basketball courts (includes gyms) = 8 D. Tot lots = 5 E. Gyms /auditoriums = 3 F. Playfields = 6 G. Swimming pools = 3 3 H . 1990 City popul. = 34,901 persons I. DUs (COs) since Apr. 1, 1990: 38 x 2.5 = 95 persons J. Project DUs x 2.5 = persons then compare the results of the following calculations with the LOS list; the number must be higher than 1. • I + =X 48 = neighborhood park LOS = 1/1,000 1,000 x acres/1,000 popul. • H+I+J =x 20 = tennis courts/2,000 popul. LOS = 1/2,000 2,000 x • H + I + = x ,$ = bb. courts/5,000 popul. LOS = 1/5,000 5,000 x • H + I + = x -5- = tot lots/15,000 popul. LOS = 1/15,000 15,000 x H+I+J = x- = gyms/30,000 popul. LOS = 1/30,000 30,000 x • H + I + J = x playfields /7,500 popul. LOS = U7,500 7,500 x • H+I+J = x -- = pools/15,000 popul. LOS = 1/15,000 15,000 x 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMIssrON OF THE CITY OF SOUTH MIAMI, FLORIDA INSTRUCTING THE CITY ADMINISTRATION TO REMOVE TWO PARKING SPACES, BUT NOT THE METERS, FROM THE SOUTHWEST CORNER OF S.W. 40TH 9TREET AND S.W.. 57 AVENUE IN COMPLIANCE WITH THE STATE DBPARTMRNT OF TRANSPORTATION'S REQUEST WHEREAS, S.W. 40th Street and S.W. 57 Avenue are streets, which while bordering the City of South Miami, under.the Jur'iadiction of the State Department of Transportation as State Roads 916 and 959, respectively; and WHEREAS, the Florida Department of Transportation has requested the City of South Miami to remove two parking spaces, but not-the meters, from.the spaces closest to S.W.. 40th Street on S.W. 51 Avenue at the southwest corner to comply with the re- designed traffic•flow pattern by the State Department of Transportation. NOW, THEREFORE, BE -IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: ,Aection 1. The City Administration be, and hereby is, ,author .lzed' and directed to remove two parking - spaces, but not the meters, fzom the spaces cl•oseat to S.W. 40th Street.on S.W. 57 Avenue at the southwest corner to comply with the re- designed traffic flow pattern by the State Department of Transportation. PASSED AND ADOPTED this th day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK. READ AND APPROVED AS TO FORM: FLORID IAUTM aura GOMMM MIAMI DISTRICT OFFICE Design Section 1000 N.W. 111th Avenue Miami, Florida 33172 September 13, 1991 Mr. William r Hampton City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 11EPART1gE1YT OF TRAnSPORTATI or WA G. wArM sceecrur RE: State Project No: 87044 -3509 W.P.I. No: 6113761 Countv• Dade Dear Mr. Hampton: As part of the above referenced project, the Department is improving traffic flow through the S.W. 40th Street /57th Avenue intersection. It will be accomplished primarily by restriping the intersection as shown on the accompanying plan sheet. It will also be necessary to remove the two parking spaces closest to 40th Street on the southwest corner of the intersection. The city will need to remove the corresponding parking meters. Parked vehicles in that area would pose a hazard to traffic making a right turn from 40th Street. If you have any questions, please contact me or Carlos Mazorra at (305) 470 -5300. Since ly, i , Z Ubaldo F. Lena, P.E. Project Manager 'FL:rmo cc: Gerardo Norona, File IP 12 X(g np SEP 17 1991 CITY MANAGER'S �- I . STA. 327+83 'MATCH LINE SEE BELOW cn O j I I O O.A �? I. Er MO ' tw wo• �lof .� � � + v o M n o a IINQ r� . • •� o �5 w z �� � c ti I :.r c� .A O � � r I •) I C� !1 0 1�• ts Ic N O 0 • Q �J.e S.W, 57th. AVEd RE R' �� \ i - - - — 7 e \ o EXIST. PARK. SPACES (TO REMAIN) a \ �J= Direcfiono /RJL�• � - � •' JZ• Anro��- /q,rroerjCTw% /001, \ '+an^mi c � Sj z O `Io0 oa�n 0• � y • �. - it - H Lw na I JJ !p I p tA O SZ f rb m �r'+ 1 j` N I p � O • � I � I -� o i� o 1 #� a. N j c+i 1 I i I -' j n W rz, U�w fv V I _ lb k an i� °o b v m o 9l6 ! y �' j r i SO!!TH NORTH J•J3 -J ao A lW3 IfT P 0 959 959 24 C� • vi a X X N IU I W +� m �" °_ t o~i �• I a m y O L � m I I v 1 I� 1 --- - - - - -- • • �. - it - H Lw na I JJ !p I p tA O SZ f rb m �r'+ 1 j` N I p � O • � I � I -� o i� o 1 #� a. N j c+i 1 I i I -' j n W rz, U�w fv V I _ lb k an i� °o b v m o 9l6 ! y �' j r i SO!!TH NORTH J•J3 -J ao A lW3 IfT P 0 959 959 24 C� • f RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT AS SET FORTH HEREIN BELOW UPON THE BASIS THAT THERE IS ONE SOURCE OF SUPPLY; AUTHORIZING THE EXPENDITURE OF S 2,306.60 TO DECADE COMPUTER SERVICES INC. FOR THIS EQUIPMENT; CHARGING THE DISBURSEMENT TO ACCOUNT NO. 09 -1910 -6430 "EQUIPMENT - OPERATIN011 . WHEREAS, the Police Department of South Miami has previously budgeted the purchase of certain computer equipment, detailed in the attached exhibit, in the 1991/92 budget; and WHEREAS, pursuant to that budgetary authorization, the Police Department has inquired with various manufacturers to determine the availability of the equipment; and WHEREAS, the results of that inquiry have been that only Decade Computer Services, Inc. sells this equipment in Florida; and WHEREAS, Article III, Section 5 H of the City Charter requires competitive bids from at least three different sources of supply, if available, such determination to be made by the Commission, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission of the City of South Miami, Florida do hereby authorize the City Administration to waive the bid procedure set forth in Article III, Section 5 H of the City Charter, for the computer equipment, to -wit: Teleray Terminal with Keyboard; Teleray Color Monitor; plus Freight to be purchased by the City of South Miami Police Department upon the basis that this type of computer equipment is only available from a single source of supply: Decade Computer Services, Inc. Section 2. That the City administration be, and hereby is, authorized to expend the sum of $ 2,306.60 to Decade Computer Services, Inc. for the purchase of the aforesaid computer equipment. Section 3. That the disbursement be charged to account no. 09 -1910 -6930: 'Equipment- Aperating ". PASSED AND ADOPTED this th day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, OF CODIFICATION SERVICES FORM CORPORATION FOR A TOTAL PRICE BY THE CLERK'S OFFICE AND PRO' FROM ACCOUNT NUMBER 1200 -4950 CITY COMMISSION OF THE AUTHORIZING THE PURCHASE MUNICIPAL CODE NOT TO EXCEED $ 1,157.91 VIDING FOR DISBURSEMENT "CODIFICATIONS" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Clerk's Office of the City of South Miami, Florida was authorized to purchase codification services; and WHEREAS, the Clerk's Office of the City of South Miami has now obtained a cost of $ 1,157.91 from Municipal Code Corporation based upon an existing contract; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to Municipal Code Corporation in an amount not to exceed $ 1,157.91 for the continued codification of City's Code of Ordinances and their publication as Supplement No. 46. Section 2. That the disbursement be charged to account number: 1200 -4950 "Codifications ". PASSED AND ADOPTED this day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 10 Municipal Corporation July 15, 1991 Ms. Rosemary J. Wascura City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Wascura: Thank you for your letter of June 10, 1991, and the enclosed copies of Ordinance Nos. 5 -90 -1466, 6 -90 -1447, 6- 90- 1447A, 8 -90 -1448, 9 -90 -1449, 12 -90 -1451, 14 -90 -1454, 15 -90 -1455, 22 -90 -1462, 23 -90 -1463 and 23- 90 -1463A to be considered for inclusion in Supplement No. 46 to the South Miami Code. We also received a list of city officials for our use in updating the officials page of the Code. The preliminary work for Supplement No. 46 will begin in the next few days. Please advise us of the adoption dates for Ordinance Nos. 6- 90 -1447A and 14 -90 -1454. Pursuant to your request, we are pleased to submit the following estimate of cost for the publication of Supplement No. 46: 50 copies of 75 printed pages at the Supplement per page rate of $14.75 per page ........................... 50 copies of 7 blank pages at the rate of $7.38 per page ................ Estimated cost for Supplement No. 46 $1,106.25 51.66 $1,157.91 It is our pleasure to be of service to the City of South Miami in the upkeep of its Code. Please feel free to call on us whenever we may be of assistance. t rely, 6 La ��ttr � 1 nt Vice P esident - Supp eme s Post Office Box 2235 1700 Capital Circle, S.W. RLL: Tallahassee, FL 32316 (904) 576 -3171 1- 800 -262 -CODE (National) 1- 800 -342 -CODE (Florida) 10 am t�', n"? �l�! !��,N.I�S'4�14.t►'f_'�`'l°'Y''- .�^i.- �ikr }'�.�� ��.." p' 1�7rf�b ?.��'�!tiC''!'.�l"i�.�'. —vi .Jaitr�. �, .. ...t•.i.. ..i. ... RESOLUTION NO. A RESOLUTION` OF THS MAYOR ANDr CITY COMKISSION- OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF GLASS, GLASS FRAMING, DOORS, AND CASEMENT AND HIGH FIX WINDOWS FOR SOUTH MIAMI CITY HALL FOR A TOTAL PRICE NOT TO EXCEED S 31,045.00 BY PUBLIC WORKS DEPARTMENT AND PROVIDINC FOR DISBURSEMENT FROM ACCOUNT NUMBER 1710-4660 "MAINTENANCE AND REPAIRS OF CITY HALL" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Public Works Department of the City of South Miami, Florida was authorized to purchase glass, glass framing, doors, and casement and high fix windows for South Miami City Hall; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of $ 22,355.00 fnr rasPmPnt and high fix windows, as well as cost of S 8,170.00 glass and glass framing and a cost of $ 520.00 for tempered glass instead of annealed glass, all from Coral Gables Glass & Mirror Corp. pursuant to the following governmental bid: Dade County Bid No. 6988B; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1._ That a purchase order is hereby awarded to Coral gables Glass & Mirror Corp. in an amount not to exceed $ 31,045.00 for glass, glass framing, doors, casement and high fix windows for South Miami City Hall. Section 2. That the disbursement be charged to account number # :1710 -4660 "Maintenance and Repairs of City Hall ". PASSED AND ADOPTED this day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. ;, vuvT i V ►v GF THE MA-1UK AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO YEAR EXTENSION OF THE LEASE OF THE PREMISES COMMONLY KNOWN AS THE SOUTH MIAMI FIRE STATION TO METROPOLITAN DADE COUNTY WHEREAS, Metropolitan Dade County has leased the premises commonly known as the South Miami Fire Station at 6000 S. W. 72nd street, South Miami, Florida 33143 and further described as follows: a portion of the City Hall of the City of South Miami located at the extreme western end of the said building, containing approximately 4,000 square feet, continuously since 1967; and WHEREAS, pursuant to Resolution 86 -89- -8066 passed July 18, 1989, the City of South Miami authorized, and Metropolitan Dade County accepted, an Amendment to Lease providing for an extension through September 30, 1991, and providing for future negotiations for renewal periods ... upon the same terms and conditions, provided that the monthly payment will be subject to negotiation for each renewal period. and WHEREAS; Metropolitan Dade County has now requested a renewal of the said Lease commencing October 1, 1991 and terminating September 30, 1993, "under the same terms and conditions, annual rental to be submitted by (the City as) Landlord "; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: section 1. That the City Manager be, and hereby is, authorized to execute an Amendment to the Lease Agreement with Metropolitan Dade County, Florida for the Fire Station at 6000 S. W. 72nd Street, South Miami, Florida, in the form attached hereto. E- I Section 2. That this authorization is contingent upon the approval of Metropolitan Dade County to all of the tetm5 a-nd conditions set forth in the attached proposed Amendment to Lease. PASSED AND ADOPTED this th day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 .y Section 2. That this authorization is contingent upon the approval of Metropolitan Dade County to all of the tetm5 a-nd conditions set forth in the attached proposed Amendment to Lease. PASSED AND ADOPTED this th day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -63 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PERMIT MOBILE FOOD VENDORS IN RM -18 ZONING DISTRICTS; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of South Miami does not presently permit mobile food vendors except on construction sites where work is actively in progress; in exhibitions and festivals not exceeding five (5) days and in the I zoning district; and WHEREAS, the Mayor and City Commission of the City of South Miami wish to amend the Code of Ordinances to permit mobile food vendors to operate within RM -18 zoning districts of the City upon certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 15 -63 (c), Miscellaneous Provisions, of the Code of Ordinances of the City of South Miami be, and the same hereby is, amended to read as follows: (c) Mobile vendors selling food, food products and beverages may operate and do business in I, and RM -18 zoning districts or upon construction sites where work is actively in progress upon the following terms and conditions: i. No mobile vendor shall 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. ii. All mobile vendors must 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 remain in any one site longer than two (2) hours except in the case of a special event, exhibition, exposition, art show and /or festival not to exceed five (5) days and when further specifically permitted by a majority affirmative vote of the City Commission by resolution. iv. Mobile vendors must operate from four - wheel motorized vehicles registered in the State of Florida except in the case of fairs, exhibitions and expositions not exceeding five '(5) days. •-- ^ - -_... _ . _ _... .t w7'2 ; it�i' twv_; •; `R2"�,,,�1�,'"�, " %l�dC.�. .e.. -- I � w v ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -63 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PERMIT MOBILE FOOD VENDORS IN RM -18 ZONING DISTRICTS; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of South Miami does not presently permit mobile food vendors except on construction sites where work is actively in progress; in exhibitions and festivals not exceeding five (5) days and in the I zoning district; and WHEREAS, the Mayor and City Commission of the City of South Miami wish to amend the Code of Ordinances to permit mobile food vendors to operate within RM -18 zoning districts of the City upon certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 15 -63 (c), Miscellaneous Provisions, of the Code of Ordinances of the City of South Miami be, and the same hereby is, amended to read as follows: (c) Mobile vendors selling food, food products and beverages may operate and do business in I, and RM -18 zoning districts or upon construction sites where work is actively in progress upon the following terms and conditions: i. No mobile vendor shall 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. ii. All mobile vendors must 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 remain in any one site longer than two (2) hours except in the case of a special event, exhibition, exposition, art show and /or festival not to exceed five (5) days and when further specifically permitted by a majority affirmative vote of the City Commission by resolution. iv. Mobile vendors must operate from four - wheel motorized vehicles registered in the State of Florida except in the case of fairs, exhibitions and expositions not exceeding five '(5) days. •-- ^ - -_... _ . _ _... .t w7'2 ; it�i' twv_; •; `R2"�,,,�1�,'"�, " %l�dC.�. .e.. -- Section 2. That Section 20- 3.3(D), Permitted Use Schedule, of theLand Development Code of the City of South Miami, Florida, be and the same is here:.-- amended: C P ZONING DISTRICTS O A N R IRMI R L M N S G I D K 18 0 0 0 R R R S G Mobile Food Vendors I P1 I I I I I I P1 * IN/A Section 3 If any sentence, section, clause or phrase of this ordinance is held to be 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 ADOPTED this day of , 1991. APPROVED: ATTEST: MAYO R CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI,'FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA••BY DELETTNG THE EXISTING SECTION 20 -5.3 AND ENACTING A NEW SECTION 20 -5.3 THUS PERMITTING CONCURRENT ZONING CHANGES TO PLANNED UNIT DEVELOPMENTS AND UNDERLYING ZONING; PROVIDING FOR 92VRRABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code, which in subsection 20 -5.3 (A) providesz (A) Proper Zoning Required Any required reasoning shall be the step in the review process. Other reviews shall occur in accordance with the procedures established in this Article ;and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for Inter alia concurrent zoning changes to planned unit development and underlying zoning; NOW, THEREFORE, BE IT. ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Sleti„ on 1. That the existing Section 20 -5.3 be, and hereby,.; is, deleted from the Land Development Code, and a new Section 20 -5.3 be, and hereby is, enacted as follows: 20 -3.5 SEPARATE AND COMBINED APPLICATIONS A separate application shall be required for each request for a rezoning, a -variance or, a special use. All other applications required under this Code may be.combined with one (1) or more other applications.. . Section 2. •I£ any section, clause, sentence or.'phrase of this Ordinance is held to be invalid or unconstitutional by any court.of compe't'ent Jurisdiction, then said holding shall in no way'aLfect thw validity of the remaining-portions of this Ordinance. •.Section 3.. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. and a new section 20 -5.3 be, and hereby is enacted as follows: SAction 4, This Ordinance shall take effect immediately at the time of its passage. v PASSED AND ADOPTED this th day of 1991. APPROVED: MAYOR" - ATTEST' READ AND APPROVED AS TO FORM: CITY ATTORNEY 1 CR Y of South Miami I" APPLICATION / To be Heard REGULAR CITY COMMISSION MEETING NAME : Div �' / LC%G`��`Y� — -- — DATE: ADDRESS: _ 7600 TELEPHONE NUMBER DURING BUSINESS HOURS: S S�Z/ State reason for which you want to be heard: Address of property: Would you like to meet with a Commissioner: Circle the name of the Commissioner: Cathy McCann Neil Carver Mayor Vice -Mayor Yes No Betty Banks Thomas Todd Cooper Jan Launcelott Commissioner �..m.�: _ _ �" " " " " V- "cr' commissioner EXCERPT FROM PLANNING BOARD MINUTES SEPTEMBER 24, 1991 D. Remarks: A presentation by the University of Miami in regards to the campus area development district. Dave Lieberman, Sr. Vice President of U of M and Ralph Director of Facilities, Planning and Design, U of M signed in to make a presentation of the campus master plan to show the proposed housing for 1320 students which will be situated on Red Road, across the street from the City of South Miami. They displayed drawings of the project. It was stated that this is not a DRI. Mr. Lefley asked that a copy of the letter from DCA stating this fact be sent to the City for its files. He, also, asked that those sections having to do with traffic implications be extracted from the DCA report and sent to this Board. Ms. Gonzalez asked, in terms of concurrency review as relates to US 1 and Red Road, what review powers does the City of South Miami have? Red Road, being a state road, has already been reviewed under DRI regulations and Coral Gables Concurrency Management Program, which is evolving, did review the plans. There were two residents of Coral Gables present, wishing to speak against this project, saying that it would increase crime, traffic and noise in the adjacent neighborhoods. Following this presentation, the Board thanked the participants and wished them good luck The next Bakery Centre Workshop has been set for October 16th, 7:30 PM, in the Commission Chambers. Staff will contact all members to verify as soon as possible. Mr. Eisenhart asked Staff if the time and budget projections which had been requested by Flagler Federal from City Administration had been submitted. Ms. Lama stated that City Manager Hampton has written a memo to Flagler Federal explaining that it would be very hard for the City to arrive at a figure because of the difficulty in estimating the number of hours consultants will require, etc. in addition, he has asked that a meeting be scheduled next week between Flagler Federal and the City's consultants to arrive at some estimated cost projections for the project. As to the number of meetings, etc., Mr. Swarthout's flow charts included these. There has to be a decision made by this Board as to how many meetings will be held and when. Chairman Ligammare asked that Staff get information such as was presented this evening to the members earlier so they will have time to study it. Mr. Mackey stated that this information was received in the Planning Department at 3:15 on Monday afternoon. Mr. Ligammare wishes the City Manager, the Mayor, the Commission to be aware that it is very difficult for the members of the Board to be able to fully understand something like the Ordinance presented tonight without time enough to study it and ask questions of Staff prior to its coming to them. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, - FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA -BY DELETING THE EXISTING SECTION 20 -5.3 AND'ENACTING A NEW SECTION 20 -5.3 THUS DBRMITTING CONCURRENT ZONING CHANGES TO PLANNED UNIT DEVELOPMENTS AND UNDERLYING ZONING; PROVIDING FOR SRVRRABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code, which in subsection 20 -5.3 (A) provided (A) Proper zoning Required Any required reasoning shall be the step in the review process. Other reviews shall occur in accordance with the pxocedures established in this Article ;and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for inter alia concurrent zoning changes to planned unit development and underlying zoning; NOW, THEREFORE, BE IT. ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SSction 1. That the existing Section 20 -5.3 be, and hereby; is, deleted from the Land Development Code, and a new Section 20 -5.3 be, and hereby is, enacted as follows: 20 -3.5 SEPARATE AND COMBINED APPLICATIONS A separate application shall be required for each request for a rezoning, a -variance or. a special use. All other applications required under this Code may be.combined with one (1) or more other applications.. Seption 2. 'If any section, clause, sentence or.'phrase of this Ordinance is held to be invalid or unconstitutional by any court.of compe't'ent Jurisdiction, then said holding shall in no way affect the validity of the remaining-portions of this Ordinance. Aection 3.. All -Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. and a new section 20 -5.3 be, and hereby is enacted as follows: Section 4. This Ordinance shall take effect immediately at the time of its passage. i PASSED AND ADOPTED this _____th day of , 1991. APPROVED: MAYOR ATTEST7: CITY CLERK ' r' READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 NAME: ADDRESS: Y"9(s '°...� CRY of South Miami APPLICATI ON To be Heard REGULAR CITY COMMISSION MEETING �f/,� l3' • �C�Gfil�L 7600 An 40,43 JGf /� D DATE: 1 "1- . TELEPHONE NUMBER DURING BUSINESS HOURS: 5 _ S� / State reason for which you want to be heard: �m / ��JS r ")/12 722 `7 Address of property: Would you like to meet with a Commissioner: Circle the name of the Commissioner: Cathy McCann Mayor Neil Carver Vice -Mayor Yes a— Betty Banks Thomas Todd Cooper Jan Launcelott Commissioner Co,;,,;,issioner Commissioner EXCERPT FROM PLANNING BOARD MINUTES SEPTEMBER 24, 1991 D. Remarks: A presentation by the University of Miami in regards to the campus area development district. Dave Lieberman, Sr. Vice President of U of M and Ralph Director of Facilities, Planning and Design, U of M signed in to make a presentation of the campus master plan to show the proposed housing for 1320 students which will be situated on Red Road, across the street from the City of South Miami. They displayed drawings of the project. It was stated that this is not a DRI. Mr. Lefley asked that a copy of the letter from DCA stating this fact be sent to the City for its files. He, also, asked that those sections having to do with traffic implications be extracted from the DCA report and sent to this Board. Ms. Gonzalez asked, in terms of concurrency review as relates to US 1 and Red Road, what review powers does the City of South Miami have? Red Road, being a state road, has already been reviewed under DRI regulations and Coral Gables Concurrency Management Program, which is evolving, did review the plans. There were two residents of Coral Gables present, wishing to speak against this project, saying that it would increase crime, traffic and noise in the adjacent neighborhoods. Following this presentation, the Board thanked the participants and wished them good luck The next Bakery Centre Workshop has been set for October 16th, 7:30 PM, in the Commission Chambers. Staff will contact all members to verify as soon as possible. Mr. Eisenhart asked Staff if the time and budget projections which had been requested by Flagler Federal from City Administration had been submitted. Ms. Lama stated that City Manager Hampton has written a memo to Flagler Federal explaining that it would be very hard for the City to arrive at a figure because of the difficulty in estimating the number of hours consultants will require, etc. In addition, he has asked that a meeting be scheduled next week between Flagler Federal and the City's consultants to arrive at some estimated cost projections for the project. As to the number of meetings, etc., Mr. Swarthout's flow charts included these. There has to be a decision made by this Board as to how many meetings will be held and when. Chairman Ligammare asked that Staff get information such as was presented this evening to the members earlier so they will have time to study it. Mr. Mackey stated that this information was received in the Planning Department at 3:15 on Monday afternoon. Mr. Ligammare wishes the City Manager, the Mayor, the Commission to be aware that it is very difficult for the members of the Board to be able to fully understand something like the Ordinance presented tonight without time enough to study it and ask questions of Staff prior to its coming to them.