Loading...
11-05-91f 5 J OFFICIAL AGENDA CITY OF SOUTH. MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING November 5, 1991 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: B. Pledge of Allegiance to the Flag of-the United States of America. C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes of October 15, 1991, Regular City Commission Meeting. 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND.PUBLIC HEARING: q /4pq 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) 4/5 5. An Ordinan< of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20 -2.3 of the Land Development Code of the City of South Miami to provide specific definitions for catering services; restaurant, accessory; restaurant, convenience; restaurant, general; and restaurant, walk -up; deleting eating.place definition from Section 20 -2.3; deleting eating place from Section 20 -2.3 (E); deleting eating place (accessory) from Section 20 -2.3 (E) providing the aforesaid restaurant categories as special uses in Section 20 -3.4 (B)(4); providing for severability; providing for ordinances in conflict; and providing an effective-date. (Mayor) 4/5 RESOLUTIONS FOR PUBLIC HEARING J46,VA 1 4MIq 1 6. A Resolution of the Mayor and City commission of the City of South Miami, Florida, granting a rc-quest by the School Board of Dade County, Florida, from the Planning Board of the City of South Miami for three variances from Section 20 -3.5 (C)(3) of the Land Development Code to allow a zero (0) foot 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 Develop6cir+t Code to require no additonal parking spaces where twenty six (2t) parking spaces are required for a proposed addition for the property known as 6750 SW 60 Street,South Miami, Florida 33143 (a public facility specially South Miami Middle School) and legally described herein= below. V,�© , q 1 ?I PC (P.B. /Administration) 4/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests pursuant to Section 20 -4.4 (H) of the LandiDevel.opment Code to reduce off - street parking up to fifty (50) percept 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 5786 Progress Road, South Miami, Florida 33143 and legally described hereinbelow. and for property known as 5770 Progress Road, South Miami, Florida, and legally described hereinbelow. 4/5 (P.B. /Administration) w M OFFICIALA-GENDA November 5, 1991 page 2 RESOLUTIONS FOR PUBLIC 'HEARING: 8. A Resolution of the Mayor and City Commission of the City of South--Miami, granting a request by Gerardo and Ana R. Socarras from Florida,. he Planning Board of the City of South Miami, for a variance from Section 20 -3.5 E of the Land Development Code to permit a side setback of 5.75 feet on the west side only, where a setback of '7.5 feet is required for the property known as 6374 SW 42nd Street, South Miami, Florida 33143 .and legally described hereinbelow. (P.B. /Administration) 4/5 RESOLUTIONS: (� - IPI. 9. A Resolution of the Mayor / and City Commission of the City of South Miami, Florida, expressing the concern of the City of South Miami, with the proposed University Village of the University of Miami and urging the City Commission of the City of Coral Gables, Florida, to consider alternative development plans which would place less intensive uses along S.W. 57th Avenue. P(Commi si oner Launcel ott) 3/5 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, resolving to reaffirm the City's Charter and directing. the City Attorney to prepare separate ballot question submitting the question to the electorate at the General Election in of February, 1992. 3/5 (Administration) 11. A Resolution of the Mayor a,nd City Commission of the City of South Miami, Florida, seeking services of a new City Attorney and thanking the current City Attorney for services rendered to the City of South Miami. (Vice -Mayor Carver.) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a 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 "Planning Consul nt." (Administration) 3/5 /,524- ?/. y 13. A Resolution of the Mayor and City Commission 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 Hail 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 4 C47- 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum:of $3,179.62 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett et al in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to account number 2100 -9950: "Reserve for Encumbrance." i,9 (�� (.Administration) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of red clay for the City's baseball fields at South Miami Field and Murray Park for a total price not to exceed $3,000.00 by the Recreation Department and providing for disbursement from account number 2000 -4620 "Maintenance and Repair - Operational Equipment." (Administration) 3/5 j OFFICIAL AGENDA November 5, 1991 page 3 RESOLUTIONS: /,X _q I _ qI � C 16. A Resolution of the Mayor a nd City Commission of the City of South Miami, Florida, authorizing the City Administration to modify its .agreement with Coral Gables, South Miami Khoury League, Inc., and to enter into a new agreement with South Miami F.O.P. Lodge 136, Inc., both agreements regarding the operation of a concession stand at South Miami Field. (Administration) 4/5 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a front end loader for a total price not•to exceed $2,620.00 by the Recreation Department and providing for disbursement from account number 2000 -6430 "E uipment - Operating." (Administration) 3/5 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of one "Fotofile" by the Police Department upon the basis that there is one source of supply; authorizing-the expenditure of $9,500.00 to Visatex Corporation for this equipment; charging the disbursement to t/1\119. account number 09 -1910 -6430: "Equipment - Operating." 42g- &21_ 91 J0q (Administration) 3/5 ,A Resolution of the Mayor and City Commission of the City of South Miami, Florida, 0.Q authorizing the purchase of eighteen (18) two (2) cubic yard dumpsters for a total price not to exceed $5,072.00 by the Public Works Department and providing for o disbursement from account number 1720 -6430: "Sanitation Equipment - Operating." (Administration) 3/5 ORDINANCES - FIRST READING: 20. 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. ; � t [;q f-7 (Commissioner Launcelott) 4/5 21. 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 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 22. �v An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63, miscellaneous provisions of the Code'of Ordinances of the City of South Miami by permitting open lot Christmas trees sales as a special use in SR GR and zoning districts; providing for terms and conditions of the special use; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Launcelott) 4/5 OFFICIAL AGENDA November 5, 1991 page 4 ORDINANCES - FIRST READING: 23. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, transferring the comprehensive fee schedule provided by Ordinance 14 -90 -1454 into the Land Development Code as Section 20 -7 thereof; providing for severability; providing for ordinances in conflict; and providing an effective date. 013 (Administration) 3/5 24. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to submit to the electorate the question of whether to construct a new Public Works facility by borrowing the funds or by disbursing the funds from the City's Revolving Trust Fund. (Mayor McCann) 4/5 25. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Sections 20 -3.6 (H)(2) of the Land Development Code by adding a new Subsection (c); amending Section 20 -3.6 (I)(4) and Section 3.6 (I)(5) of the Land Development Code to clarify regulations relating to hedges, fences, and accessory structures; providing for severability; providing for ordinances in conflict and providing an effective date. (Mayor McCann) 4/5 REMARKS: Ms. Dottie Antique Paradise, 5828 Sunset Drive, South Miami to address the Commission regarding Sanitation fees for her store. Your are hereby advised that decision with respect to any or hearing, such person will of the proceedings is made, and evidence upon which the if any person desires matter considered at need to ensure that a which record includes appeal is based. to appeal any this meeting verbatim record the testimony 6� 5 ORDINANCE NO. /AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES; RESTAURANT, ACCESSORY; RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP; DELETING EATING PLACE DEFINITION FROM SECTION 20 -2.3; DELETING EATING PLACE FROM SECTION 20 -2.3 (E); DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -2.3 (E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE CONDITIONS FOR RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP IN SECTION 20 -3.4 (B) (4); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN WHEREAS, the Mayor and City Commission desire to provide irification of the use heretofore known in the Land Development %-U"= of the City of South Miami as "Eating Place" to better regulate the distinct types of businesses which have operated under this use, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows: CATERING SERVICES. Shall mean the business of providing food for special events such as wedding receptions, parties or corporate entertainment. Such services may include auxiliary duties such as the hiring of help to serve prepared food, arranging for flowers, providing for decoration, and renting of equipment for such events. —Catering services shall not include any restaurant use or food and beverage consumption on the premises of the catering establishment. EA��N6- P�2£--- She��- �neea- spy- esttng- eetab�tehment- where - feed -arid drtr:�t -�9- prepared ; - served- er+d- eer�enmed -en- the- preatiaea- RESTAURANT, ACCESSORY. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of a small, specialty restaurant having floor area exclusively within an office center, sharing common parking facilities with other businesses within the office center, and having access to a common, interior pedestrian corridor within the center. This use may include take -out service and delivery service, but excludes any service to a customer in a motor vehicle. Seating must be provided for all patrons, and signage outside the center is prohibited. RESTAURANT, CONVENIENCE. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation is that of a fast -food or drive -in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with City Commission approval. J RESTAURANT, GENERAL. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. In either case, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include take -out service, but excludes any service to a customer in a motor vehicle; walk -up service and delivery service are prohibited. Seating must be provided for all patrons. RESTAURANT, WALK -UP. Shall mean an establishment where the principal business is the sale of food and beverage to the customer in a ready -to- consume state and where the design or principal method of operation is that of a storefront restaurant offering quick food service to pedestrians where orders are taken at a counter, where food is generally served in disposable wrapping or containers, and where food and beverages may be carried out,or consumed at tables in a patio area on private property. This use excludes any service to a customer in a motor vehicle, but may include delivery service with City Commission approval. tion 2. That Section 20 -3.3 (E) Schedule be amended to deli ZONING R L M 0 O O of the Permitted Use ate the following: C P DISTRICTS 0 A N R N S G I D K R R R S G ---- £attng- P�aee---------- - - - - -- S S -S -S -F - -�} -- -� ---- £attag- P�aee- faeeeeaerp� - - -- - -Y - -S -- -- -- -- - -�6 -- - -� Section 3. That Section 20 -3.3 (E) of the Permitted Use Schedule be amended to include the following: C P ZONING DISTRICTS O A 2 Section 4. That Section .20 -3.4 (B) (4) of the Special Use Conditions be amended to contain the following: (4) RESTAURANTS (a) RESTAURANTS, CONVENIENCE i. No vehicular ingress nor egress shall be permitted along streets & rights -of -way bordering residential zoning districts in the City of South Miami. ii. All Convenience Restaurants shall be spaced a minimum of three hundred (300) feet from any other Convenience Restaurant and any Walk -up Restaurant. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including but not limited to, traffic circulation, landscaping, lot size, access and facility arrangement for this Special Use Permit. (b) RESTAURANT, GENERAL i. All such establishments shall provide only insid! or patio service on private property. Public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. ii. No services of a walk -up, drive -in or of a fast food nature shall be permitted. Seating must be provided for all patrons; delivery service is prohibited. All General Restaurants shall be spaced a minimum of three hundred (300) feet from any other General Restaurant in the City of South Miami. iv. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. (c) RESTAURANT, WALK -UP i. Containers for the proper disposal of waste materials must be provided by the restaurant at all times during the hours of operation. The number of required containers shall be that approved by the City Commission. Such containers must be kept clean and well maintained at all times. ii. No such facility shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. iii. This use excludes any service to a customer in a motor vehicle, but may include delivery service with City Commission approval; seating is not required. iv. No Walk -Up Restaurant may sell or offer for sale any alcoholic beverage for consumption on or off the premises, including delivery, at any time. v. All Walk -up Restaurants facilities shall be spaced a minimum of three hundred ( 300) feet from any other Walk -up Restaurant and any Convenience Restaurant. 3 vi. The City Commission shall review and recommend approval, disapproval or modification of all site plans and specifications, including but not limited to, pedestrian circulation, facility access and facility arrangement for this Special Use. section 5. If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 6. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 7. This ordinance will take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1990. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 4 RESTAURANT ANALYSIS IN "SR" DISTRICT A Depot Restaurant is covering 34% of the block frontage at 71 Street and 23% at US1. No additional restaurant is permitted. B E1 Manara Restaurant is covering 2% of the block frontage at Sunset Drive. 18% or 113 Feet Restaurant frontage may be added as Special Use. C Bakery Centre, PUD. D Cheers, Deli Lane Cafe, and Your Father's Moustache including parking lots are covering 62% of the block frontage at 59 Avenue. No additional restaurant is permitted. Your Father's Moustache, including parking lot is covering 59% of the block frontage' at 73rd Street. No additional restaurant is permitted. Cheers is covering 28% of the block frontage at US1. No additional restaurant is permitted. E The College Inn and JJ's American Diner, including parking lots are covering 32% of the block frontage at Sunset Drive. No additional restaurant is permitted. JJ's American Diner and Bella Luna, including parking lots are covering 100% of the block frontage at 58th Court. No additional restaurant is permitted. Bella Luna, including parking lot is covering 50% of the block frontage at 73rd Street. No additional restaurant is permitted. F Ben & Jerry's is covering 05% of the block frontage at Sunset Drive. 15% or 43 feet of restaurant frontage may be added as Special Use. I New Chinatown and Le Glacier including parking lot are covering 66% of the block frontage at 59th Court, and 100% of the block frontage at 73rd Street. No additional restaurant is permitted. New Chinatown, including parking lot is covering 21% of the block frontage at US1. K "NR", not included in this study. N Finicky's Little Diner and Food Works are covering 10% of the block frontage at 57th Avenue. 10% or 26 feet of restaurant frontage may be added as Special Use. On the remaining blocks up to 20% of the block frontage may be occupied by restaurants under Special Use Permit. DING 'b'c SNING - MAY 1991 d ?� ..0 ✓r -- -. 64 i Y 14. I 1 v w ' r ,I Pv fj El th ri ♦ • ` I y - 1 •�G 1w J ?•.fir •� i1JW -S J•9^/ /�/ 1 8 y a n � 4i� �, cT � �_ . � ✓ u v � `I ' C ' e, ^% ► �. i 1 `�. ors ' s --'� I, ��•I,, It 'i•, 3w Sd: a Cr alr .. � r e 4. � a •�- v 1 • ^ N • -� • � � M T w f. 1 q. 1. w .. 1 ai •• f. - -T J ♦ V V V 1 S' ' " e •_� 11 Y �1 1 co �fy i 0 v Z CD e � . � V J N 4 . M M •. V o N � e G� O U n Z r Z n s ICI. /n z- —� Cr 0 a cn R . v '1 M W � %b 1. . r ^ r � 3w Sd: a Cr alr .. � r e 4. � a •�- v 1 • ^ N • -� • � � M T w f. 1 q. 1. w .. 1 ai •• f. - -T J ♦ V V V 1 S' ' " e •_� 11 Y �1 1 co �fy i 0 v Z CD e � . � V J N 4 . M M •. V o N � e G� O U n Z r Z n s ICI. /n z- —� Cr 0 a cn R ,4 V.- - - -. ♦ r eiZ 1 1 •' Z. MI Iry In .S� r 1:w• • .Ir J•. M � • _ I + I N • • v 0 � Y y vp W I ti —� a ' h P G c� M a O Cgi 1,17/y kA in Li �.� � w � •� d • I I M I 7 � •r I •I`•� -,� � � III •I u r • d _ I + I N • • v 0 -T vp —� a ' a y 3 . i -►1ro rz c ova Kos c o Mm r r�C-1 ors= r r� oz z r % crtl ro ti �t ��0K 0H c t- �t" >, U, `� 7ctn H> c, zztr yt73 c 3 0 n M s z •c z U; � j L vz o v � y H > } ti A — � f7 f I � I I T. I I � took I I 1 c z I Z � This is the percentage of the establishment's gross floor area over the block area. The total land area of the establishment has not been verified. Conclusion: Depot Restaurant block - Restaurant Coverage 6.6% - (1) E1 Manara block - Restaurant Coverage 1% - (2) JJ's block - Restaurant Coverage 14.25% - (3,4 & 9) Ben & Jerry's block - Restaurant Coverage 1% - (5) Cheers block - Restaurant Coverage 18.5% - (6, 7 & 8) Finicky's block - Restaurant Coverage 1.5% - (10 & 11) New Chinatown block - Restaurant Coverage 6.76% - (12 & 13) :LDING & ZONING - MARCH 1991 EATING PLACES IN neRn DISTRICT ESTABLISHMENT S. F. BLOCK SF PERCENTAGE 1. DEPOT RESTAURANT I I 1,550 23,432 I 6.61% Y 2. I 1,291 I 128,380 I 1.01% 581 �UNSET DRIVE 3. THE COLLEGE INN I 1,200 I 87,000 I 1.38% 5894 SUNSET DRIVE 4. JJ'S AMERICAN DINER I 4,600 I 87,000 I 5.29% 5850 SUNSET DRIVE 5. BEN AND JERRY'S I 1,040 I 82,650 I 1.23% 5812 SUNSET DRIVE 6. I 7,000 I 67,847 I 10.32% 5812ERSUNSET DRIVE 7. DELI LANE CAFE I 2,525 I 67,847 I 3.72% 7230 SW 59 AVENUE 8. YOUR FATHER'S MOUSTACHE 3,058 I 67,847 I 4.51% 7232 SW 59 AVENUE 9. BELLA LUNA 6,600 I 87,000 I 7.59% 5859 SW 73 STREET 10. FINICKY'S LITTLE DINER I 625 I 82,650 I .76% 7310 RED ROAD 11- FOOD WORKS I 625 I 82,650 I .76% RED ROAD 12. LE GLACIER I 1,350 I 93,938 I 1.44% 5950 S. HWY 13. NEW I 5,000 I 93,938 I 5.32% 8CHINATOWN HWY This is the percentage of the establishment's gross floor area over the block area. The total land area of the establishment has not been verified. Conclusion: Depot Restaurant block - Restaurant Coverage 6.6% - (1) E1 Manara block - Restaurant Coverage 1% - (2) JJ's block - Restaurant Coverage 14.25% - (3,4 & 9) Ben & Jerry's block - Restaurant Coverage 1% - (5) Cheers block - Restaurant Coverage 18.5% - (6, 7 & 8) Finicky's block - Restaurant Coverage 1.5% - (10 & 11) New Chinatown block - Restaurant Coverage 6.76% - (12 & 13) :LDING & ZONING - MARCH 1991 EATING PLACES IN "SR" DISTRICT ---------------------------------------------------------------- ESTABLISHMENT *FRONTAGE BLOCK FRONTAGE PERCENTAGE 1. DEPOT RESTAURANT @ 71ST STREET 81 239 34% @ U.S.1 72 311 23% 2. EL MANARA @ SUNSET DRIVE 14 629 02% 3. THE COLLEGE INN @ SUNSET DRIVE 20 300 07% 4. JJ'S AMERICAN DINER @ SUNSET DRIVE 46 300 16% @ 58TH COURT 114 290 39% 5. BEN AND JERRY'S @ SUNSET DRIVE 14 285 05$ 6. CHEERS @ U.S.1 135 483 28% @ 59TH AVENUE 75 307 24% 7. DELI LANE CAFE @ 59TH AVENUE 38 307 12% 8. YOUR FATHER'S MOUSTACHE @ 59TH AVENUE 37 307 12% @ 73RD STREET 70 370 18% 9. BELLA LUNA @ 58TH AVENUE 79 290 27% @ 73RD STREET 76 300 25% 10. FINICRY'S LITTLE DINER @ 57TH AVENUE 14 290 05% 11. FOOD WORKS @ 57THE AVENUE 14 290 05% 12. LE GLACIER @ 59TH COURT 48 287 17% 13. NEW CHINATOWN @ U.S.1 80 564 14% * Building only BUILDING & ZONING - MARCH 1991 G. s' t , A III r 1r W N Y r yy O ~ v H r � r � � H y �a O H N DO •Av,F w %J SS AMF 1 CA LA VNO G'1 CJ1 is W N F-+ n m 4 C�! Z C: 4 � � N v z H ti z C _ V � y �S NI 1 .s L f-?f,D I?OAZ _ 67 AVZ M L l I i O W N I•r O . . . . , , ►t H m r t� z y t� r ro G En 0 r X07 o< � > tea 4 H G�i y In a 1 • t C 'Z h T M ► I' M O z z R m or d = 0 ` ..1 } 4 � r ` I Y 1 tai • Q � a I NMI t V 'i• ..� V � V I • M � �1 � v j C r O � • 0, • �C r �-. I i v AI Z .`p,. - pr it I _ , 1 I v M' y V 1 ... • ../ • ti 1 y ItA PIN r n C Go 1 v' 0. r r � I;w L r br► r+ jo �0 r� v i l �' +,� � •a 1 v l n • t� �L r�`. i t •.'v a �T 0 •� r 1 • Its. t 0 NI ►�,J y 0 t J i 1 i L J1t •1blp '1i O � a J, S >v t z 1 1 4 v! 0 • i • �l i! 1 I L-.L- 1 i `' 1• T 1 0 Q 1♦ � a w •r o � S Y✓ Uvfa •. — � a � '1 •o A W �0 r� v i l �' +,� � •a 1 v l n • t� �L r�`. i t •.'v a �T 0 •� r 1 • Its. t 0 NI ►�,J y 0 t J i 1 i L J1t •1blp '1i O � a J, S >v t z 1 1 4 v! 0 • i • �l i! 1 I L-.L- 1 i `' 1• T 1 0 Q 1♦ a w ` F o � S Y✓ a 3 •. — � a � '1 •o A �0 r� v i l �' +,� � •a 1 v l n • t� �L r�`. i t •.'v a �T 0 •� r 1 • Its. t 0 NI ►�,J y 0 t J i 1 i L J1t •1blp '1i O � a J, S >v t z 1 1 4 v! 0 • i • �l i! 1 I L-.L- 1 i `' 1• T r •p y, + r• b •'ti 1 ''� 1 � 1 f'� I • 1 W N ✓r _5 G T 1 _/ 1 t • f- I ' N I C1r V O� •�,• 1 41 a ,a t:— --1 I r » M N « » �I • w ,a h ♦ V H c0! /7 • ll. ^ n C , I ♦ �,TN 1 - I —s•-� o ll c0 GO C_S 1 0 I � F7 r •p y, + r• b •'ti 1 ''� 1 � 1 f'� I • 1 W N ✓r _5 G T 1 _/ 1 t • f- I ' N I C1r V O� •�,• 1 41 a ,a t:— --1 I r » M N « » �I • w ,a h ♦ V H c0! /7 • ll. ^ n C , I ♦ �,TN 1 - I —s•-� o ll c0 GO C_S ROBERT K ►SWARMOUT, INCORPORATED city planning consultants 400 South Dixie Highway, Suite 121 Boca Raton, Florida 33432.6023 (407) 392,5800 (305) 467 S N March 12, 1991 Mayor and City Commission City *of South Miami 6130 Sunset Drive South Miami, Florida 33131 SUBJECT: Restaurants in the Specialty Retail District Dear Mayor and Commissioners: This letter reports on our field analysis of restaurants in the portion of the City designated as Specialty Retail/Residential in the Comprehensive Plan and Specialty Retail in the zoning ordinance. Our field survey was conducted with the intent of determining whether or not there might be, either now or in the future, so many restaurants that they would thwart the basic intent of the Specialty Retail/Residential Comprehensive Plan designation. We expected to draft appropriate regulations to address any present problem or potential future problem. From our professional experience we believe that a certain number of restaurants are important draws for any "downtown" which lacks a major retail anchor, as is the case in South Miami. However, it is not desirable that there be so many restaurants that they squeeze out other retail functions. We are unaware of any magic percentage below which there are too few restaurants and above which there are too many. The specialized professional literature might be able to suggest such a percentage. We did not do a thorough search of such literature as we thought the prospects of learning something definitive from it would be small in comparison to the amount of professional time that would have to be invested. The results of our field survey are sketched on the attached map; restaurants and restaurant buildings, both occupied and vacant, within the Specialty Retail District are indicated with a black dot and a number. It is our belief that there are not now too many restaurants. Nor would there be too many if the presently vacant buildings and store fronts which once housed restaurants were to again house restaurants. Indeed, we think that some growth in the number of restaurants could be desirable, particularly if such growth occurred away from those block faces fronting directly on Sunset Drive. Mayor and Commissioners City of South Miami March 12,1990 Page 2 Any restrictions on restaurants which are designed to protect or enhance the Specialty Retail/Residential concept should be applied to other uses which might also have a negative impact on this concept. This is necessary to meet court imposed standards of reasonableness and equal protection. Accordingly, we thought it important to give consideration to all of the uses which the Zoning Ordinance permits in the Specialty Retail category. We found many which we thought would be equally or more detrimental to the Specialty Retail concept than restaurants are likely to be. These uses are designated with a black dot and a heavy bold underline in the attached photo copy of pages 40 through 44 of the South Miami Zoning Ordinance. Uses which we think are clearly compatible with the Specialty Retail concept are designated with a heavy black circle. We think there is reason to tailor different regulations for those blocks which front on Sunset from those which do not front on Sunset. On those blocks which front directly on Sunset Drive, Specialty Retail is a land use pattern that already exists; it is to be protected and enhanced by the Comprehensive Plan and Zoning Ordinance. On those blocks which do not front directly on Sunset Drive, Specialty Retail/Residential is a land use pattern that is hoped for and is to be promoted by the Comprehensive Plan and Zoning Ordinance; it is not a condition which actually exists at the present time. There are probably many helpful ways to regulate restaurants and other uses which are potentially incompatible with the Specialty Retail Residential concept. We suggest the following set of these possibilities: 1. Create a new overlay district shown with a dashed line on the attached map. This can be called the Specialty Retail Core Overlay District. 2. Within the Specialty Retail Core Overlay District, permit restaurants by right so long as the sum total of all restaurants on any given Sunset Drive block face does not exceed 20 percent of the retail frontage on the block face for a depth of 50 feet. 3. Permit additional restaurants in the overlay district as a special land use. The most important standard for granting or denying special use approval should be a finding based on substantial and competent facts that the specific restaurant in question will enhance the Specialty Retail concept. A large new quality restaurant instead of the bank at Sunset Drive and 57th Court might well enhance the Specialty Retail concept. A large new restaurant in place of the retail shops east of 57th Court would likely not. Mayor and Commissioners City of South Miami March 12, 1990 Page 3 4. Permit certain types of restaurants, particularly medium - and low - turnover restaurants, by right and without special use conditions outside the core of the Specialty Retail District. It seems to us that such restaurants outside the Sunset Drive core would be an asset, at least for the immediate future. When the Specialty Retail land use pattern begins to expand to the full extent envisioned by the Comprehensive Plan, a different restaurant policy might be in order. 5. Prohibit or make special uses many or all of the uses designated with the black dot on the attached copies of pages 40 -44 of the Zoning Ordinance. Some of these uses could be treated more permissively outside the Core Overlay District than in it. We do not believe that these suggestions need be the last word. We would be happy to consider any other suggestions which might come from the Planning Department, the Planning Board, the Commission or the public. Yours truly, ROBERT K SWARTHOUT, INCORPORATED Robert IL Swarthout, AICP r A i J 1 i i I Sect =ort 20- 3.3(D) ZONING DISTRIC it C F R R R R R R R R R L M N S G I H P P 0 A S S S S T T M M 0 0 0 R R I R N R USE TYPE 1 2 3 4 6 9 1 2 D K 8 4 S G Bank or Savings Institution p p 11 BeaUmy or Barber Shop 1pip S S P P P 16 11 i Parlor Bowling Alley or Skating Rink S-ISJ Atuilriina__rnntrngtors OffiCe 1PIP p p p 11,11161 10 11 Catering Services 11 Chizan=actic Office or Clinic P P P P P PJ S 14 9 Contractor Plant & Storage p 14 Commuter Sunnl i Aa & Rarvi = P P P P P 11 in •Dance, Art, Music ar ` a _ia rr�� 1 P P P P 10 i D A Dry rl Aaning 411hRrari nn w. (no orncp-ssina) S S P P P 16 11 Dry IgAping of 7 EmDioyment Aaency p p p p Encrineerina Services p p p p p 11"11, 10 1 Gr Substation �'��rorst i Hc��n S P 3 1� � F1n� -pl '►r �r+� -e� Is P P P P 4 1 p Interior Decorator p p p p iaa ivP Sarig s invest r P P P P P 1101 10 I p Laboratory: Medica.i or ental, p�p p p p P P P 11 Law o f i p 11901 Lawn Maintenance Services p `11 Loan -or Finance Aaency IPPIPPIP p + 10 � .Marxet Research Services _ ppp p p 1 Medical ZS Ee p p p p p p 9 i 1 Qr Services p D Mails & Skin Care (accessory) S Notary Public I P P SIP P P 10 1 t7 '•� Lrn� P. IP P P P P P Pest control Services P 1 htsmi r•-3 1 ri t-n i t �-•. p 116111911 Photoarannic Studio S S P P 16 11 is u a Fr amino Store P P 11 Planning & Zonina Consultant p p p p p 10 LAND DEVELOPMENT CODE Revised Aucusc 22, 1990 4 3- CITY OF SOUTH MIAMI Section 20- 3.3(D) JSE TYPE Public Rela ns Sprvice.9 RE MO & Television Repair Shop I ReaLEstate Aaencv HQ�oqucr —, n & srmn i C -Ser T Ftesear_ch & Development Reupholstery-& Furniture Repair Services It Shoe a i r g4ja . 0 Stock Brokerage sarvices & Tailor or Seamstress Tax sr_ t Telephone Answerizs Services Tutorial services .� a r p-, r+T- f-4-Ma-M& r el Acency p wat tt�mnd lock Sales & Rep�1Z 0 Video Tape Rental Store RETAIL AND WgOt.FSl►r.F TRADE it Conditioning Sales & Services O.Antiaue or Curio Shop Automobile Dealer Bait & Tackle Shop • Bakery BicTvcie Sales & ServicES Boat realer Q [BOOK or stat oneriz • Business Macnine Sales & Services O amera & P ham—a-- SuRviv Store _Carne nQ_ -- z'1 tor_ i nq c a es- C-lothina or AD arel Stcre (new o l Q -`�Le L? ❑rtP! �l flr T_ ^_P r'= am o Dri or COnSUmer F? gr-x n i cs - - nr m"ai e- core -' • Dairy Produ= Store Q Debar,== t or rry �rZnxina Place # Druc , =harcacv or Sundr•,- store Eating Place (Accessor•l, ZOO" ?b ccnditions ZONING DISTRIC� C P R R R R R R R R R L M tl S G I H P P 0 A S S S S T T M M O O O R R R I R N R 1 2 3 4 6 9 1 2 D K 8 4 S G z�evzsea Auqus= I. 00F.; WIN. 9©■ ©ME �y 11112P.- m . M �i am EMU QNE m m� �i am EMU QNE S S P P PIP S S SIP S S 101 11 111 �i S S P P PIP S S SIP S S 101 11 111 Section 20- 3.3(D) USE TYPE FabgjC car nrnrery ghon Florist Gasoline Service Station store Gift, Nove-.LE7 or Glass and X=or Sales & Si Heavy macninery aa.LeS, Rental & Services RnF��y �+nv nr r'�tno Chpti 10 Household Ap2liance Store Home Furniture pr F�1rT�1 nQa 4toro 7 Jewelry _Store Lawn & 6araen Supplies Lawnmower Sales & Services 3 Luggage or Leather Goods Store LiQhti Q Q store T.l cmnr ctnre Lumber & Building Materials Store Mobile Food Vendors Monument Sales Motorcycle Dealer o Newsstand nml As_ r i ° nL. Glass & Wal an r Store m pet Sales •r Crnnmi na S?rvlces Plant "tursery or Greenhousse Plumbing Shoo Pouitr•7 seafood Market .ecreatonal Vehicle Deaier O .Bowing, Needlework Sr Piece Goods store O cramp � *ore O Snort ^� c;�ods Store (, Tnh r.. chnn I1Se ic=��L�n+rii�r�Cf -nr ( Alit =. -"mil tj d � M I 40000mm r Used Mercnanaise amore (Secondhand Goods) used Merchandise Store ivehicle Par--31 C wdois&;/w Sales & Storage ZONING DISTRICT C P R R R R• R R R R R L M N S G I H P P 0 A S S S S T T M M 0 0 0 R R R I R N R 1 2 3 4 6 9 1 2 D K 8 4 S G IN. H. 11111M. 0 �111Nlll11l111tlfl ' W01111111offi-N l� IN. H. 11111M. 0 IN H."1111W [gum 1.3.1 S S 6 11� S I PIP P I I I,-', 13 South M4ami Cc ILEVELOPMMIT CODE Revised January 15, 1993 CITY OF SOOTS HIMU 1 4 2 mll�mmmmi IN H."1111W [gum 1.3.1 S S 6 11� S I PIP P I I I,-', 13 South M4ami Cc ILEVELOPMMIT CODE Revised January 15, 1993 CITY OF SOOTS HIMU 1 4 2 Section 20-3.2(D) JSE TYPE ZONING DISTRICT R R R R R R R R R L M N S S S S T T M M 0 0 0 R 1 2 3 4 6 9 1 2 8 4 TRANSPORTATION, WAREHOUSING AND COMKUNICATIONS ► Radio & TV eroa ca_sti r,Q a j on jb' ranslt or Taxi Termin 00 c .5toraqe Locker Material Storaae Yard Storage Garage, Transfer & Moving Company Vehicle & Truck Storaae Public Warehousing & Storage MANUFACTURING AND INTENSIVE USES F C P G I H P P 0 A R I R N R Cabinet Making & Millwork D K S G RINN P P 0 12 12 14 14 14 Apparei r Cabinet Making & Millwork p 14 Food Products (no abattoir or dis-tillary) P 14 Furniture & Fixtures P 14 Machine Shop Ornamental P 14 lint & Allied Products P Printing, Publishing 1141 Bookbinding or Sign Painting & Lettering Shop P 14 Stone Cutting & Processi.nq P I I 1 14 a (j r Upholstery Shop P I 1 11 114 LAND DEVE1,004ENT CODE Revisea Auausr 22, :290 CITY OF SOUTH HT1MT 4 4 Draft #1 Amendment to City of South Miami Land Development Code Related to MODIFICATIONS in the EXISTING SPECIALTY RETAIL DISTRICT Frers.- CREATION of a NEW SPECIALTY RETAIL CORE DISTRICT May 2, 1991 Prepared by 4,dd to Section 20-2.3 the following deftnitions: RESTAURANT, LOW TO MEDIUM TURNOVER: Such restaurants shall have table service for all tables within the establishment. Average turnover time for each customer's meal shall be greater than thirty (30) minutes. Restaurants with drive -up or drive -in service shall not be low to medium turnover restaurants by definition. RESTAURANT, HIGH TURNOVER: Such restaurants need not have any table service for seats at tables. Average turnover time may be less than thirty (30) minutes. Add to Section 20.3.1 the following: (13 A) "SRC" Specialty Retail Core District The basic purpose of this district is to facilitate specialty retail sales uses in sufficient numbers and concentrations to enable most of the uses to benefit from the customer traffic generated by the other uses, thus creating what is sometimes referred to as a "critical mass." At the time of this ordinance's enactment, the specialty retail core area contained a mix of retail sales uses which was believed to constitute a successful "critical mass." Based on professional advice, the South Miami City Commission determined that the then existing number and type of restaurants within the district was beneficial to the "critical mass" and that additional restaurants might also be beneficial. However, the City Commission also determined that a great proliferation of restaurants could squeeze out retail sales uses to the detriment of the area. Accordingly, these regulations provide for restricting restaurants in the Specialty Retail Core District. Delete the existing Section 20-3.3 (C) (6). Add a new Section 20-3.3 (C) (6) as follows: (6) Use Regulations Applicable to the Specialty Retail District Uses Permitted by Right: The following residential uses shall be permitted by right, provided they are located at the second floor level or above and provided further that retail uses are at the first floor level below them: 2 Dwelling, Multi- family The following public and institutional uses shall be permitted by right: .Museum, library, art gallery Park or playground, public School, vocational for office skills The following business and professional offices shall be permitted by right, provided they are located at the second floor level and provided further that retail uses are located at the first floor level below them: Accounting and auditing office Advertising office Architectural office Building contractor office Chiropractic office Counseling office Computer service office Credit reporting office Dentist office Employment office, private Engineering office Insurance office Investigative service office Investment & tax counseling office Law office Loan or finance agency office Market research office Medical office Notary public office Opticians office Planning & zoning consultant office Public relations service office Real estate agency office Reproduction & stenographic service office Stock brokerage office Telephone answering service office Tutorial service office The following personal service uses shall be permitted by right provided they are located at the first or second floor level: Beauty or barber shops Bars and lounges as accessories to restaurants Dance, art, music or martial arts studio Film processing substations 3 Photographic studio Physical fitness studio Restaurants, low and medium turnover Restaurants, sandwich shops and snack bars Shoe repair service Tailor or seamstress Travel agency Video tape rental service Watch and clock sales & repair service The following retail sales uses shall be permitted by right provided they are located at the first or second floor level: Antique or curio store Bakery shop Book or stationery store Camera and photo supply store Carpet and flooring store Clothing and apparel, new, store Confectionery or ice cream parlor Consumer electronics store Cosmetic store Fabric or drapery shop Florist shop Gift, novelty or souvenir shop Hobby, toy or game shop Home furniture store Interior decorator store Jewelry store Luggage or leather goods store Lighting fixture store Liquor store Newsstand �. Office supply store Optical goods store Picture framing shop Poultry, meat or seafood market Sewing, needlework or piece goods store Shoe store Used merchandise on consignment Variety store Uses permitted as special land uses: Automobile parking structure Bars and lounges as accessory to low and medium turnover restaurants, provided the special land use review authority finds, based on substantial and competent evidence, that the 4 proposed accessory bar will constitute a minor and insignincant part of the business insofar as its external impact on neighboring uses is concerned. Add Section 20-3.3 (C) (7) as follows. (7) Use Regulations Applicable to the Specialty Retail Core District The uses permitted by right and as special uses in the Specialty Retail Core District shall be the same as in the Specialty Retail District, except that restaurants and bars and lounges shall be subject to the following provisions: Low turnover to medium turnover restaurants and sandwich shop and snack bar type restaurants shall be permitted by right in the Specialty Retail Core District, except that such restaurants shall be permitted only as special uses if they, plus the other restaurants in the block in which they are located, would occupy a total of more than twenty (20) percent of the Sunset Drive frontage on that block to a depth of fifty (50) feet from the front building line. A restaurant which does not qualify as a permitted by right use may be approved as special land use provided the special land use review authority finds, based on substantial and competent evidence, that it will make a positive contribution to the overall viability of retail sales uses on the block and in the general vicinity and further that it will further the intent of the district. In making such a determination, the special land use review authority may consider the specific location of the proposed restaurant in relation to other specific uses, the type of use the restaurant would be replacing, the other types of uses which might reasonably be expected to occupy the space if the proposed restaurant did not and any other facts which might be pertinent to the determination. However, the special land use review authority shall not consider any detrimental impact which a proposed restaurant might have on competing restaurants as a basis for denying the special use approval. Modify Section 20.3.3 (D) to delete the column headed 'SR" E BASED ON THE ROBERT K SWARTHOUT'S PROPOSAL FOR A NEW SPECIALTY RETAIL CORE DISTRICT, REPORT OF MAY 2, 1991. BLOCKS A Depot Restaurant is not in the "SRC" District. It is Permitted by Right. ** B E1 Manara Restaurant is in the "SRC" and it is Low to Medium Turnover. (200 - 020 = 18% or 113 Feet Restaurant frontage may be added as Permitted by Right (Low to Medium Turnover).* E _The College Inn 07% JJ's American Diner 16% A total of 23% Restaurant frontage is existing. No additional Restaurant is Permitted on this block.* F Ben & Jerry's 050 (200 - 05% = 150 or 42.75 Feet Restaurant frontage may be added as Permitted by Right (Low to Medium Turnover).* D Cheers is not in the "SRC" District. It is Permitted by Right. ** D Deli Lane Cafe and Your Father's Moustache do not front on Sunset. They are Permitted by Right (Low to Medium Turnover). ** E Bella Luna does not front on Sunset. It is Permitted By Right. ** N &I Finicky's Little Diner, Food Works, Le Glacier, and New Chinatown are not in the "SRC" District. They are Permitted by Right. ** -uS The two 5700 Blocks of Sunset Drive, across from the Bakery Centre. (20% x 2851) = 57 feet Restaurant frontage may be added as Permitted by Right (Low to Medium Turnover) for each block).* J,K Restaurant is Permitted by Right. ** L&M * Additional Restaurant Frontage may be permitted as Special Use. ** Only Low & Medium Turnover and /or Sandwich Shops and Snack Bars BUILDING & ZONING - MAY 1991 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES; RESTAURANT, ACCESSORY; RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP; DELETING EATING PLACE DEFINITION FROM SECTION 20 -2.3; DELETING EATING PLACE FROM SECTION 20 -2.3 (E); DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -2.3 (E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE CONDITIONS FOR RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP IN SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Attorney Alan Gold, representing Flagler Federal, signed in and presented a draft of proposed language to be added to the Ordinance as stated above. This would address a retail mall setting where there is a combination of retail and restaurant uses. This would include mall food courts. Nothing in this Ordinance is intended to limit the City Commission from establishing different criteria for restaurants or for fast food restaurants in a retail mall which are approved as a PUD. Attorney Bob Donlon signed in to participate in the Public Hearing. Mr. Donlon represented the estate of John E. Blake, the former ,-Arby's property. His interest is in the distance requirements for general restaurants. Mr. Donlon questioned why should the 300' rule apply in the general restaurant category. There have been approximately five restaurant- oriented sales contracts on the Arby's property, none of which have gone through because of this distance requirement and the proximity of two restaurant locations to this property. H. Kassner, a Commercial Real Estate Broker, signed in and addressed the Board stating that the 300' restriction, as regards the general restaurant category, tends to also restrict the possibility of encouraging additional retail businesses which small general restaurants would enhance. In restricting commercial and office uses in the retail district, this proposal further limits a complimentary use for shopping, that is general restaurant. Mr. Mackey stated this item comes before the Planning Board again at the request of the City Commission to further refine the language. Mr. Gutierrez restated his desire to eliminate all distance requirements between restaurants because the ruling discriminates against restaurants as opposed to any other business. The distance requirement between fast food establishments is more logical because of the traffic. If anything, an increase in this restriction for fast food establishments would not be out of order. Also, a walk -up service .(page 2 of the revision) in connection with a general restaurant would not be inappropriate, a recommendation of which could be approved by the City Commission. Mr. Gutierrez also broached the subject of delivery services which is not being addressed at present in this proposal. Vote: Approved: 5 Opposed: 0 SEE ATTACHED SUGGESTION FROM MR. GOLD. xg�4sas.pn� TO: HONORABLE CHAIRMAN AND MEMBERS OF THE SOUTH MIAMI PLANNING AND ZONING BOARD FROM: ALAN S. GOLD DATE: January 29, 1991 RE2 REQUEST FOR AMENDMENT TO SECTION 4 OF PROPOSED ORDINANCE PERTAINING TO RESTAURANTS In order to address restaurants use in retail malls as permitted by planned unit development, it is recommended that Section 4 of the proposed Ordinance be amended by adding a new subsection (c) as follows: "Nothing in this Ordinance is intended to limit the right of the City Commission to establish different criteria for restaurants as fast food restaurants in retail malls Which are approved as part of planned unit development." V a DQGIf�4', Z 39H UM1090VON W9116,1VI (301) WOU S TA F F REPORT PB -90 -025 January 25, 1991 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES; RESTAURANT, ACCESSORY; RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP; DELETING EATING PLACE DEFINITION FROM SECTION 20 -2.3; DELETING EATING PLACE FROM SECTION 20 -2.3 (E); DELETING EATING PLACE (ACCESSORY) FROM SECTION 20-2.3 (E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE CONDITIONS FOR RESTAURANT, CONVENIENCE; RESTAURANT, GENERAL; AND RESTAURANT, WALK -UP IN SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. OJZ44 • The Planning Board previously reviewed the attached "DRAFT" document which should have been presented as a recommendation from the staff to the Planning Board. Before the Board tonight is a copy of the first reading version of the ordinance as presented to the City Commission, as well as the previously reviewed "DRAFT" for the Planning Board's consideration as a recommendation. ORDINANCE C�`h6Y � AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES; RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20- 2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E); DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3 (E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS SPECIAL USES IN SECTION 20 -3.3 (E) ; PROVIDING SPECIAL USE CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission desire to provide clarification of the use heretofore known in the Land Development Code of the City of South Miami as "Eating Place" to better regulate the distinct types of businesses which have operated under this use, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows: CATERING SERVICES. Shall mean the business of providing food for special events such as wedding receptions, parties or corporate entertainment. Catering services shall not include any restaurant use or food and beverage consumption on the premises of the - catering establishment. £A��N6- P�2£--- Sha��- peen- sn�r- eettng- estn���sh�eent- where- teed -end drtn3t -mss- prepared; - ser�ted- er�d- eer�snmed -en- tie- pren�sses- RESTAURANT. Shall mean an establishment for the sale of food and beverages, the principal method of operation being either of the following: sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served by a restaurant employee, or cafeteria -type restaurants where food and beverages are served and are consumed on the premises. RESTAURANT, ACCESSORY. Shall mean an establishment for the sale of food and beverages and where the establishment has access to a common circulation area within an office center. This use may include take -out service and delivery service. Seating must be provided for all patrons. RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of food and beverages and where the principal method of operation is that of a fast -food or drive -in restaurant, and where food and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with the approval of the City Commission. Section 2. That Section 20 -3.3 (E) of the Permitted Use Schedule be amended to delete the following: C I P ZONING DISTRICTS 0 A Schedule be amended to include the following: N R Li Mi N S) Gj II D K OI 01 R� RI R( I S G ---- Eet�ng- P�eee---------------- �-- �-- �-- �- 5 *- S�- S- �- r��--- �- -� - -=r Section 3. That Section 20 -3.3 (E) of the Permitted Use Schedule be amended to include the following: C P ZONING DISTRICTS 0 A N R R L M N S G I D K O 0 O R R R S G Restaurant S S S P 4(a) 7 S S 6 N Restaurant, Fast Food I I I-SI S1 4(b) 7 Section 4. That Section 20 -3.4 (B)(4) of the Special Use Conditions be amended to contain the following: (4) RESTAURANTS — (a) RESTAURANT i. All such establishments shall provide only inside or patio service on private property. ii. No services of a walk -up, drive -in or of a fast food nature shall be permitted. Seating must be provided for all patrons; delivery service is prohibited. All Restaurants shall be spaced a minimum of three hundred (300) feet from any other Restaurant. iv. The City Commission shall review and approve the site plan. (b) RESTAURANTS, FAST FOOD i. No vehicular ingress nor egress shall be permitted along streets & rights-of-way bordering residential zoning districts in the City of South Miami. ii. All Fast Food Restaurants shall be spaced a minimum of three hundred ( 300 ) feet from any other Fast Food Restaurant. The City Commission shall review and approve the site plan. Section 5. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 6. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 7. This Ordinance will take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1990. APPROVED: 1 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY s 3 G 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 138 %1; TO ALLOW AN IMPERVIOUS COVERAGE OF SEVENTY SIX PERCENT (76 %) AND ONE VARIANCE FROM SEC. 20 -3.5 B (121 OF THE LAND DEVELOPMENT CODE TO REQUIRE NO ADDITIONAL PARKING SPACES WHERE TWENTY SIX (26) PARKING SPACES ARE REQUIRED FOR A PROPOSED ADDITION FOR THE PROPERTY KNOWN AS 6750 S.W. GOTH STREET SOUTH MIAMI, FLORIDA 33143 (A PUBLIC FACILITY, SPECIFICALLY SOUTH MIAMI MIDDLE SCHOOL) AND LEGALLY DESCRIBED HEREINAELOW WHEREAS, The School Board of Dade County, Florida requested the Planning Board of the City of South Miami for three variances from Sec. 20 -3.5 C (3) of the Land Development Code: 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 property is legally des c abed as `ollows: and The North 249.85 felt if the NE 1/4 of the SE 1/4 of Section 26, Tovnship 54 South, Range 40 East, Lees the North 25 feet and the East 35 feet thereof and that portion vhich 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 fort 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: gtction 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 �o 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 for the property known as 6750 S.W. 60th Street, South Miami, Florida 33143, 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 • ' n ri. / z Y . • •' w Io r r• m ;, vl • Jr ' I , 2 I � • r , `' lil 3 I I to tsl,A3 1 I S. h1,1'f11M will f, n 1 4 I — t Saurr Mu,v, • J I SEN /OR 'Y/40 SC•gK r I r , i 4 I ,♦ r • �I� 1 A•• 3 JJ1 .' I I • c � I I 4 , • ' • f �• ' Yll.lw�r .rl.lr Lpr ,'r � !w JI^ •,r toll „ r 3 1 , PN -r I \aJYI /r \ Ili 11 I ' 'r w,.l I . ' t, "r , , • vlr• P , EGO � > '• . • / » I\ „� • rl r� rr PR z r ■ III , , r .. ,� _ - -� J, A .4 y . I I • X131 • 7 , ! •. a,•• . f o • a,• rr f J I . a • ,' • 1 r• I . • ! III ./ • ♦ ! t • 1 1 I '' '' I /t ' I • J • I , • • • 11 , f aw •3 ••Y • • �' h, , •' I ' r } s J ' ' 1 ' �Ar V• i,� r' I • I f ,. f j , , . i , I . r, . r • • . �w.. • '• j „ fAACf ,7 TACT a f.AC IS ' • •�•l� • w 1 � I i e Io. A r.ACT q TRACT ': • _ L ,•r , . . ✓. IF TOACT I T•ACr •� t.Atr t r•ACT • . ; ' . / • . . , to �'♦ • 7 .. • • • 7 I •,• ! J • ' 1 IrAACr • rul•r 7 roar t ? &ACT I ' ' t ♦f� J ri , . • l• » v� i I j I! � r, '., � 1 , .� ■ I . i ` I . , RO ■ APPLICANT: OWNER: _ •.4PV P REFERENCE: c� %5O �jw /,, -eel Compass O1 NTS: �! 1! Scale. F .M (Oco. . �r h Y1►Q/?GGS_ �a.20.'�'SC Date. .41,U 01 j - E DrnSC -t .Chk..... . "-6ITV of SOUTu ,�. ���►elz �KIAMI PLANNING -. aoARD Hearing No.�1..ow f' THE CITY Of �outlz • 413* 8UNPCT D111Vt, •OUT" MIAMI, FLORIDA 77143 Z 0 N I N G P S T I T I 0 N �Nlemmtr SAe Soael board of 1161. Count apar t /ir Y. llorsda V•rlaetoe from Section 20- 3.5(C)(3) at the L•od Develop Coda to allow •sere o iO f = propoead addition, where the ex3ats8q rear wtt+•olt toe • no ( ) set and • allnimlam twenty live (2s) !wt rear wti►•ejt la required. ( ) [eat rwr. amt /at ncontormitq dimenalon V•rlance from MsaUOn 20- 3.&(C)(3) at the Land Dwalopwnt Code to allow • Of thirty eight percent (344) where the exlsti dlsemSlew k thirty building courage Y four Percent 4341) and • sexier building Covarape for a nonoontorminq at aprt Iar Variance from Section 20.3.5 thirty Peroamt (301) is Paermlttad. of seventy six MCC) of the Lend Develepsemt COde to allow an i 03wrtalon la p -ant !701) • ware the sxlatinq = tiPervloua nonconforming a7ummt 148 seventy �rw Percent (7311 and • mattlmunOfOf fort CoGCO*n for a nonoonterelnq Vaxianoe from Y Peeoent (401) la pornitted. P•rkinq spaces where twenty 3!3)`2]; oOr t Land Development Code to require no additional L3as,Lr Y six 20 nq SP•oas are r She Mertb 24!.32 fart of squired for •Proposed addition. fart, Less to MOrth 26 lNt !rM 1/4 of the Si 1/4 O! Sao Lon Tar Township 4 the external •roe formed a •a�6.00 toottrad3u� oof and that p South, ]•nqe 40 Meat line of the Seat 39.00 teat o! tote tfS 1/• of the art 1/4 at said Son which 11• within _ thwest, tangent Section 20 to the a SX1 �h Florida (A Public fac"Ity' aPeclfleally 9OWA Meal Middle Saboel) Petition We, the undersigned property owners, are within Soo feet of the property. We understand and approve the above request above e 50 -37 A _ _7;V. (continued on page 2) _s czj jrA C. �5,, W--6 7"rA 14 Y'14 S -- - - - - - - - - - - -- Page 1 STAFF' REPORT Applicant: The School Board of Dade County, Florida Request 11: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback for a nonconforming dimension is zero (0) feet and a minimum twenty five (25) feet rear setback is required. Request 12: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a building coverage of thirty eight percent (38 %) where the existing Building Coverage for a nonconforming dimension is thirty four percent ( 34 %) and a maximum of thirty percent (30 %) is permitted. Request 13: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow an Impervious Coverage of seventy six percent (76 %), where the existing Impervious Coverage for a nonconforming dimension is seventy three percent (73 %) and a maximum of forty percent (40 %) is permitted. Request 14: Variance from Section 20- 4.4(B)(12) of the Land Development Code to require no additional parking spaces where twenty six (26) parking spaces are required for a proposed addition. LEGAL: The North 249.85 feet of the NE 1/4 of the SE 1/4 of Section 26, Township 54 South, Range 40 East, - Less the North 25 feet and the East 35 feet thereof and that portion which lies within the external area formed be a 25.00 foot radius 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(0)(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 loon) 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. um- 7 ' ty of South- Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD ,roperty Owner: ;hey S�hooi BoM of Signature• I e ounty, orida .o` .ddress: a � i ey, ice- naitperson i 1450 N.E. 2 Ave., Miami, F1 3313 Phone Number :995 -7288 epresented By: Michael A. Levine, Coordi na ddress : 1444 Biscayne Blvd., Suite 302 r organization: Dade County Public Schools; Phone: 995 -7288 " ' Fax rchitect: Peggy Nye & Associates prr�.�� Phone: 374 -6230 ngineer: Fortin, Leavy, Skiles, Inc. Phone: 653 -4493 wrier X Option to purchase _ Contract to purchase _ Copy attached? f applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION of s Block Subdivision PB - rtes and Bounds: SEE ATTACHED 11 APPLICATION IS HEREBY MADE FOR THE FOLLOWING: X Variance Special Use Rezoning Text Amendment to LDC Home Occupational License PUD Approval PUD Major Change 3riefly_ explain application and cite specific Code sections: South Miami Middle School sits on an undersized site. In order to provide additional facilities, a variance is requested to modify setback, impervious coverage and building I :overage requirements. Letter of intent X Proof of ownership X Current survey SUBMITTED MATERIALS --L Hardship statement X Reasons for change Power of attorney Contract to purchase X Site plan (7 copies) X Required fee(s) the undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct =o the best of the applicant's krewledge, and belief. August 30, 1991 )ate .i,o c�. n, rauas.i.icy � vy.V.c— vua.a.�.rcaavu A r licant's Signature' and title pon receipt, applications and all submitted materials will be reviewed for ompliance with City Codes and other applicable regulations. Applications ound not in compliance will be rejected and returned to the applicant. USE ONLY : DATE FILED PB HEARING COMMISSION ACCEPTED REJECTED PETITION REQUIRED DEADLINE OTHER INFO PETITION•ACCEPTED DADE COUNTY PUBLIC. SCHOOLS 31TE PLANNING & GOVERNMENT LIAISON DEPARTMENT • 1444 BISCAYNE BLVD., SUITE 302 • MIAMI, FL 33132 (305) 995 -7280 :)CTAVIO J. VISIEDO DADE COUNTY SCHOOL BOARD SUPERINTENDENT OF SCHOOLS MR. WILLIAM H. TURNER. CHAIRPERSON September 3, 1991 MS. JANET R. McALILEY. VICE-CHAIRPERSON MR. G. HOLMES BRADDOCK DR. ROSA CASTRO FEWBEAG MS. BETSY KAALAN DR. MICHAEL KROP The City of South Miami MR. ROBERTReNCK 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: South Miami Middle School, which was constructed in 1955, serves over�200 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 to Dade County Public Schools. Failure to build the wing in the.area shown will severely impact our ability to provide a quality education to the students attending this school who are residents of the City of South Miami or elsewhere in the county. I City of South Miami September 3, 1991 Page Two 0 We therefore respectfully request that the City grant our petition. Sir),cerely, MicnaelP. Levine Coordinator II MAL:md L -2219 cc: Ms. Della L. Hatch Mr. Leon A. Valentine DADE COUNTY PUBLIC SCHOOLS SITE PLANNING & GOVERNMENT LIAISON DEPARTMENT a 1444 BISCAYNE BLVD., SUITE 302 • 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 D ear Mackey: DADE COUNTY SCHOOL BOARD MR. WILLIAM H. TURNER, CHAIRPERSON MS. JANET R. McALILEY, VICE- CFWRAERSDN MR. G. HOWES BRADOOCK DR. ROSA CASTRO FEINBERG MS, BETSY KAPLAN DR. MICKAEL KROP 1991 MR. ROBERT RENCK As discussed this date, I an 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 MAL:md L -2200 Attachments continued cooperation. S' cerely, Michael A. Levine Coordinator II cc: Ms. Della L. Hatch Mr. Leon A. Valentine 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 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. MCAULEY, VICE-CHAIRPERSON MR. G. HOLMES BRADDOCK DR. ROSA CASTRO FEINBERG MS. BETSY KAPLAN DR. MICHAEL. KROP MR. ROBERT RENICK INN L 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 worst 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. Thahk you for your cooperation. MAL:md L -2193 Enclosures cc: Ms. Virginia L.: Rosen Ms. Della L. Hatch Mr. Leon A. Valentine 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. STRICXLAND, SHARON STRICKLAND, EDWARD PAWLEY III, AND CLARA PAWLEY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5786 PROGRESS ROAD, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DFSCRIR�!D 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 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 I. That the request of Alberto Araujo, Aleida Araujo, A1bAr.to Araujo 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 stzucture located within 500 feet of the South Miami Metrorail Station, said request for the property known as 5786 Progress Road, South 7 Miami, Florida 33143, be, and the same hereby is, approved. PP ed. PASSED AND ADOPTED this th day of July, 1991, ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 APPROVED: MAYOR o s\ ro h j Sj 57 Sd nr y v� y, 76 <f mac• � 60 '�� r� ff i• c� �• h �9 I bl DoE ri s` tl;� ��! �� S 41 isL % �.. LS�Ls zzzo// I -DwNSI /'t • OF . �. � re i♦ .o.11 t1 '1. .,..E A zi .. _ ...._ OMNI APPLICANT: AF. Vio 4- S-riL ler. L4pp OWNER: SOAP , STRICXLA*+Q* ?AW LEA MAP REFERENCE: 5770 f 5786 Fjec&ass Zo COMMENTS: 5b% PK6 lLR>U CTI 01-i SrScwiAL 059 ?efzMlor Cl or MUTH AIAMI PLANNING WARD Compass Scaler1%. skoku Date. 1. . Drn . W.1i . Chk .... . Hearing No Z1 Lug oT _%ioum miami 6130 Sunset Drive. youth Miami. Fionda 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD ?roperty Owner: ROBERT STRICKLAND Signature: -✓ c address • 101 SARTO AVE., Coral Gables, Fl. Phone Number • 448 -8961 • I 2epresented Bv: ALEIDA AND/OR ALBERTO ARAUJO I i Organization: COLORIN AUTO TECH INC. 7/lu ana %ddress : 5786 PROGRESS ROAD, SOUTH MIAMI (proposed lac ne : .432-1468 architect: Phone: ,ngineer: FERNANDO R. GOMEZ PINA Phone: 261 -5969 )weer _ Option to purchase x Contract to purchase _ Copy attached? Ef applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION 56- 57 -58 -59 (5770) mot(s) 52- 53 -54 -55 (5786) Block 9 Subdivision TOWNSIDE OF LARKINS Metes and Bounds: PB --L- 105 APPLICATION IS HEREBY MADE FOR THE FOLLOWING: variance Special Use Rezoning Text Amendment to LDC Home Occupational License PUD Approval PUD Major Chancy' Briefly explain application and cite specific Code sections: 50oo °. VAFK/NG f&-DUCr1W Letter of intent P oof of ownership Current survey SUBMITTED MATERIALS Hardship statement Power of attorney Site plan (7 copies) Reasons for change Contract to purchase __Ir/_Reguired f ee (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. 5 -24 -91 Date Ap'ticagt£'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. 1 - - - - O 7DHEADLI E ONLY : /_ Amn DEARING �Y /�� ANE i DATE FILED COMMISSION OTHER INFO CEPTED REJECTED PETITION REQUIRED PETITION ACCEPTED May 24th, 1991 City of South Miami Attn: Planning 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.- :nt about ter, f ?-L if t :iny ztle 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 surrounding 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 H Auto T ch no. Albert Ar President cc: Robert Strickland Sonia Lama leida Araujo . Secretary 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 bW the PrOPeX-Y 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.praperties 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 catply with the required parking spaces. Pir. 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, Peed 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 members of the City of South Miami, including the Mayor, Mrs. Cathy.MeCann, as long as we ccuply with the city requirements. - Mr.. St-ri c- i m 's acceptance of Providing.. at his own e) rpense the rwraired parking spaces and his power of attorney in order to allow us to freely negotiate with all Offices and members involved. - Acceptance from 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 - truction complies 'with all building c3i ng des and all. we .need is to' go .thru the final steps with the Envirnnental. Review and Presezvatlon Board for -the .construction of the rang and "cosmetic" ts. (copy of projection at . your office) -.Alm we are in the process of rmquest.ng 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 Miami Metrorail Station. to all of the above mentioned facts, we herby request approval of the 16 extra arking spaces required at this time in .order to get immediate C.O. Those spaces can only be provided by the South Miami, Metrorail Garage. Mr. Bert Perez Page 2 Of-2 If the South Miami Planning Board approves 50% of the required parking spaces, we can cancel at least - 8 of the required 16 spaces. For your information, we hereby confirm that we only need the requested spaces as a formality to comply with the . C:ity of South "Miami requirements - We will compncmuse ourselves that those spaces are not going to be used. We cannot take customer's cars to any other. location but ours, besides that we do not need for our operation so many spaces. Tills is known by all parties involve and we all agreed to let you know in.order for you• to understand the situation and the reason for the spaces. We will comply with the required insurance certificate and.. any other required docu- ment. Please be .aware that our requirement is for a max= mt of 12 nmth in order to be able to. finalized 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 ors and ourselves will be lost as -well as all the money. involved. We will find 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 then are not working now and are looking forward for the opening of the body shop. Also please be informed that Mr. Strickland compromised with us to pay 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 meet with Mr. Frank Talled and/or Mr.. Joaquin Avino. If you need••more• please feel free to contact us or to call Ms. Sonia Lama who is very well • familiar with this problem. Due. to the urgency of our•sittiation we will appreciate your prompt cooperation regar- ding this important matter. Thanking you in advance for any consideration given to this matter and looking forward to hear from you soon, we remain, Sincerely yours f, Alberto Araujb cc: 9a m . ,C,=y McCann Robert Strickland 7 Aleida Araujo JI f I i NEW .01 ' J Tr— JO - !� � .mot ,i•� rl f� � r, I � �' , I t r !s O.fA NO J �A to tAGT ,f $ ' ' I I I j h � r! �• .try. ve 34 ! GL Yl union h . �T. •� �u�l V �e f _ 7-3 .� . 61 • 5,c Canner Nf Corir�'r Sec a` •_5 600*7e) 67 N.W. LY. R/W LINE N PROGRESS ROAD IS' PVMT N' 1 • QO 0 QO ` w Q O Ui Cleo Clear 933 Found. iron pipe 1/2" F.E.C.R.R. RIGHTS OF WAY PER P82-105 SITE PLAN rq )a °°, n °°,. a n 2 m 2 n ,Z C) _J m U) m U Found. iron pope 1/2" 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 EXISTINC 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, 1491, 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 BY 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 (H) of the Land Development Code (.0 reduce off - street parking up to fifty (50) percent for an existing structure PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 _.`th day of September, 1991. APPROVED: MAYOR AII,I +�,• rr Ilk 1 r , In • 3 I F•w•,r•.,• I i •/ • • I r N q V �J 1 1 I o«•„ •. r M f• M a„ `r `•• >" r C • vo 1 ' • � v � 1 • rI w 11 ! ! / � / I ' Cw• 1 rr r • r r. r \ �► � ' N Ir •� N . GSM �r.�37 �� r� � +� ` y •I 1 , r .P I r r' J t, r � .�... l •. N I w. •I 1. u / N N y 1 •�1 ♦ I iI 1 I T ! 1 V 1 ;' f .• ,. . r.• • • M •,•r � • . � •I r • •• ; •• V •I; i M /1 : h \ 11 • C jr i) „ ' ' 'r ' ' • • �� { ! { 1 1 M N /I Z - ••' , •�I, rr e ' �� Q r' " .• • : ,i I •1 , Iti 1 I • I . �� '• r1 Il N t • h I. rI 1 •J/ Ir r' ✓ + 1, ' I' v » 1 r N • r r 1 ,\ ' Itwnfwrur '- ♦ y • . • .•I- r;i '♦I •. , I, r VI -1, I ACr / • ;� r i 1 ,• r 1 ! I + I � CA�O(N/ n . •I ' V N " �� _r � �• i./ 1 is {r 1 �-f •; Q � y � Sr • i r1' i• aW! y �� • .! .. 1p V 1 • // IY ,, •. " l J ,► , , 1 » -*ACT,; IX., I r !l K • 1 //r1 . AwlNAl/ ' • rr !w I S •� / j, • ' • • j • r• � I +ACT I • • r ,! r r 1 d w,W/Irr r +AC / t ' ' ' • , �% i' ( , 1 r / ! ,• ♦ w 1• /1l IANlON IMOlNJ Ntll' � h ' 11' " dMrMirr '�IrN /IT o► r 7,^- vL ® = 1 v v. 1 L I I I - - ' Crwa, 1 " DRIB -• •��• •••I• � �' • • l " 1 a ♦ ( «I• • • • CITY - ,. Ir • lr ,r♦ 1. 1 ' « V I,r ^ i HA�I, \•r w N n .. �' w n w . n f • r •• / • ♦ • NL Cr«r, !'w r 7I �• Ir • A V'•r l,♦ 9 y1• N 7� / �.. •�r�'ti OeCj :�• Y r1 •' r, n r � r •• 1 vro , • 1 ' "� . _ ♦ • .•4'` t • �Fty .l • ♦.•r• PIS � •'rT. ., . • • r•. 1•♦w.• t ' tI, ,� /�� +•d �Pi .� � 1 � • I a bI� ten: � i ' • •' • p • 'o •arr / q I 91P . �• L` �' •100. `• •10, i• W .I 1 r '' 1 1• � I• `• O f A/! Is '- 0 • \» APPLICANT: AID6r'{p �t � � � (y G�� � S� ��—fi•► � • R4b��`fi �, 5 i.klana 4 w OWNER: Saint Q S t• MAP REFERENCE: 5`j'Tp g S f.0 V Compass COMMENTS: �cw� �u`!'Ic1n q c�vc.�•�o Scalew. . , S ��h 1SO0' O� � 17�lho Date.. .1� .q1.... Drn Chk . F MTN AMAMI � PLANNING BOARD -... Hearing No��„OZ1 S TAF F REPORT PB -91 -018 June 7, 1990 Applicant: Alberto & Aleida Arau�o, 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. r7 70 ounc na S C i SC r�gy `. p„Fj 1i7 cao 'lo. 328a 1 , S45' 00-00' N 100.00' cao '•o. 3284 }o ,o Asphalt Driveway 0 0 41.25' 29.10' X27 Columns a.3o w .t�' 29.:0' .a w tt 7 -7 = N Io c cn o �n i o II = 7 v :C ' J 7 o = , CJ7! O N V - — -y of Ln ci C3 Cn i� m d O i r 3 IO fD -7 . me lO C 3C m _. i a ae i � � ° dL- N I a 29. 10' & t o as 9.30 29.10' `ounc 1.2' oioe ltD co cao `io.3284 � -r Ln _ B$: Dal—, •• — . Chiln Link Fence Encroacnes 2.0' �spn�it cage enCtolCne5 0.80' t. C. a. R. Rights -of Way per 3, a; Book B N r . SW, 68th ST. >F ,` �0.t 2 OCATION MAP Sxe � — 4 . f:? F V FF 4 w *y L LE[iAl. DESCRIPTION, Ccs` L Lots IT E thru TOaNSI7 59 Inclusive rlock OF LARKINS 9, REALTY SECURITIES CORPORATIONS 0 , County, •a 5 5770 Progress koad South "lama, Florida& I HEREBY CERTIFY, That t this " to t� bestoof t direct Board of de• DELTA SURVEYORS, INC. DE A SURV ORS 12888 SW 53RD STREET ' MIAMI, FLORIDA 33175 Y „ _ :05 -223 -9907 SURVEY NOTES, FLOOD LONE: X THIS IS A BOUNDARY SURVEY BEARINGS SHOk1N REFERS TO AN ASSUMED MERIDIAN THIS SURVEY IS SUBJECT TO EASEMENTS. RIGHTS -OF -way, AND OTHER MATTERS WHICH MIUMT REFLECT IN A SEARCH OF TITLE TO THE SUBJECT LAND. REPROaUCTIOkS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN OD SURVEYOR'S SEAL DENOTES EXISTING ELEVATIONS ELEVATION REFERS TO NATIONAL GEODETIC VERTICAL DATUM OENC"'Akk : SOUTH MIAMI ELEVATION 13.31 LOCATOR INDEXt 4003 Fb.67- f"3.73 DATE: SCALE: I» DRA -M by: W.F.P. nRaw 1 Nri Nn i V RESOLUTION NO. a A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE - CITY OF SOUTH MIAMI. FLORIDA GRANTING A REQUEST BY GERARDO AND ANA R. SOCARRAS FROM THE PLANNING BOARD OF n I THE CITY OF SOUTH MIAMI FOR A VARIANCE FROM SEC. �_fvv 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO PERMIT A SIDE (�/ I� ` SETBACK OF 5.75 FEET ON THE WEST SIDE ONLY, WHERE A SETBACK OF 7.5 FEET IS REQUIRED FOR THE PROPERTY KNOWN AS 6374 S. W. 42ND STREET, SOUTH MIAMI, FLORIDA 33143 �fl AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Gerardo and Ana R. Socarras requested the Planning Board of the Citv of South Miami for a variance from Sec. 20 -3.5 E of the Land Development Code to permit a side setback of 5.75 feet on the west side only, where a setback of 7.5 feet is required to enclose an existing carport, a portion of which is located in the required side setback, said Request for the property known as 6314 S. W. 49th Street, South Miami, Florida 33143, which property is legally described as follows: and Lot 10, less the west 9 feet, and the west 15 Feet of Lot 9, Block 6, 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 WHEREAS, Staff recommended against the Request as it is a variance from the Code provisions; and WHEREAS, on October 8, 1991, the Planning Board voted to recommend approval of 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 Request of Gerardo and Ana R. Socarras from the Planning Board of City of South Miami, Florida, for a variance from Sec. 20 -3.5 E of the Land Development Code to permit a side setback of 5.75 feet on the west side only, where a setback of 7.5 feet is required, said request for the property known as 6314 S. W. 49th Street, South Miami, Florida 33143, be, and the same hereby is, approved. 461 400P 461', PASSED AND ADOPTED this th day of November, 1991. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 2 City of South Miami - PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, October 8, 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: Gerardo and Ana R. Socarras Request: Variance from Section 20 -3.5E of the Land Development Code to permit a side setback of 5.75 feet on the west side only where a setback of 7.5 feet is required. Legal: Lot 10, less the west 9 feet, and the west 15 feet of Lot 9, 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: 6374 S.W. 42 Street, South Miami, Florida 33143 (A residential property) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.3. 2116.010-J) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIOA, 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 BOARD'S 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. PLANNING BOARD P6816e -7 ■z REV. 12 -9-61 THIS IS A COURTESY NOTICE fw'.4 • ounf ■�■::l�1�111111 11111111111 ■ ■ ■ ■\ � ■ ■ ■\ Q/.+t \ V 5T 2" 13 34 i� a 49� 44 n. ,, n »• l i b •! t f y�n'�e •Louivrr ^ V FA h 2♦ 6 21 � V 7 d 9 fo 23 7 2% 7 22 8 11 S 53. 2f 9 21 9 S a i f 20 fC 40 /D h •19 ff /! it h p 7 9 • �� /s /1 fD 12' g{ ,� �� /� fs a /J I n ••• �s a fJ 70 �1 44 STREET Rku,V& Aeol APPLICANT: ,�� + APA SOCAR(eAS OWNER: 11 MAP REFERENCE: 637 sW 'XZ, s-rxee-r compass COMMENTS: YAlZIAwJCG FOR- V DateA Al! -91.. Sim SeMSA GK- D:.......Chk.... . CITY or SOUTH.- 1AIAM1 *- PLANNING 60KI) Heart q_N91 "�2, V /2 a ounf ■�■::l�1�111111 11111111111 ■ ■ ■ ■\ � ■ ■ ■\ Q/.+t \ V 5T 2" 13 34 i� a 49� 44 n. ,, n »• l i b •! t f y�n'�e •Louivrr ^ V FA h 2♦ 6 21 � V 7 d 9 fo 23 7 2% 7 22 8 11 S 53. 2f 9 21 9 S a i f 20 fC 40 /D h •19 ff /! it h p 7 9 • �� /s /1 fD 12' g{ ,� �� /� fs a /J I n ••• �s a fJ 70 �1 44 STREET Rku,V& Aeol APPLICANT: ,�� + APA SOCAR(eAS OWNER: 11 MAP REFERENCE: 637 sW 'XZ, s-rxee-r compass COMMENTS: YAlZIAwJCG FOR- V DateA Al! -91.. Sim SeMSA GK- D:.......Chk.... . CITY or SOUTH.- 1AIAM1 *- PLANNING 60KI) Heart q_N91 "�2, D. Public Hearings. Applicant: - Gerardo and Ana R. Socarras Request: Variance from Section 20 -3.5E of the Land Development Code to permit a side setback of 5.75 feet on the west side only where a setback of 7.5 feet is required. Legal: Lot 10, less the west 9 feet, and the west 15 feet of Lot 9, 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: 6374 S.W. 42 Street, South Miami, Florida 33143 (A residential property) Mrs. Socarras signed in, representing both she and Mr. Socarras since Mr. Socarras speaks no English. Mrs. Socarras explained that there is an existing carport, Florida room and utility room adjoining each other. They would like to change the flat portion of the roof to make the roof line more compatible with the elevated portion. Looking to the future, they may want to enclose the carport to make an additional room. The Public Hearing was declared to be open. There being no one present wishing to speak either for or against this request, the Public Hearing was closed and Executive Session called to order. Staff recommends denial. Ms. Goudarzi read the following into the record. "EXPIRATION OF VARIANCE APPROVAL: A variance approved pursuant to Sec. such & such shall lapse after six months, if no substantial construction or changes of use has taken place in accordance with the request for such variance and if the City Commission has not specified a longer approval period for good cause shown." Following review by the Board, Mr. Gutierrez moved to approve the variance requested based on the location sketch submitted and on file for this petition and suggests that the plans be signed and sealed by a registered architect for final presentation to the City Commission. Seconded by Ms. Gonzalez. Vote: Request approved: 4 PB Minutes 2 1 Ift I ig 6 Opposed: 1 (Ligammare) 10 -08 -91 Gerardo and Ana R. Socarras 6374 S.W. 42nd St. Miami, FL 33155 September 16th, 1991 City Commission To whom it may concern: Please be advised this is my Hardship letter required by the City of South Miami, Department of Building and Zoning. According to the records there is only 5.85 feets from the carport, utility and florida room to the property line and the city requires 7.5 feets. I bought this house 5 years ago and everything was already built. My project at this time is to replace the roof and in the near future, to enclose the carport for an additional room. The city's demand would generate an added expense in our part plus the inconvenience of cutting space from our carport, utility and florida room. Please also note that my neighbor at 6386 S.W. 42nd St. fully agree with our wishes. I am asking you to please allow us to change the roof with the same measurements that exist at the present time since there is an existing roof, walls, and floor in that.!area. Your consideration on this matter will be greatly appreciated. Sincerely, Ana R. S carras 1 i City of South Miami 6130 Sunset Drive. South Miami. Ronda 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Property Owner: vsic.razi A,ka_ 6, Signature: j Address: .}-a Phone Number: pro (by - 1 00 !Represented By: I Organization: !Address: I Phone: Architect: Phone: Engineer: Phone: Owner _ 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 Lot(s) 10 Block Lo Subdivision 13 +r4 80(-11 c ,rt -LTA pB ice_ 7t; Metes and Bounds: APPLICATION IS HEREBY MADE FOR THE FOLLOWING: variance _ Special Use _ Rezoning " _ Text Amendment to LDC _ Home Occupational License _ PUD Approval _ PUD Major Change Briefly explain application and cite specific Code sections: / SUBMITTED MATERIALS Letter of intent ✓ Hardship statement Reasons for change Proof of ownership Power of attorney _ Contract to purchase ✓ Current survey Site plan (7 copies) _ 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 knowlgdqe and belief. r. 9 �o ti Date Applicarit'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 n DATE PB HEARING v ADVERT DEADLINE DATE FILED 61 - 169 CCEPTED REJECTED COMMISSION PETITION REQUIRED OTHER INFO PETITION ACCEPTED THE CITY O F out4 4AiC i 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 3310 /50 s6AT U(Ze, 5 9009�C Z O N I N G P E T I T I O N Applicant: Gerardo and Ana R. Socarras Of Request: variance from Section 20 -3.5E Of the Land Development Code to permit a side setback of 5.75 feet on the west side only where a setback of 7.5 feet is required. Legal: Lot 10, less the west 9 feet, and the west 15 feet of Lot 9, 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: 6374 S.W. 42 Street, South Miami, Florida 33143 (A residential property) Petition: We, the undersigned property owners, are within Soo feet of the above property. We understand and approve the above request. - — - _ — - _ _ _ �-------- - - - - -- d. • � 1� /fir' �.L/1c�.i��,. `� �l � c �. -DL.- Cab -L..� - - L1 �u-- - - - - - - - _ `- - - - - - - - - - - ►� - -- - - - - - - j - - - - - - DATE J/ ADDRES Scr 'W50 -3 - - - - - - - - - - I - - - - - - - - - - - - - - - - - (continued on page 2 Paoe 1 •V mummum jq • • is •-,\ .: , ' _i � . ,4,,, � �•:�::,�� ' 7� v�'• � I �~w,S // r4 .i � %wp r n .�:'..w�� ' r •• ,.� � � :.�},�� "i�iy�'�'. i V rn 4 r it p ' r it i1 rn T r rt fn M 0 L RESOLUTION NO. /-2 I - q I — q `(f A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA EXPRESSING THE CONCERN OF THE CITY OF SOUTH MIAMI WITH THE PROPOSED UNIVERSITY VILLAGE OF THE UNIVERSITY OF MIAMI AND URGING THE CITY COMMISSION OF THE CITY OF CORAL GABLES, FLORIDA TO CONSIDER ALTERNATIVE DEVELOPMENT PLANS WHICH WOULD PLACE LESS INTENSIVE USES ALONG S.W. 57TH AVENUE WHEREAS, the City of South Miami, Florida and the City of Coral Gables, Florida are neighboring municipalities, which share S. W. 57th Avenue as a common border, and; WHEREAS, the City of South Miami has learned there is now pending an application from the University of Miami to develope a portion of its land within the City of Coral Gables, which land abuts the said S. W. 57th Avenue; and WHEREAC, the CiLy of South Miami understands the pending application of the University would involve the construction of residence facilities for over 1,300 students; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. concern that such incompatible with therefore urges it Coral Gables, to would internalize University campus Avenue. That the City of South Miami expresses its intensive use along S. W. 57th Avenue is its nearby residential neighborhoods and s neighbor, the City Commission of the City of consider alternative development plans which the focus of student housing within the and place less intensive uses along S.W. 57th PASSED AND ADOPTED this th day of November, 1991. APPROVED: MAYOR ~ ATTEST: CITY CLERK AND APPROVED AS TO FORM: ATTORNEY RESOLUTION N0. W - I -q If A.. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RESOLVING TO REAFFIRM THE CITY'S CHARTER AND DIRECTING'THE CITY ATTORNEY TO PREPARE A SEPARATE BALLOT QUESTION SUBMITTING THE QUESTION TO THE ELECTORATE AT THE GENERAL ELECTION AT THE GENERAL ELECTION IN OF FEBRUARY, 1992. WHEREAS, the City's Charter is the basic document upon which the City of South Miami governs itself; and WHEREAS, Florida Statutes provide that upon the failure to reaffirm Charter after July 1, 1973, State Statutes will govern by default; and WHEREAS, The Mayor and City Commission therefore wish to submit the Charter for reaffirmation to the electorate at the General Election in February, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Attorney be, and hereby is, instructed to prepare an Ordinance submitting the following questions to the electorate for the General Election scheduled for February, 1992: Shall the present Charter of City of South Miami be reaffirmed? YES NO PASSED AND ADOPTED this th day of November, 1991 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY to RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SEEKING SERVICES OF A NEW CITY ATTORNEY AND THANKING THE CURRENT CITY ATTORNEY FOR SERVICES RENDERED TO THE CI TY 0 F SO UTH MI AMI . WHEREAS, Martin D. Berg has served the City of South Miami as City Attorney from May 3, 1990; and WHEREAS, the City is now desirous of seeking services of a new City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission of the City of South Miami is seeking services of a new City Attorney for the City. Section 2. That the City Clerk be, and is hereby, directed to advertise for applicants for the City Attorney's position. Section 3. That the City Commission extends thanks to Martin D. Berg for his services to the City as City Attorney. PASSED AND ADOPTED this day of ATTEST: CITY CLERK APPROVED: 161-- MAYO R , 1991. f i RESLU TIONN 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, INCORPORATBD FOR PREPARATION OF A CONCURRENCY MANAGE- MENT SYSTEM FOR A MAXIMUM EXPENDITURE OF $ 9,500.00; CHARGING 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 9J- 5.0055; and "HEREAS, pursuant to those requirements, the City — im.•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 II1, 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- .itf-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 $ 9,500.00. Section 2., That the disbursement be charged to Building /Zoning Department account no. 1610 -3110 "Planning Consultant ". l� PASSED AND ADOPTED this th day of 3�er, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: ITY ATTORNEY r City of South Miami INTER—OFFICE MEMORANDUM To: Mayor and is City Com ission mFfOM: F. City Mana DATE: September 24, 1991 SUBJECT: Contract for Concurrency 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 l� ROBERT K SWA►RTHOUT, INCORPORATED city plannin8 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 - City of South Miami 6103 Sunset Drive South Miami, Florida 33143 SUBJECT: Concurrency Management System (CMS) Dear Mr. Hampton: a� SEP 23 Sli CITY 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 related tasks. We assist the City set up computer so warecto ardminiister 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 F`*V Z0 y6. 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. jq%*4 March 1991 NORTH MIAMI BEACH CONCURRENCY MANAGEMENT SYSTEM Note: '"City" refers to City concurrency management team including Robert H. Swaithout, Incorporated. 1. TRAFFIC ' Commentary: • The following applies only until the DCA Comprehensive Plan settlement is reached. • Robert M 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. l L 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 f 1m to LOS: B +E should also be in excess of 150 C +D / L 6 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-±-2 = _ 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 I� 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 A$ = 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 • + + = x 8 = bb. courts/5,000 popul. LOS = 1/5,000 5,000 x • 11+1+J = x -5- = tot lots/15,000 popul. LOS = 1/15,000 15,000 x • H + I + J =x -3- = gyms/30,000 popul. LOS = 1130,000 30,000 x • H + I + J =x a = 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 / alw**� 4 RESOLUTION NO le4 . A RESOLUTION- OF THS; MAYOR AND- CITY CONKSSIONi 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 31,045.40 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 Storks 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 for rA%,PmPnt and high fix windows, as well as cost of 5 8,170.00 glass and glass framing and a cost of $ 520.G0 for tempered glass instead of annealed glass, all from Coral Gables Glans & 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 cables Glass & Mirror Corp. in an amount not to exceed 8 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 M :1710 -4660 "Maintenance and Repairs of City Hall ". �41- A VM64z- PASSED AND ADOPTED this day of 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 13 APPROVED: MAYOR �1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,179.62 REPRESENTING FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY BORGOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -9950: "RESERVE FOR ENCUMBRANCES ". WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized the employment of Gregory Borgognoni of Ruden, Barnett t.gl in eonJunction With litigation regarding the City's Comprehensive Plan; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution for the period ending October 2, 1991 for a total of $3,179.62; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of $3,179.62 to Gregory Borgognoni of Ruden, Barnett et al for legal services rendered in conjunction with litigation regarding the City's Comprehensive Plan. section 2. The disbursement be charged to account number 2100 -9950: "Reserve for Encumbrances ". PASSED AND ADOPTED this th day of November, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: . CITY ATTORNEY lV RESOLUTION N0. IBS A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF RED CLAY FOR THE CITY'S BASEBALL FIELDS AT SOUTH MIAMI FIELD AND MURRAY PARK FOR A TOTAL PRICE NOT TO EXCEED t 3,000.00 BY THE RECREATION DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000- 4620 I }MAINTENANCE AND REPAIR - OPERATIONAL EQUIPMENT" 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 red clay for the City's baseball fields at South Miami Field and Murray Park; and WHEREAS,'the Administration of the City of South Miami has now obtained a cost of S 15.00 per ton for 200 tons of red clay for a total cost of S 3,000.00 from Melbourne Sand Co. Inc. pursuant to the following governmental bid: City of Miramar number '90 -0144; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase 41der iS hereby avaTded to Melbourne Sand Co. Inc. in an amount not to exceed $ 30000.00 for red clay for the City's baseball fields at South Miami Field and Murray Park. Section 2. That the disbursement be charged to account number 2000 -4620 "Maintenance and Repair - Operational Equipment ". PASSED AND ADOPTED this 1-t day of November, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 15,0V - r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY ADMINISTRATION TO MODIFY ITS AGREEMENT WITH CORAL GABLES - SOUTH MIAMI KHOURY LEAGUE, INC. AND TO ENTER INTO A NEW AGREEMENT WITH SOUTH MIAMI F.O.P. LODGE 136, INC., BOTH AGREEMENTS REGARDING THE OPERATION OF A CONCESSION STAND AT SOUTH MIAMI FIELD WHEREAS, the City of South Miami Department of Recreation operates programs and activities f'or the youth of the City at South Miami Field; WHEREAS, there presently exists an agreement between the Citv and the Coral Gables - South Miami Khoury League, Inc. for inter alia the operation of a concession stand at South Miami Field for the sale of soft drinks and snacks; WHEREAS, the League has informed the City it does not have the manpower to operate the concession stand and has requested a release from the contractual requirement to operate the concession stand; and WHEREAS, South Miami FOP Lodge 136, Inc. haslofffered to operate the concession stand upon a responsible basis, including payment of 25% of its net profits; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Administration of the City of South Miami be, and hereby is, authorized to enter into a modification of its agreement presently in effect with the Coral Gables - South Miami Khoury League Inc. to release the League from its duties and rights for the operation of a concession stand at South Miami Filed for the months of January through May, 1992. Section 2. The Administration of the City of South Miami be, and hereby is, authorized to enter into an agreement with South Miami FOP Lodge 136, Inc. for the operation of a concession stand at South Miami Filed, upon a responsible basis including payment of payment of 25% of its net profits, for the year 1992. PASSED AND ADOPTED this th day of November, 1991. APPROVED: ATTEST:. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 2 Coral "Gables - South Miami Khoury League P.O. Box 430891 South Miami, Florida 33243-0891 October 28, 1991 Mr. Jim Cowen, Recreation Director Parks and Recreation Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Cowen: Pursuant to our recent conversation, this letter is being written to confirm that the Coral Gables - South Miami Khoury League relinquishes all rights and responsibilities regarding the operation of the concession stand at the South Miami Field for the upcoming current year January 1992 - May 1992. If you have any questions, please don't hesitate to contact me. 'ncerely, W Wiegrefe League Commissioner JW /dw I MODIFICATION OF AGREEMENT WHEREAS, a certain Agreement was executed December 31, 1987 by and between CORAL GABLES SOUTH MIAMI KHOURY LEAGUE, INC., as Concessionee, (hereinafter referred to as "the League ") and the CITY OF SOUTH MIAMI, a Florida municipal corporation, as Owner, (herein - after referred to as "the City ") for the premises commonly known as South Miami Field, South Miami, Florida, as described in the aforesaid Agreement; and WHEREAS, the League does not have the manpower to operate the concession stand and the South Miami FOP Lodqe 136, Inc. is prepared and able to operate the concession stand; and WHEREAS, the League hereby certifies that the above mentioned Concession is currently in good standing and not in default. NOW, THEREFORE, for and in consideration of the mutual covenants and benefits hereinafter recited, the parties hereto agree as follows: 1. The City does hereby release and forever discharge CORAL GABLES - SOUTH MIAMI KHOURY LEAGUE INC. from any and all further obligations or liability arising out of its obligation as Concessionee only (and not for its other obligations) under the aforesaid agreement. 2. The League does hereby release and forever discharge the City from any and all further obligations or liability arising out of its rights as Concessionee only (and not for its other rights) under the aforesaid Agreement: 3. Except as modified hereinabove, the aforesaid Agreement remains 16 r in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals at South Miami, Dade County, Florida, the dates set forth below. Dated this day of October, 1991. Dated this day of October, 1991. op OR 2 CORAL GABLES - SOUTH MIAMI KHOURY LEAGUE INC. By _ President Attest Secretary CITY OF SOUTH MIAMI by William F. Hampton City Manager Attest Rosemary Wascura City Clerk RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF A FRONT END LOADER FOR A TOTAL PRICE NOT TO EXCEED S 2,620.00 BY THE RECREATION DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000 -6430 "EOUIPMENT - 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 front end loader; and WHEREAS, the Administration of the City of South Miami has now obtained a total Cost of S 2,620.00 from Ford New Holland pursuant to the following governmental bid: State of Florida contract number 765 -900 -911; 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 Ford New Holland in an amount not to exceed $ 2,620.00 for a Ford 1706 front end loader. Section 2. That the disbursement be charged to account number 2000 -6430: " Equipment - Operating ". PASSED AND ADOPTED this day of November, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 12 in RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE PURCHASE OF ONE "FOTOFILE" BY THE POLICE DEPARTMENT UPON THE BASIS THAT THERE IS ONE SOURCE OF SUPPLY; AUTHORIZING THE EXPENDITURE OF $91500.00 TO VISATEX CORPORATION FOR THTS EQUIPMENT; CHARGING THE DISBURSEMENT TO ACCOUNT NO. OPERATING ". WHEREAS, the Police Department of South Miami has previously budgeted the purchase of a Fotofile, 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 Visatex Corporation sells this equipment; 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 Fotofile to be purchased by the City of South Miami Police Department upon the basis that this type of equipment is only available from a single source of supply: Visatex Corporation. Section 2► That the City administidtion be, and hereby is, authorized to expend the sum of $ 9,500.00 to Visatex Corporation for the purchase of the aforesaid equipment. Section 3. That the disbursement be charged to account no. 09-1910 -6430: 1 q "equipment - operating ". PASSED AND ADOPTED this th day of November, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2 V jV18ATEN RORAORATION October 21, 1991 Mr. Mark Masonis South Miami P.D. XU O EIPT 1 FotoFlle Software 1 Accessory Library 1 Capture & Display Board 1 5.25 800MB WORM disk 1 Blank 5.25 disk 1 RGB Multisysnc monitor 1 Panasonic video printer 1 Microsoft Windows & Mouse 1 YR Software support 1 Day Installation & Training �r;TE:: CQ , QUOTATION TOTAL: This quotation is valid until 1 1/1/91 Respectfully submitted by: Don Sumner /t PRlC9 ► 2495 200 990 2860 Included 440 2000 175 250 90 ..... $ 9,500 Visatex Corpor,- 1745• Dell Avem Campbell, CA 9 U.S. & Canaan: 1.800.722 International: 408 -866 -6 Facs,,nile: 408 -866 -6 10/16/91 13:06 4088666598 VISATEX CORP. PAGE 0: V m = I * * *W* * *,► **** ** * * *** *W *mow * * * * ** * *. ** A X ��A /� H` ^AA�1 T T A L M H M Cl TO �T W4 �G[.- Na or KFr. FAX 0: PME FROM: b2*2 =Y ONE. CO. FAX #: Pesl•#S'brand fax trnnar —ffl1 r"mQ M AFFIDAVIT Visatex Is the manufacturer of the product known as: FOTOFILE Vimax Corporation 1745 Dell Avenue Campbell, CA 9500 U.S. & Canada: 1- 604 - 722.37 International: 408- 866 -6562 Facsimile: 448-866 -659$ This Is a unique product, which was custom - designed to assist in the Computerization of a specific Lave Enforcement function. Specifically, this product has the following unique characteristics, which to the best of our knowledge, is not available in any other products currently available on the market: FOTOFILE - A computerized mugshot accessory which can be easily Interfaced with existing criminal records management systems. The product Is distributed In the state of Florida directly by Visatex, and there are currently no other authorized and active Dealers of this product In the state of Florida. Date: October 16, 1991 9. Don Sumner '- President RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF EIGHTEEN (18) TWO (2) CUBIC YARD DUMPSTERS FOR A TOTAL PRICE NOT TO EXCEED S 5,072.00 BY THE PUBLIC WORKS DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1720- 6430: "SANITATION EQUIPMENT - OPERATING" 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 eighteen (18) two (2) cubic yard dumpsters; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of $ 5x072.00 from Hesco Sales Inc., 429 East 11th Avenue, Hialeah, Florida 33013 pursuant to the following governmental bid: Dade County 1062 -790, 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 Hesco Sales Inc. in an amount not to exceed S 51072.00 for eighteen (18) two (2) cubic yard dumpsters. Section 2. That the disbursement be charged to account number #:1720 -6430: "Sanitation Equipment - Operating"'. PASSED AND ADOPTED this day of November, 1991. APPROVED: MAYOR ATTEST: CITY CLERK - READ AND APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. AN ORDINANCE 0 F 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 ftiami 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. Jv azo Section 2. That Section 20- 3.3(D), Permitted Use Schedule, of the land Development Code of the City of South Miami, Florida, be and the same is here-*- amenaed: C P ZONING DISTRICTS 0 A N R RM R L M N S G I D K 18 0 0- 0 R R R S G Mobile Food Vendors I P 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: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 1 01-Q MAYO R ORDINANCE. NO. AN ORDINANCE OF THE CITY of SOUTH MIAMI, FLORinA, AMENLINU 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 PERMITTING CONCURRENT ZONING CHANGES TO PLANNED UNIT DEVELOPMENTS AND UNDERLYING ZONING; PROVIDING FOR SEVERABILITY, 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) provides: and (A) Proper Zoning Required Any required rezoning shall be the first step in the review process. Other reviews shall occur in accordance with the procedures established in this Article; 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: Section 1. That the existing section 20 -5.3 be, and hereby is, deleted from the Land Development Code, and a new Section 220 -5.3 be, and hereby is, enacted as follows: 20 -3- SEPARATE AND COMBINED APPLICATIONS A separate application shall be required for each request fur a rezoning, a variance or a special use. All other applications required under this Code may be combined with one (1) nr more other applications. Section 2. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.- 9Lc tion 3. all Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. ` PASSED AND ADOPTED this th day of , 1991. APPROVED: MAYOR ATTEST: CITY CLERK � ~ -- READ AND APPROVED AS TO FORM: CITY ATTORNEY a1 2 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -63, MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI BY PERMITTING OPEN LOT CHRISTMAS TREES SALES AS A SPECIAL USE IN SR AND GR ZONING DISTRICTS; PROVIDING FOR TERMS AND CONDITIONS OF THE SPECIAL USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code, as presently enacted, does not provide for open lot Christmas truss sales; and WHEREAS, the Mayor and City Commission wish to amend the Code of Ordinances of the City of South Miami to permit open lot Christmas tree sales upon certain terms and conditions in SR and GR zoning districts; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Open lot Christmas tree sales shall be permitted under certain terms and conditions is specific zoning districts from the effective date of this Ordinance. Section 2. Section 15 -63 of Code of Ordinances of the City of South Miami be, and hereby is, amended to read as follows:. 15-63 (a) Open Lot'Christmas Tree Sales Open lot Christmas trees sales located Within the City of south Miami may be authorized in SR and GR zoning districts, subject to the following conditions and restrictions: 1. The setting up and dismantling of all equipment, structures, or apparatus shall be accomplished only between the hours of 7:30 A.M. to 10:00 P.M., Monday through Sunday. 2. The applicant for such Christmas tree sales shall submit a sketched plan to the City Manager of all equipment, tents, structures, off - street parking and tree storage and /or displays. 3. All equipment, tents, structures, tree storage and /or displays shall provide setbacks as required by the City of south Miami zoning code and the South Florida Building Code. 4. The operation of such Christmas tree sales shall be conducted between the hours of 9:00 A-.M. to 10:00 P.M., Monday through Sunday. 5. The use of sound amplification, flashing lights or other similar attention attractors and advertising devices shall be prohibited. 6. Off- street parking shall be provided as shall as required by the Code of the City of south Miami. 7. Adequate sanitary facilities shall be provided upon the premises of the Christmas tree sales. 8. All tents and equipment and structures shall be maintained and kept in good order and repair and, upon inspection, if found to be in disrepair, shall be subject to removal and /or replacement. 9. The operation of such Christmas tree sales shall be in accordance with the fire safety standards as set forth under the "Metropolitan Dade County Fire Prevention Code" and the "South Florida Building Code." 10. Individuals conducting such Christmas tree sales shall be subject to maintaining the premises in a clean and sanitary condition during the male period. 11. All trash, debris, and unsold Christmas trees must be removed from the premises within a period of seventy -two (72) hours from the last day of sale and the premises shall be restored to its original condition on or before December 31 the year of the 2 sale. geectiort 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 3 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA TRANSFERRING THE COMPREHENSIVE. FEE SCHEDULE PROVIDED BY ORDINANCE 14- 90 -1454 INTO THE LAND DEVELOPMENT CODE AS SECTION 20 -7 THEREOF; PROVIDING FOR SEVERABILITY; 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 the uses of real property within the City; and WHEREAS, the City has heretofore enacted by Ordinance 14 -90- 1454 on September 4, 1990, a Comprehensive Fee Schedule as a part of Chapter 7 of the City's Code of Ordinances, which Chapter is entitled "Buildings "; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH HIAMI, FLORIDA: Section 1. There is hereby created a new section 20 -7 in the Land Development CGCIP of the City of 9uuLh Miami. Section 2. The present Section 7 -3 of the City's Code of Ordinances be, and hereby is, transferred en masse to Chapter 20- 7 of the Land Development Code of the City of South Miami. Section 3. The present Section 7 -3 of the City's Code of Ordinances be, and hereby is, deleted. Section 4. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid.or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 6. This Ordinance shall take effect immediately at the time of its passage. (� PASSED AND ADOPTED this th day of , 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY go 3 APPROVED: MAYOR 2 to of V Ql Ul A W N N n n W o (D V Ul V Ul Ql V • V U) � Ul O t=i Ul O Ol Ul tri m tij Ul z 00 v cc O O O :2 �_b z 0 ri• cl O Ul Ul O Ul O O Ul O Ul 00 Ul Ul Ul Ul 0 0 O of :R: cn H z H '=i C H tai {n cn C O pi z C t� n n H 0 O O O 1-( �i O O n Hzz O cn H Z z cn 0 1 z n H w zi r C O t7l H x (DMz C7 (D Pt H (DZ H O� n Ln N H �OOOz (D n �(D0 r w H• G) C7 iU ! '• t=i W Q rye x r ::c r (DOZ Al H Al O O H cn 0 t1• N t n n m r [n r 0 c 0 a o o 4j). y o 0 z G C rt 17 x t7 N t1i rt ::r w C �1' pi >►_3 > >y 0 H LTJ (zFJ En 917 [n H H r H z H Al C7 �•rtrt�0 rt o O` z o�y 10 t7l ll J SlUlr a0 or OO x1-30 t7l tri z 00 z acn o !i4 3 0 E o4j).{no OOC ;a t� '• O H• O b7 H 0 z ti7 l-- IV O ot7 t� rt O F•'• 0 r rt Vl w (n •• UI z > O H hi x H rt tt r H• rr t7l w N z FJ o Ul O C7 U! H 4 O y CJ] O z (n x E 04 :1 (n rh r H > O 0 M r 5d y o y Z o H " C_] w rt M z C H th Al rS O -ca o O Z !-+ O O H• tri rt rh •• % rt t=i m t-L:j t= �-' K rt 0 y z ~ 00� I'd cn C H rt O ►i O • 7d > y N O O O O " H U Fi • rUl ty ` O" H 'TiM U2 Ow of C z 0 co (n 0 rnx 0 r0 co p ]' rh n trJ F ( '�' H z rt M H- H• (CD n O ',d (nn Al Z1 HE O NH•b 0 555H Svw b r fi'" 'U O N K ►� tt2i=i z 0 rn rt rt (n H. H Al 0 O r z :d 0 z n pl tlj � w O O rt rb d rt w (p n rt. P. O Zi �31;UI &F- 5 C C m C rt O Fil rt tii O z C G7 LTJ H 'D (D (D H P. O H. z oz b Oldz Fi51 5Or o O 0 l"i P t2] H >> n >v O (D (D Fi d O O z r N Obz UlH n',Di C z�:$ H >v" 0) O rn b z r CJ cn (D rt rt rfi z F✓ � (n n b 2) tri N> t-I n z 51 In to M C n (n 0 C v O w txj (D 0) En ►-� ►- n b Zo 0 Fi (t •• txj 0 O "1 0 E z Q co w a tij rt rt rn X H o rt rt rt> O O 0 Fi En H. rt, rt tz1 z z txj w w UI w z ti rt rt 0& Mx O C O0 UI (VD OHa 1-3 O O W (D Fi Fi tt2i r 2) O n z ti (D O H t=i z N D F- y rh (D (D O rfi '=i z p) H H rn x rt P ►-' ul 'd O Fi 0 0 O 'td a tai n a rn aC/2 O V z 2) o l✓ PC (D Q H E ► t •• n rt n 'Lf rt f 0 W 0 rt rt En w ►°i, H� N y &0 00 o hd `O!Z ' 00 tt7l �Lf � o• o •• pox (D tri M rt, rat (DD O H � z o b ro n W W o (D V Ul V Ul Ql V N V V U) Ul O t=i Ul O Ol Ul tri m tij Ul z 00 E cc O O O :2 �_b z 0 ri• ro 0 0o n O N H' W N Ul Ul V W cl O Ul Ul O Ul O O Ul O Ul 00 Ul Ul Ul Ul O 00 U1 00 O O O In U1 0000 00 (D 00 r-n oO O o O rnrn Coco 0o a N H O l0 H Cb H V H 61 H Ut H ,(a W N H H C-] N W W C1l W W W H O O W W O UI V Ul Ql O V U1 VI V VI N Ul N 0 o H .A C> o o V1 Ul U1 O Ul O U1 O Ui r r b ro y r� x 0o ro o m roroo OOm t�roCn ftl :rO f-3M 01 t3d ro z tzJ 000 O " �O wH•E �'NH OOz r-i�H (D wH-t7i 5f��tz w 0 ►S0 L=J O r y r cn fir b D' N f7 En ( ]• N I 2 2 '.b r H H w J' H ,t w H cD M z w H• G) 0 n w N rt H w to trJ H �-3 z H 0 (D E-3 O. N z t7 n Cn w i1 H+ a y 0 O O• H MO fzoG) � N rt, > n iLO> H• 0 z O.O•• H• t� \ z w �z rt oro P-0 w z rt v rtN #---j H H 0 c O z H > 0 N O 0 0 0 t-i 01 (D O P-0 O C t� Ul �7 0 rt ww 0 rt 0> Z= z z 02) (D z w wn Cn x H• z ON (D H z H N C >z n H ot-� . ro H r H 0 M tn H Cn O (D En t� •• v z H N z 0 O p i!i (D H fOt •• N �Q M t~ t� H [Hn tt7l o 4 H N ~- ]' m x z OM•• ww OH• (DFj ri0 tri En o z o rt 0 0 3 w (D rt b H• o w F-' M N H- Qu w co \ ,Q " :j &< O (D M w O CD tL2 t7J > M M 0 O LV (D r w n ' rt O r 00 wM n O N O:1 10Cn prj(, pj �H• � rt n nn M r H- rt N M > z C7 0 M� n O & rt H• 0 M tl (D wrt Ln z w w H• 0" O O � M o\ H En 0H+ 00 w 0(D M C O w M H b 0 (D (D ^ n =n n w z nw n 0 c rt, (D rt rt 0 O M � (D U] n v rt M 0 (D (D ~ M K M ((DD z a) 0 H• (- J x O (D rt > 0 w rt M (p ((D D r ► i ((D v (D O O G) w M �i Cn H• H• O O M W vi O O ro W N N W W C1l W W W (D 0 n W W O UI V Ul Ql O V U1 VI V VI N Ul N 0 o H .A O o o V1 Ul U1 O Ul O U1 O Ui r r O O O no 0o co o) o 00 0 0 ::E *: O O Oo 00 00 000 00 ft ro n W W W V W W N V H V H W W �--� W H .A O U1 Ul Ul V1 Ul U1 O Ul O U1 O Ui U1 O Ul Ul U1 O O O O O O O • O O O O O O O O O O O N (D 0 o O o o O 00 00 00 000 0o A t0 W V 01 U1 A 'b (D �tztz Ul W O Ul h-j W O Ul H 000 H off ' tzo ° E S E o0 oz' 0 0 O ^yam 0 0 W N p Ul Ul O (D Ul Ul 0 000 Coco 0 0 • 0000 O b7 O O rt O 0 000 0000 0 0 I (D v �• Fes••AliH 0 O((Dtro" OwAi> O O2) 0� M(ny'T1to (�D (D t�rJ � Z W tz � � Z cn tro" C L-Lj (�D (rtD Z W :3' ID tt-I 0 7�C n � � � £ ro y 2 am' H r"i z m S) �' � H C�i H 0 CO NCO al Ul ro hd r -��ri� tv z > II, OC3'�'i!n ro Cc�, q H rob b ' Z G� 2) iZaH rt r• �• b H N �• f�ZJ fn tyrl (CD cD ro '�� 10 '0 (D ro2)UlM ro v H' 0 o t� H tt7j ►-� L� (D tij (DW �. �. `�5m� 00:4 .. noio�� r rn � Uri w H (D rG cn rt (D M !cn = � rt W m rt 'rJ rt� awn u 0 :' 2)(D �' o 0 w w � d �,, b t7i 0) °, r0� E • • b (D ri* y o trs�J F,. 0 [ z M W O o ro �. ^� 0 rt raj (D't N �C F-�• 0 CAD 0 w O z K (n 0 iu (D ~' H z (D ro En H (D H v (D ~ ro (D N H � c rt > .. y tai ro 0 I'd z H K ° cncn o 0 0 0000 'b (D �tztz Ul W O Ul h-j W O Ul H 000 H off o tzo ° E S E o0 oz' 0 0 O ^yam 0 0 p Ul Ul O (D Ul Ul 0 000 Coco 0 0 rt r o b Ul W O Ul h-j W O Ul H W N W V V Ul Ul Ul H W W H W W n O p Ul Ul O Ul Ul Ul Ul Ul Ul 0 00 0 0 000 0 0 0 00 OI\-hp 00 O 000 0000 O p O rt O 0 000 0000 0 0 I (D 1-+ F, v � W n t� tr1 W W ►��• W -,0 n 0 x t17 d �• (D :7' ::r 0 z 1r) [77Mt=im o r z o z 0 ft �'rt rtty Sl1 S31 A7 Al � En r°r =a n �' •� � y xr°+� -�H r z m(nvED H t� rt . 'UO aul rr �� m � C L� O N. o H rd (D z, Ot-+OO PV 3 O �►"i H N z 3: H z tHi :1' 9 'a y y cn c(D& (D Z (D ° 10 F-+ N ro � Ut H o n U) :c z m r O o r � c z ro rt0O° t n y rt- (D �� (D try z rn I N En rt ` �= Z cD b (D z En Pr co N O (D H N tr] CD -O F_ 0 O PC � .� N fD rt � (D 0 H n c� r 0 > Q O x N• rt rt ft ro z z 0 y P-i n x F-4 N > K a ( (D a N Lo M N• M z N ¢! H N L o n ,b O N• �, W m t N. z H cn Fl- (DD o (D z on ° N fD r N O H (D O �t y n� N ]' cn (D O > (D (D y H ' O z cn 1-+ F, 0 ro O F-+ Ul 00 V Ul W W ►��• W WO � H. Ulm Hti]CfJ]H f 'i7 [77Mt=im � r �• H o z 0 ft �'rt rtty Sl1 S31 A7 Al � cn rt �• n �' •� � z �•�wH o w� (7� nn m(nvED H O 4 �W M 'UO aul rr �� m � C L� 10 'II b ro rtwonl O rt 0 (D z, Ot-+OO PV f�D �• (nxnb 'TJ t� ° ,�°�o r tnosv(ntn �. mH�l�- :1' 9 'a (n N O (n z o x (roD cn (D Di ty (D F.. (D Z (D ° 10 F-+ N ]r O � Ut H o n rt rt- m a rt n o n (D n O o La ►'t� t� 0 CL ro N ro �• ~• o Q �� (D try z rn I N En rt rt �= Z cD b ~ z En Pr co N O r t N rt CD 0• PC (D El .� fD rt � N H n rt Q O (�D N• rt rt ft PC z 0 (D rt P-i n x F-4 N (D a (D N• r L En n n t N. Fl- (DD o (D N O �t N (D ro O F-+ Ul 00 V Ul W W W W W W WO O O 000 OW F-+ N ° ° 0 0 00 O O O O O O O zz0 MAO ' 00tt2j0 z O O 000 EEO 00 :'i0 r?' ° n o � LAJ O t v, to cn Ul Ut Ut H o n o 0 00 O o 0 0 O►-� °W ro 000 0000 L Ul ro • w C'] n H W H Ul W H W W Ul UI H Ul Ul Ul O H N N o UI O Ul O O O O O O O Ul O co �roro aH- r�CH ►uz C:mEn3xcn oZrt' rt rt trj wtzi aW0 tyj 17iro tri'=i0 'v M p'x b n n M �'v, to 0 y xrt� I-b M (D (D Z rt (D wa su 0 rt H aH - > n PI H svH•G " 0 WH - (D 0" J H•(Dt7 ri ►"f 0) x t� rtC O z H• w O(�D (D �'� En z rt 1-3 cn rt rt tr(n rt ,:' rt (D rty 2 �+i/}z w aUl> rt, 2) Q,Al aG rttZ aC1 CCn �awto p+{nO rt (D 2) Q, m (s.H - H � cn SZHth aOr 't3 f1 n n (D O aAl �LOro p p� C rtoro rtxn "" r_ < � rt� z fio>1 x °� t� H. o H H• C O (D A) (D W v (D w v w (n �C rt. r• o rt �' rt (D 4 t7l '=J O O ro 0> 3 Al En rt� 0 0 Fi O H• 0 6 O O H. O O o C (D :71 H W = cn (D H- H- cn n rt, ro w z O z cOtc•2) fn 'L3 t •• H ] (D H• n n i]. the N rt 0 F-' by (CD kC � ((DD 2) n Ul H O Al Al�NCn(D C C A (D NH•Cn N N H� 0 cnOr5 rt rt a x tzj o z w (D �' .-. ^� 0 PI 7Cd • • o M ((DD 0 po A. (D (D H- (D d C 0 > m tQ m z- O 0 w (D p rtm N O 0 a 6Q 0 0�� X (D 41 H Al N rt (D (D (D Cn ti ..... H• O O t=j O M P•h O � F_ C1 E 1 z tij C N O .-. b7 . Cn o ff H (D art Cn PC (D (D (D �' C00r ��! x CO ri H lw •• C: 2) Di En 0 3 � m n w 0 En N O .. ( M(DW N (D ti ::• 0 ::r V tzj v Oct v C �nN F_ N5� C3't MW O p'Q►•• 0►N(5 D N Q 0 C rt p, M H (D 0) n H. w H• (D (D rt O z N iZ �_, O M rt H " N (D roll H- n a Ail (DD Ul G ul rt, rt rat m N n m n H• te a_ z wH• ~ N 2) (D n (D w (D n rtN (fit o �J n n 'El aCD U) o a � (D lo-t w o x� Z (D a rt m a ro W H Ul w H W W UI Ul F-1 Ul � Ul Ul N W N N N n (D Ul0 Ul0 O 00000 Ul O 00 00 UIUI Ul p1 00 cc O 00000 . O O O O O O 00 O (D 00 00 O 00000 00 00 - 00 00 O rt ro n H W H Ul W H W W Ul UI H Ul Ul Ul H W H N N o UI O Ul O O O O O O O Ul O co cc Ul Ul Ul 0 O O O O O O O O O O O O O O O O O O O (D 00 00 0 00000 O O 00 co 00 0 a W N !..► .. 03 O "Old f11 (D (D trJ iv z O r O x b7 �tnz I-�• O nrttQC Al ►-�- (D O (]nEC n H �' z H �N[Crj wto00 t� 0-3 trJ c � H a p:t rt0 n x r' �'N y ]•rt��+ 2 can E a�KH a N� H Z x ro rt H a p H H rt �• � (D Z oU)H F-• o rt z r tC o y ao C ` rt 0 H rt H C C1 N•, H w H to (D l-' � o o b 0 o -I.R n a ro z � z � rt o 0 P• o z rt ►zJ a cn 0 rt a to y ro ,� °> �• o 0 Z t� o� �� a 0 a 0 Mw0 t� ro = m N r. ~rrt,0 -ry Hrt� H y tt7l Z a Cn o'II (D 0 (n (D r H r � ff o (n C rt rt y 0 H tF � N o t� � �• Di a) H(nmEn m E` cn (n m z o (D rt F•- I 4 CD H O H 00 L� y o y N r rt z c0 z ` rt C� H °z (D(D(D n F'S (ny n o� v Q' LQ 0 tQ• CzJ M ED 'i7 CD Ul O (J1 Al H C!1 rtz rt r tri F- ti o• cn 0 (D ril Z .. rt M v 0 En H (D (D I"i m o z a � M H r o rt Ir 0 n 0 E i c 0 H rt al to (D 0 rt H 0 rt ro H n Ul v o 0o w F✓ w H w (D 0 v �o MM z z z z Ul Ul o Co m 0 00 00 E 0 00 00 z rt ro 0 N N Ul Ui O N O N O H Ul N F-j W W �i O Ul Ul Ul Ul Ul O N Ul O Co O O cc O O O O O (D O O p O Co OO la ~ O ko O V 01 ro Ul .P N F -+UlLn tntrJtn �• W H t�CE W b tri 0 NCt7J'�L7 C O b W z m tr1 m O r i� tz °w N w cn Ln H vl N z r .n70 (D 0 0Z Ri �'mz W W W H r (n �7O W lO W xn n C g H (D (D (D (D (Dd �i N ° H H z o Nh( �•�•�z o ~ ft H H n (D 't3 C b '� W. a W H�' to O ►-� (D :d y Cn x 5 5 H rt(D0003 ►S x AEir°in•r°S 0 LTI Z O H O 7C (D 0 01 O• C tTJ z by l•) W 91) W P. ro x C�'xn (n ro rt. rt N- o o Z ro z �, ¢• O r.( f• El > c2) nn0 o Erl ftfty > "k< C���n�� P- H. t+7 7C ti trJ t'(x (D (D ° w NrdOW t2l (n r(x N ct 0 (D Ul y O EfiM> �' z °' �� --. r frtN w (D N ft � b ° a `Q m o � + ~ � H. �o xR n N • prot2j r ft0 (D Q O '7 (D b ft w ((D N t�7 co x H > w . tzj �' (D O ft O (D ¢' (D � ` .� r rt �' H 0 a> (D K co O fD fr a W N �,'� 0 fr � z � ro � rt �ro � m `.W • C7 m m C � H Z 'mod En m rt 0 �' cn H z tOn Cn cD fr (� o fr H tri cn ~ r fr tnrl n• • z n rn o x m0 0 ro (D � fit o ro .. 0 W z y ttTj N ft z y W (D g ft C O En z ° (D � H H O z In C7 O r� t� 2 C!� F—i tMI L--Tj L--Xi C1] C7 t� 0 r r—J I b co V ro N UINF -j 0101 0 Ul0 N F -+UlLn N ANW V ONO�A01 N W WN (D n N W Ul Ul z cn Ln H vl N 00� 00 000 000 000 th UIOtnOCnO 000000 0000 ID 00 0 Ul O Ul O U1 U1 Ul U1 O 0000 ft C7 O r� t� 2 C!� F—i tMI L--Tj L--Xi C1] C7 t� 0 r r—J I b co V ro n N W Ul Ul U1 N N d> Q1 O Ul O H Ul O O W f. N W W N O 00 0 Ul O Ul O U1 U1 Ul U1 O 0 0 O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 • O O O O N (D O 0 0 0 0 0 0 C7 O r� t� 2 C!� F—i tMI L--Tj L--Xi C1] C7 t� 0 r r—J I b co V 0 H N p W ro H 1-4 C 7 n W Ul Ul W Ul N H O N OF -+UIH N O N H N F-' F-� O W O Ul V liNONO O O O O O O O O 0 z M 51 NH x1 t17NAl w �'0<> '=itr1H N- fv�W((DD�ZC D) O O O O b O O � nrta � �t0En(D0)UlHZ1 t- WN- +NHHI-.H.IrH tzJ x 51P. O ]rmrwwsv H (D Vrtr+lzrttij C) o �rrtt C nOtQt:70L Lo Lo t� n (D H C �' 0 O rt* ti LTJ Al O rt t1 '� S31 sy NN sv zr wa+rtrrrrrrtrtr�tc C1 rt z r 0,0 !v (D I-+ F -� I F-� (D I-' O N f7 o Ut 0 1 - U) co N Z1 czn I-1 rt G) t 1-3 2) :c " ly 3 M I-+ o ° �•�i2 'II 't3 N�• W ro � rt O''� Ul Sy n rt a rt O w �( - �' (D can N En N (D N N .. LC N O O trJ w r n I-'- ¢. O rt H- 3 yr� (D rt M (D z O ]' M• Sv rt rt l-•• n 'TJ r r M I-� o C f], N• N• H z rat p- [nom , 0 PC '4 rt rt � � ~ fi n n t� t� n ► -�Cn�' H \rtMwrt0C rt rrl- CI1 H rat WO>r(1rtf]lOO N•to rtrtO O rt (D y � N n cn z a0• Z (D z n �N•W � t2!H (D H 1�tNUoi >v O 11 Lo x U) tQ J� "� '� M sv O n rt N J (D ► f ro Z1 t+] w M ro (n w- i�. C rt t� C7 > r 0 O (D C7 n rt a •• rt ti . W a - W N �' - w �' o 0 0 (D (D f ro` H 0 (D ►'� H 4i x rt x rt � � z (� ti ! 2+ UI H H (D H- H 0) M m O I-+ F� O °rat n N (D N• G o < O X O N (� y �+ 1 x n UI � O '� H Z 0 w m w O 0 ;,q t'd H H Z O (D rat J• (D (D (D • • � H Cl� (�D N fn Zl C17 rt (D O rt aft Z �R r �. (D (D 0 U) CD � • • 0 � F-+' C (D ct (D p0 En ( A£1 H rt (n (D O ►C r !n O' A► rt .. o �-'C 'U w rtrrt y (D art r Nm ~Z n wno 0 - N (n C- 0 �, 0 ((DD :3' W ((D (D (D rt O b n Q cn :::r rt rt " N z >r ~' 0 In (D H �i (D ((DD Z H w a fn , (xD rt ¢' En rt rt to z (D (D ~• En K w 0 N M En H rr (D cn O z N- ro N Ul z N Ul N O 00 .A O N N h+ UI O 00 H W 00 Ul Ul Ul H l0 O Ul Ul r•( Ul too �0 o 0 �vl 00 000� 0000 cn 0 ocn .lv.looa�.ly o f 00 cnUlcn000cnvl rr ro n W Ul Ul W Ul N H O N OF -+UIH N O N H N F-' F-� O W O Ul V liNONO O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 O (D ( D O O O O O O O 0 0 0 0 0 0 0 0 00 . 03 N A I•f oC4+ N C r•c ��z H O z �'mH C]n �� nnE z H [r rt (D rt n 00 �� z z o 0 O z �. cn to r• n co �t-hCL rt �o�o rt. • r•� rt m r. O a(D 'd y y Ot' O O t•Z1 N o H ' m Z m r�t �n9�(DH H tom+ �+ A, ° y 0 r �, t-4 2) C(�DZ wHrt� 3 O O nGyH �`Ay fi (D H Svc. N n r r~ 1• (D .. r• o 0) N 00 O z z rt (D o rt .. a)• o 00 n y v y (D (D ((DD n Z O O N O ccn o 0 p O cn (D F-' H cc H ►-3 m (D n O N n O K O rt m 0 r°� �' 0 0 o ►� 1 h, a 00 p r r rtrt (D rt o O m 0 � Q, m r- 0 b tij C4 °m n, n rt- y H Cyn H z (D rt o y m m t7y O H O o r �3 W N f.+ v Iv z � o cx C: [r H C > L� H t3rj H � z C r2i L� ►TJ SW CD ~ 03 N � N Ul I•f b N C 10 ►'i O H O UT O n(D < n m z H [r O° 00 �� Sl7 r• C z MO O O 1z 00 �o�o r•� rt z 'd y cn O• (D H y tom+ �+ A, ° y r z a(D 3 O z brt z O O O O OJ Ul Ui 0 0 Ul ul N N cn r K O y 10 O O N O ccn n H C p O cn (D F-' H cc Oy (D 00 t-4 O 0 o �' 0 0 o p 1 (D �• 00 p r rtrt (D o m 0 � Q, 0 tcl tij C4 °m n, n n �+ y H Cyn H z o z m c O H O o r �3 H O z v Iv z � o cx C: [r H C > L� H t3rj H � z C r2i L� ►TJ SW CD ~ 03 N � N Ul N p 10 ►'i O O UT O cn o N N Ul ON O° 00 �� hZ70tZ0 z MO O O 1z 00 �o�o O O rt O O O O O O Ln U1 O O Ul Ui 0 0 Ul ul N N p K O 10 O O N O Ui U1 t J 1 U 1 p O O p cc OO . OOUtp 00 O O O O 0 0 0 0 0 0 p N 00 p Q, r_ C7 O trJ Cn H t� C3L:l CJ] C7 D r CD 0 N l0 I O~ n CDnn (D (D (D t!i w C f7 > > K K P-3 b O 0 O N N N `rJ 0 Z H t C M M M K m �.wH. n tnw� � ° n(]n > N rt rtrr � 0 z O ro f7 c o (D (D (0 K 0 n H ° 510c ro r > :U ►-11 M M K N� r y O C 0o r" > cn z o z b r C C C o PC pa r r '•C �C n .. c :R: OH H > z z 0(D z y z w n cn H 0 Oj x n � ►� y o H- rt W w En b K Ij H c ro rr 0 0 K c z y ro N H N N ►-� � Ul O O O O Ul N coo zz O 0 0 (p 0 0 o m : o o 0 z coo O o Ul N l00 00c 0 Lo U100 00 ul O O O 000 000 00 0 Ul 0 o 0, C7 O trJ Cn H t� C3L:l CJ] C7 D r CD 0 01 W N F, 0 > o ° '710210 H ro n0 ►]o i �i LO n� rSAK � n °2 O►, cn «� z tOO m rt N y t- En � � � Oty t tn W W O 0 oLO o 0 o n n n z m m r m 0 J y W H � Wn� Om a~'�H. n n c M= m ooro r M D N tu m m =�0 �11nWH � �o a•n rt j Hr[y tH + z> 0 rt O a 13 O C n am � C:: O Z CnO ►�°ro�cn � b y � W aj t x • • W ' m y .. 114 a m W z v O a m cn rt�aaW a H rt. • •N O O H . � rt x z O z aa01tz O t �Z N N O Z W Z ~cn H � mLO m 2) m rr*ai 0 o � � � z MZ Omti 0tTJ = = z�z OM �mrz r Hrrn��rt �ro om NNro r ~�0 mrzro H No 2) o Ho WW o r t2i 0 �= H 0 (�D(�DM O(MDCC)) °�• to M MMonrt'Cto to N °<M rffWfpNH C Om t1 OH °mrtxn O~owH °ir (D Umi rtG (M Co � K rr � F. �Or (n o. m - tna•mmtn my M� (D z any Hro �x�•0czn 'o rtrtm tc m �Nw0 cn to O M O M rrt1 co y 5 o W � ft t" rt � � 5 °' Nm ►�] En x� Fo-�M °,Zy -] N xH t=] M Ul fn 0 i M PO O z M N M W m W y o o f-+ n M Hv :U O !mD rt m rt rt rt ro MMUmi rt z0° fZD `t0 rt zK N• .. N. �' m m M a O yE 0 � o Mai O 0z 0 0 H rtrt N. �, U,'z N 0 � zv z C M Cn Q fy, m rt. O +O rt, E � C n n O m rt c W n rt tn o rt. 0 z °N n b '.H M m ~' m ~' w [n rot > N 3 M M N o w 0 0 0' H H� z z rt r°r r r (D 0 w rt H :U croi� n O N• z O M Cn rS (p [ m � H C p M y M O [n M n M m M a rt 1-� O O M M M rt ro � n UiO Wv UINN O O Ul Ul O Ul Ul O F-4 N W N r, l m N [~Jl O O 00 coo O O O o 0 00 00 laUl tJl Ul O O Ul Ln p N 'A N Ul Ul Ul Ul 0 0 0 0 o O 0 0 °° 0 0 n t_zJ H C t3ri U] C713 x d r I F—' F—■ ro n (D t0 OJ V C7 • W O Ul Ul N N Ul O O O O Ul O O 0�0 Ocz 000 z 00� n�Z NH(n nnz tzj "" x t� mry a cnz v q (DM> a xlr v, 0 y H MHz z cn 0 C a n'.L7 z H O a 0 ,n 0 o H Z y 7 r y �� 0 Z �' O C k� v cn H a (D H O a F• '•� O ' O m �z O ° >z Din 2 O CL (D b am � a > 0 pi ►J 021 H. o � a cn P. a cn �-' z poi Z P- c-� 0G -3-3 wHtt7i =�7xd �((DDK tx 0 tri z N0 N H y Nrtt� d rt txj av z x r H y z 0 (D � O l Q t� M 00 ((D C0 t7i ctyZ m .. ° r 1 En )-3 M Ob �v D (DO � En 0 � 1 ( (Dri)M � rt 0 H tt .. CD �0 Z <1 Di t7 o ft 0 0 �( N M � !n 60 H Ali O :3 C) O• a �i a M Z n � nr 0 rt 0 c rt rt� r tTj (D rb P-0 o n cn 0 H rt (D y �3* a (D o 0 rt (D O M (D Cl) (D (DI<0 n (D (n (D � n m t0 -h v En ttri 0 a °, En !n 3 0 �- ro n (D N In N W O Ul Ul N N Ul (D O O O Ul O O O O O O O O b n W O Ul Ul O V O I-j W V Ul O O Ul Ul O O O O 00 O 00 (D O O O O O O SZ a� En 0 0 13 a� a� a O O O 0 0 0 C; Li LO (n O O O O O O ui o Ln f1 N N C—') a W w z H W W .tea- ° V p W crn H �, w w w H ° u L) w a W C!] l a H H E z a Q a o O x , N r4 V aF:4zza a 0 w a �z &I Eg3: z00 >z° WaaH� aaoap W D U W W xa a� W p ° H 3 ciz U WH�CA wxwx wa -cno �azaz zu `nza .o W H O wazp0 00 x r' w Ei0 >z E{HH4O ZHWZWZ z U a O H° awo" 400 z 9w \O zwxallo H W to w z � xWm0EEa U) 0 U 44 U Ei cn >4 a 0 a xcn ��aa x zoaaxH a E-+ 3 WpUG�, p Z W H 0 rz3w0 OzWE1cn �zWa� H 0 ra H U) U) U] Wa° H a Z 9 0 H � z O orw •xWw waaE.,wa aw0 H H H U° H a w!� H 0 E-4 O H z •o z O U a� z�� �O 0 x4OzEx U WHPH xz >awa 34WahW pazx> �.9z�m� ° wH>400 xpwazE1 1%Z aH 0 C) C) p 34ocj.cAw zCYozza w 000 xwLo aaw 3 CG V-P 44 GZl M H En 0 u a z O H E4 H p ° Lf xz °x E4 4 H >+ >+waH CQH�OU aw�E-" H Ulm EZZ i H U)HIM 0U)w°r U H z W wawa w > °w �CacnW O w W cn0xrz 4 E-4 E-4 aNz °O >4 aaM� wma� 4&1&°40 a4 H a Ea - p <xcn° Uxixw� H�ZH zaaw uza` � aawx �xz`n W U) H U1 HU)ZW H W W C] O 'W W U U1 U) U)wUx awE-4xH Eri w�UZO f� H zzU)4 00f< v �E-i�a UUD) 9 a4 a a -w wwcnx HEa w U p W W 4 x O Wc!)WZZ wzw °H HU)rL,D 0w a4 zza oaxz° Q H 44 W >+ Ei H Huua Y f ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO SUBMIT TO THE ELECTORATE THE QUESTION OF WHETHER TO CONSTRUCT A NEW PUBLIC WORKS FACILITY BY BORROWING THE FUNDS OR BY DISBURSING THE FUNDS FROM THE CITY'S REVOLVING TRUST FUND. WHEREAS, the Mayor and City Commission have heretofore determined a new facility for the City's Public Works Department at an estimated cost of $ $00,000.00 is needed; and WHEREAS, there are but two alternative means of funding this construction, to -wit: borrowing the funds or disbursing the funds from the City's Revolving Trust Fund; and WHEREAS, the borrowing of the funds is statutorily equivalent to the issuance of bonds, and the issuance of bonds requires the question to be submitted to the electorate; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Clerk be, and hereby is, instructed to submit the following questions to the electorate in the general election scheduled for February, 1992: The City of South Miami will build a new public works facility at an estimated cost of $ 600,000.00. Which of the following funding alternatives do you prefer: a. Borrowing the funds for a term not to exceed 15 years t;n hp paid through i.nte, r5L Leceivea trOm the City's Revolving Trust Fund and through the General Fund b. Disbuxsing the funds from the City's Revolving Trust Fund ;t V PASSED AND ADOPTED this th day of November, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. AN ORDINANCE 0 F THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH MIAMI, FLORIDA, AMENDING SECTIONS 20 -3.6 (H)(2) OF LAND DEVELOPMENT CODE BY ADDING A NEW SUBSECTION (c); AMENDING SECTION 20 -3.6 (I) (4) AND SECTION 3.6 (I) (5 ) OF LAND DEVELOPMENT CODE TO CLARIFY REGULATIONS RELATING TO HEDGES, FENCES, AND ACCESSORY STRUCTURES; PROVIDING FOR SEVERABILITY; 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 the uses of real property within the City, including those relating to hedges, fences and accessory structures; and OF THE THE WHEREAS, the Mayor and City Commission believe the original intent of the Code, with regard to hedges, fences, and accessory structures, can be better articulated by amending Section 20 -3.6 (H) (2) of the Land Development Code by adding a new subsection (c); and amending Sections 20 -3.6 (I) (4) and 20 -3.6 (I) (5) of the Land Development Code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -3.6 (H) (2) of the Land Development Code of the City of South Miami be, and hereby is, amended by adding a new subsection (c): (c) No fence located within a yard adjacent to a street or right -of -way shall be greater than four feet (4') in height nor shall it be of chain link material. Section 2. Section 20 -3.6 (I) (4) of the Land Development Code of the City of South Miami, Florida, be, and is hereby amended to add the following language to the existing sentence: and provided further that such accessory buildings do not exceed one (1) story or twelve (12) feet in height. Section 3. Section 20 -3.6 (I ) (5 ) of the' Land Development Code of the City of South Miami be, and is hereby amended:t -o—"d t h- e-- LolLow -Ln.g a s n g_u ag e ti a -f -t-e r— th'e -`e'x fi s t i n g "s'en t•e n c e: No accessory structures or uses shall be located in �. the required setbacks that are adjacent to a street right -of -way line.)-\,CrL 5-'k Section 4. If any section, clause, sentence, or phrase of this ordinance is held to be invalid of unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. is Section 5. conflict herewi Section 6. the time of its PASSED AND _ All ordinances or parts of ordinances in th be and the same are hereby repealed. _ This ordinance shall take effect immediately at passage. ADOPTED THIS day of 1991. APPROVED: ATTEST: MAYO R CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY PW*%4.S I Ciao of So Lgh Miami APPLICATION To be Heard REGULAR CITY COMMISSION MEETING NAME . ,N�__.1 !; �.v r�[s.._,�-a�L� s _ D A T E . ADDRESS: TELEPHONE NUMBER DURING BUSINESS HOURS: /I e 4/1 — //35 State reason for which you want to be heard: —Ac, Address of property: G04! 14 /f!r /i�,97 Would you like to meet with a Commissioner: Circle the name of the Commissioner: Cathy McCann Neil Carver Mayor Vice -Mayor Betty Banks Thomas Todd Cooper Commissioner Commissioner Yes C Jan Launcelott Commissioner ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION Off' THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE TREE bVP COMMITTEE ORDINANCE BY PROVIDING FURTHER DEFINITIONS; Il INCREASING MINIMUM HEIGHT OF REPLACEMENT T / PROVIDZNG FOR A FINE OF 1,000.00 PROVIDING FOR J SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;-AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 6 -91 -1471 passed on March 5, 1991 the City of South Miami enacted a Tree Ordinance; and WHEREAS, thereafter the Tree Committee established thereunder has recommended certain modifications to the Ordinance as set forth in the attached proposed amended Ordinance; and WHEREAS, the Mayor and City Commission wish to adiopt the suggested modifications to the Tree Committee Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Definitions. Street Trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or gays within the City. Park Trees: "Park Trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, Residential and Commercial_ Trees: "Residential and commercial trees" are herein defined as trees, shrubs, bushes and all other woody vegetation on private residential and commercial property within the City. Section 22. Creation and Establishment of a -City Tree Committee for the City of South Miami, Florida which shall consist of five members, citizens and residents of this City, who shall be appointed by the Mayor with the approval of the mmission. Section 3. Term of office: the term of the five persons to be appointed by the Mayor shall be for only one year and the term of two members of the first committee shall be for two years. In the event that a vacancy shall occur during the term of any member, his uccessor shall be appointed for the unexpired portion of the term. Section 4. Compensation. Members of the Committee shall serve without compensation. Section 5. Duties and Responsibilities. It shall be the responsibility of the Committee to study, investigate, council and develop and /or update annually, and administer a written plan for the cars, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along street and in other public areas, as well as residential and commercial property. Such plan will be presented annually to the City Commission and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of South Miami, Florida. The Committee when requested by the City Commission, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work. The Committee shall act only in an advisory capacity and the City Commission is not bound by their recommendations. Section 6. Operation. The Committee shall choose its- own Chair and Vice -Chair and regulations and keep minutes of its findings. A majority of the members shall be a quorum for the transaction of business. ,Q d_ection 7, Street, Park and commercial Tree Species to be Planted. The attached list constitutes the official street, park and commercial tree species for south Miami, Florida. No species other than those included in this list may /jbeelanted without written permission of the City Tree Committee. ies included on noxious tree list * ** shall not be planted under any circumstances. gection 8. The spacing of street trees will be in accordance with the three species size classes listed in section 7 of this Ordinance and no trees may be-planted closer together than the following: Small Trees, 15 feet; Medium Trees, 25 feet; and Large Trees, 40 feet; except in special plantings designed or approved by tree committee. Section 9. distance trees may sidewalks will be in classes listed in Se be planted closer to Small Trees, 2 feet; feet. Distance from curb and sidewalk. The be planted from curbs or curblines and accordance with the three species size ction 7 of this ordinance, and no trees may any curb or aidevalk than the following: Medium Trees, 3 feet; and Large Trees, 5 Section 10. Distance from street corners and fireplugs. No street tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 20 feet of any fireplug. Section 11. Utilities. No street trees other than those species listed as small trees in Section 7 of this Ordinance may be planted under or within 20 lateral feet of any overhead utility wire, ar over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Section 12. public Tree Care. The City shall have the right to plant, prune, maintain and remove trees, plants and - shrubs within the lines of all streets, alley, avenues, lanes, squares and public grounds, as may be necessa y to insure public safety r to reserve or en � � y p enhance the Z� and beauty of such public grounds. The City Tree Committee may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, ect or other pest. This Section does not prohibit the anting or street trees by ad3acent property owners providing that the selection and location of said trees is in accordance with Sections 7 through 11 of this ordinance; however no planting or landscaping shall be done on any municipal property without a permit from the Tree Committee. Section 13, it shall be unlawful for any person, firm, or City - Department to top any street, park, commercial, and residential tree. Topping or "hatracking" is defined as the severe-cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Ordinance at the determistaLion or the City Tree Committee. Where necessary, topping or pruning should be done in stages. Section 14,, Dead, Diseased or Noxious Tree Removal on Private Property. The City shall have the right to cause the removal of any dead, diseased or noxious tress on private property within the City, when such trees constitute an imminent hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. On the recommendation of the City Tree Committee, the City notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within three months IM after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal an the owners property tax notice. Section 15. Removal of stumps. All stumps of street and commercial trees shall be removed below the surface of the ground so that the top of the stump shall not protect above the surface of the ground. in the interest of environmental fco ervation, park and residential property are permitted to ave tree trunks standing for the benefit of nesting birds. Sections 16. interfe once with City Tr Committee. It shall be unlawful for any person to proven , delay or interfere with the City Tree Committee, or y of its agents, while engaging in and about the plant g, cultivating, mulching, pruning, spraying, or removing o any s xeet trees, par trees, or trees on private grounds, as. uthorized i this ordinance. fiction 17. Xrborists License and Bond. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the City limits without first applying for and procuring a license. The license fee shall be 3 25.00 annually in advance; provided, however, that no license shall be required of any public service company or City employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000.00 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. Tree services and arborists will be issued a copy of the City pamphlet on proper tree pruning and removal. Failure to comply with these Otdndards will' recu t in a fine of up to $500.00 and /or loss of license. Section 18. Single Family Residence. Removal of trees with trunk diameter 8" DHB or greater shall be permitted only if Potential replacement canopy is replaced on same property or other property within the City. Replacement trees must be a minimum of 8' in height with a trunk caliper of 2" and'selected from approved City Tree List. ,Aection 19. Hazardous Practices. It shall be unlawful to root prune or otherwise destroy the root system of a tree by any means, including construction site preparation t so as to cause the decline or death of the tree or to cause it to become table and a hazard in high winds. The exception to this rule uld be to root prune for safe removal to another site with -�-D appropriate reduction of canopy to lessen stress ofn vo e. Section 20. The City Commission shall have the right to review the conduct, acts and decisions of the City Tree Committee. Any person may appeal fro= any ruling or order of the City Tree Committee to the City. jection 21. Penalty. Any person violating any provision of this Ordinance shall be, upon conviction or a plea Of uilty subiect to a fine not to exceed $ 1,000.00-- 4 . Section 22. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, than said holding shall in no wary affect the validity of the remaining portions of this Ordinance. Section 23. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. gection 24. This Ordinance immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney 14 shall take effect day of 1991. APPROVED: Mayor CITY OF SOUTH MIAMI TREE LIST' Parks, Streets and Commercial Page 3 Common name * ** Bischofia Umbrella Tree Brazilian Pepper Melaleuca Australian Pine lr NOXIOUS TREES Botanical name Bischofia javanica Brassia actinophylla Schinus trebinthifolius Melaleuca leucadendrum Casuarina equisetifolia OFDIVAVCr NO. 6 -91 -1471 A1: OFDIN'ANCE OF T? is ;1AYOR AND CITY COI'i:ISSION OF Ti :£ CITY OF SCL'':C t'.IAI'I, FLCRIDtt,, RELATII:C TO TFL SPACI:'C DI£TPXCE AND PROTECTICU OF TREES IN THE PUnLIC PICI:TS- OF- 1'.&.Y AN PARIS If' TFE CITY OF SCUTI'. :IIAXI, FLORIDA; USTAELISPI::C A TREE COMVITTEE; PROVIDING FOR SIZE AfTr SPECIES OF PAF.I: AI. ^. STF.EF.T TF.EF.S; PF.OVIDIN0 FOR SEVFFAFILITY; PFCVIDIVC FOF ORDII:ANCFS I;: CONFLICT AND PFOVIP.ING Al: EFFECTIVE D.A.T.r.. 1'I:rREAS, trees provide a settinp with c variety of color unsurpassed in shade and hue; and WIIE SEAS, trees are an invaluable physiological counterpart to ncc r,.ar. -made urban setting;; and VHEPEA., trees absorb a I;iph percentage of carbon dioxide and return oxygen., a vital inpredient to life; and 1:'1:EREAS, the City of South Niari recognizes that trees on public property are valuable contributors to the City's environment; and Z.'EEP.EAS, the City Cor.,,.ission of the City of South Miar.i has determined that the protection of trees on public property within the City of South l:iarr:i is not only desirable, but essential to the present and future health, safety and welfare of all citizens. NOV.', THEREFORE, LE IT ORDAINED EY TUE I'.AYOR AND CITY COJIVISSIO:: OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. DEFIVITIONS Street trees: "Street trees" are herein defined as trees, shrubs, bushes and all other woody vegetation or land lying between, property lines on either side of all streets, avenues or ways within the City. Park trees: "Part: trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the City or to which the public has free access as a park. Section 2. CREATION AND ESTABLISHMENT OF A CITY TREE COMMITTEE There is hereby created and estatlished a City Tree Conmirree for the City of South Niami which shall consist of five members, citizens and residents of the City, who shall be appointed by the Mayor with the approval of the Commission. Section 3. TER1' OF OFFICE The term of the five, persons to be appointed by the Mayor, with the consent of the Comr..issior., shall be three years except that the term of two of the rr.embers appointed to the first Con..nittee shall be for only one year and the term of two of the members of the first Committee shall he for two years. In the event that a vacancy shall occur during the term of any r.,ember, his /her successor shall he appointed for the unexpired portion of that term. 14 Sectior 4. CO APENSATICt' Members of the Conr.ittee shall serve without compensation Section 5. DUTIES AND FESPONSIP.ILITIES It shall be the responsibility of the Committee to study, investigate, counsel, ant' develop and /or update annually, ane administer a written plar for the care, preservation, pruning. plantirr are replanting removal or disposition of trees ant shrubs it parks, along streets are in other Fublic areas. Suct. plan will t.e presentee annually to the Cite Cor..r..ission ant.. upor their accertance and approval, shall constitute the official cor- prehensive tree plan for tFe City of South ;tiara, rlorida. The Cor..r.ittee, when requested by the City Comr.ission, shall consider, investigate, make fineint, report and reconrene upon any special ratter of question coring within the scope of the work. The Cor.r.:ictee shall act only in an aevisory capacity anc' the City Cormissior: is not bound by their recommendctions. SECTIC" (:. OPERLTIOV The Corritcee shall choose its own Chair and lice -Chair and regulations and keep minutes of its findings. A majority of thc- rierr.bers shall be a quorur for the transaction, of business. Section 7. S:'I LI'T TREE SPrCIES, SI't.CING, PISTtt'C FRO ?' CUP.PS AI'r ^I^rt'A11 -� A" ^I; :'P.VCr FPO" S"PFT_`l cor.Ttrrr A 'r F:rr rLUCS. The Tree Corr..ittee stall return to ti c City Corr.ission their findings, in this area, as early as possible. Sectior. F. PUBLIC TF.EE CAFE The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, - alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Section 9. TREE TOPPING It shall be unlawful except as hereinafter provided, for any person to engage in topping of any Street Tree, Park Tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the norz:.al canopy and disfigure the tree. Trees severely damaged by storms or other uses or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt frog this ordinance at the determination of the City Tree Committee. _ Section 1C. PRUNING, CORNEF CLEAF.ANCE Every owner of any tree overhanging any street or right -or -way within the City shall prune the branches so that such branches shall nor obstruct the light from any street lane or obstruct the view of any street intersection and so that there shall he a clear space of eight feet (S'} above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a r •l;o Ali •r?�e rity shall have the menace t� .. .. ..a .. _ ,.� _. right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street fror. a street lignt, or incerferes wici, viaii;ii!Z control device or sign and the City shall have the right to be reimbursed for all costs incurred. Section 11. DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY The City shall have the right to cause the removal of any dead or diseased trees on private property within the Cite when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. The City will notify, in writinf:, the owners of such trees. Removal shall be done by said owners at their own expense within t1--c sixry (EC? days after tFe date of service o` notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to rerovc such trees and char-e the cost of removal on the owners of the property. Section 12. }'.EVIEI: EY CITY C0.'.'ISSI01' The City Cor:mission shall have the right to review the conduct, acts and decisions of the City Tree Cor•.r;ittee. Any person ray appeal frog: any rulint or order of the City Tree Committee to the City Cor,.r.ission who may hear th.e ratter and make the final decision. Section 13. PENALTY Any Ferson violating any Provision of this ordinance shall be subiecc to a fine not to exceed 105G0.0C. Section 14. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of coml:etent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 15. All ordinances or parts of ordinances in conflict herewith be and the sare are hereby repealed. Section H. This ordinance shall take effect imr.edintely at the time of its passage. PASSED AND ADOPTED this 5thday of March , 1991. ATTEST: V/. Ci -fy Clerk READ AVD APPROVED AS TO FOR?!: City Attorney ly APPROVED: Mayor