11-19-91r
w
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive 4z
REGULAR CITY COMMISSION MEETING Next Resolution:
November 19, 1991 Next Ordinance:
7:30 p.m. Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations
D. Items for Commission Consideration:
1. .Approval of Minutes of 11/5/91 (con't. 11/12/91) minutes
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - THIRD READING AND PUBLIC HEARING:
ail
4. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida; amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions for
catering services; restaurant, accessory; restaurant, convenience;.
restaurant, general; and restaurant, walk -up; deleting eating place
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.
. (Mayor) 4/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
5. An Ordinance of the City of South Miami, .Florida, amending Section
20 -4.4 of the Land Development Code of the City of South Miami,
Florida, and creating a new Section 20 -3.4 (B) (21); both to
provide for temporary off -site parking; providing for severability;
ordinances in conflict; and an effective date.(Mayor /PB) 4/5
6. An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of Psychic in Section 20 =2.3; permiting Psychic under
Section 20 -3.3 (E) of the permitted use schedule in NR, SR, and GR
Districts; providing for inclusion in the City's occupational
license fee schedule at $100.00; providing for severabily; ordinances
in conflict; and an effective date. (Comm. Launcelott /PB) 4/5
RESOLUTIONS FOR PUBLIC HEARING:
7. A Resolution of the Mayor and City Commission of the City of South;
Miami, Florida, approving a request pursuant to Section 20 -3.4 (B)
19 "Special Use Conditions" of the Land Development Code for a small
restaurant by Tony Custer from the Planning Board of the City of South
Miami, Florida, for the property known as 5885 SW 73 Street, Store #4,
(A Commercial Property) South Miami, Florida 33143 and legally
described hereinbelow. (Spec.Use) (PB /Adm.) 4/5 )-)_0 J,f,_btj
8. A Resolution of the Mayor and Ci.ty Commission of the City of South
Miami, Florida approving a request pursuant to Section 20 -4.3 (I) (9)
of the Land Development Code for two additional signs (each sign to
be 8 inches by 8 feet) where no additional signage is permitted by
Jeffrey J. Weiss from the Planning Board of the City of South Miami,
Florida for the property known as. 6262 Sunset Drive, South Miami,
Florida 33143 and legally described hereinbelow.
(PB /,Adm. ) 4/5
OFFICIAL AGENDA
November 19, 1991
page 2
RESOLUTIONS: Z-
1 t�
9. A Resolution of the Mayor and City Commission of th 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 Comprenhensive
Plan; charging the disbursement to account number 2100 -9950:
"Reserve for Encumbrances." , / q o (Administration) 3/5
10. A Resolution of the Mayo and ity Commission of the City of
South Miami, Florida, authorizing the purchase of a Toro
Groundsmaster 200 Series Rotary Mower for a total price not to
_- exceed $5,848.00 by the Recreation Department and providing for
disbursement from account number 2000- 430 "Equipment- Operating."
13q _n 1 rgjp (Administration) 3/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing a waiver of bid procedures
for the City's Police Department purchase of Computer Hardware/
Software as set forth hereinbelow upon the basis that there is
j one source of supply; authorizing an expenditure not to exceed
$12,979.35 for the Hardware and charging the disbursement to
N account No. 08- 1910 -6420 "Forfeiture Fund - Office Equipment;"
authorizing an expenditure not to exceed $5,850.50 for the
software and charging the disbursement to account No. 08 -1910-
5210 "Forfeiture Fund Operating Supplies."
/3S'gl_gj(; f__ (Administration) 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 six months' lease for a storage facility for the warehousing
of vehicles held by the Police Department pursuant to the
Florida Contraband Forfeiture Act; authorizing an expenditure
not to exceed $3,300.00 and charging the disbursement to
account number 08- 1910 -4900 "Forfeiture Fund - Special
Investigations." (Administration) 3/5
ORDINANCES - FIRST READING:
13. An Ordinance amending tion 15 -63 of the Code of Ordinances
of the City of South Miami, lorida, to permit mobile food
vendors in RM- 18�zoning distri providing for terms and
conditions; providing for severabill an effective date.
(Commissi-oner Launcelott) 4/5
14. An Ordinance amending the Tree Committee ordinance by
providing further definitions; increasing minimum height of
replacement trees to eight feet; providing for a fine of
One Thousand Dollars; providing for seve ability; providing
for ordinances- in conflict and providing an effective date.
(Mayor for Tree Committee) 4/5
15. An Ordinance amending Section 20 -3.6 of the Land Development
Code of the City by adding a new subsection (P) to provide
conditions upon which non - business home occupations are
permitted; amending Section 20 -2.3 to provide a revised
definition of "Home Occupation "; deleting the existing
Section 20 -5.10 "Home Occupational Licenses "; providing for
severability; providing for ordinances in conflict and
providing an effective date. (.Mayor McCann) 4/5
16. An Ordinance amending Section 20 -3.5 E of the Land Develop -
ment-Code of the City to provide an exception for interior
side setbacks in'RS -4 Districts; providing for severability;
providing for ordinances in conflict and providing an
effective date. (Mayor-McCann) 415
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 1#NR11, 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.
BUILDING - & —I%NING - MAY 1991
OFFICIAL AGENDA
1TY OF SOUTH MIAMI
6130 Sunset Drive
EGULAR CITY COMMISSION MEETING Next Resolution:
ovember 19, 1991 Next Ordinance:
:30 p . m . Next Commission Meeting:
Invocation
Pledge of Allegiance to the Flag of the United States of America
Presentations
Items for Commission Consideration:
1. ARproval of Minutes of 11/5/91 (can't. 11/12/91) minutes
2. City Manager's Report
3. City Attorney's Report
ti
!RDINANCES - THIRD READING AND PUBLIC HEARING:
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.
(Mayor) 4/5
)RDINANCES - SECOND READING AND PUBLIC HEARING: '�
j. An Ordinance of the City of South Miami, .Florida, amending Section
20 -4.4 of the Land Development Code of the City of South Miami,
Florida, and creating a new Section 20 -3.4 (B) (21); both to
provide for temporary off -site parking; providing for severability;
ordinances in conflict; and an effective date.(Mayor /PB) 4/5
6. An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of Psychic in Section 20 =2.3; permiting Psychic under
Section 20 -3.3 (E) of the permitted use schedule in NR, SR, and GR
Districts; providing for inclusion in the City's occupational
license fee schedule at $100.00; providing for severabily; ordinances
in conflict; and an effective date. (Comm. Launcelott /PB) 4/5
RESOLUTIONS FOR PUBLIC HEARING: /3I- -Q 1 _ C� lC�
7. A Resolution of the Mayor and City Commission of the City of South,
Miami, Florida, approving a request pursuant to Section 20 -3.4 (B)
19 "Special Use Conditions" of the Land Development Code for a small
restaurant by Tony Custer from the Planning Board of the City of South
Miami, Florida, for the property known as 5885 SW 73 Street, Store #4,
(A Commercial Property) South Miami, F orida 33143 and legally
described hereinbelow` (Spec.Use) (PB /Adm.) 4/5
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida approving a request pursuant to Section 20 -4.3 (I) (9)
of the Land Development Code for two additional signs (each sign to
be 8 inches by 8 feet) where no additional signage is permitted by
Jeffrey J. Weiss from the Planning Board of the City of South Miami,
Florida for the property known as 6262 Sunset Drive, South Miami,
Florida 33143 and legally described hereinbelow..
(PBJ�Adm. ) 4/5
OFFICIAL AGENDA
November 19, 1991
page 2
RESOLUTIONS:
9. A Resolution of the Mayor and City Commission of th 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 Comprenhensive
Plan; charging the disbursement to account number 2100 -9950:
"Reserve for Encumbrances." Q n �Administration) 3/5
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of a Toro
Groundsmaster 200 Series Rotary Mower for a total price not to
- -- exceed $5,848.00 by the Recreation Department and providing for
disbursement from account number 2000 -6430 "Equipment- Operating.
i3ci -q ` ��7 (Administration) 3/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing a waiver of bid procedures
for the City's Police Department purchase of Computer Hardware/
Software as set forth hereinbelow upon the basis that there is
one source of supply; authorizing an expenditure not to exceed
$12,979.35 for the Hardware and charging the disbursement to
-�` account No. 08- 1910 -6420 "Forfeiture Fund - Office Equipment;"
authorizing an expenditure not to exceed $5,850.50 for the
software and charging the disbursement to account No. 08 -1910-
5210 "Forfeiture Fund ,,7 Operating : g Supplies."
/2S .)(') � a (Administration) 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 six months' lease for a storage facility for the warehousing
of vehicles held by the Police Department pursuant to the
Florida Contraband Forfeiture Act; authorizing an expenditure
not to exceed $3,300.00 and charging the disbursement to
account number 08- 1910 -4900 "Forfeiture Fund - Special
Investigations:" (Administration) 3/5
ORDINANCES - FIRST READING:
13. An Ordinance amending tion 15 -63 of the Code of Ordinances
of the City of South Miami, lorida, to permit mobile food
vendors in RM- 18'zoning distri providing for terms and
conditions; providing for severabi i an effective date.
(Commissioner Launcelott) 4/5
14. An Ordinance amending the Tree Committee ordinance by
providing further definitions; increasing minimum height of
replacement trees to eight feet; providinp for a fine of
One Thousand Dollars; providing for s-eve0ability; providing
ifor ordinances in conflict and providing an effective date.
(Mayor for Tree Committee) 4/5
15. An Ordinance amending Section 20 -3.6 of the Land Development
Code of the City by adding a new subsection (P) to provide
conditions upon which non - business home occupations are
permitted; amending Section 20 -2.3 to provide a revised
definition of "Home Occupation "; deleting the existing
Section 20 -5.10 "Home Occupational Licenses "; providing tar
severability; providing for ordinances in conflict and
providing an effective date. (Mayor McCann) 4/5
16. An Ordinance amending Section 20 -3.5 E of the Land DeveIop-
ment-Code of the City to provide an exception for interior
side setbacks in'RS -4 Districts; providing for severability;
providing for ordinances in conflict and providing an
effective date. (Mayor-McCann) 4/5
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ESTABLISHMENT S. F. BLOCK SF PERCENTAGE
1 • DEPOT RESTAURANT
I 1,550
23,432
6.61%
0 DIXIE
I
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2. �UNSET
I 1,291
128,380 1.01
581 DRIVE
I I
3• COLLEGE
I 1,200 87,000 1.38
894 SUNSET DRIVE
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4. JJ'S AMERICAN DINER
( 4,600
87,000 5.29%
5850 SUNSET DRIVE
I (
5• AND
I 1,040
82,650
1.23%
S�
5812 SUNSET DRIVE
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6. CHEERS
I 7,000
67,847 10.32$
581 2 SUNSET
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7. DELI LA E CAFE
F I
2,525
67,847 3.72%
7 A AVENUE
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8. YOUR FATHER'S MOUSTACHEI
3,058 I
67,847 I 4.51%
7232 SW 59 AVENUE
9. BEL ASLUN STREET I 6,600 I 87,000 I 7.59%
10. FINICKY'SRLIT LE DINER I 625 I 82,650 I .76%
7310 RED 11• FOOD 18 RED ROAD I 625 I 82,650 I 76%
12. LE GLACIER I 1,350 I 93,938 I 1.44%
5950 S. DIXIE HWY
13. NEW8CHINATOWN HWY 5,000 I 93,938 I 5.32%
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)
El 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 1.50 - (10 & 11)
New Chinatown block - Restaurant Coverage 6.76% - (12 & 13)
4 BUILDING & ZONING - MARCH 1991
EATING PLACES IN "SR" DISTRICT
* Building only
BUILDING & ZONING - MARCH 1991
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.
FINICKY'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
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ROBERT K. SWARTHOUT, INCORPORATED city plan B w=u1t="
400 South Dixie Highway, Suite 121
Boca Raton, Florida 33432.6023
(407)392-5800
(305) 467 -t"
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
i
Robert K. Swarthout, AICP
.1
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1
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Sect ion 20- 3.2(D)
USE TYPE
ZONING DISTRIC
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
1 2 3 4 6 9 1 2 D K
8 4 S G
uanx or savincs Institution
p
p
p
Beauty or Barber Shop
p
11
Billiard Parlor
S
S
P p
p
16
11
Bowling Alley or Skating Rink
Qntractors Of f i c•e
S
S
11
16
P
P
P
P
16
Catering Services
p p
p
p
S
14
I
ll
9
Chiropractic Office or Clinic
11PIP
p
Contractor Plant & Storage
p
1 4
omnuter quppiipa & Servic
�
p
p
p
p
p
14
Dance, Art, Music
p
10
ar f4ar-FIX-7 ArFm srhool
P
P
P
P
10
► Dry Clpanl ng sttberari nn
(no orocessincr)
ignt 1 D1 �
S
S
p p
p
16
it
7
Employment Agency
p
p
p
p
Engineering Services
p
p
p
p
p
10
P Fi In Substation
racessina
10
r»norA i Ht»nin
3
11;
p � n� e 1
$
$
'
AgancX I
P
P
P
P
1PI
4
ilnteri r ecorator
10
Investiga ivp qp= i np-
P
P
P
p
p
p
p
IP
10
D
Laboratory: Medica or ental,
' attn rc+tnair
P
P
P
P
P
(
9
Law -- OF
i
P P
P
11
D
Lawn Maintenance Services
Loan or Finance Agpnc-v
p
`11
1
p
p
p
p
10
det Research Services
p
p
p
:ledical
p
p
10
.ice
r Services
p
p
p
P
P
P
9
:tails & Skin Care (accessory)
N otary Public
(
S
S
16
11
uF�i r•o Drn*
P
P
p
P
P P
p
P
p
10
l
Pest Contrci Services
(ipip
P
P
P
P
9
Dh-Rrc n 1 L'i t i 1+ +-•
p
11
►Photogramnic Studio
Framin re
S
S
P
P
.P'czure
Planning & Zoning Consultant
p
p
11
-
p
p
p
p
p
1161111
10
LAND DEVELOPMENT CODE Revised August 21, 1990 CITY OF SOUTH MIAMI
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43-
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Section 20- 3.2(D)
ZONING DISTRICm
R R R R R R R R
R L M N
S G I H P P
C P
0 A
S S S S T T M M
JSE TYPE 1 2 3
0 0 0 R
R R I R
N R
4 6 9 1 2
D K
8 4
S G
'Public Rela ice
[nip P
p p
10
a o u Television Repair Shop.
P
11
i geproQLiCtlon bt s - annar-AP- ri C
P
P
1
P
P
11
Reupholstery. & Furniture
14
Repair Services
S
P
12
Stock Brokerage sprvicps
Tailor or Seamstress
p
p
p
p
p
10
P
P
P
1
11
11
Telephone Answering Services
p
p
—
p
p
p
11
Tutorial u �ervices�
P
p
p
p
p
11
T r• i
.. el A envy P P P
P P 10
Watch and lock Sales & Repair
P p P 11
Video Tape Rental Store P
p p p 11
RETAIL AND WHOLESALE TRADE
1lr Conditioning Sales & Services
P p 11
.Antiau Tor Curio Shop
p p p 11
Automobile Dealer
Bait & Tackle Shop
S
S
11
Bakery
P
P
11*9
11
_Hzcvcie Sales & Services
P
P
P�
I
I
IZZ
Boat �eaier •
I
S
S
9111
1
vMacnine
-Business Sales Y Services
I
+
S�S
p
IPPIP
p
p
p
p
11
16 11
Camera & Photo sunpsy Store
.. -
C ^" r1 c
C,"athina or Apparel Store
I
(new or 1
P
P
P
I
1
11
n -, gr r.. a-am Parlor
16
211
Consumer Electronics
or. Music L=e
; -
I
IPIP,p
it
c
i
D airy Produc= Store
p
Departure r- or nry tunas c *nXq
PIPIP!
116118
�
a Place 0 Druo f ?nar --acv or Sund=•.' Store
I
(
S
S
P P
,
P
P
16
11
S S
SIP
1
J
4
''
Z- ting Place (Accessory)
+
I
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S
S
(
1
16
7
i
'f ?ro conditions
G
u�vr uirn�nt C:CJDE Revisea Augusz 21, x.990
4 2.
Secr- on 2C-3.2(D)
USE TYPE
_Fabric or nrnnpr,_� ghon
7 Florist
Gasoline Service Station
r
Gift, Nova o A-9--o G ass an rror Sales & rvices
Hardware store-
Heavy ac inery7ales,
Rental & Services
unhhv rtnir M n= na 4hon
Household Appliance Store
Home Furniture '
Jewelry Store
Lawn & Gar en Supplies
Lawnmower Sales & Services
e or Leather Goods Store
Li
Lumber & Building Materials Store
Mobile Food Vendors
Monument Sales
Motorcycle Dealer
o Newsstand
♦ I rr -=R�nnlies
Paint, Glass & wallnaner Store
#L et Sales or Croomi nQ cervices
Plant Nursery or Greenhod -se ""m
Plumbing Shop
Poult -7 Meat cr Seafood Market
ecreat4onal Vehicle Dealer
O Saxing . Needlework
Sr i ,Dock 5,
O-chnP c+-
or-e-0 S=rtincx _Goods Store
Q Tf—r -n chnn
O
Used Mern :c����e
(anri� „nc►
TLUd Me =andise More
vow,
�•.
(Cp&signmenz Goods
sed ercnandise Fore
(Secondhand Goods)
Used Merchandise Store
;Vehicle Parts)
_1a�- pry ct�
Who�Wa.saie Sales & Storage
Secticn T
AND EVE=PMENT CODE
ZONING DISTRICT
i C P
R R R R• R R R R R L ;d 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
91 F
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1111
Ron
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11
ra
T1 I 1 11 PiPIP1 111 '1-
Revised January 15, 3992
4 3
CITY OF SOOTS MIAMI
Section 20- 3.3(D) ZONING DISTRICT
R R R R R R R R R L M N G I H P P 0 A
JSE TYPE
S S S S T T M M 0 0 0 R R I R N R
1 2 3 4 6 9 1 2
8 4 D K
S G
TRANSPORTATION, WAREHOUSING AND COMMMICATIONS
c
ransit or Taxi Terminal
FOoff SzoralTeLocker P P P 12
Material Stprggp-Yard
P 12
Storage Garage -
Transfer & Moving Company P1 14
Vehicle & Truck Storaaa P 14
Public Warehousing & Storage
i++ P 14
MANUFACTURING AND INTENSIVE USES
Cabinet Making & Millwork
Food Products P 14
Furniture & Fixtures
Machine Shop P 14
Ornamental Metalwork Shop P 14
lint & Allied Products
printing, Publishing P 14
or Bookbindincr
Sign Painting & Lettering Shop
Stone Cutting & Processing P 14
° P 14
Upholstery Shop H�+ . P 1141
s
r
L"au Revisea Aucust 21
:990 CITY OF SOUTH.MIA
4 4-
Draft #1
Amendment to City of South Mami Land Development Code Related to
MODIFICATIONS in the EXISTING
SPECIALTY RETAIL DISTRICT
prolim-M
CREATION of a NEW
SPECIALTY RETAIL CORE DISTRICT
May 2,1991
Prepared by
Add to Section 20-2.3 the following definitions:
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).
Arid 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:
4
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
�I
4
proposed accessory bar will constitute a minor and insignificant
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'SIV
5
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.
(20% - 02% = 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 05%
(20% - 05% = 15% 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. **
G &H 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
4
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.
tlH�4fl�H2li7S
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE SOUTH MIAMI
PLANNING AND ZONING BOARD
FROM: ALAN S. GOLD
DATE: January 29, 1991
RED 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."
k1-
DpG^1ff4',
Z 39dd ZLWU99Z10H 0S :91 16416Z't Gill)
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.
Kong • zi� •
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.
_ FI--
ORDINANCE
;D I
�� ec CIL4
NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E); PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises of the
catering establishment.
£ A��N6- i��e£--- 5} 1e��- ateert- sn�*- est�riq- estnb��9hn�ent- Where- feed -stud
d��n3�- �9- prepet�ed; - 9e�ved- arid- eea9t�ued- eta- tie- preMtxa-
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.
Em
section 2. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to delete the following:
ZONING DISTRICTS
RI LI MI N SI G1 IJ
01 OI O RI R1 RI i
--------- - - - - --
I
C P
0 A
N R
D I K
S G
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
ZONING DISTRTCTq
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.
No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iii. All Restaurants shall be spaced a minimum of three
hundred (300) feet from any other Restaurant.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
The City Commission shall review and approve the
site plan.
2
44
R
L
M
N S G I
0
0
0
0
R R R
RestaurantS
R
D
Restaurant, Aci o
S
S
S S P
Restaurant. Fast Food
a
7
16
N
A
4(b
S S
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.
No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iii. All Restaurants shall be spaced a minimum of three
hundred (300) feet from any other Restaurant.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
The City Commission shall review and approve the
site plan.
2
44
C
P
0
A
N
R
D
K
S
G
4
a
7
16
N
A
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.
No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iii. All Restaurants shall be spaced a minimum of three
hundred (300) feet from any other Restaurant.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress nor egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
The City Commission shall review and approve the
site plan.
2
44
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 herebv repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
3
4 r
, 1990.
I•
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -4.4 OF THE THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING
A NEW SECTION 20 -3.4 (B) (21); BOTH TO PROVIDE FOR
TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code, which in Section 20 -4.4
provides for off -site parking spaces, provided the spaces are
either on land held in common ownership "or held under a lease
with a remaining term of twenty (20) years or more "; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for temporary off -site parking
spaces under a less restrictive lease term;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.� Section 20 -4.4 P (2) (c) of the Land
Development Code be, and the same is, hereby amended to add the
following final sentence:
The foregoing notwithstanding, off -site parking spaces
may be held under a lease with a remaining term of
less than twenty (20) years under the special
conditions set forth in section 20 -3.4 (B) 21.
Section 2. Section 20 -3.4 (B) of the Land Development Code
be, and the same is, hereby amended to add the following new
sub - section 21;
s
(21) TEMPORARY OFF -SITE PARKING
Off -site parking held under a lease term of at least
one year may be utilized under the following special
conditions:
(a) The use must be for a minimum remaining lease
term of one year and must be initially approved by the
City Commission as being within the health, safety, and
public welfare.
(b) One utilizing temporary off -site parking under
this section must schedule and appear before the
Commission one year from the date of the initial
approval of the use to obtain Commission approval for
y
Y /
condition of the use. The applicant must show it has
either a new lease or a remaining lease, in either
case for a one year minimum, and that the use remains
in the health, safety, and public interest. Otherwise,
approval is automatically null and void.
ection 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 S. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERX
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
J
Applicant: City of South Miami
Request: An Ordinance of the City of South Miami,
Florida, amending Section 20 -4.4 of the Land
Development Code of the City of South Miami,
Florida and creating a new Section 20-
3.4(B)(21); both to provide for temporary off -
site parking; providing for severability;
ordinances in conflict; and an effective date.
Mr. Parr read the request. B & Z Director Lama explained the
purpose of this request. At the present time, the only option for
acquiring additional parking to meet City requirement is a 20 year
lease. This request allows the applicants to find a year -to -year
lease for the same purpose with the condition that they return to
the Commission every year to review the use that they have been
conducting and re- approve or not based upon the results of that
review. Mr. Gutierrez stated that he understands this when a
situation such as that which JJ's Bar and Grill is proposing
arises. This restaurant is proposing an outdoor seating area where
the parking lot is presently located. Mr. Gutierrez asked if this
could apply also to erecting a building in the same location?
Ms. Lama said that, in the way this is worded, this could possibly
happen. No reference is made to in -door or out -door activity.
The Chair opened the Public Hearing. There being no one present
to speak either for or against this request, the Public Hearing was
closed and Executive Session opened.
Mr. Parr suggested modifying the wording to avoid the possibility
as stated above. Mr. Gutierrez stated that, in an attempt to
accommodate the present owners of JJ's Bar and Grill, this request
may be viewed as "overkill ". Perhaps Planning Consultant Swarthout
or the Board may have a better idea. Mr. Parr said that, perhaps
requiring a variance application each time would be more sensible.
Ms. Lama explained that a variance for use is not allowed and also,
that approval of a variance is based on "hardship running with the
land" which would make any request such as this virtually
impossible. Therefore, a variance would not resolve this specific
problem. Mr. Gutierrez suggested changing the Code so that parking
requirements could be waived for outdoor cafes in order to
encourage that type of activity if it complies with the
Comprehensive Plan.
PB Minutes 4 09 -24 -91
Ms. Lama explained that JJ's Bar and Grill is proposing an outdoor
seating area, which can only be allowed. if this request is granted.
This request has also been brought to the attention of the City's
Planning Consultant, Robert Swarthout.
Mr. Lefley feels that this problem is addressed, referring to the
Commission Ordinance, second page, fifth line from the top, Section
2- 21(b), "otherwise approval is null and void ". This procedure is
common throughout Dade County. The Ordinance does not give an
automatic permanent use. No criteria for denial is stipulated.
Mr. Eisenhart noted that the Ordinance does not address the matter
after the first year when the applicant must return to the
Commission for a review. He would prefer that their temporary
lease agreement included some type of renewable option at the
lessees' option. The initial lease agreement would be for one year
with additional one year renewal terms.
Mr. Lef ley made motion that Staff revisit Section 2(b) of the
Ordinance to:
(1) explore limiting or specifying uses
(2) specify for annual reviews
(3) standards should be expanded to include parking
other subjects which the Commission should review
at the time of the annual review
Motion seconded by Mr. Eisenhart, for discussion.
Mr. Eisenhart does not favor an applicant having to come before the
Commission annually and be at their "whim and wishes" regarding
parking.
Vote: Approved: 3 Opposed: 3
(Eisenhart)
(Thorner)
(Gutierrez)
Motion failed.
Ms. Lama clarified: (1) The Ordinance was prepared by the City
Attorney; (2) the Board may want to refer this back to Mr.
Swarthout for clarification inasmuch as Staff does not write the
Ordinances.
Mr. Eisenhart listed those as Staff, Consultants and anyone else
who advises on these matters. Ms. Gonzalez asked that the Board
be given copies of any reports or information already done by Mr.
Swarthout. Staff reports that Mr. Swarthout did not make a formal
opinion in this matter. He merely made a comment on the subject.
Mr. Parr made a motion that this request be deferred until Mr.
Swarthout can give a written opinion on the matter. Seconded by
Ms. Thorner.
Vote: Approved: 6 Opposed: 0 �`��
go
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
PSYCHIC IN SECTION 20 -2.3; PERMITTING PSYCHIC UNDER
SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE IN
NR, SR, AND GR DISTRICTS; PROVIDING FOR INCLUSION IN
THE CITY'S OCCUPATIONAL LICENSE FEE SCHEDULE AT
S 100.00; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the Citv of South Miami, Florida has heretofore
enacted a Land Development Code providina for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
Psvchic: and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for Psvchic in the permitted use
,3chedule;
NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby
is. amended as follows:
PSYCHIC. Shall mean a oerson who has an extra - natural sense of
perception and tiara- normal abilities which cannot be explained in
terms of established phvsical principles and who is able to
decipher this sensitivity for practical purposes.
Section 2. Section 20 -3.3 (E) be, and hereby is, amended
to include the followina additional uses:
C P
ZONING DISTRICTS 0 A
N R
R L M N S G I H D K
0 0 0 R R R S G
Psvchic P p p - 9
Section 3. Section 24 of Ordinance 20 -83 -1180 be, and
hereby is, amended to include the following additional Service:
Psvchic............................................ $ 100.00
L�
Section A. 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
wav 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.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
§ 8A•198 DARE COUNTY CODE 18A•200
County for profit shall pay a license tax of five hundred sixty -two
dollars and fifty cents ($562.50) if not a utility franchised by the
county for which franchise fee is paid.
12► Municipal corporations which own and operate their own
electric power plant or gas plant shall not be subject to the above
taxes.
(3) Every person engaged in the business of furnishing electric
power, gas or community television antenna service in Dade
County for a profit shall pay a license tax of four hundred fifty
dollars 1$450.00) if a utility franchised by the county for which a
franchise fee is paid. (Ord. No. 72.44. § 1.8. 15.72; Ord. No. 80.9 1,
11.9.2.80; Ord. No. 85.72, § 1, 9. 19.85; Ord. No. 86 -5, § 1, 2.4 -86)
Cross reference — Community television antenna systems, § 8A -125 at seq.
Sec. SA -199. Fortunetellers, clairvoyants, etc.; license tax;
exemptions.
( 1) Every fortuneteller, clairvoyant, palmist, astrologer, phre-
nologist, character reader, hypnotist, graphologist, spirit medi-
um, absent - treatment healer, or mental healer and every person
engaged in any occupation of a similar nature shall pay a license
tax of two hundred twenty -five dollars ($225.00).
(2) This section does not apply to Christian churches who heal
the sick by prayer or regularly ordained ministers of-churches
who are members of Florida State Spiritualist Ministerial Asso-
ciation whose charters are filed in the Library of Congress and on
record in the state capital in Tallahassee. (Ord. No. 7244, § 1,
8.15.72; Ord. No. 80 -91, § 12, 9.2.80; Ord. No. 85 -72, § 1, 9.19 -85;
Ord. No. 86.5, § 1.2.4 -86)
Sec. 8A -200. Fortunetellers, clairvoyants, etc., county
permit required; penalty.
(1) No license to engage in the occupation of fortunetelling
or any other pursuit for which a license is required by
section 8A -199 of this chapter shall be issued to any person
unless such person holds a permit therefor given by the clerk of the
board of county commissioners. No permit shall be issued until
after the following conditions are fulfilled:
-Supp. No. 164 220.24.32 1.
§ BA -200 BUSINESS REGULATIONS 4 BA.200
(a) The applicant shall have been a resident of Florida
for at least two (2) years and shall be a registered
voter in the county where the permit and license are
applied for.
(b) The applicant shall supply written recommendations from
not less than five (5) reputable citizens of the county which
recommend the applicant as being of good moral character.
(c) The application, with a recent photograph of the applicant
which shall become a permanent part of the permit, shall be
presented to the clerk, who shall make investigation and
examination of the applicant and his or her moral character,
then either issue or deny the permit. In making his determi-
nation on the character of the applicant, the clerk shall be
governed by the following provisions:
(i) He shall not consider a past arrest of the applicant
which did not result in a conviction; provided, however,
allegations which are the basis for any pending criminal
charges may be considered if the charges are pending
when the application is considered.
Y -
(ii) If the applicant has had his or her civil rights restored,
the clerk shall only consider acts or omissions on the
part of the applicant subsequent to the restoration of
civil rights.
(iii) In the case of subsequent applications of the same appli-
cant, the clerk shall only consider acts or omissions on
the part of the applicant which have occurred subse-
quent to the date of the issuance of prior permits to the
applicant.
(d) Any applicant or other person dissatisfied with the decision
of the clerk may, within ten (10) days from the date of action
by the clerk, apply to the county commission to review the
action of the clerk. In such event, witnesses shall he sworn
and the rules of evidence applicable to quasi - judicial pro.
ceedings shall govern. The determination of the hoard shall
be final unless overturned by a court of competent jurisdic-
tion.
Supp. No. ts; 220.24.33
I 8A -200 DADE COCNNTY CODE i 8A.201
(2) All county law enforcement officers shall aid and assist the
clerk of the board of county commissioners in conducting the
examination of any applicant for the permit required for this
section.
(3) Every licensee comprehended by this section shall at all
times while engaging in the occupation for which licensed dis.
play at his place of business both his license and the permit
herein required. Failure or refusal so to do shall be prima facie
evidence of engaging in such occupation without a license.
14) Anyone guilty of engaging in any occupation comprehended
by section 8A -199 of this chapter, without a license and the
permit required by this section or who shall obtain any such
permit for license by fraud or deceit shall, for the first offense, be
punished by a fine of not more than five hundred dollars ($500.00)
or imprisonment for not more than sixty (60) days. For a second
or subsequent offense, he shall be imprisoned in the state prison
for not less than six (6) months nw more than two (2) years and
may, in addition, be fined not to exceed five thousand dollars
1 $5,000.00).
(5) This section does not apply to Christian churches who heal
the sick by prayer or to regularly ordained minsters of churches
who are members of Florida State Spiritualist Ministerial Asso-
ciation whose charters are filed in the Library of Congress and on
record in the state capital in Tallahassee.
(6) The permit required by this section and the license author-
ized by section 8A -199 of this chapter shall be required whether
the person engages in the practice within a municipality or in the
unincorporated area. (Ord. Flo. 72.44. § 1.8.15 -72, Ord. No. 77.66,
§ 4, 9.20.77; Ord. No. 79.31, § 2, 4- 17.79; Ord. No. 81.80, § 1,
7.7.81)
Cross reference— Occupational license tax for fortunetellers, etc., in unincor.
porated areas. f BA-236 et seq.
Sec. SA -201. Insurance adjuster.
All persons acting as insurance adjusters shall pay a license tax
of fifteen dollars ($15.00) to the tax collector. (Ord. No. 7244,
§ 1, 8.15 -72; Ord. No. 80.91, § 13, 9.2.80; Ord. No. 85.72, § 1,
9. 19.85; Ord. No. 86.5, § 1, 2.4.86)
Supp. Flo. 164 220.24.34
Applicant: Mayor & City Commission
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
PSYCHIC IN SECTION 20 -2.3; PERMITTING PSYCHIC UNDER
SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE IN
NR, SR, AND GR DISTRICTS; PROVIDING FOR INCLUSION
IN THE CITY'S OCCUPATIONAL LICENSE FEE SCHEDULE AT
$100.00; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
Mr. Eisenhart read the request.
Chairman Ligammare deemed public hearing to be in session.
Julia Mitchell, a psychic, spoke for the request. She explained
that she uses flowers in her work, - each flower having a specific
name, such as venus of love and everlasting love. There is one for
problems. The client- purchases the flower they want and receives
a psychic reading from the flower. If satisfied the client pays.
If not, they do not pay. The proposed location is the second floor
of the northeast corner of South Dixie Highway and Sunset Drive.
The Chair asked for those wishing to speak against the request.
There being none, and staff having nothing to report, public
hearing was closed and executive session called to order.
The Chair stated a concern that psychics are self - proclaimed and
may be duping the public. Mr. Lefley noted that County Ordinance,
administered by Clerk of the Court, has explicit requirements for
issuing licenses in these instances.
Mr. Gutierrez moves for approval with the following modification:
"(1) to be removed from NR district, left only in SR & GR
districts as a Special Use;
the special use will be added into the special use conditions
that already exists on our code and it will be that the use would
be found compatible and harmonious to,the area where the special
use is being requested." Seconded by Mr. Parr.
Vote: Approved: 6 Opposed: 1
( Ligammare)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST
PURSUANT TO SEC. 20 -3.4 (B) 19 "SPECIAL USE CONDITIONS"
OF THE LAND DEVELOPMENT CODE FOR A SMALL RESTAURANT BY
TONY CUSTER FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5885
S.W. 73 STREET, STORE #4, (A COMMERCIAL PROPERTY) SOUTH
MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW
WHEREAS, Tony Custer requested the Planning Board of the
City of South Miami pursuant to Sec. 20 -3.4 (B) 19 "Special Use
Conditions" of the Land Development Code for a small restaurant,
said request for the property known as 5885 S.W. 73 Street, Store
04, (a commercial property) South Miami, Florida 33143, which
property is legally described as follows:
; and
Lots 20, 21 and 22 of W.A. LARKIN
SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 3 at Page 198 of the
Public Records of Dade County, Florida
WHEREAS, the Staff recommended approval of the application
as it meets the requirements of the Land Development Code; and
WHEREAS, on October 29, 1991? the Planning Board voted to
approve the request by a 7 - 0 vote;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of Tony Custer pursuant to Sec.
20 -3.4 (B) of the Land Development Code for a Special Use Permit
for a small restaurant, said request for the property known as
5885 S.W. 73 Street, Store #4 (a commercial property) South
Miami, Florida 33143, be, and the same hereby is, approved.
7
PASSED AND ADOPTED this th day of November, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
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APPLICANT: Sivriq "/,4IKI 4w, x T /� M-
OWNER: (/(J
61/IENNE I NYEv -Af e"u xis
MAP REFERENCE: 5885' C,_J -15 ST-wg=p,T
MAI,,- RU5TAU2Arjr
'S'PE C i An. USE �E R ►•+ T
CITY oc SOUTU MIAMI PLANNING BOARD
Lw'-0
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Date. jQ': ! 0��i . .
Drn.W.,.Chk.....
Hearing No..O3�
STAFF REPORT
October 25, 1991
Applicant: Tony Custer
Request: Special Use Permit for a Small Restaurant, as set forth
in Section 20- 3.4(B)19 SPECIAL USE CONDITIONS of the
adopted Land Development Code of the City of South Miami.
Legal: Lots 20, 21, and 22 of W.A. LARKIN SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 3 at Page
198 of the Public Records of Dade County, Florida.
Location: 5885 S.W. 73 Street, Store #4
South Miami, Florida
(A commercial property)
The applicant is seeking a Special Use Permit in order to
operate a Small Restaurant in the SR district. The proposed site
is located within two hundred feet of a municipal parking lot. The
proposed site does provide sufficient parking to satisfy at least
25% of the Land Development requirements; the lot provides 29
spaces where 28 spaces would be required to meet 25% requirement.
Staff recommends approval of the application , as it does meet
the requirements of the Land Development Code. The applicant has
been informed that the project may have to meet additional
handicapped access, fire and South Florida Building Code
requirements to obtain final permitting and a Certificate of Use.
7
"Ity of South Miami
6130 Sunset Drive. South Miami. Florida :::4G
APPLICATION FOR PUBLIC HEARING BEFORE
Property owner: pl- Signature:
Address: %3 5011 -�TOr * 26q• Phone Number:
Architect: Phone:
Engineer: jJ 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) Block Subdivision PB
Metes and Bounds:
ON SuKySY .
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:
nJ7 coD/ f-
MATERIALS
MATERTAL
V Letter of intent Hardship statement _ Reasons for change
Proof of ownership Power of attorney _ Contract to purchase
Current survey Site plan (7 copies) _!:f Required fee(s)
The undersigned has read this comple application nab represents the
information and all submitted mat ia furni rrect
to the best of the applicant's kn wled a an -
/0 /3igl - le 1. �
Date
Applicant's Signature and title
Upon receipt, applications and all submitted materials will be reviewed for
compliance with City Codes and other applicable regulations. Applications
found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY DATE FILED #44 Y �t EPTED REJECTED
G"
DATE PB HEARING j � 2 1 COMMISSION PETITION REQUIRED
ADVERT DEADLINE �° OTHER INFO PETITION ACCEPTED
E V I E N N E I N V E S T M E N T S , I N C.
9835 Sunset Drive, Suite 209
Miami, Florida 33173
October 3, 1991
Re: 5885 S.W. 73 Street
Store # 4
This letter will serve as notice of intent to lease the above
mentioned unit to Tony Custer, acting as our agent for the
purpose of obtaining a special use permit for 5885 S.W. 73
Street, Store # 4, subject to the approval by the City of
South Miami to operate a restaurant at that site. This po-
tential tenant has deposited with the landlord an amount suf-
ficient to remove the unit from the market for a specified
period.
Thank you,
J
Giorgio
Evienne ��vleLJnts, Inc.
Sworp to and subscribed before me this day
Of A.D. 1991.
Notary Public
9NOTARY PUKIC STATS OR PttmAti tab Florida
MY COMM UtO.t ;Aiftti; JULY 01, 1 "7
My commission expires �
7
SOUTH MIAMI CHIX
2655 Le Jeune Road, Suite 610
Coral Gables, Florida 33134
October 3, 1991
Dear Sirs:
I have developed a flame -roast chicken restaurant concept
over the past two years. Our goal is to offer our diners the
best available product, in the highest quality and most
agreeable ambiance, at very reasonable and competitive
prices.
The site we have leased has 1860 sq. ft. at 73rd St. in the
heart of the SR district's restaurant area. We would hope to
have as many seats as current law allows us (up to approx.
80). We feel that the site can easily seat over 50.
Our products are the very finest, both as raw materials as
well as the food served. All dishes are prepared with our
own recipes. Our decor is composed of Italian tile floors,
oak and walnut furniture, sponge - painted walls, plants and
pictures of old Miami pertaining to the area the restaurant
is located in. There is no plastic.
It is our earnest wish to bring to South Miami the very best
"Rotisserie" Chicken in South Florida. We ask your permis-
sion ta-4Q so.
S erel
;?elipe Custer
President
FAC /cc
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LEGAL DESCRIPTION
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ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 AT PAGE
OF THE PUBLIC RECORDS OF 2>A- L7E COUNTY. FLORIDA.
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TH FLA x00 0e61MAlC PLATE MAP oAT[D 11-04 —19 1a 87 - FUatl000 •T THE umTRO� TIS DEPARnAINT OF MOUSMG
AND UPOM DEVELOPMENT. DELS4AT[S THE ►KAHN OESCM66E0 LAW TO " SITUATED WArmm ZONE
P,. —#. M.. 17SAA/1 D—M M. Z7 t- Suffi■: F
WE HEREBY CERTIFY: That fns atuuwd BOUNDARY SURVEY of the above dsaalb d ProPWlY is UU6 and correG 10 1110 best Of
our ktawfedpe and btlisf as recently awveyed under out Mon. oleo Ihu Mere we no above grouAd erwosenments tuwess
drown, and rnsma uw muwnwun socnnsrzl stewards ast forth by the FLORIDA BOARD OF LAND SURVEYORS. Pwsuam to Section
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determwne ncpdad instrumenm if any. affecting Ins property. Locauon and idondrocUl on of uuMim on and or adpcerw to u»
propsry were not secured as such mformauon was not requested. Ownerdwp is subpcT to option of dos.
CERTIFIED TO% ? �`
PROFESSIONdI''LAND SURVEY0 NO. 3179
STATE OF FLORIDA Juan J. Bonfill
DATE: 1c) — O.4 — oN
J. BONFILL AND ASSOCIATES INC.
REGISTERED LAND SURVEYOR STATE OF FLORIDA
0150 SVG 8th STREET, SUITE 212, MIAMI, FLORIDA 33144
PH. (305) 262 -9773 FAX (305)266-2106
For
Order No. 17/_ 83 7
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City of South Miami
NOTICE OF PUBLIC HEARING
On Tuesday, November 19, 1991, at 7:30 P.M. in the Commission
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
•* C1110;
Applicant: Tony Custer
Request: Special Use Permit for a Small Restaurant, as set forth
in Section 20- 3.4(B)19 SPECIAL USE CONDITIONS of the
adopted Land Development Code of the City of South Miami.
Legal: Lots 20, 21, and 22 of W.A. LARKIN SUBDIVISION, according
to the Plat thereof as recorded in Plat Book 3 at Page
198 of the Public Records of Dade County, Florida.
Location: 5885 S.W. 73 Street, Store 14
South Miami, Florida
(A commercial 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. S. 286. 0103)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6190 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
7
PB -91 -033
Applicant: Tony Custer
Request: Special Use Permit for a Small Restaurant, as set forth
in Section 20- 3.4(B)19 SPECIAL USE CONDITIONS of the
adopted Land Development Code of the City of South Miami.
Legal: Lots 20, 21, and 22 of W.A. LARKING SUBDIVISION,
according to the Plat thereof as recorded in Plat Book
3 at Page 198 of the Public Records of Dade County,
Florida.
Location: 5885 S.W. 73 Street, Store #4
South Miami, Florida
(A commercial property)
Mr. Lefley read the request. Tony Custer signed in stating that
this is a spit roasted chicken /full restaurant concept. Square
footage complies with code. Ms. Lama explained that this request
falls under the new "Special Use" code. The new classification is
a small restaurant which is limited in area to 2000 sq ft. Parking
requirement is 25% of that requirement for regular restaurants so
this allows this type of restaurant where, previously, a variance
would have been needed.
Chairman Ligammare deemed public hearing open. There being no one
to speak either for or against the request, public hearing closed
and executive session declared in session.
Mr. Parr made a motion to approve the request as submitted.
Seconded by Mr. Gutierrez.
Vote: Approved: 7 Opposed: 0
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST
PURSUANT TO SEC. 20 -4.3 (I) (9) OF THE LAND DEVELOPMENT
CODE FOR TWO ADDITIONAL SIGNS (EACH SIGN TO BE 8 INCHES
BY 8 FEET) WHERE NO ADDITIONAL SIGNAGE IS PERMITTED BY
JEFFREY J. WEISS FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6262
SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY
DESCRIBED HEREINBELOW
WHEREAS, Jeffrey J. Weiss requested the Planning Board of
the City of South Miami pursuant to Sec. 20 -4.3 (I) (9) of the
Land Development Code for two additional signs (each sign to be 8
inches by 8 feet) where no additional signage is permitted, said
request for the property known as 6262 Sunset Drive, South Miami,
Florida 33143, which property is legally described as follows:
Lots 11 21 31 4, and 5 of WILLIAM A. HOBBS
SUBDIVISION, according to the plat thereof,
as recorded in Plat Book 4 at Page 111, of
the Public Records of Dade County, Florida,
less and except therefrom that portion of lot
1 which lies north of a line that is 50.00
Feet south of and parallel with the north
line of the N.W. 1/4 of Section 36 Township
54 South Range 40 East and all of that part
of Lot 1 which lies within the external area
formed by a 25.00 foot radius are concave to
the southeast tangent to a line that is 50.00
feet south of and parallel with the north
line of the N.W. 1/4 of said Section 36, and
tangent to the west line of said Lot 1
; and
WHEREAS, the Staff did not recommend approval as this
was a variance from the Code; and
WHEREAS, on October 29, 1991, the Planning Board voted to
approve the request by a 7 - 0 vote;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1, That the request of Jeffrey J. Weiss pursuant to
Sec. 20 -4.3 (I) (9) of the Land Development Code to permit two
additional (each sign to be 8 inches by 8 feet) where no
additional signage is permitted, said request for the property
known as 6262 Sunset Drive, South Miami, Florida 33143, be, and
the same hereby is, approved.
PASSED AND ADOPTED this th day of November, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
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APPLICANT: BANK)
OWNER
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MAP REFERENCE: �OZ(40 2 SuN SET >Ri v e
COMMENTS: VARIAN CE
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Hearing NoPl ;D2?
S TAF F RE PORT
Applicant: Jeffrey J. Weiss
Request: Variance from Section 20- 4.3(I)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal: Lots 1, 2, 3, 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION",
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1.
Location: 6262 Sunset Drive, South Miami, Florida 33143
(A commercial property, specifically Barnett Bank)
Q
Barnett Bank wishes to erect signage to direct customers to
reserved parking for the bank. Barnett's existing signage is
permitted only on the basis of variances granted already.
.I,t:4.l0 , • .
Staff does not recommend approval.
Lro
fl
THE CITY OF !! ��j
sout4 �'f YLiarn i
jaw-
$130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 3]143
RECEIVED-OCT 1 ; 1991
Z 0 N I N G P E T I T I O N
Request: Variance from Section 20- 4.3(I)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal: Lots 1, 2, 3, 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION ",
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1
ah/k /a 6262 Sunset Drive, South Miami, Florida 33143
Petition: We, t e undersigned property owners, are within Soo feet of the above
property. We understand and approve the above request.
NAME DATE I ADDRESS
- - -- -- ----------- - - - - --
--------------------- i ------ I - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - r - - - - -I - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - -I - - - - - - - - - - - - - - - - - -
VSO -37 (continued on page 2) Paae
, THE CITY Of
450ut4 k.,/Miami
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33147
RECEIVED OCT
Z O N I N G P E T I T I O N
Request: Variance from Section 20- 4.3(I)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal:
Petition:
Lots 11 21 3, 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION",
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
,Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1
ah/k /a 6262 Sunset Drive, South Miami, Florida 33143
We, the undersigned property owners, are within Soo feet of the above
property. We understand and approve the above iequest.
NAME DATE
-0 --
��
I
- - - - - - - - - - - - - - - - - - - - - - - - - -
'W50 -37 (continued on.page
.. .. � Ott:'= '• '
{
r-
T HE C IT Y OF
S014tA 4./Wiami
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143
Z O N I N G P E T I T I O N
Request: Variance from Section 20- 4.3(I)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal: Lots 1, 2, 3, 4; and 5 of "WILLIAM A. HOBBS SUBDIVISION",
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1
ah/k /a 626 Sunset Drive, South Miami, Florida 33143
Petition: We, the undersigned property owners, are within 5500 feet of the -above
property. We understand and approve the above request.
NAME DATE ADDRESS
- Am� - -e h�u.�w cis -� - -- /oj 4-/9/ Y9,90X �8' _, oc�tTVw_7'k_77oo
- =- - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - #- - - - - -I - - - - - - - - - - - - - - - - - -
-- - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - I- - - - - -I
► - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - t"- - - - - -
I - - - --- - - - - - - - - - - - - -
'W50 37 (continued on page 2) Page 1
Nol-
E
,�ei{� Y'''� i� ,� �,� - .�r.ir�,,,�,f. .s/�.- °l'+c.,+"sf y "�.. r ._ _ Y' �i.._ ".'i•i r.� ,, t
.....r ,.�. _-., _ . -.w•.. � '.- �6Feda:�tiF�i%�+ - • ^.'- '.).,eu.ZiP� - �.��i ='.. - ..._,ca�.),!1ii;GT�" ?�I
THE CITY OF ����//
•
so " t4 4.1miarni
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143
Z O N I N G P E T I T I O N
Request: Variance from Section 20- 4.3(I)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal: Lots 1, 2, .3 , 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION" ,
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast.tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1
ah/k /a 6262 Sunset Drive, South Miami,, Florida 33143
Petition: We, the undersigned property owners, are within Soo feet of the above
property. We understand and approve the above request.
NAME DATE ADDRESS
- - - - - - - - - - - - - - - - - - - r- - - - - -I
-----------------
- - - - - - - - - --- - - - - - -
- - - - - - - - - - - - --- - - - --- - - - - - {, - - - - - . - - - - •• - 777- � - - -
- - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - . - • ��;�;�.,: �'.. - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - ---
•r � ��� r ', , , yam'. r .... •jj`.;.
7WSO -37 :.,. �a (continued. on page 2� ; '� �, �, a;,� f
y y.•M
. __ , ..a...�'L_ rr':Se.ZY_: -• ._ _ .,.__ - ._ -....n.. - i..r�ii�a ... t'f.:�.. .. t�t•0:�,�
II
T H E C I T Y O F
o u tl� ���YLiarn i
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33147
Z O N I N G P E T I T I O N
Request: Variance from Section 20- 4.3(I)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal:
Petition:
Lots 1, 2, 3 , 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION",
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1
a /k /a 626 Sunset Drive, South Miami, Florida 33143
We, the undersigned property owners, are within Soo feet of the above
property. We understand and approve the above request.
NAME DATE I ADDRESS
-me e --- - - - - -- -/`_'_rc -Qr G3yo_ £T -- ;fie`.- '.E- --
- - - - - - W - - - - - - - - - - - - - -
r�
• - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - _I - - - - - - - - - - - - - - - - -
---------------- [--- __l------ - - - - -_ - - - --
'W50- (continued on page 2) Paae
T HE C IT Y OF
out4 4A iaMi
6130 SUNSET DRIVE, 3OUTH MIAMI, FLORIDA 33111
Z O N I N G P E T I T I O N
Request: Variance from Section 20- 4.3(1)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal: Lots 1, 2, 3, 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION ",
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1
a /k /a 6262 Sunset Drive, South Miami, Florida 33143
Petition: We, the undersigned property owners, are within Soo feet of the above
property. We understand and approve the above request.
NAME DATE ADDRESS
°-- -`� - - - - - - --
- - - - - - - - - - - - - - - - - - - - - r - - - - - I
- - - - - - - - - - - - - - - - - - - - - r - - - - -+
- - - - - - - - - - - - - - - - - - - - - r - - - - -i
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- - - - - - - - - - - - - - - - - - - - - r - - - - -
- - - - - - - - - - - - - - - - - - - - - r - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3 UPI-
__- ------------ C----- :____- _ - - - - -- _ - -:-
IW50 -37 (continued on page 2) Pace 1
D. Public Hearings.
Applicant: Jeffrey J. Weiss
Request: Variance from Section 20- 4.3(I)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal: Lots 1, 2, 3, 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION",
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1.
Location: 6262 Sunset Drive, South Miami, Florida 33143
(A commercial property, specifically Barnett Bank)
Ms. Gonzalez read the request. Kevin Brady, Bishop Sign Company,
signed in to speak for Barnett Bank. This request for additional
signage is intended to inform the public of Barnett Bank parking
inside the garage.
B & Z Director Lama explained that staff does not recommend
approval because: (1) the basis for a variance is a hardship
running with the land, which does not apply int his case, and, (2)
Staff consistently recommends against variances for anything which
does not meet Code allowances.
Chairman deemed the public hearing to be in session calling for
those wishing to speak either for or against this request. There
being none, public hearing closed and executive session called to
order.
There being no further discussion, Mr. Parr made a motion to
approve one additional sign. Seconded by Mr. Gutierrez. Mr. Brady
agrees to one sign.
Vote:
PB Minutes
461
Approved: 7 opposed: 0
2
10 -29 -91
City of South Miami
NOTICE OF PUBLIC HEARING
On Tuesday, November 19, 1991, at 7:30 P.M. in the Commission
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Jeffrey J. Weiss
Request: Variance from Section 20•- 4.3(2)(9) of the Land
Development Code in order to permit two additional signs
(each sign to be 8 inches by 8 feet) where no additional
signage is permitted.
Legal: Lots 1, 2, 3, 4, and 5 of "WILLIAM A. HOBBS SUBDIVISION" ,
according to the plat thereof, as recorded in Plat Book
4, at Page 111, of the Public Records of Dade County,
Florida, less and except therefrom that portion of Lot
1 which lies north of a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of
Section 36 Township 54 South Range 40 East and all of
that part of Lot 1 which lies Within the external area
formed by a 25.00 foot radius arc concave to the
southeast tangent to a line that is 50.00 feet south of
and parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot 1.
Location: 6262 Sunset Drive, South Miami, Florida 33143
(A commercial property, specifically Barnett Bank)
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0103)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6150 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
Av]
Cilg of Souil-i Miami
61—, Sunset Drive. South Miami. riorida 3314..
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
Property Owner: Jeffrey J. Weiss 4 Signature:•
Address: 6262 Sunset Drive,So,Miami3314 u Phone N er:
Represented By : Eani zation : h a 1) C NS
L- urAV � l3 �Z D Y L�� S ` —
Address: fL 0 L- A,' Z D . Phone : 4 „,1-7 _ 0 7 c;L .7 �
I��U��fiz ficriC.J<
Architect: �� g Phone: `
Engineer: Nf I Phone:
Owner ,X- Option to purchase _ Contract to purchase _, Copy attached? ]�
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
Lot(s) 1, 2,3,4 and 5Block Subdivision William A.H. Hobbs pB 4 111
Metes and Bounds: PLEASE SEE EXHIBIT "B” ATTACHED
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:
✓ Letter of intent
_Proof of ownership
Current survey
SUBMITTED MATERIALS
_Hardship statement
►✓Power of attorney
�/ Site plan (7 copies)
✓Reasons for change
Contract to purchase
Lf"Required fee(s)
The undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belies.
Date
V - P - 13 ;.S' he P
Applicant's Signature and title
Upon receipt, applications and all submitted materials will be reviewed for
compliance with City Codes and other applicable regulations. Applications
found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY DATE FILED ACCEPTED REJECTED
DATE PR ,_HEARING COMMISSION PETITION REQUIRED
INE OTHER INFO PETITION ACCEPTED
Barnett Technologies, Inc.
June 28, 1991
City of South Miami
Planning Board
6130 Sunset Drive
South Miami, FL 33143
Re: Barnett Bank
6262 Sunset Drive
To Whom it may Concern:
Barnett Bank located at the above address is requesting a variance
to install two directional signs, each 5.28 square feet, in the
parking garage which is attached to the bank building.
This garage faces 63rd Street. Customers are not aware that
parking for the bank has designated spaces within the garage since
there are no signs indicating such.
Presently, cars are parking at the few meters along 63rd Street
causing a hazardous situation in attempting to return to Sunset
Drive.
The two signs proposed would match size and color of the other
signs located in the garage.
Thank you for your consideration.
Sincerely,
Cal McHen
Regional Pro j Manager
Facilities Planning Division
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City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, September 24, 1991, at 7:30 P.M. in the Commission
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Jeffrey J. Weiss
Request: Variance from Section 20- 4.3(1)(9) of the Land
Development Code in order to permit two additional
signs (each sign to be 8 inches by 6 feet) where no
additional signage is permitted.
Legal: Lots 1, 2, 3, 4, and 5 of "WILLIAM A. HOBBS
SUBDIVISION ", according to the plat thereof, as
recorded in Plat Book 4, at Page 111, of the Public
Records of Dade County, Florida, less and except
therefrom that portion of Lot 1 which lies north of
a line that is 50.00 feet south of and parallel with
the north line of the N.W. 1/4 of Section 36
Township 54 South Range 40 East and all of that part
of Lot 1 which lies within the external area formed
by a 25.00 foot radius arc concave to the southeast
tangent to a line that is 50.00 feet south of and
parallel with the north line of the N.W. 1/4 of said
Section 36, and tangent to the west line of said Lot
1.
Location: 6262 Sunset Drive, South Miami, Florida 33143
(A commercial property, specifically Barnett Bank)
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. Z86. 0103)
PUBLIC HEARING WILL BE HELD IN.THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRE3610NS 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 I3 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.
4%
PLANNING BOARD
"8100 -7 sz REV. 12-9-41 THIS 1S A COURTESY NOTICE
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 15 -90 -9102 passed May 22,
1990, the City Commission authorized the employment of Gregory
Borgognoni of Ruden, Barnett et al in conjunction 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:
3-action I. The City Manager be, and hereby is, authorized
to disburse the sum of $3,179.62 to Gregory Borgognoni of Ruden,
Barnett et a2 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.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
r
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITX OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF A'TORO OROUNDSMASTER 200 SERIES ROTARY MOWER FOR A
TOTAL PRICE NOT TO EXCEED 8 51848.00 BY THE RECREATION
DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT
NUMBER 2000 -6430 "EQUIPMENT - OPERATING"
WHEREAS, Pursuant to the 1991 -92 Budget of the City Of -South
Miami, Florida, the Recreation Department of the City. of South
Miami, Florida was authorized to Purchase a rotary mover for the
athletic fields at South Miami Field and J.E. Murray Park;. and
WHEREAS, the AdMinistration of the City of South Miami has
now obtained a cost of 8 5,848.00 from Hector Turf Inc. pursuant
to the following governmental bid: State of Florida Contract No
353 - 515 -630P; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a Purchase order is hereby awarded to
Hector Turf Inc. in an amount not-to exceed 8 5,848.00 for a
Toro Oroundsoaster 200 series rotary Mower for the athletic
fields at South Miami Field and J.E. Murray Park.
Section 2. That the disbursement be charged to account
number: 2000 -6430 "Equipment - Operating ".
PASSED AND ADOPTED this day of November, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
10
APPROVED:
MAYOR
r
, I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
BID PROCEDURES FOR THE CITY'S POLICE DEPARTMENT
PURCHASE OF COMPUTER HARDWARE /SOFTWARE AS SET FORTH
HEREINBELOW UPON THE BASIS THAT THERE IS ONE SOURCE OF
SUPPLY; AUTHORIZING AN EXPENDITURE NOT TO EXCEED
9 12,979.35 FOR THE HARDWARE AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 08- 1910-6420 "FORFEITURE
FUND - OFFICE EQUIPMENT "; AUTHORIZING AN EXPENDITURE
NOT TO EXCEED S 5,850.50 FOR THE SOFTWARE AND CHARGING
THE DISBURSEMENT TO ACCOUNT NO. 08- 1910 -5210
"FORFEITURE FUND - OPERATING SUPPLIES ".
WHEREAS, Florida Statute 932.704 (3) (a) authorizes intar
alia expenditure of forfeited property proceeds "to provide
additional technical equipment or expertise "; and
WHEREAS, the Police Department of South Miami wishes to
purchase certain computer software /hardware for the imputing,
recall, processing, and interfacing, of drug related crimes; and
WHEREAS, the Chief of Police has previously certified the
requested disbursements comply with the provisions of the
aforesaid Florida Statute; and
WHEREAS, the Police Department has inquired with various
suppliers to determine the availability of the hardware /software;
and
WHEREAS, the results of that inquiry have been that only
Fascorp, Inc. distributes the software and certain of the
hardware (the remaining hardware being purchased under GSA
Contract number GSOOK91AGS5241); 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 purchase of computer hardware/
software as set forth in the attached Exhibit "A"" to be purchased
by the City Police Department upon the basis that this equipment
is only available from a single source of supply, to -wit:
Fascorp, Inc.
Section 2. That the City Administration be, and hereby is,
authorized to expend a sum not to exceed $ 12,979.35 for the
hardware and a sum not to exceed $ 5,850.50 for the software.
Section 3. That the hardware disbursement be charged to
account no. 08 -1910 -5420 "Forfeiture Fund - Office Equipment"
and that the software disbursement be charged to account no. 08-
1910- 5210 "Forfeiture Fund - Operating Supplies ".
PASSED AND ADOPTED this th day of November, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
11 2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE A SIX MONTHS' LEASE FOR A STORAGE
FACILITY FOR THE WAREHOUSING OF VEHICLES HELD BY THE
POLICE DEPARTMENT PURSUANT TO THE FLORIDA CONTRABAND
FORFEITURE ACT; AUTHORIZING AN EXPENDITURE NOT TO
EXCEED $ 3,300.00 AND CHARRING THE DISBURSEMENT TO
ACCOUNT NO. 08 -1910 -4900 "FORFEITURE FUND - SPECIAL
INVESTIGATIONS". .t V ✓ by kao Cr b-al�
WHEREAS, the Police Department has with certain regularity
come into temporary possession of motor vehicles pursuant to the
Florida Forfeiture Contraband Act; and
WHEREAS, court decisions have held those in such temporary
possession responsible for damage to the vehicle in the event of
their return to the titled owner; and
WHEREAS, in the event of a forfeiture, the vehicle's value
to the Police Department likewise depends upon its good
condition; and
WHEREAS, therefore, the Police Department of South Miami
wishes to .lease warehouse space to provide for the safeguarding
of vehicles held by the Police Department pursuant to the
Florida Contraband Forfeiture Act; and
WHEREAS, the Chief of Dalico ham previously certified Lhu
requested disbursements comply with the provisions of Florida
Statute 932.704 (3);
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 Manager to
execute an lease for the storage of motor vehicles held by the
South Miami Police department pursuant to the Florida Contraband
Forfeiture Act for a sum not to exceed S 5,500.00 for a six
months' lease as set forth in the attached Exhibit "A".
Section 2. That the disbursement be charged to account
-_;. _-- -
no. 08- -1910 -4900 "Forfeiture Fund - S ecial Investigations".
PASSED AND ADOPTED this th day of November, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
City of South Miami
INTER—OFFICE MEMORANDUM
To: William F. Hampton DATE: 30 oct. 91
City Manager
FROM: Perry S. Turner SUBJECT: Law Enforcement Trust Funds
Chief of Polic Storage Facility for Vehicles
During Forfeiture Processing
As you are aware, the City of South Miami participates in for-
feiture relative to vehicles seized which were used in the
commission of felony crimes. Over the years we have confiscated
numerous vehicles and either sold them at auction, used them for
our .own purposes, or negotiated releases back to the owners. We
have, currently, numerous cars in process of forfeiture that are
in extremely excellent condition.
As per the Florida Statutes, specifically Chapter 932 of the Florida
Contraband Forfeiture Act, the law enforcement agency is responsible
for the maintenance and the keeping of these vehicles in proper
condition. Unfortunately, the City has no secure facility in which
to store these vehicles and on numerous occasions when they've been
stored at the Motor Pool complex they have been vandalized, broken
into, wheels and tires have been removed and stolen, windshields
broken and dashboards have been damaged.
We have been able to negotiate 1300 sq. ft. of warehouse space
located directly across from the Motor Pool in a secure building
facility. This facility would have the capacity to store up to
seven vehicles.
I am attaching a memorandum from Capt. Feldman who has inspected
this facility and recommends that we enter into a six month agreement
with Mr. Calderon to lease this space. If we were to house vehicles
at a secure facility, such as Dade Wrecker, it would be in excess of
$550 per month per one vehicle. I believe that-Capt. Feldman's
memorandum is self - explanatory. In reviewing the Florida State
Statute 932, I hereby certify that this is a justified expense under.:
the Florida Contraband Forfeiture Act, as we are indeed responsible
for these vehicles until they are either awarded to the City or
awarded back to the previous owner.
I, therefore, request that the City enter into an agreement for a
period of six months with a renewal clause that it can be renewed
for an additional six to twelve months, at the same monthly rent.
The monthly rent is very reasonable and it certainly has the potential
for saving the City more money, in fact, than we actually would be
expending.
I ;
-2-
I request that this be placed on the next regularly scheduled
Commission meeting, the approval of entering with Gibralter
Realty & Management Company into a six month lease, which would
be 6 x $550 per month, which equals $3,300. In addition, six
month electric bills which would run approximately $50 per month;
therefore, 6 x $50 per month equals approximately $300. Total
amount of both electric to Florida Power & Light and warehouse
space rental to Gibralter Realty & Management not to exceed $4000
in toto.
PST /esw
cc: Capt. Feldman
City Attorney Martin Berg
City Clerk Rosemary Wascura
Att.
1 )4*4
v
To= Chief of Police
via Chain of Co:
FROM* Capt . G. Feldman
Sir:
City Of South Mind
INTER — OFFICE MEMORANDUM
DATE: 22 Oct 91 '
- _.. _; -
^► * t • I �JV
Chief':
Qty* h" .,
SUBJECT: Storage facility
I would like to propose that the City of South Miami enter into a
lease with Mr. Jack Calderon, Gibralter Realty & Management,
Inc., 4834 SW 75 Avenue, Miami FL 33155, 264 -1300, for a 1300
square foot warehouse located at the above address. The facility
would be used for the protected storage of forfeiture vehicles
during the pendency of proceedings.
Historically, vehicles pending forfeiture are stored at the Motor
Pool in the open, subjecting them to the elements and to the risk
of theft, vandalism, and complete deterioration. In several
instances people have come through the fence and taken such
things as radios, wheels, and broken windows, windshields, and
dashboards on vehicles being stored. This would not usually be a
problem as the vehicles were older and of lesser value. However,
the Police Department has recently seized several vehicles worth
substantial amounts of money, and they are now an investment
during the course of the proceedings. Additionally, case law has
held that upon conclusion of forfeiture proceedings, if the
seizing agency. does not prevail, the vehicle must be returned to
the owner in as good or better condition than at the time of
seizure. In Sheriff of Alachua County v Hardie (433 So2nd 15
((Fla. 1st DCA 1983)), the court held that the trial court has
the discretion to order restitution where necessary to restore
the parties to their positions occupied prior to the forfeiture
and that they could award restitution for damage to a vehicle
during the pendency of a forfeiture. This is a liability situa-
tion which we may avoid.
The cost of the rental is $550.00 per month. Mr. Calderon has
agreed to a six month lease, as opposed to a year, which is the
customary minimum. The facility would hold seven vehicles. A plus
is that the facility is located across the street from the Motor
Pool, should any minor adjustments need to be accomplished. The
cost for this warehouse would be a justified expenditure from the
Law Enforcement Trust Fund.
/%%yam%
PU 51 n Je S . 5
THIS AGREEMENT, entered into this
between SHOPCEN II INVESTMENTS
party of the first part, and
of the County of
?� t U f, Je
day of
and State of
hereinafter called the lessee or tenant, party of the second part:
,19
, hereinafter called the lessor,
WITNESSETH, That the said lessor does this day lteasaetunto said lessee, and said lessee
does hereby hire and take as tenant under said lessor Abc mcertain xm Space
S.W. 75th Avenue ( "Premises ") located in the building
nc own as - S .W. 75th Avenue (" "Building ")
_situate in Dade County,
the term of
WzuseAazxdt this lease beginning the
19 , and ending the
at and for the agreed total rental of
Florida, to be used and occupied by the lessee as
and for no other purposes or uses whatsoever, for
subject and conditioned on the provisions of
day of ,
day of
,19
Dollars, payable as follows: $ upon execution hereof, which
represents the first full or partial month's rent due hereunder;
$ on , 19 and continuing in
lie amounts on the first day of each consecutive month thereafter,
until the total rent due hereunder has been paid in full.
All Florida sales tax is to be paid by Lessee with each monthly
payment of rent to Lessor.
All are
xndkpaymentsho be made to the lessor on the first day of each and every month in advance without
demand at the office of in the City of
or at such other place and to such other person, as the lessor
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are here-
by assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub -let the premises, or any part thereof nor use the same,
or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipu-
lated, nor make any alterations therein, and all additions thereto, without the written consent of the lessor, and
all additions, fixtures or improvements which ma be made by lessee, except movable office furniture, shall be-
come the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the prem-
ises at the termination of this lease.
SECOND: All personal property placed or moved in the premises above described shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any damage to said personal property, or to the
lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co- tenant or
occupants of the building or of any other person whomsoever.
THIRD: That the tenant •hall promptly execute and comply with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, State and City Government and of any and all their Depart-
ments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or
other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply
with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty
during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the
right to render said premises tenantable by repairs within ninety days therefrom. If said premises are not rendered
tenantable within said time, it shall be optional with either party hereto to cancel this lease, and in the event of
such cancellation the rent shell be paid only to the date of such fire or casualty. The cancellation herein mentioned
shall be evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observ-
ance of the rules and regulations printed upon this lease, and which are hereby made a part of this covenant, and
of such other and further rules or regulationa as may be hereafter made by the lessor, are the conditions upon
which the lease is made and accepted and any failure on the part of the lessee to comply with the terms of said
lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the lessor,
shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder,
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all per-
or shall make an assignment for
benefit of creditors
Lessee shall not be entitled
to any reduction of rent with
respect to Lessor's exercise
of any of the foregoing rights.
eons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and ex-
pressly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulations,
now in existence or which may hereafter be made said lessor, his agent or attorneys, may immediately re -enter
said premises an� dispossess lessee without legal nonce or the institution of any legal proceedings whatsoever.
SIXTH: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or
shall suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease or he may enter
said premises as the agent of the lessee, by force or otherwise, without being liable in any way therefor, and relet
the premises with or without any furniture that may be therein, as the agent of the lessee, at such price and upon
such terms and for such duration of time as the lessor may determine, and receive the rent therefor, applying the
same to the payment of the rent due by these ppresents, and if the full rental herein provided shall not be realized
by lessor over and above the expenses to lessor in such re- letting, the said lessee shall pay any deficiency, and if
more than the full rental is realized lessor will pay over to said lessee the excess of demand.
thqreast of eeileetie.v plot 1440 M1 186m 6%6419%VeN4 698-id
waste & garbage collecti
EIGHTH: The lessee agrees that he will pay all charges for rent. /gas, electricity or other illumination,
and for all water used on said premises, and should said charges for rent, light or water herein provided for at
any time remain due and unpaid for the space of five days after the same shall have become due, the lessor may
-at -its option consider the said lessee tenant at sufferance and immediately re -enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed by distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and
chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the
rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise
at the election of the said lessor, _
t��r?�Pmip moil vies
• ► , femme" of ON
ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reason-
able hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon
the doors or windows thereof a notice 'TOR RENT" at any time within thirty (80) days before the expiration
of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, altera-
tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building. E---
TWELFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of
said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to
make good to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fix-
ture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of lessee, or of
any person or persons in the employ or under the control of the lessee.
THIRTEENTH: It is expressly agreed and understood by and between the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or
other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct
on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of
the water, sewer or soil pipes, or other Ieakage in or about the said building.
FOURTEENTH: If the lessee shall become inaolventnor if bankruptcy proceedings aball be begun by or
against the lessee, before the end of Bald term the lessor is hereby irrevocably authorized at its option, to forth-
with cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other Judi.
cial officer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con-
tained in this contract, but no receiver, trustee or other judicial officer shall aver have any right, title or interest in
or to the above described property by virtue of this contract.
FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and ex-
emption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of
Florida, or of any other State, or of the United States, as against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of this agreement.
SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, ad-
ministrators, legal representatives, executors -or successors as the case may be, of the lessee.
SEVENTEENTH: It is understood and agreed between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions contained herein.
EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv-
ered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or
delivered to the office of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of
this contract.
NINETEENTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of
the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights.
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing
under this contract shall be considered as rent due and shall be Included in any lien for rent due and unpaid.
TWENTY - FIRST: It Is hereby understood and agreed that any signs or advertising to be used, including
awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
(SEE ALSO FIRST AND ANY OTHER ADDENDA TO THIS LEASE, ATTACHED
HERETO AND MADE A PART HEREOF).
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:SHOPCEN II INVESTMENTS
As to Lessor
BY:
eron, Pres.,
& MANAMM, INC., Exclusive Leasing J
Lessor
(Seal
(Seal
As to Lessee
STATE OF FLORIDA,
County of
Lessee
Before me, a Notary Public in and for said State and County, personally came
to me
well known and known to be the person named in the foregoing lease, and
acknowledged that executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day of F 19
My commission expires
Notary Public, State of Florida at Large.
77rxr Imtnrmm preFamd by:
Addrar
FIRST ADDENDUM TO LEASE
BETWEEN SHOPCEN II INVESTMENTS AND
DATED , 19
1. Lessor does herewith acknowledge receipt of the sum of
Dollars ($ ) from Lessee as
a security deposit for the full and faithful performance by
Lessee of all the terms and conditions hereunder, and any exten-
sions hereof, including without limitation the payment of all
rent hereunder'. Upon expiration of this Lease, if Lessee shall
have complied with all the terms and conditions of this Lease and
any extensions hereof, and if Lessee delivers possession of the
Premises to Lessor in broom -clean condition, said security de-
_ posit shall then be returned to Lessee, without interest. Lessor
shall not be required to hold said security deposit in a segre-
gated account.
2. From and after the date of this Lease and throughout
the term of this Lease, and any extensions hereof, Lessee shall
protect, indemnify and save harmless Lessor, from and against any
and all loss, damage or liability arising wholly or partly out of
any act or neglect of Lessee, its agents, servants, invitees or
employees, in on or about the Premises, and Lessee will further,
at its own sole cost, protect Lessor with public liability insur-
ance and property damage insurance, through such responsible
insurance company or companies authorized to do business in the
State of Florida and in such form, all' as may be reasonably
satisfactory to Lessor, in amounts not less than One Hundred
Thousand Dollars ($100,000) in case of damage or injury to one
person, nor less than Three Hundred Thousand Dollars ($300,000)
in case of damage or injury to more than one person. The prop-
erty damage insurance coverage required hereunder shall not be
less than Twenty Thousand Dollars ($20,000) in case of damage to
property arising out of one accident. Lessee will, within ten
(10) days of the commencement date of this Lease, deposit with
Lessor a certificate showing all such insurance to be then in
force, naming Lessor as insured.
3. The Lessee shall be solely responsible for the cost of
any increase in the premium of the hazard and /or fire insurance
covering the Premises and /or the Building, caused by Lessees'
operation and /or use of the Premises.
4. Lessee shall neither park nor place any vehicle in any
area other than the space(s) marked and allocated for the Prem-
ises.
5. Lessee shall pay, as additional rent, a
percent ( %) share of all real and personal property taxes
assessed against the Building during the term of this Lease in
excess of the amount of such taxes for the year 19 .
6. Lessee shall pay, as further additional rent, a late
charge equal to ten percent (10 %) of the rent due for a given
month, should said rental be more than five (5) days late or if a
rental check is returned by Lessee's bank for insufficient funds.
7. Lessee shall not commit, or allow to be committed, any
waste on the Premises or the Building, create or allow any nui-
sance to exist on the Premises or the Building, or use or allow
the Premises or the Building to be used for any unlawful purpose.
It is further understood and agreed that nothing is to be stored
by Lessee on the outside of the Premises or elsewhere in the
Building.
8. Any amount due from Lessee to Lessor for services or
for work done on the Premises pursuant to this Lease shall be
considered as rent due and shall be included in any lien for rent
due and unpaid.
9. Lessee will not construct or place, or permit to be
constructed or placed, signs, awnings, or other structures pro-
jecting from the exterior of the Premises without Lessor's prior
written consent thereto. Lessee further agrees to remove signs,
displays, advertisements or decorations it has placed, or per-
mitted to be placed, on the Premises which, in Lessor's opinion,
are offensive or otherwise objectionable. If Lessee fails to
remove such signs, displays, advertisements, or decorations
within five (5) days after receiving notice from Lessor to remove
the same, Lessor reserves the right to enter the Premises and
remove them, at Lessee's expense.
10. If Lessee breaches this Lease, Lessor shall have the
following remedies, in addition to its other rights and remedies
under this Lease:
(a) Lessor may reenter the Premises immediately, and
remove all of Lessee's personnel and property therefrom. Lessor
may store all such property in a public warehouse or at another
place of its choosing, at Lessee's expense or to Lessee's ac-
count. Further, Lessee hereby pledges and assigns to Lessor all
the furniture, fixtures, goods and chattels of Lessee, which
shall or may be brought or put on said Premises as security for
the payment of the rent herein reserved, .and Lessee agrees that
the said lien may be enforced by distress, foreclosure or other-
wise at the election of Lessor, and does hereby agree to pay
reasonable attorneys' fees at all levels, together with all costs
and charges therefore incurred or paid by Lessor.
(b) After reentry, Lessor may terminate the Lease on
giving three (3) days written notice of such termination to
Lessee.
(c) Lessor may recover from Lessee, on terminating the
Lease for Lessee's breach all damages proximately resulting from
Lessee's breach, including without limitation, the cost of re-
covering the Premises, and the worth of the balance of the Lease
over the reasonable rental value of the Premises for the re-
mainder of the Lease term, which sum shall be immediately due
Lessor from Lessee.
11. After reentry, Lessor may procure the appointment of a
receiver to take possession of and collect rents and profits from
Lessee's business. If necessary, in order to collect such rents
and profits, the receiver may carry on..Lessee's business and take
possession of Lessee's personal property used in Lessee's busi-
ness, including without limitation, inventory, trade fixtures,
and furnishings, and use them in the business without compensat-
ing Lessee therefor. Proceedings for appointment of a receiver
by Lessor, or the appointment of a receiver and the conducting by
it of Lessee's business, shall not terminate this Lease unless
Lessor has given or attempted in good faith to give Lessee writ-
ten notice of such termination as provided herein.
12. Should Lessor file an action to enforce any covenant of
this Lease, or for breach of any covenant herein, Lessee agrees
to pay Lessor reasonable attorney's fees at trial, appellate and
all other levels for the services of Lessor's attorneys in the
action.
13. Time is the essence with respect to Lessee's perfor-
mance of its obligations under this Lease.
14. In the event of eminent domain proceedings, resulting
in the condemnation of a material part of the Premises and leav-
ing the rest untenantable by Lessee for purposes of the business
. -2-
for which the Premises are leased, this Lease will automatically
terminate, unless Lessor elects to lease substantially similar
space in the Building to Lessee upon the same terms, increasing
or decreasing the rent due, as the case may be, in proportion to
any increase or decrease in square footage leased. All compensa-
tion awarded in the eminent domain proceedings as a result of
such condemnation shall be Lessor's. Lessee hereby assigns and
transfers to Lessor any claim it may have to compensation for
damages as a result of such condemnation.
15. Lessee agrees that this Lease shall be subordinate and
inferior to all present mortgages and all future mortgages and /or
refinancing with respect to the Building, and Lessee hereby
subordinates this Lease to present and future mortgages and /or
refinancing without any further act.
IN WITNESS WHEREOF, the parties hereto have hereunto exe-
cuted this instrument for the purpose herein expressed, the day
and year first above written.
WITNESSES AS TO LESSOR: LESSOR:
SHOPCEN II INVESTMENTS
BY:
Jack Calderon, President, GIBRALTAR REALTY
& mANAGEMEW, INC., Exclusive Leasing Agent
WITNESSES AS TO LESSEE: LESSEE:
STATE OF FLORIDA )
COUNTY OF DADE }
Before me, a Notary Public in and for the State and County,
personally came and
, to me -well known and known to be
the persons named in the foregoing Lease, they acknowledged that
they executed the same for the purpose therein expresseed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
by official seal the day of , 1985.
My Commission Expires:
(X 019 -3o
-3-
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
SECOND ADDENDUM TO LEASE
BETWEEN SHOPCEN II INVESTMENTS AND
DATED , 19
Provided that Lessee shall not be in default under this
Lease, Lessee shall have the option to extend the term of this
Lease for an additional period of ( ) years and
( ) months, commencing at the termination of the
initial term oT this Lease. Lessee must give any notice of
Lessee's intention to exercise said option to extend the term of
this Lease, in writing, by registered mail with return receipt
requested no less than ninety (90) days prior to the expiration
of the initial term of this Lease. The terms and conditions of
_this Lease upon such renewal shall be identical to the terms and
conditions stated herein, except that the monthly rent sahll be
Dollars ($ ).
LESSOR:
SHOPCEN II INVESTMENTS
By:
Jack Calderon, Pres., GIBRALTAR REALTY
& MANAGEMENT, INC., Exclusive Leasing Agent
LESSEE:
5019 -0/4
FOURTH ADDENDUM TO LEASE
BETWEEN SHOPCEN II. INVESTMENTS AND
DATED , 19
JACK CALDERON, President of GIBRALTAR REALTY & MANAGEMENT,
INC. is by this document giving notice to the tenant that he is the
•t agent and representative of SHOPCEN II INVESTMENTS.
Radon is a naturally occuring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your county public health unit.
pursuant to §505.056(8), Florida Statutes.
Lessor:
SHOPCEN II INVESTMENTS
By;
Jack Calderon, President, Gibraltar
Realty & Management, Inc., Exclusive
Leasing Agent for Shopcen II". Investme
By:
.s
Lessee:
THIRD ADDENDUM TO BUSINESS LEASE
BETWEEN SHOPCEN II INVESTMENTS AND
DATED: , 19
The Lessee agrees to pay a flat $10.00 per month charge for
water and sewer consumption.
I�
Lessor:
SHOPCEN IIf INVESTMENTS
Jack Calderon, Pres., Gibraltar
Realty & Management, Inc.; Exclusive
Leasing Agent
Lessee:
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.
13
Section 2. That Section 20- 3.3(0), Permitted Use Schedule, of
the Iand Development Code of the City of South Miami, Florida, be and
the sama is here. amenaed:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
1
I . 3
MAYO R
C
P
ZONING DISTRICTS 0
A
N
R
RM
R
L
M
N
S
G
I
D
K
18
0
0
I
0
R
R
R
S
G
Mobile Food Vendors
P
I
P
*See Section 15 -63,
(c)-, Miscellaneous Provisions
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
I . 3
MAYO R
V
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.6
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI BY ADDING A NEW SUB- SECTION (P) TO PROVIDE
CONDITIONS UPON WHICH NON - BUSINESS HOME OCCUPATIONS
ARE PERMITTED; AMENDING SECTION 20 -2.3 TO PROVIDE A
REVISED DEFINITION OF "NOME OCCUPATION "; DELETING THE
EXISTING SECTION 20 --5.10 "HOME OCCUPATIONAL LICENSES ";
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 Mayor and City Commission wish to amend Section
20 -3.6 of the Land Development Code of the City of South Miami by
adding a new sub - section (P) to provide conditions upon which
non - business Home Occupations are permitted; to amend section
20 -2.3 to provide a revised definition of "Home Occupation ";
and to delete the existing section 20-5.10 "Home Occupational
Licenses ";
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -3.6 of the Land Development Code of
the City of South Miami be, and hereby its, amended to add the
following sub - section (P):
(P) Non - Business Home Occupations Permitted; Other
Home Occupations Prohibited
(1) Non - Business Home occupations shall be permitted
provided they conform to the following:
(a) Occupational activities at the
residential unit shall be clearly incidental
to the residential activities.
(b) Employees working at the residential
unit shall all reside at the residential
unit.
(c) On -site occupationa "a ties shall
all be co ductad within the principal
residential bui ing on the site and not in
accessory buildings.
(d) No goods or services shall be sold
directly on the site.
(e) No inventory of goods shall be kept on
the site.
(f) No goods shall be displayed for sale or
as samples on the site.
(g) No customers shall be serviced on the
site in any way nor shall the occupation be
conducted in any way which would necessitate
customers visiting the site.
(h) No occupational equipment which is used
off the site shall be stored on the site,
except that this restriction shall not be
interpreted to prohibit hand -held
communications equipment and desk -top data
processing equipment such as cellular
telephones and portable computers.
(i) No signs relating to the home occupation
or any business shall be located on the site.
(j) There shall be no increase in traffic at the
site as a result of the occupation.
(k) There shall be no increased demand on
city services at the site as a result of the
occupation.
(1) There shall be no reduction of the
quality of residential life in the
neighborhood in which the residential use is
located. This standard shall be met if there
is no perceptible evidence that the home
occupation is being conducted at the site.
Observance of Home Occupational activities by
'� neighbors or city officials shall be evidence
that this standard is not met.
(2) "Other Home Occupations" shall include all those
which do not conform to all of the above standards.
Such "Other Home Occupations" shall be prohibited.
(3) No occupational Permit or License shall be
required to conduct a Permitted Non - Business Home
Occupation. No Occupational Permit or License may be
legally issued to conduct any "Other Home Occupation."
Section 2. Section 20 -2.3 of the Land Development Code of
the City of South Miami be, and hereby is, amended to read as
follows:
HOME OCCUPATION: A Home Occupation is an occupation
conducted as an accessory use to a residential use in a
residential unit. For the regulatory purposes of this
code, Home Occupations shall include "Non - Business Home
Occupations" and "Other Home Occupations," the former
of which are permitted and the latter of which are not
in accordance with the provisions of Section 20 -3.6
(P).
Section 3. Section 20 -5.10 of the Land Development Code of
the City of South Miami 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 pa4sage,
is 3
PASSED AND ADOPTED this _,.th day of
1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEX
/S
4
APPROVED:
MAYOR
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.5 E
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI
TO PROVIDE AN EXCEPTION FOR INTERIOR SIDE SETBACKS IN
RS -4 DISTRICTS; PROVIDING3 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 Mayor and City Commission wish to amend Section
20 -3.5 E of the Land Development Code to provide an exception
for Side (Interior) setbacks in RS -4 districts;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -3.5 E in the Land Development Code of
the City of South Miami be, and hereby is, amended to add the
following to the "Side (Interior)" setback in RS -4 districts:
Siflm (Tnt'e.r.ior)a 12.5 10 7.5 7.5 I,
b except that additions to existing structures may have 5 feet
interior side setbacks where any Aortion of the building already
has a 5 feet setback.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This Ordinance shall take effect immediately
at the time of its passage.
/4
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/4
2
APPROVED:
MAYOR
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
November 19, 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. Xprproval of Minutes of 11/5/91 (con't. 11/12/91) minutes
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - THIRD READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida; amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions for
catering services; restaurant, accessory; restaurant, convenience;,
restaurant, general; and restaurant, walk -up; deleting eating place
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.
(Mayor) 4/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
5. An Ordinance of the City of South Miami, ,Florida, amending Section
20 -4.4 of the Land Development Code of the City of South Miami,
Florida, and creating a new Section 20 -3.4 (B) (21); both to
provide for temporary off -site parking; providing for severability;
ordinances in conflict; and an effective date.(Mayor /PB) 4/5
6. An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of Psychic in Section 20 =2.3; permiting Psychic under
Section 20 -3.3 (E) of the permitted use schedule in NR, SR, and GR
Districts; providing for inclusion in the City's occupational
license fee schedule at $100.00; providing for severabily; ordinances
in conflict; and an effective date. (Comm. Launcelott /PB) 4/5
RESOLUTIONS FOR PUBLIC HEARING:
7. A Resolution of the Mayor and City Commission of the City of South;
Miami, Florida, approving a request pursuant to Section 20 -3.4 (B)
19 "Special Use Conditions" of the Land Development C6de for a small
restaurant by Tony Custer from the Planning Board of the City of South
Miami, Florida, for the property known as 5885 SW 73 Street, Store #4,
(A Commercial Property) South Miami, Florida 33143 and legally
described hereinbelow. (Spec.Use) (PB /Adm.) 4/5
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida approving a request pursuant to Section 20 -4.3 (I) (9)
of the Land Development Code for two additional signs (each sign to
be 8 inches by 8 feet) where no additional signage is permitted by
Jeffrey J. Weiss from the Planning Board of the City of South Miami,
Florida for the property known as 6262 Sunset Drive, South Miami,
Florida 33143 and legally described hereinbelow.
(PBlAdm.) 4/5
OFFICIAL AGENDA
November 19, 1991
page 2
RESOLUTIONS:
9. A Resolution of the Mayor and City Commission of th 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 Comprenhensive
Plan; charging the disbursement to account number 2100 -9950:
"Reserve for Encumbrances." (Administration) 3/5
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of a Toro
Groundsmaster 200 Series Rotary Mower for a total price not to
__- exceed $5,848.00 by the Recreation Department and providing for
disbursement from account number 2000 -6430 "Equipment - Operating.
(Administration) 3/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing a waiver of bid procedures
for the City's Police Department purchase of Computer Hardware/
Software as set forth hereinbelow upon the basis that there is
one source of supply; authorizing an expenditure not to exceed
$12,979.35 for the Hardware and charging the disbursement to
account No. 08- 1910 -6420 "Forfeiture Fund - Office Equipment;"
authorizing an expenditure not to exceed $5,850.50 for the
software and charging the disbursement to account No. 08 -1910-
5210 "Forfeiture Fund - Operating Supplies."
(Administration) 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 six months' lease for a storage facility for the warehousing
of vehicles held by the Police Department pursuant to the
Florida Contraband Forfeiture Act; authorizing an expenditure
not to exceed $3,300.00 and charging the disbursement to
account number 08 -1910 -4900 "Forfeiture Fund - Special
Investigations." (Administration) 3/5
ORDINANCES - FIRST READING:
13. An Ordinance 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.
(Commiss-f6ner Launcelott) 4/5
14. An Ordinance amending the Tree Committee ordinance by
providing further definitions; increasing minimum height of
replacement trees to eight feet; providinp for a fine of
One Thousand Dollars; providing for s-eve0ability; providing
for ordinances- in conflict and providing an effective date.
(Mayor for Tree Committee) 4/5
15. An Ordinance amending Section 20 -3.6 of the Land Development
Code of the City by adding a new subsection (P) to provide
conditions upon which non - bu.siness home occupations are
permitted; amending Section 20 -2.3 to provide a revised
definition of "Home Occupation "; deleting the existing
Section 20 -5.10 "Home Occupational Licenses "; providing for
severability; providing for ordinances in conflict and
providing an effective date. (Mayor McCann) 4/5
16. An Ordinance amending Section 20 -3.5 E of the Land Develop-
ment-Code of the City t.o provide an exception for interior
side setbacks in'RS -4 Districts; providing for severability;
providing for ordinances in conflict and providing an
effective date. (Mayor McCann) 4/5
REMARKS
none
You are hereby advised that if any person desires to appeal any decision
- with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceedings is
Aiade, which record includes the testimony and evidence upon which the
appeal is,,based. A