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10-03-89 SPECIAL0 M OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive Special City Commission Meeting October 3rd, 1989 7:30 P.M. A. Invocation Next Resolution: 108 -89 -8087 Next Ordinance: 19 -89 -1441 Next Commission Meeting: 10/10/89 Spec. 10/17/89 Reg. B. Pledge of Allegiance t9 the Flag of the United States of America C. Presentation s D. Items for Commission Consideration: 1) Approval of Minutes: a) September 5th, 1989 - Regular City Commission Meeting b) September 13th, 1989- Special City Commission Meeting c) September 18th, 1989- Special City Commission Meeting d) September 19th, 1989- Regular City Commission Meeting 2) City Manager's Report 3) City Attorney's Report. ORDINANCES 2ND READING AND PUBLIC HEARING: None RESOiUTIONS FOR PUBLIC HEARING: 4. -A Resolution granting variances to allow zero additional parking spaces where five ,(5),are required due to a building expansion and to allow side setbacks of 7.39 feet and 8.5 feet where 15 feet is required,, on the property legally described as Lot 21, less the N.20' and Lot 22, less the N'.25' thereof, of the revised plat of Poinciana Park, as recorded at Plat Book 41, Page 41, of the Public Records of Dade County, .Florida, A /K /A 7340 S.W. 61st Court, South Miami, Florida. (Planning Board /Administration) 5. A Resolution granting variances to allow 13 parking spaces where 17-are required; to allow the sale of alcoholic beverages,_within 1,000 feet of other licensed establishments; to allow the sale of,alcoholic.beverages within 1,000 feet of residential property; and to allow a special use permit for a eating establishment in 'a 'C2' Zoning District', on property legally described as Lots 46 and 47, less the West 60 'Feet thereof, of W.A. Larkin's Subdivision, according to Plat Book 3, Page 198 of the Public Records of Dade County Florida, also known as 5800 S.W. 73rd St, South Miami, Florida. (Planning Board /Administration) RESOLUTIONS: 6. A Resolution reappointing Diane G. Rubin - Wright as a member of the Environmental Review and Preservation Board to serve in such. capacity until October 1st, 1991, or until a successor is appointed and qualified. (Mayor Porter) 7. A Resolution expressing support for the 1989 South Miami Art Festival to be held November 4th and 5th, 1989. (MayortPorter) 8. A Resolution. ranking the firms responding to the request for proposals for the City of South Miami government facilities improvements. (Administration) 4/5 4/5 3/5 3/5 3/5 I Special City Commission Meeting October 3, 1989 Page 2 ORDINANCES - FIRST READING: none REMARKS: Ms. Ana Socarras, 6374 S.W. 42nd Street, to address the Commission to clarify permit requirements and costs for the construction of an addition to her property. DISCUSSION: Continuation of discussion with regard to Code violations involving person /s having more than the permitted number of dogs in a single family residential neighborhood(September 19, 1989 City Commission agenda) (Vice -Mayor Schwait) 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 proceed;ngs is made, which record includes the testimony and evidence upon which the appeal is based. VHEREAS, the applicant has requested a variance to allow 13 parking spaces where 17 are required and the staff recommendation is for denial; and VHEREAS, the applicant has requested a variance to allow the sale of alcoholic` beverage�h1n -1,fl00 feet of other- licensed establishments, and the staff recommendation if for denial; and _VHEREAS, the applicant has requested a variance to allow the sale of alcoholic beverages within 1,000 feet of residential property, and the staff recommendation is for denial; and VHEREAS, the applicant has requested a variance to allow a special use permit for an eating establishment in a 'C2' zoning district, and the staff recommendation is for approval; and VHEREAS, at a public + Seariug on August 29, 1989, the Planning Board voted 6 -0 to grant the 13 parking spaces, 4 -2 to allow alcoholic beverages within 1,000 feet of other licensed establishments' and residential property, and 6 -0 to allow the Special Use permit for the eating establishment. NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH KIAXI, FLORIDA: Section 1. That a variance to allow 13 parking spaces where 17 are required on property legally LOTS 46 and 47, less the Vest 60 V. A. Larkin's Subdivision, acci Book 3, Page 198 of the public County' Florida, also known as Street, South Miami Florida. is hereby granted. described as: feet thereof, of Drding to the Plat records of Dade 5800 S. Y. 73rd RESOLUTION 80. A RESOLUTIOB OF THE MAYOR AND.CITT OMISSION OF THE CITY OF SOUTH XIANI, FLORIDA. GRANTING VARIANCES TO ALLOY 13 PARKING SPACES WHERE 17 ARE REWIRED; TO ALLOY TRR SALE OF ALCOHOLIC BSYERAGBS WITHIN 16000 F88? OF O'f R8R L I CEISED ESTABL I SSItEXTS; TO ALLOW THE SALE OF ALCOHOLIC BET RAGES WITHIN 1,000 FEET OF RESIDENTIAL PROPERTY; AND TO ALLOW A SPECIAL USE PRRXIT FOR AN RATING ESTABLISHMENT IN a •C2" ZON'ING DISTRICT, ON PROPERTY LEGALLY DBSCRIMM AS LOTS 36 AND 470 1 THE WEST 60 FEET TMUMM, OF Y.A. LARKIN' S IN IOISIOW ACC MING TO PLAT 3= 3, PAGE 198 OF THE PUBLIC 730ORDS OF DADS COUNTY FLORIDA, ALSO 139M AS 5800 S. V. 73RD STREET, SOU T8 XIAXI, FLORIDA. VHEREAS, the applicant has requested a variance to allow 13 parking spaces where 17 are required and the staff recommendation is for denial; and VHEREAS, the applicant has requested a variance to allow the sale of alcoholic` beverage�h1n -1,fl00 feet of other- licensed establishments, and the staff recommendation if for denial; and _VHEREAS, the applicant has requested a variance to allow the sale of alcoholic beverages within 1,000 feet of residential property, and the staff recommendation is for denial; and VHEREAS, the applicant has requested a variance to allow a special use permit for an eating establishment in a 'C2' zoning district, and the staff recommendation is for approval; and VHEREAS, at a public + Seariug on August 29, 1989, the Planning Board voted 6 -0 to grant the 13 parking spaces, 4 -2 to allow alcoholic beverages within 1,000 feet of other licensed establishments' and residential property, and 6 -0 to allow the Special Use permit for the eating establishment. NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH KIAXI, FLORIDA: Section 1. That a variance to allow 13 parking spaces where 17 are required on property legally LOTS 46 and 47, less the Vest 60 V. A. Larkin's Subdivision, acci Book 3, Page 198 of the public County' Florida, also known as Street, South Miami Florida. is hereby granted. described as: feet thereof, of Drding to the Plat records of Dade 5800 S. Y. 73rd Section 2. Tht the applicant shall make all reasonable efforts to enter into joint use parking agreements for employee parking. Section 3. That a variance to allow the sale of alcoholic beverages within 1,000 feet of other licensed establishments on property described in Section 1, is hereby granted. Section 4. That a variance to allow the sale of alcoholic beverages within 1,000 feet of residential property described in Section 1, is hereby granted. Secti -on 5. To allow a Special Use Permit for an eating establishment in a;'C2' zoning district on property described in Section 1, is hereby granted. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ" AND APPROVED AS TO FORM: CITY ATTORNEY t o {{ 7 '• j� ell _ jq w � V 1 , � • t 3 ' � n Is ., T/ 7. rS ,A /9 $Z 00177 rJ /Vf -- - , IS 141 1. • . � j '1YE Corse, r ; 5W f4l - ' j 74 t'' ST 4 � � Te 1 _ fa 1 �,' !r q a' Y; a p _ # , t i • s �ti , .t t t�S , C •t �� is • � t• a :. r� 't�N + _ . 5�� I _ 1 , APPLICANT: 0r>caEr— OWNER: p e,. z=0 S• vv ' compass MAP REFERENCE vp hQowfl COtiVENL TS: APFL,l CAT 101-•1 / V0� "- `T��� \� Date. . ... .$q Drn .� AM.Chk .... . F CITY o ..SOU. t JAM I �r PUMMIRG 50 KD u � hearing No�� , •. ,,:� THE C11Y OF O td t4 4r /1 t Q`1'i't t St" GUNS[T CRIV9, •OUT" MIAMI, 1►LORIDA M411 RU6LIC a[RVIC[ O[ rARTM[NT Z O N I N G P E T I T I O N Property Description, Location and Legal: Request: The Owners of the above property have made the following request: Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. NAME DATE ADDRESS -- - -- - - - - - - _ 17 3_ s,wxiAk'A -33 3 Qit _ - _ - - _ - - - - - - - - tx 100C_ S - - - - - - - - - - - - - - - - - - - - - - - - - 3�- Ad-��t- '�—gf -_ _ - -�=�g� -- - - - -- - - - - -- iw ri t T :c- - S- - - - - - - - - � -` � -a - -� - - - -- - -1 - - - - - - ------------------ tv ----- V-* - �• _ _��', a —�— — — — — — — � v _ _Yy- �� /rte {.L s —� � u ����/ � p./ l � I� >0 -37 (continued on page 2) Page I i Z O N I N G P 8 2 I T I O N (continued) Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. NAW ADDRESS s _. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - 'W50-37 �. Pagei - - - - -- i get ;Vail ! D /sC In tne4s• � , / � v d 2.50 ' P /ot 9�fNoil rDiac �9" atf�I/oj /�osc ,#,2094 83. t6 MAO f0' �. 37.7' t STY. C. B. S. t. o -� It. RES. # 5800 FIN. FL . EL. f //• 2I ' t.o? 717 r �tilily 2 4.95' 1� 8.7 s' :cone 4 2O• 82.50 ' �°/vt 93. /9 "Welgs. • �' t , =q, it AAA ai! f- = Disc. ! ?094 i _3 d 36 53 3 N H6j 1 ' _ • C such C. i . ; 3 -/B 86� _n1 oj . fi A s ATI-r-&,Y /'d- A-' r t' AWN u T, 41 — S a • f -i3s � � st � :.�i t � • � r � T t t 1$ 41 �� N t s i �• • .4 r ` so a- Or ./L 1 .r •a• RO fiQ1l� •a - " PORT. OF SEC 36_ TWP_54 S_ RGE. 40E 0Q A T I ON MAP SCALE I "=300 SKE ?CH OF SURVEY ,a OF LOTS 4� and 47 LESS WEST60 FEE.T- W. A. LARK_1_N'. SU.BDIVISt SOUTH MIAMI OAOE COUNTY, ME- FLA. t 0 FLAT BOOK 3, PAGE 198 OF P41BLIC RE R05 OF oADE COUNTY, FLOR /DA. NOTES: I- LAS 475 SHOWN HEREON WERE" NO A 65rl'MCrED FOR EASEMENTS AND /OR R/GHr5 OF WAY oF_ RECORDS 2- ELEM r/ONS• 5HOWN rHa5L Y t //• 2/ ARE REZATI VE IV TJ`!E NA TioAm L. GEO DErIC ` VER rlCA L OA rVAl' OF /9 29. 3.- CENTA /NJ/WG lO, 067 50. Fr. OR O. 231 ACRES' MOREOR LES, 'CER TI F I C A T I OW To cioc s� -tp•�t WE' HEREB Y C I4r/FY THAr MCF A MACHED_,5ICETCH O /= 5'URVEY OF 7rH ABOVE OE5CR 1BED AARCE`L�OFLi4N0 /S TRUE' AJVO COR REC r r0 rHe, S ESr GF OUR KNOW - CEpGE ANO .BELIEF AS SUR VEYE!% OM MARCH j8, /986 UNVER 041.4 O/RE -C rlON AND COMPLIES WirR ME N111V11✓lui+,i rEC11A11CA c 57-AI ,104R05 3Er FORTH 6 Y 7-HE- 5 TATS OF FLORICA BOARD OF GANO 5lJRVEYORS FOR Ti6I, LEA V Y, 5k/LES, 1,VC. VAIV46 L C. FCR T/! .7 FOR TNT- FJRM w RE S - LAND St/.-? VE"YOR Ala-0853 •. 5 rA rE CF F-L0RioA . VA 1 1-, 1 1A1L l_c=_S5 U�JL E55 v� No { -�-••• _. !.lam _. -' •} �� ��, I _ 3 -"h } _ F S d -£ J M 9 1' AMMMM City of South Miami :No- PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, August 29, 1989, at 7:30 P.M. in the City Commission Chambers, The - Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. gB- s9 -ols Applicant: Rodger Shay Request 11: Variance from Chapter 20, Art. VII, Section 7 -1 -1 of the Zoning Code of the City of South Miami to allow 13 parking spaces where 17 are required. Request 12: Variance from Chapter 4, Art. I, Section 4 -2 (a)(2) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of other licensed establishments. Request 13: Variance from Chapter 4, Art. I, Section 4 -2 (a) (3) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of residential property. Request 14: Special Use Permit for an Eating Establishment in a `C2' zoning district, as specified in Chapter 20, .Art. V, Section 5- 13- 3(.03) of the Zoning Code of the City of South Miami. Location: 5800 S.W. 73rd Street Legal: Lots 46 and 47, less the West 60 feet, W A LARKINS, as recorded in PB 3 -198 of Dade County, Florida.' YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AMC) EVIDENCE UPON WHICH THE APPEAL 1S TO BE BASED, (F. S. Zee, as 05) PUBLIC HEARING WILL SE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALLV 6130 SUNSET DRIVE, SOUTH MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL SE 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 13Y WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY, PSBIOO -7 ez REV. 12 -9-81 THIS IS A COURTESY NOTICE _ MEMORANDUM To: Sonia Lama, AIA Date: August 25, 1989 Building & Zoning Director From: William A. Mackey Subject: PB -89 -018 Planner Applicant: Rodger Shay Request 11: Variance from Chapter 20, Art. VII, Section 7 -1 -1 of the Zoning Code of the City of South Miami to allow 13 parking spaces where 17 are required. Request 12: Variance from Chapter 4, Art. I. Section 4 -2 (a)(2) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of other licensed establishments. Request 13: Variance from Chapter 4, Art. I, Section 4 -2 (a)(3) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of residential property. Request 14: Special Use Permit for an Eating Establishment in a :•C2' zoning district, as specified in Chapter 20, �%a Art. V, Section 5- 13- 3(.03) of the Zoning Code of the City of South Miami. Location: 5800 S.W. 73rd Street BACKGROUND: The applicant is the owner of property where an existing South Miami restaurant `Le Glacier Restaurant' intends to relocate. The property is not irregular, nor are there any existing variances in the public record for the property. NA SIS: -- -�. The proposed location is located within 1000' feet of another establishment which serves or sells alcoholic beverages and is within 1000' of a residential district which is forbidden by code. The location does not provide enough parking spaces per code for the proposed area of restaurant use. The applicant is permitted by code to apply for a Special Use Permit. t PB -89 -018 RECOMMENDATION: Page #2 Request #1: The staff does not recommend approval. Request #2: The staff does not recommend approval. Request 13: The staff does not recommend approval. Request #4: The staff does recommend approval. August 7, 1989 City of South Miami Planning Department South Miami, Florida Gentlemen; Please consider this formal request to permit an eating establishment at 5800 SW 73 Street South Miami, Florida. The property is Zoned C -2. I am requesting your consideration for a Special Use permit for an eating establishment; a variance to permit parking for 13 spaces where 17 are required, and a variance to permit beer and wine to be served on the premises where there is another eating establishment within 1000 feet. I believe the location is excellent for a restaurant in that it is a freestanding building. Although 17 parking spaces are required, we can furnish 13 plus, and there is an abundance of metered street parking, as well as a potential lease arrangement between myself and my nieghbors for additional parking to the West and to the South of my immediate property. I also feel that since my proposed tenant, "Le Glacier Restaurant" , has been in business in South Miami for some 8 years and already has a beer and wine license; it is reasonable to have him be able to move to my location and continue providing an inexpensive yet excellent Place for the people of South Miami to ea*_ lunch and /or dinner. Ver�- Tru.Yy Yours, Podger Shay" Owner ;` RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COXXISSION OF THE CITY OF SOUTH XIAMI, FLORIDA, REAPPOINTING DIANE G. RUBIN-VRIGHT AS A MEMBER OF THE ENVIRONMENTAL REVIEV AND PRESERVATION BOARD TO SERVE IN SUCH CAPACITY UNTIL OCTOBER 1ST, 1991, OR UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. WHEREAS, there is currently a vacancy on the Environmental Review and Preservation Board and the Mayor and City Commission wish to make a reappointment to fill such vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Diane G. Rubin- Wright is hereby reappointed as a member of the Environmental Review and Preservation Board to serve in such capacity until October 1st, 1991, or until a successor is appointed and qualified. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY \Rubin- Wright.Diane Fire 13epa0ment 600J S.W. 87th Avenue Miami, Florida 33173 -1698 (305) 596 4600 August 15, 1989 Mr. William Hampton City Manager City of South Miami 6130 Sunset Drive Miami, Florida 33143 Dear Mr,on: I was recently advised of my removal from the City's Environmental Review and Preservation Board because of too many absences. I respectfully request to be renominated for this Board. This past year has been a particularly difficult one due to my infant child and excessive professional commitments. It is my intention to fully participate in the ERPB meetings with a minimum of absences. Your consideration of my request is appreciated. Sincerely, Dianne G. Rubin-Wright - Assistant Director, Administration Metro -Dade Fire Department =NT `AUS 1510 Always Ready, Proud to Serve RESOL:;T ION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, EXPRESSING SUPPORT FOR THE 1989 SOUTH MIAMI ART FESTIVAL TO BE HELD NOVEMBER 4TH AND 5TH, 1989. WHEREAS, The City of South Miami has hosted the South Miami Art Festival since 1972; and WHEREAS, the Mayor and City Commission wish to express their continuing support for this cultural festival which has brought lasting benefit to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby e <,pres:= their support for the 18th annual South Miami Art Festival b T � he!,,--4 r 4 ±he!,,--4 I�dCv�i mb e 4+1h '.nth, 9 ` =i, .^^i%._c L<i s a l r*?s1,= +.Fn ±s C; =cam _Ii Ki a-m, and - a ae Ccun- c e n 1._ E� _ yen A' Ar'O�' Ei' t l i:_ -a of ,,: 7 A�`P .OTTEDc - - - - - -- -- - - - - -- - - - - -- MAYOR ATTEST ----------------------------- CITY CLERK READ AND APPROVED AS TO FORM: ---CITY --ATTORNE------Y --------------- Re.solut \Festival.art ,d RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COIiKISSION OF THE CITY OF SOUTH XIAXI, FLORIDA, RANKING THE FIRXS RESPONDING TO THE REQUEST FOR PROPOSALS FOR THE CITY OF SOUTH XIAXI GOVERNXENT FACILITIES IMPROVEMEENTS. WHEREAS, the City Administration and Consultant Selection Committee of South Miami, Florida, heard presentations by firms which responded to ,a request for proposals for improvements to the City's Police and Public Works Department; and WHEREAS, the Mayor and City Commission must now rank the firms for negotiations to commence by the City Manager and Staff for the provision of such services, as required by State Law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the three firms whose proposals were selected are hereby ranked in order of preference as follows: 1. 2. 3. Section 2. That competitive negotiations commence between the City through its designated officials and the firms as provided by Section 287.055, Florida Statutes, and as provided by City Ordinances. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK _ READ AND APPROVED AS TO FORM: C I TY ATTORNEY Res ut \Consultant.Selection a. m D C Occ T r O D C Q n ari+ r= r= r m m 2 ZV N O O -4 v .o m m g G� D M�/ • -1 rn r r. r r. X m O CA AD o a t"-AM 1. if, d 1 M m �o m m > -� y m Ir r m O cp n r r r H s. � m D D v' "'� n > < n Iz z �° �,� a SO ` F) m Io- o �' C"' m n c c -+ rn N N rte. O �° . r n > .n n� • Hm�r =ym Zl e MM t• � rnrn p r � C oil z ; 7v C n . � 40 R > •� • M. '{ ro 8 r"" n;u 4A .; O�lZO m� �r m • O='� c �.0 >m> my : ;t -♦rAZ C8 •• ' SH E �pZ • • r Z ` t8 C1 j • • o Ij