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10-17-89
A F OFFICIAL AGENDA CITY OF SOUTH MIAMI •6130 Sunset Drive Next Resolution: 112 -89 -8091 REGULAR CITY COMMISSION MEETING Next Ordinance: 19 -89 -1441 OCTOBER 17TH, 1989 Next Commission Meeting: 11/7/89 7:30 P.M. A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Items for Commission Consideration: 1 Approval of Minutes: a) Special City Commission Meeting of September 26th, 1989 - Zoning b) Regular City Commission Meeting of October 3rd, 1989. C 4_ Spectal City, COmmiss,,bn, Meetlrtg of Oetofier 1atIL1 11,84 zpn. Ctg 2. Pres.entati.on 3. City Manager''s Report 4. City Attorney's Report ORDINANCES- 2ND READING: S AN ORDINANCE• OF THE CITY OF SOUTH XIAI[L, FLORIDA, ADOPTING "THE CITY OF SOUTH XIAXI LAND DBVELOPXENT CODE", REGULATING AND RESTRICTING. THE ERECTION, RECONSTRUCTION, ALTERATION, LOCATION AND USE OF PROPERTY, BUILDINGS, STRUCTURES, LAND AND VATER FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES; �\ REGULATING AND RESTRICTING THE SIZE OF BUILDINGS AND OTHER STRUCTURES HEREAFTER ERECTED OR ALTERED; REGULATING THE SIZE AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING STRUCTURES; REGULATING AND RESTRICTING BUILDING LINES AND THE PERCENTAGE OF LOT THAT xAY BE OCCUPIED; DESIGNATING ZONING DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS NAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS, AND FOR EACH SUCH DISTRICT TO HAV13 REGULATIONS AND RESTRICTIONS DESIGNATING THE KINDS OR CLASSES OF TRADE, _ II ES, RESIDENCES, OR OTHER PURPOSES FOR VSICH BUILDINGS OR OTHER STRUCTURES OR PRBHISES KAY BE PERMITTED TO BE ERECTED, ALTERED OR USED; PROVIDING FOR REGULATIONS INCLUDING CONCURRBNCY XANAGENENT,' SIGN REGULATIONS, PARKING AND LAHD.9CAPING REQUIREMENTS; PROVIDING FOR ADXINISTRATIVE AND PBRXITTING PROCEDURES; ESTABLISHING AN RNVIRONUJITAL REVIEV BOARD AND PROVIDING REGULATIONS THEREFOR; ESTABLISHING ) REGULATIONS FOR THE PLANNING BOARD; PR01i'IDING A I[STHOD OF ADXINISTRATION AND ENFORCEMENT; PROVIDING FOR METHOD OF REVIEV;I'I PROVIDING PENALTIES FOR VIOLATIONS THEREFOR; REPEALING ORDINANCE 20- 71 - 724 AND ORDINANCES AND SECTIONS OF THE CODE It CONFLICT HEREVITH; BZPBBSSING INTENT OF SEVERABILITY; AND lPROVIDING AN EFFECTIVE DATE. CCommissionj (3/5) RESOi,U'T`fON fOR PUaLi`C;ftfAi;ilt�; �. S z10 ia 6. A Resolution amending prior Resolution 65 -82 -4065 by providing for a revised schedule of constr,ut on for the Planned Development known as the Bakery Centre and authorizing the City Manager to execute a second amended agreement regarding construction of a. fire station at the Metro -rail site. (Planning Board /Administration)(4 /5) RESOLUTIONS: 0 7. A Resolution authorizing the City Manager to execute an agreement / to continue the City's participation in the meals for the elderly program. (Adm str io (3/5) 8. A Resolution determining that there is a vested right to develop the property at 6320 Sunset Drive and 6330 .,Sunset Drive for a two - story f` residential office building with subsurface parking in accordance with the previsouly approved plans; finding that such development is consistent with the South Miami Comprehensive Plan; directing building permits to issue for such development in conformance with all other applicable building codes, zoning ordinances, and other requirements; and providing an effective date. ( 3/5) (Commission)r X REGULAR CITY COMMISSION MEETING OCTOBER 17TH, 1989 PAGE 2 RESOLUTIONS (continued): I� �q_�Oq3 9. A Resolution naming the South Miami - Dade County Health Clinic in honor and memory of Ros i e Lee Wesley. Comg�i s i oner Brown) (3/5) 1O.A Resolution encouraging support for e au—ma center at Jackson Memorial Hospital and urging each municipality to contribute its fair share. g ( mmissioner Brown) (3/5) 11. A Resolution authorizing blicrh�earin" �to be ht Td regarding 9 P 9 9 9 the closing of S.W. 61st Court at S.W. 64th Terrace by creating a cul -de -sac and placing bollards at the intersection of S.W. 61st Court and S.W. 66th Street. I ( om ssioner Brown) (3/5) i- 12. A Resolution opposing Metropolitan Dade Coun y s proposed merger of municipal police departments with the Metro -Dade Public Safety Department. {Mayor Porter) (3/5) 13. A Resolution authoring 'fie Administration to create a Recreation Department Trust Fund Account o ( dministration) (3/5) �oq 14. A Resolution authorizing �h� City Manager to enter into an agreement for street repairs. (.Administration) (3/5) e.V+e.., 15. A Resolution authorizing the ity Manager to utilize community volunteers for resource services in connection with City concerns. 0 D_0 �„�"� ` ���-! �- �� (Commissioner McCann) (3/5) 16. A -Resolution a horizin the 'C it Manager to clean Brewer Canal . authorizing y g (Administration) (3/5) 17. A Resolution autho n ing the City Manager to repair a crane in the Public W ks Depa tment. q.�Administration) (3/5) 18. A Reso tion authorizing the Cify Manager to refurbish the gas tanks at the City Hall Complex. (Administration) (3/5) 19. A Resolution authorizing thCity Manageo purchase a pick -up truck for the Public :Works Department (Administration) (3/5) 20. A Resolution authori zi n thq �Ci t� Maria e`r to purchase sanitation Y 9 P dumpsters. (Administration) (3/5) ORDINANCES - FIRST READING: 21. An Ordinance amending the City's adopted Comprehensive Plan, such amendment to be the designation of General Retail Uses on property designated currently as Low Intensity Office. (Planning Board /Adm.) C4/5) REMARKS: A Resolution denying an a ministrative appeal from a decision of the Administration regardi a building permit fine for property located at 7600 S.W. 59th A nue, South Miami, Florida. �f 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. C3/5) s. w ( • ORDINANCE NQ uR 1 AN ORDINANCE• OF THE CITY OF SOUTH XIAXI, FLORIDA, 'ADOPTING "THE CITY OF SOUTH XIANI LAND DEVELOPMENT 'CODE", REGULATING AND RESTRICTING THE ERECTION, RECONSTRUCTION, ALTERATION, LOCATION AND USE OF 'PROPERTY, BUILDINGS, STRUCTURES, LAND AND WATER FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES; REGULATING AND RESTRICTING THE SIZE OF BUILDINGS AND OTHER STRUCTURES HEREAFTER ERECTED OR ALTERED;- REGULATING THE SIZE AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN SPAC88 SURROUNDING STRIICTURBS; REGULATING AND RESTRICTING BUILDING LINES AND THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED; DESIGNATING ZONING DISTRICTS OF SUCH NUXBBR, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS, AND FOR EACH SUCH DISTRICT TO HAVE REGULATIONS AND RESTRICTIONS DESIGNATING THE KINDS OR CLASSES OF TRADE, INDUSTRIES, RESIDENCES, OR OTHER PURPOSES FOR WHICH BUILDINGS OR OTHER' STRUCTURES OR PREXISES MAY BE PERXITTBD TO BE ERECTED, ALTERED OR USED; PROVIDING FOR REGULATIONS INCLUDING CONCURRBNCY XANAGBNBNT, SIGN REGULATIONS, PARKING AND LANDSCAPING REQUIREXENTS; PROVIDING FOR ADXIIISTRATIVB AND PBRXITTING PROCEDURES; ESTABLISHING AN ENVIRONlEEiTAL REVIEW BOARD AND PROVIDING REGULATIONS THEREFOR; ESTABLISHING REGULATIONS FOR THE PLANNING BOARD; PROVIDING A XETHOD OF ADXINISTRATION AND ENFORCEMENT; PROVIDING FOR XSTHOD OF REVIEW; PROVIDING PENALTIES FOR VIOLATIONS THEREFOR; REPEALING ORDINANCE 20 -71 -724 AND ORDINANCES AND SECTIONS OF THE CODE IN CONFLICT HEREWITH; BZPRBSSING INTENT OF SEVBRABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted a comprehensive plan and is required to implement land development regulations to effectuate the plan; and VHEREAS, the City's Planning and Zoning consultant has recommended the adoption of "The City of South' Miami Land Development Code ", Exhibit "1" to this Ordinance, to serve as the City's zoning code of regulations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the attached "City of South Miami Land Development Code ", consisting of Articles I through VII, being a part of this Ordinance, be and is hereby adopted as the Official Zoning and Land Development Ordinance of the City of South Xiani, Florida. Section 2. If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity 1 shall not 'affect the remaining portions of this ordinance; and it shall be construed to have been the intent of the Commission of the City of South Miami to pass this ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 3. That upon the effective date hereof all Codes and Ordinances in conflict herewith, including Ordinance 20- 71 - 724, as amended, which is the City's Zoning Code, are hereby repealed.' Section- 4. This Ordinance shall take effect immediately upon passage. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERIC _ READ AND APPROVED AS TO FORM; CITY ATTORNEY ordina\CSXLAND.code RESOLUTION NO. 65- 82- 4065 -A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING PRIOR RESOLUTION 65 -82 -4065 BY PROVIDING FOR A REVISED SCHEDULE OF CONSTRUCTION FOR THE PLANNED DEVELOPMENT KNOWN AS THE BAKERY CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDED AGREEMENT. REGARDING CONSTRUCTION OF A" FIRE STATION AT THE METRO -RAIL SITE. WHEREAS, on October 25, 1982, the Mayor and City Commission of the City of South Miami passed Resolution 65 -82 -4065 to permit a Planned Development Mixed Use -Rapid Transit Oriented Development (PD -MT) known as the "Bakery Center "; and WHEREAS, pursuant to Section 16 -7 -3 of Article XVI of the Zoning Ordinance of the City of South Miami, Florida, Flagler Federal Savings and Loan Association of Miami, successor in interest to the former applicant, has made formal application to amend the final plans approved by the above - referenced resolution; and WHEREAS, after review of the Director of Planning, Zoning & t ''_ _ eSelo-ne —t -, `he En% iron, en'- .` Rev-4-w, ci* = .- ese- vaticn Board and the Planning Board, approval has been recommended for the ;�ro:osed changes regarding the Bakery Center. NOW; THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 4 (d) of the Special Use Permit granted by Resolution No. 65 -82 -4065 be and the same is hereby amended as follows: d, the Applicant shall conform' in the process of development to the stages and sub- stages as set out in the Applicant's document "staging or project" as further modified herein, provided, however, that the applicant shall be permitted an additional two years and eleven months from the effective date of this Resolution to complete the build -out of the project. The Commission finds that the stages and sub- stages as therein set out, and as modified by the extension of the date- of build-out, meet the requirements of Secation 16 -6 -3 (5) (d) of the Zoning Ordinance and constitute a logical progression from start to completion of the project. tior. 2 :hat the City Manager is hereby au— .horized to -t� t:,e Second A ue:.deCl i -Tarty rgreemen 2or tre Construction SECOND AMENDED TRI -PARTY AGREEMENT THIS SECOND AMENDED AGREEMENT, made and entered into this day of , 1989, by and among FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, a United States corporation, and its successors and assigns (hereinafter "Owner "); METROPOLITAN DADE COUNTY (hereinafter "County "); and THE CITY OF SOUTH MIAMI, FLORIDA (hereinafter "City ") W I TNESSE'TH:' WHEREAS, the Owner is successor to certain real property known as "Bakery Centre" and legally described on Exhibit "A hereto (hereinafter the "Property "); and WHEREAS, the City Council of the City has approved a Planned Development and Development of Regional Impact Development Order pursuant to Chapter 380, Florida Statute, to permit construction of a mixed -use office /retail development on the Property subject to certain conditions set forth'in City Council Resolution No. 65 -82 -4065 (hereinafter the "Resolution"); and WHEREAS, Section 4, u, of the Resolution requires the Developer, the City and the County to enter into a three party agreement to ensure adequate funding and emergency fire and rescue service to the Property prior to the issuance of any certificates' of occupancy for improvements on the Property; and WHEREAS, the Owner, the County and the City desire to meet this requirement of the Resolution by providing for the construc- tion of a new fire station facility (hereinafter the "Fire Station "). NOW, THEREFORE, the Owner, the City and the County in con- sideration of the-premises and other good "valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenanted and agree as follow: } 1. The Fire Station Site. The Fire Station to be con- structed pursuant to this agreement shall be located on a certain parcel of real property owned by the County and legally described on Exhibit "B" hereto (hereinafter the "Site ",);; the County has obtained at its sole expense all necessary governmental approvals and has made all improvements necessary to make the site a build- able site including land filling, grading and relocation of paving and utilities. 2. The Fire Station. The _Fire Station shall be a building with approximately 6,180 square feet of floor area and consist of a two and one -half (2 -1/2) Bays with a minimum station capacity to house two (2) emergency vehicles. 3. Owner's Contribution. The Owner shall pay by certi- fied check a total of $300,000.00 as its contribution towards the construction of a fire station. Upon payment of the aforesaid amount, the Owner's obligation under Section 4, u, - of the Resolution and under this Second Amended Tri -Party agreement shall be deemed satisfied.' Payment shall be made by October 2, 1989, or within, the five calendar days after the owner has received written notice from Dade County that the County has obtained sufficient' funding for the construction of the fire station and is prepared to commence the construction process,` whichever occurs first. Notwithstanding, upon the execution of this Agreement, the Owner shall post with Dade County an irrevoc- able Letter of Credit in the amount of $300,000 and in a form acceptable to the County and to the City obligating the Owner to comply with the terms of this paragraph. The irrevocable Letter of Credit shall become null and void upon payment of the sum of $300,000.00 to Dade County in accordance with the provisions of this paragraph. 4. County's Equipping of Fire Station. Upon the comple- tion of the Fire Station and relocation of the County's South Miami fire station facilities, but not later than the time necessary for inclusion of appropriate' allocations in the 2 L County's budget during the County's next budgetary cycle following such completion and relocation, the County shall equip the completed Fire Station with appropriate suppression and rescue apparatus, including aerial equipment and such other equipment as may be determined by the County to be necessary to provide adequate service for the improvements to be constructed on the Property pursuant to the Resolution. Upon completion and equipping of the station, the County's obligation under the Second Amended Tri -Party Agreement shall be deemed satisfied.' 5. Binding Effect and Recordation of Record. This Agreement' shall be binding upon the 'Owner's and its successors and assigns. Following execution by the parties, it shall be recorded in the Public Records of ` Dade County, - Florida at the expense of the Owner. 6. Authorization For Building and Zoning Department To Withhold Permits and Inspections In the event payments are not made as promised, in addition to any other remedies available, the City of South Miami Building and Zoning Department is hereby authorized to withhold any further permits, and refuse to grant any approvals, until such time as the Agreement is complied with. 7. Election of Remedies: All rights, remedies and privi- leges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party' exercising the same from exercising such other additional rights, ' remedies or privileges. As further part of this Agreement, it is hereby understood that any official inspector of the City. of South Miami Building and Zoning Department, or its agents duly authorized, has the privilege at any time during normal working hours of entering and investigating the use of the property to determine whether or not the requirements of the building and zoning regu- lations and the conditions herein- agreed to are being complied with. _ 3 { These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property. This Agreement on the part of the owner shall constitute a covenant running with the land and -may be recorded in the public records of Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned, and its heirs, successors and assigns until such time as the same is modified or released. This Agreement on the part of the Owner is to run with the land and shall be binding on the Owner, its heirs, successors and assigns for a period of 30 years from the date this agreement is recorded, after which time it shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of the, then, owner(s) of the subject real property has been recorded agreeing to change or release the Agreement in whole, or in part, provided that the Agreement has first been modified or released by Dade County and the City of South Miami. This Agreement may be modified, amended or released as to the Property, or any portion thereof, by a written statement executed by the, then, owner of the fee simple title of such lands petitioning such modification, amendment or release, provided that the same is also approved by the Board of County Commissioners of Metropolitan Dade County, Florida, and the City of South Miami after individual and separate public hearings. Should this Agreement be so modified, amended or released, the Director of the Metropolitan Dade County Fire Department, or the executive officer of the successor of such department, or in the absence of such director or executive officer, by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement shall be by action at law or in equity against any parties or persons violating, or attempting to violate, any covenants, either to restrain violation or to recover damages. The prevailing party in the action, or suit, shall be entitled._ to recover, in addition to costs and disbursements allowed by law, such sums as the Court may adjudge to be reasonable for the services of his attorney. This enforce- ment - provision shall be in addition to any other remedies available under law. Invalidation of any one of these, covenants,- by judgment or Court, in no way shall affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals this day of 1989. WITNESS FLAGLER`FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, a United States rporation BY- J-6 N G. PRIMEAU, nior vice President 4- METROPOLITAN DADE COUNTY, FLORIDA County Manager, THE CITY OF SOUTH MIAMI, FLORIDA City Manager STATE OF FLORIDA ) SS: COUNTY OF DADE ) The 'foregoing .instrument was acknowledged befor' 1�;,tmemt,�is" 18th day of July _, 1989 by a duly authorized rg esentativ( ',,of FLAGLER FEDERAL SAVINGS AND LOAN ASSOCI N OF Q� A . •* _ `•® :�= .Q= Z „x NOTAR ',.' 'PC ' �p ��.�` S ate of FloriB�r, %8 ge � My, Commission Expires: Pu siace 01 N"o,� j, Age Notary ,mss► �� N►Y �' STATE OF FLORIDA ' ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of 1989 by a duly authorized representative of METROPOLITAN DADE COUNTY, FLORIDA. NOTARY PUBLIC State of Florida At Large My Commission Expires: STATE OF FLORIDA ) ) SS: COUNTY OF -DADS ) The foregoing instrument was acknowledged before me this day of , 1989 by a duly authorized representative of THE CITY OF SOUTH MIAMI, FLORIDA. NOTARY PUBLIC State of Florida At Large My, Commission Expires: ASG /F1agAmAgr Rev: 7/14/89 _ e t . � ®ems► City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667.5691 A G E N D A Planning Board August 8, 1989 City Commissioners' Chambers Tuesday, 7:30 PM A. Call to order and the Pledge of Allegiance to the Flag of the the United States of America. B. Roll Call. C. Public Hearing PB -89 -017 Applicant Flagler Federal Savings & Loan Association of Miami ,J �0_110 Request: Major Change to a P.U.D. (Bakery Center) : requesting a time extension of 2 years 11 months for buildout. Location: 5715 Sunset Drive Legal Parcel 1: Lots 1 through 5, inclusive; Lots 6 1,, f through 10, inclusive, less the East 20 feet; Lots tG 11 through 15, inclusive; Lot 16, less the East 35 feet and the South 20 feet; Lot 19 lying East, of Lot 18, and Lot 18, lest the South 20 feet Lot 19, lying West of Lot 18 -, Lots 20 and 21, less the South 15 feet; and Lots 22 through 33, inclusive, all in Block 1, CARVER'S SUBDIVISION,_ according to the Plat thereof, as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. Parcel 2: Lots 1 through 9, inclusive; Lots 10 through 13, inclusive, less the South 15 feet; and Lots 17 through 22, inclusive; all in Block 2, CARVER'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. Parcel 3: That certain parcel of land which formerly constituted Church Street (North Red Court) which is bounded on the East by the West boundary line of Lots 21 to 33, both inclusive, Block 1,, CARVER'S. SUBDIVISION, and bounded on the West by the East boundary line of Lots 1 to 10, both inclusive, Block 2, CARVER'S- SUBDIVISION; on the South by the Northerly line of Sunset Drive; and on the North by the Southerly line of U.S. Highway 11, all according to the Plat thereof, as recorded. in Plat - Book 6, Page 36, of the Public Records of Dade County, Florida. D. Approval of the Minutes of June 27, 1989. E. Remarks: ZONING ORDINANCE DISCUSSION NOT A PUBLIC MEETING H. Adjournment. Citu of South Miami INTER-OFFICE MEMORANDUM TO: Sonia Lama, AIA c ^TE: Building & Zoning Director August 4, 1989 FROM, SuBJEGT. William Ai Mackey PB -89 -017 - City Planner Applicant: Flagler Federal Savings.& Loan Association of Miami Request: Major Change to a P.U.D. (Bakery Centers requesting a time extension of 2'. years 11 months for buildout. Location: 5715 Sunset Drive Legal: Parcel 1: Lots 1 through 5, inclusive; Lots 6 through 10, inclusive, less the East 20 feet Lots it through 15, inclusive; Lot 16, less the East 35 feet and the South 20 feet; Lot 19, lying East of Lot -18, and Lot 18, less the South 20 feet; Lot 19, lying West of Lot 18, Lots 20 and 21, less the South 15 feet; and `Lots 22 through 33, inclusive, all in Block 1, CARVER'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 36# of the Public Records of Dade County, Florida.' Parcel 2: Lots 1 through 9, inclusive; Lots 10 through 13, inclusive, less the South 15 feet; and Lots 17 through 22,' inclusive; all in Block 2, CARVER'S' SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. Parcel 3 That certain parcel of land which formerly constituted Church Street (North Red Court) which is bounded on the East by the West boundary line of Lots 21 to 33, both inclusive,' Block `1, CARVERS SUBDIVISION, and bounded on the West by the East boundary line of Lots 1 to 10 both inclusive, Block 2, CARVER'S SUBDIVISION; on the South by the Northerly line of Sunset Drive; and on the North by the Southerly line of U.S. Highway 11, all according to the Plat thereof, as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida._ PB -89 -018 Page #2 BACKGROUND: The applicant is requesting a major change to the P.U.D. agreement consisting of an extension of two years eleven months. See enclosure. ANALYSISs The applicant seeks an extension of the P.U.D. agreement in order to facilitate sale of the property to a developer or interested party. Flagler Federal does not intend to develop the project, but requests a time extension so that another interested party might.. RECONNENDATION: In order to expedite the sale of this property to an interested developer or investor who may complete or redevelop the project, staff recommends approval of the time extension only. Its'. _ - ,y : i ! ,✓._y. ._ ? ti- �r`''�a - 3 ;'fie. r ^'�. s� ; .ii7:" :`s��or- : t"t� � { -- L i T BRM -08 -06 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF RESOURCE _MANAGEMENT 2571 Executive Center Circle, East Tallahassee, Florida 32301 -8244 (904) 488 -4925 SOUTH FLORIDA REGIONAL PLANNING COUNCIL 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES _ Subsection 380.06(19)r Florida Statutes (1985),r requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning council, and the state land planning agency according to this form. 1 I, ALAN S. GOLD, the undersigned authorized representative of Flagler Federal Savings and Loan Association of Miami, a United States Corporation, as successor in title and interest to Martin Z. Margulies, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Status (1985). In support thereof, I submit the following information concerning the Bakery Centre Develop- ment, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover,, copies of this completed notification to the City of South Miami, to the South Florida Regional.. nning Council, and to the Bureau of Resource Manageme , Department of Com- munity Affairs. 9� olud., (Date) Alan S. Gold Z r 9 i- 2. Applicant. Flagler Federal Savings and Loan Association of Miami, a United States Corporation, as successor in title and interest to Martin Z. Margulies. 101 N.E. lst Avenue Miami, Florida 33128 3. Authorized Agents. Alan S. Gold, Esq. Greenberg, Traurig, Hoffman, Lipoff, Rosen- 6 Quentel, P.A. 23rd Floor 1221 Brickell Avenue Miami, ,Florida 33131 Tel: (305) 579 -0880 and -John R. Allison, III Keith, Mack, Allison and Cohen 111 Northeast First Street Miami, Florida 33132 -2596 Tel: (305) 358- 7605 4. Location. The Bakery Centre project is located in the City of South Miami, Dade County, Florida, and is bounded on the South by Sunset Drive; on the North by U.S. Highway #1 and the east by Red Road. 5. Previous Changes. No changes to the Bakery Centre development plan have occurred since adoption of Resolution No. 65 -82 -4065 by the City of South Miami, hereinafter referred to as the Develop- ment Order, and attached hereto as Exhibit "A'. 6. Changes and Justification. The purpose of this request is to extend the project phasing plan incorporated in the Development Order by an additional two years and eleven months. - The purpose of the extension is to enable - Flagler Federal, as successor to Martin Z. Margulies, to market the 'Bakery Centre to a new developer. _ 2 _ �'�� ,tea- +�w�..,. i.'^"�av[^n j � { `. a„C� s _ �z�-. 4-- ,t�.'��; "' a ss��..�.r,��re•$7.. 'yam � y �q�� � �`""�{3� ice' '`�� �� ��.v ?'?+- ��+�`� r Flagler Federal has acquired title to the Bakery Centre as a result of the settlement of litigation between Flagler, as lender, and Martin Z. Margulies. The following is a summary of events pertinent to the litigation and the resulting delay in project development: With full intent of proceeding with the next phase of construction, i.e. Phase II consisting of an additional 90,000 square feet of retail space and a 750 -space garage, Martin Z. Margulies and H.M.F. Investments,, Inc., d/b /a Bakery Centre Associates entered into a construction loan with Flagler= Federal Savings and Loan Association of Miami. In accordance with the terms of the Construction and Permanent Loan 'Agreement dated April 13, 1987,` construction of the garage was to commence on or before May 13, 1987 and was to be completed not later than August 31, 1987. Construction of Phase II was to commence approximately thirty (30) _days after completion of the garage and was to be com- pleted not later than February 28, 1989. Unfortunately, although the garage was completed in September 1987, this Construction Loan for Phase II and the $21,000,000 Construction Loan for Phase I went into default. As a result of the default, Mr. Margulies (Bakery Centre Associates) was unable to commence construction of the Phase II portion of the project. Various attempts were made to resolve the default in order to proceed with the project. Attempts at settlement failed and in April of 1988, Flagler Federal filed its suit against Mr. Margulies. During the pendency of the suit, construction of future phases was impossible. On April. 3, 1989, the suit was settled and Flagler Federal received the project as part of the settlement consideration paid by Mr. Margulies. Since taking over the project, Flagler has com- menced negotiations with potential developers desiring` to take over and complete the project. Flagler is attempting to complete such a sale within the next 12 months. Please be advised that Martin Z. Margulies has otherwise complied with all applicable conditions of the Development Order and has made infrastructure improvements for roads, water and sewer and the like in reliance on the Development Order in excess of several million dollars. 3 .c-^ F'�"i�"S* °r _t t �, ems° '`. _ t,_ ►"' .} :s. s., r any „> F x yr•. � �.s?�'S� �- .- ,} � t F - � -_ _ , _ _ _ t { _ 7t ti, Finally, under Section 380.06(19) (e)(2), an extension of the project buildout by less than 3 years is not a substan- tial deviation as a matter of law and no public hearing is required under Chapter 380, Florida Statutes, for this amendment to be approved. 7, Government Jurisdiction - There ' has been no change in local government jurisdiction since the rendering of the Development Order. -8. Lands Purchased or Optioned Within One Mile of Property. None 9. Consistency With State Plan and Local; Development Regulations and Plan. (a) State Plan Consistency. The proposed modifications, ' if approved, are and will remain consistent with the state plan. (b) Local Development Regulations and Plan. The proposed modifications, if approved, are and will remain consistent with the adopted City of South Miami Comprehensive Plan and land development regulations. 10. Updated Master Site Plan. The Proposed modification do not affect the master site plan approved with the Bakery Centre Development Order. 11. Proposed Changes., The proposed changes do not create a reasonable likelihood of additional regional impact and are not governed by any of the criteria contained in section 380.06(19), Florida Statutes. Specifically, the proposed changes are as follows: (a) Development Order Section 4, subpart d, is changed: FROM d. The applicant shall conform in the process of development of the stages and sub- stages as set out in the Applicant's document "staging of s Project" as further modified herein. The Commission finds that the stages and sub- stages as therein set out meet the requirements of Sec- tion 16- 6- 3(5)(d) of the Zoning ordinance and constitute a logical progression from start to completion of the project. T0: d. the Applicant shall conform in the process of development to the stages and sub - stages as set out in the Applicant's document "staging or project" as further modified herein#, provided, however, that the applicant shall be permitted an additional two years and eleven months from the effective date of this Resolution to complete the build out of the project. The Commission finds that the stages and sub - stages as therein set out, and as modified by the extension of the date of buildout, meet the requirements of Section 16- 6- 3(5)(d) of the Zoning Ordinance and constitute a logical progression from start to completion of the project. S Uz a v fe?t r { y c i J ATTACHMENT 1 DEVELOPMENT ORDER RESOLUTION No. 65 -82 -4065 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA ACTING UNDER THE AUTHORITY OF ARTICLE XVI OF THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI AND SECTION 380.06, FLORIDA STATUTES APPROV- ING AND GRANTING A SPECIAL USE PERMIT AND A DEVELOP- MENT ORDER FOR APPLICATION NO. 82 -8 TO CONSTRUCT A PLANNED DEVELOPMENT -MIXED USE. -RAPID TRANSIT ORIENTED (PD -MT) DEVELOPMENT WITHIN THE CITY; MAKING THE FINDINGS OF FACT SUPPORTING ITS DECISION THAT THE APPLICANT, BY THE GREATER WEIGHT OF COMPETENT EVI- DENCE, HAS MET THE STANDARDS SET OUT IN ARTICLE XVI OF THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA FOR SUCH PLANNED DEVELOPMENTS AND MAK- ING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW RE- QUIRED BY SECTION 380.06 F.S.IN THAT THE DEVELOPMENT IS ONE OF REGIONAL IMPACT; SETTING CONDITIONS AND SAFE- GUARDS TO THE APPROVAL; DIRECTING THAT CHANGES. BE MADE ON THE OFFICIAL ZONING MAP TO REFLECT THE APPROVAL OF APPLICATION NO. 824; STATING THAT THIS RESOLUTION HAS BEEN ADOPTED BY A VOTE OF NOT LESS THAN FOUR MEMBERS OF THE CITY COMMISSION AS REQUIRED; AND SETTING AN EFFEC- TIVE DATE. WHEREAS, on May 18, 1982, the City Commission of South Miami, Florida, did repeal Section 8-10 of the Official Zoning Ordinance of the City of South Miami and did adopt in place thereof a new Article XVI of the Official Zoning Ordinance entitled "Planned Development," the same being Ordin- ance No. 18 -82 -1141 of the City of South Miami; and WHEREAS, Mr. Martin Z. Margulies,Holsum Real Estate Corpora- tion, the Houston Family Trust 1973, Mrs. Harriette Angerman, and Charles L. Mund, and Anna Mund, his wife (herein the Applicant), have submitted an appli- cation for Special Use Permit for a planned development in accordance with and under the terms of Article XVI of the Official Zoning Ordinance of the City of South Miami; and WHEREAS, the application is for a Planned Development of a character, magnitude, and location which under the terms of Chapter 380, Florida Statutes, required a review and recommendation by the South Florida Regional Planning Council as a`Development of Regional Impact; and WHEREAS, the South Florida Regional Planning Council, the City of South Miami, and the Applicant did follow and meet the requirements for review set out in Chapter 380, Florida Statutes, and particularly Section 380.06, Florida Statutes; and the South Florida Regional Planning Council did hold a Public Hearing on the proposed project on September 13, 1982, as required by law and did submit a recommendation of approval, subject to certain conditions, to the City of South Miami; and .1- WHEREAS. the City did hire independent experts to assist in the review of, and provide expert advice on the traffic circulation, economic, and land use impacts of the proposed, development; and WHEREAS, said independent experts did submit reports and recommendations to the City on their respective areas of expertise; and WHEREAS, the Director of Building, Zoning, and Community Development did incorporate the recommend- -lions of said independent exnerts in his report; and WHEREAS, the Director of the South Miami Department of building, Zoning, and Community Development did prepare and subunit in writing to appropriate City Staff, Advisory Boards, and the City Commission on August 27, 1982, a written report reviewing the application and other applicable materials, and making a recommendation of approval, subject to certain conditions, as re- quired by Section 16- 6 -3(2) of the Official Zoning Ordinance of the City of South ' Miami; and - WHEREAS, said Building, Zoning, and Community Development Report is incorporated herein, by reference, and is received as part of the evi- dence considered in making the following findings; and WHEREAS, on September 16, 1982, as required by Section 16.6 -3(3) of the Official Zoning Ordinance of South Miami, the Environmental Review and Preservation Board of the City of South Miami did hold a Public Hear- ing on the application, with notice as required by law, did consider the prelim- inary development concept plan set out in the application, and did recommend appro- val of that preliminary development concept plan by a vote of 7/0; and WHEREAS, on September _28.,1982, as required by Section, 16- 6 -3(4) of the Official Zoning :Ordinance of South Miami, the Planning Board of the City of South Miami did hold a Public Hearing on the application, with notice as required by law, and did recommend to the City Commission of South Miami, by a vote of 5/2, the approval of the application subject to certain conditions, and the granting of Special Use Permit therefor; and WHEREAS. the City Commission has given Public Notice of Hearing on the application as required by Section 380.06, Florida Statutes, and Section 16- 6- 3(5)(a) of the Official Zoning Ordinance of the City of South Miami; and WHEREAS, the City'Commission held a Public Hearing on the 25th day of October, 1982, as required by Section 380.06, Florida Statutes, and -2- 6 f '. + s•�'C.i{ .r -."i: ' s i 'nt3''x� -5# _ _- kkt4 ✓: -. ` Z' .. . Section 16- 6- 3(5)(b) of the Official Zoning Ordinance of the City of South Miami; and WHEREAS, the City Commission has carefully considered the review and recommendations of the South Florida Regional Planning Council, the Environmental Review and Preservation Board, the Planning Board, and the Report of the Director of the Department of Building, Zoning, and Community Developmentand has considered and weighed all competent evidence presented; and WHEREAS, all procedural requirements of the laws of the State of Florida and regulations of the City of South Miami have been met; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDR: Section 1. Findings of Fact. That the City Commission, sitting in its quasi - judicial capacity, having held a Public Hearing, with notice as re- quired by law, and having considered and weighed. all competent evidence and having heard all persons as required by law, and particularly Article XVI of the Official Zoning Ordinance of South Miami (hereafter Zoning Ordinance), makes the following written findings of fact based upon the greater weight of compe- tent evidence in the context of the general and specific standards and other requirements set out in Article XVI, Planned Development Regulations, of the Zoning Ordinance and Chapter 380., Florida Statutes; a. The foregoing recitations, commonly referred to as the "Whereas" clauses, are incorporated herein and adopted and are deemed to be true and `'correct. b. Application No. 82 -8 submitted by the Applicant is one for a Special Use Permit for construction of a Planned Development- Mixed Use - Rapid Transit Oriented (PD- MT) development as set out generally in Article XVI of the Zoning Ordinance and particularly Sections 16- 40' through '16 -45, and for a Development Order as. set out in Section 380.06, Florida Statutes. c. The property covered by Said Application, 82 -8 is legally described as follows: Parcel 1: Lots l through 5, inclusive; Lots 6 through 10, inclusive, less the East 20 feet lots 11 through 15, inclusive; Lot 16, less the East 35 feet and the South 20 feet; Lot 19, lying east of Lot 18, and lot 18, less the South 20 feet; lot 19, lying West bf Lot 18, Lots 20 and 21, less the South 15 feet; and Lots 22 through U.. inclusive, aVI in Block 1, CARVER'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. -3- i _ Parcel 2: Lots 1 through 9, inclusive; Lots 10 through 13, inclusive, less the South 15 feet and Lots 17 through 22, inclusive; all in Block 2, CARVER'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. Parcel 3: That certain parcel of land which formerly constituted Church Street (North Red Court) which is bounded on the East by the Vest boundary line of Lots 21 to -33, both inclusive, Block 1, CARVER'S SUBDIVISION, and bounded on the West by the East boundary line of tots 1 to 10, both inclusive, Block 2, CARVER'S SUBDIVISION; on the South by the Northerly line of Sunset Drive; and on the North by the Southerly line of U.S. Highway fl. all according to the Plat thereof, recorded in Plat Book 6, Page 36, of the Public Records of Dade County, Florida. and Less the additional right -of -way of U.S. Highway #1 (S.R. 15) deeded to the State of Florida on deeds filed August 2, 1955 under Clerk's file Nos. EE- 120391 and EE- 120402. d. The application conforms to the requirements of Article XVI of the Official Zoning Ordinance of the City of South Miami, and particularly, though not limited thereby, to the requirements of. Section 16-6 -2 of the Official Zoning Ordinance, entitled: "Applications; Materials to be Submitted.' e. The application meets the definitional requirements for Planned Development• generally, as set out in Section 16 -2 -1 of the Zoning Ordinance, as more fully set forth in the Report of the Director of the Department of Building, Zoning, and Comnunit Development of the City of South Miami (hereafter Director). f. The land area under the Applicant's unified control exceeds the minimum requirement for PD-MT development as required by Section 16-43 of the Zoning Ordinance as more fully set forth in the Director's Report. g. The proposed project is consistent with the South Miami Compre- hensive: Plan (adopted by the City Commission June 3, 1981), as required by Sections 16-1. Paragraph 1; 16-4, paragraph 1 16- 6 -3(2), paragraph 1; 16-41, paragraph 1; and 16- 44.5, para- graph l of the Zoning Ordinance, as more fully set forth in the Director's Report. h. The existing toning of the property on which the project is proposed to be constructed is Downtown Commercial District (C -2). Under Section 16-3 of the Zoning Ordinance, the floor area ratio (FAR) of 3.25 may be constructed; the FAR of the Applicant is 845e The FAR 'proposed by the applicant is approximately .76 or 321,315 sq. ft.) less than that which might otherwise be allowed as of right, as more fully set forth in the Director's Report.' i. Under Section 16-3 of the L Zoning Ordinance, the Planned Develop- ment Regulation of the City of South Miawi (Article XVI) are declared to where there are conflicts between such Planned Development =lations and general City zoning, subdivision or other regulations and requirements, and the project as pro- posed servo pmblic Purpose to a degree at least equivalent to C City Laing 'subdivision or other regulations, as more fully set form in the Director's Report, -4- - :._.a _; 1.,d.r�,.�_: "r -}. v' 3'� -aH��� >�s� �•.z�� r �Kr _s3 � x*':� 5 ir�r �4 ,a�,W'�r_; J. The proposed Planned Development is so located with respect to rapid rail transit and other mass transit systems, arterial and collector streets, or other transportation facilities as to provide direct access to the proposed development without creating substantial or undue increases in traffic along minor streets in existing or prospective residential neighborhoods outside the development. Based on standard and acceptable expert traffic engineering projections, standards, and methods, the roadways and other improvements, to be installed by the Applicant at his sole cost,meet or exceed the standards set by Section 16-4 -1 and 16 -44 -1 of the Zoning Ordinance as more fully set forth in the Director's Report. k. The provision of necessary public utilities, facilities, and services (sanitary sewers, water lines, storm and surface water drainage, other public utilities systems, and installations, streets, rapid rail transit and other public transit, parks, and the like)will not result in higher net public costs than would be the case if the property on which the proposed project is to be erected were to be developed as permitted under the presently existing zoning. The Applicant's assumption of the costs of original public installations are determined to be acceptable in this regard. (Section 16 -4 -2 of the Zoning Ordinance). 1. The overall net tax return to the City upon construction of the Applicant's project will greatly exceed the costs of public faci- lities and services required to serve the project, as more fully set forth in the Director's Report. M. The site is physically suitable for the development proposed (Section 16 -4 -3, paragraph 1, of the Zoning Ordinance) as more fully set forth in the Director's Report. n. The siting of structures provides necessary protection against adverse relationships to properties in areas surrounding the proposed project. Arrangements have been made, to the maximum extent reasonably feasible, to eliminate or minimize such adverse impacts, and the project will be compatible and harmonious with other development in the area, and the heights proposed in various portions of the project will not unduly and adversely affect surrounding areas and uses. (Sections 16 -4 -3, paragraph 2, last clause; 16 -4 -8; 16 -44 -5 of the Zoning Ordinance). as more fully set forth in the Director's Report. o. Ingress and egress to the proposed Planned Development is adequate. This fact has been determined and measured by standard and acceptable expert traffic engineering projections, standards, and methods in relation to: (1) the safety and convenience of vehicles entering and leaving the site; (2) the safety and con - venience of pedestrian movement in relation to vehicular and pedestrian traffic; (3) safe access of employees and visitors to, from, and within the site (4;) safe access to, from, and within the site in the event of fire, crime, or other emergency _ or catastrophe; (5) safe traffic flow and control generally; (6) an aprsropriate relationship of automotive vehicular traffic flow to rapid rail transit and other forms of mass transportation; (7) the design, and orientation of automotive and vehicular traffic movements so that such movements and flow will not substantially or unduly intrude on minor streets in residential neighborhoods; and (8) that generally, -the safety and conven- ience of automotive traffic is maximized And the potential auto- ' motive- automotive conflicts and automotive- pedestrian conflicts are minimized as more fully set forth in the Director's Report. t .. p. Based on standard and acceptable expert traffic engineering projections, adequate provision has been made for offstreet parking and offstreet loading facilities for the mixed uses involved, to the end that residents, employees, and visitors to the site will not have to park on City streets or in non - Planned Development parking facilities, nor will the loading and unloading of goods and products to the site or pickup of goods and products from the site be done on public streets. The offstreet loading and offstreet parking arrangements are designed to facilitate pedestrian circulation and internal traffic flow and control and the arrangements of such facilities are adcyuate in the event of crime, fire, or other.emergency or 'catastrophe. The arrangements for numbers and location of offstreet parking and offstreet loading spaces are determined to be satisfactory and to meet PO-MT requirements (Section 16-4 -5 and 16 -44 -3 of the Zoning Ordinance), as more fully set forth in the Director's Report. q. The Applicant's proposals for signs and lighting of the proposed project as modified by the Director's Report, are determined to meet the requirements of Sections 16 -4 -7 and 16 -44 -4 of the Zoning Ordinance, as more fully set forth in the Director's Report. r. The Applicant's proposais for the location and treatment of refuse and service areas are determined to meet the requirements of Section 16 -4-6 of the Zoning Ordinance, as more fully set forth in the Director's Report. s. Special surveys, approvals, preliminary approvals, or reports, as required by Section 16- 6 -2(4) of the Zoning Ordinance have been secured and are on file with the Director. t. Proposed uses, both permitted and accessory, for the PD-MT development set out in the application sleet the requirements of Section 16 -42 of the Zoning Ordinance as more fully set forth in the Director's Report_ u. The application for a PD-MT development arranges the mixture of uses -- retail, hotel, and office -- in such a fashion that compatibility, security, and relationships among them meet the requirements of Section 16 -45 -1 of the Zoning Ordinance, as more fully set forth in the Director's Report. V. The internal arrangements provided by the Applicant for streets, drives, parking, and service areas meet the standards of access- ibility, security, convenience, and safety, as more fully set forth in the Director's Report. W. The arrangements of walkways within and surrounding the proposed PD-MT development meet the requirements for safety, convenience, creation of a pleasant pedestrian environment, accessibility, and security (Section 16- 45 -3 -of the Zoning Ordinance), as more fully set forth in the Director's Report. X. The Applicant has met the intent of the Planned Development regu- lations generally (Section 16 -1 of the Zoning Ordinance) and the specific intent of the PD-MT District (Section 16 -40 of the Zoning Ordinance), as more fully set forth in the Director's Report. y. The Applicant's proposed covenant for perpetual operation and maintenance of open space and common facilities, that will be utilized by some or all of the occupants, employees, or visitors to the development, is adequate and gives effective assurances that such common open space and facilities will not in the future become a- burden on the taxpayers of the City.' Thp Applicant's proposed covenants are adequate to protect the City against future expense. (Sections 16- 6- 2(6) (7) Zoning Ordinance.) Y ,r lX34. r a 11 z. The Commission finds that the Applicant's project is of such size that staging is necessary. Staging of project phases and sub- phases shall be as set out on Applicant's document and attach - ments identified as "Staging of 'Project" as modified by this Re- solution. The Commission finds that the stages and sub- stages as set out meet the requirements of Section 16= 6- 3(5)(d) of the Zoning Ordinance and constitute a- logical progression from start to completion of the project. Section 2. Approval of Special Use Pemreit for Planned Development. The City Commission hereby approves the grant of a Special Use Permit for Application No. 82 -8 to authorize the construction of a Planned Development -Mixed Use -Rapid Transit Oriented (PD -KT) development, subject to the conditions and safeguards set out hereinafter in Section Four of this Resolution. This decision is supported by the Findings of Fact of Section I of this Resolution, which demon - strate that the greater weight of competent evidence establishes that the appli- cation meets the standards and requirements, general and specific, of Article XVI of the Zoning Ordinance. Section 3. Approval of Development Order; Findings and Conclusions of Law. This Resolution approving Special Use Permit for Application No. 82 -8 together with all conditions and safeguards of Section 4 of this Resolution, the applicable provisions of Article XVI of the Zoning Ordinance, and any other requirements contained in this Resolution, constitutes the approved "Development- Order" required by Section 380.06, Florida Statutes. Based upon the greater weight of all the competent evidence presented, the Commission finds and con- cludes that: a. The Applicant's development will not unreasonably interfere with the achievement of the objectives of the adopted State Land - Development Plan in the area of South Miami (Section 380.06(13(a), Florida Statutes), and b. The Applicant's development is consistent with the City of South Miami's Development Regulations (Section 380.06 (12)(b), Florida Statutes;) and C. The Applicant's development and this "Development Order" are consistent with the recommendations of the South Florida Regional Planning Council (Section 380.06(13)(c), Florida Statutes). This Commission further concludes that the requirements of Section 380.06(14)(c), Florida Statutes, are also met by the provisions of the Planned Development Regulations, Article XVI of the Zoning Ordinance, the Findings of Fact in Section l hereof, and by the conditions_-and safeguards attached to the approval of the Applicant's application as set in Section 4 of this Resolution. -7- •,� ?r';qr r-r— y"€�••+E .. �•f ¢, �.� z �9?",� •r _ _tr ,t+. - � - .� J 2� 0.�%t � F • f S d ��' � � i€ b: -� y is o - _ • _ F r• r ?� • 1 The Annual Report required from the developer under Section 380.06(14) (c)(3), Florida Statutes, shall be the Annual Report required by the rules of the State land Planning agency. Such Report shall be submitted annually to the City and to other agencies required by law to receive it no later than twelve (12) months following the insurance of this Development Order, and each year by the same date thereafter until the construction of the project is .completed. The requirement for this Report is herein set out because of the requirement of State Law and is in addition to any other reports required by the City in the conditions and safeguards which are contained in Section 4 of this Resolution. • Section 4. Conditions and Safeguards. In its exercise of quasi- judicial authority, the City Commission is generally authorized under Florida Law, parti -- cularly Section 380.06(13), and specifically authorized by Section 16- 6- 3(5)(c,d,e,&f) of the Zoning, Ordinance to attach conditions and safeguards to a grant of Special Use Permit for a planned development. The following conditions and safeguards are hereby attached to and are made -a part of the approval of Application No. 82 -8 for a Special Use Permit for construction of a PD-MT development and the grant of a Development Order under State law, therefor: a. The Applicant shall correct and revise the Application for Development Approval (ADA) and the Application for PD-MT Special Use Permit to reflect all site plan, recommended roadway, or other modifications approved as part of this Special Use Permit for planned development and shall consolidate all original and 'supplemental information submitted into the revised ADA and PD-MT applications, and shall submit the docu- ments to the City of South Miami, Dade County Public Works Department, the South Florida Regional Planning Council, and the State land planning agency within 120 days from the date of issuance of the Development Order. b. The revised applications and all maps, plans, documents, covenants, agreements, stipulations, conditions, and safe- guards constituting the development plan as approved shalt be marked and identified by the Director and shall be placed on file, as required by Section 16- 6- 3(5)(9) of the Zoning Or- dinance, in the Office of the City Clerk.. These materials shall constitute the regulations for the development approved as Application No. 82 -8. Where there are conflicts between the application as submitted and revised, and these conditions and safeguards, these conditions and safeguards shall govern. Likewise, the Application for Development Approval and the revised Application 82 -8 for PD-MT Special.Use Permit are in- corporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the represent- tions contained in the Application for Development Approval and PD-MT application is a condition for approval unless waived or modified by agreement among the parties. I� (Section 4. Conditions and Safeguards. Cont.) c. Where estimated dollar costs of improvements to be borne by the Applicant have been set out at time of approval, and the actual costs at time of construction of such improvements is greater than the dollar amounts specified, the Applicant shall bear such additional costs; and the City shall not be liable for such additional costs. d. The Applicant shall conform in the process of development to the stages and sub - stages as set out in the Applicant's document "Staging of Project" as further modified herein. The Commission finds that the stages and sub - stages as therein set out meet the requirements of Section 16- 6- 3(5)(d) of the Zoning Ordinance and constitute a logical progression from start to completion of the project. e. This Development Order shall be recorded in the Pubiic Records of Dade County, Florida. The Applicant shall bear all record- ing costs for any documents that are required to be recorded. f. Where public improvements are to be provided at the Applicant's expense, improvements required for each stage or sub -stage must be completed and a certificate of satisfactory construction of such improvements must be issued by the appropriate governmental agency(ies) before any Certificate of Occupancy for the stage or sub -stage involved is issued. To further insure that public improvements are constructed, the Applicant shall secure a construction bond (or irrevocable letter of credit from an institution having a net worth of a least 5200 million dollars or a lesser amount acceptable to the City) prior to the issuance of a building permit for said stage or sub- stage. Such bond or bonds(or irrevocable letter of credit)shall be in the amount of one hundred twenty -five percent (125.) of the up -to -date estim- ated dollar cost for the public improvement or improvements. No such City bond shall be required for water improvements related to and necessary for the project. Required bonds(or irrevocable letters of credit) shall be executed in the manner normally required by the City in such matters. g. The Applicant shall establish and bear the cost of a Residential Traffic Infiltration Monitoring Program. Such a program 'shall commence not later than one month prior to the issuance of the first Certificate of Occupancy for the project and shall continue until recommendations for further roadway Controls and /or improve- ments is necessitat ed to a significant degree by this project and based on standard engineering projections, methods, and procedures are made, or are found to be unnecessary, but no 'later than twelve (12) months after the issuance of the last certificate of occupancy for the project. The Applicant shall work with the City Manager and the Director in the formulation and oversight of this program. Any implementation of the recommendations resulting from this program, if any is found to be required, shall require a vote of a majority of the whole membership of the City Commission. h. The 'Applicant shalt establish -on -site parking policies and charges for such parking facilities. The objective to be reached is discouragement of all -day parking by Metrorail patrons, and to ensure that residents, visitors, and employees of the project will not park on City streets, or in non- project related parking facilities. "Likewise, the Applicant shalt extend the same, park- ing price benefits provided to project tenants to all of the Red /Sunset area merchants and their customers_ Such policies shall be subject to the approval of the City Manager, who may deligate this responsibility to the Director. -9 _ ,_ _. .�� v ti7��.e ¢ '� .V e+s�• S �iy� is � �.�, ,' - a � _ - - - F f'°it'n x3 �•.� � � ��ys. .'ry�X��cc�j ,e����i�. �7�ti �'`_ t g� to to Fkc I. To the end that full traffic and pedestrian flow can be maintained on City - right -of -ways during the course of construction, the Applicant will submit to and receive the approval of the Director of a traffic maintenance plan for the entire construction period prior to the issuance of any building permits. Such plan shall demonstrate that circulation can be maintained in relation to the various stages and sub- stages of the project. If traffic and pedestrian flow can not be maintained as proposed, then pro - ject staging shall be changed accordingly. J. No Certificate of Occupancy shall be issued for any completed stage or sub -stage until a directional signage plan for auto- motive vehicles and pedestrians, within and without the project, has been approved by the Director and such signs are in place. k. The Applicant shall obtain within one year of the approval of special permit for this PD-MT development, and the issuance of the Development Order therefor, Florida Department of Trans- portation and Dade County Department of Public Works approval for all roadway improvements identified in the application as State or County roadways, as the case may be. Further, the City will assist the Applicant in obtaining said approvals by indicated City support and reliance on the roadway improvements identified. 1. The Applicant shall establish the position of Traffic Coordinator as part of the administration and general operation of the project. It shall be the Coordinator's responsibility, working with the City, Dade County, and the Florida Department of Transportation to develop and work to implement Transportation Management System (7MS) policies. m. The Applicant shall complete construction of the following Stage 1 roadway improvements as further illustrated in Exhibits 26 and 27, Phase I and Phase II Roadway Improvements dated 9/21/82, and the figure entitled Holsum Property Summary Intersection Improvements dated 9/27/82, prior to the issuance of any Stage I Certificate of Occupancy. - Improve intersection of U.S. 1 and S.W. 57 Ave. - Widen S.W. 57 Ave. to 4 lanes from U.S. I to south of S.W. 72 St. Signalize S.W. 57 Ave. at San Remo. - Improve intersection of S.W. 57 Ave. and S.W. 72 St. - Widen and restripe S.W. 72 St. from S.W. 57 Ave. to S.M. 58 Ave. Improve intersection, of S.W. 58 Ave. and S.Y. 72 St. Restripe S.W. 58 Ave.` from S.W. 72 St. to S.W. 71 St. to 3 lanes. -Widen S.W. 58 Ave. from S.W. 71 St, to U.S. I to 4- lanes. Improve intersection of S.W. 58 Ave. and U.S. 1. - Construct the project driveway on U.S. I to maximize roadway safety and minimize interference with on- coming traffic. Further, the City will not issue any such Certificates of Occupancy until such improvements are complete. n. The City shall evaluate, in collaboration with the County and the State, alternative methods of funding signalization at the inter- section of U.S. I and S.W. 73 St., restriping S.W. 62 Ave. and S.W. 70 St. and the recommended improvements to the intersections of'S.W. 72 St. with S.M. ,62 Ave. and U.S. 1; and prepare a specific funding plan to be submitted to the Council, the County MPO and department of Public Works, and FOOT for review and approval within one year ", of the date of the Development Order. Further - more, the funding plan should explore alternative financing for. -10- = r and timing of, signalization at the intersection of S.M. 58 Ave. and S.M. 73 St., including funding participation from other project developers in the area. o. The Applicant will assist the City and pay up to $4,700 of the cost of establishing an equitable program of onstreet parking prohibitions, and establishment of replacement parking leading to eventual elimination of certain onstreet parking in the central business district of the City. The elimination of certain onstreet parking has been set out in the application. Such a course will lead to greatly increased safety and public cost effectiveness of the roadway improvements to be installed. The Applicant will work with the City, the County, and the State in accomplishing this objective. p. The Applicant shall begin construction of the ,pedestrian over - pass prior to the issuance of building permits for Sub -Stage lb and shall proceed with construction continuously, (including, but not limited to maintaining a full and sufficient workforce working on said overpass) to complete the overpass as soon as possible. but in no case shall any Certificate of Occupancy for Stage 2 be issued prior to completion of said overpass. Pro - vided however, that said building permits and Certificates of Occupancy cannot be unreasonably_ withheld if other governmental agencies cause delays, which are beyond the Applicant's control. q. The Applicant shall complete construction of the following Stage 2 transportation improvements as further illustrated in Exhibits 26 and 27, Phase a and Phase II Roadway improvements dated 9 /21/82, and the figure entitled Hotsum Property Summary Intersection Improve - ments dated 9/27/82. prior to the issuance of any Certificates of Occupancy for Stage 2: - Intersection improvements at S. M. 57 Ave. and S.M. 72 St. - Intersection improvements at S.W. 58 Ave. and S.M. 72 St. Signalization of S.W. 58 Ave. at S.M. 71 St. j - Signalization of S.M. 58 Ave. and S.M. 73 St., subject to verification by additional studies. - Signalization of S.W. 57 Ave. at Madruga Ave. prior to occu- pancy of Sub -Stage 2b. Further, the City will not issue any Certificates of Occupancy until said improvements are complete: r. The Applicant shall obtain a General Permit from the South Florida Water Management District prior to project construction. s. The Applicant shall at no expense to the City extend water mains to the site sufficient to provide an adequate - supply of potable water and ensure sufficient pressure. flow capacity. and fre- quency of fire hydrant locations for fire protection. t. The Applicant shall design and construct the roofs of each of the office towers to allow emergency evacuation by helicopter, and submit said and approval prior t rto theCity�issuingtanyibui di i ng permits or ! said towers and the City will not issue any such permits with- out such approval. U. Prior to the issuance of any Certificates of Occupancy for any portion of Stage I the Applicant, the City, and Dade County shall enter into a three party agreement to ensure adequate funding and the timely provision of aerial and other fire and emergency rescue service to the development and to establish a ;2_44W.+ . i• i � x��� -. �j t �. .d -"-� �� "'.c'�:nn -1 ,g,�x,.'- ��''�i`.� "`f. S r ��r- �c�,t„ 4 x rt � , r 1 �) �u+ l.� y g t� _ 1 fair and reasonable rent to be paid by the County, reflecting the benefits accruing to the City by County location of fire service facilities within the City limits, or in the absence of such agreement, establish an alternative arrangement acceptable to the Applicant, the City, the County, and the SFRPC. V. The Applicant will incorporate all security and life safety measures proposed in the application. Such measures will be in place and operative for the stage or sub- stage involved _prior to the issuance of a Certificate of ,Occupancy for the stage or sub - stage involved. W. The Applicant shall incorporate all energy conservation measures proposed in the ADA. x. The Applicant shall prepare a technical feasibility analysis for construction and operation of a cogeneration facility, which analysis must include those elements specified in the DRI assessment, and submit the analysis to the Regional Council, the Dade County Office of Energy Management, and the City for review and approval, prior to applying for any build- ing permits. If the results of the analysis indicate that such a facility is technically and economically viable, the applicant will develop and 'operate it as an integral part of the development. Further, the City will withhold all building per- mits for project construction until the Council, County, and City approve the cogeneration feasibility analysis. y. The Applicant shall incorporate all construction techniques proposed in the ADA to minimize air pollution. z. The Applicant shall design and construct the landscaping plan for the project so as to minimize water usage and avoid species which have or may have potentially noxious characteristics, and shall use at least 80' . native species for exterior land- scaping. aa. The Applicant will render all possible assistance to the City in trying to establish a tax increment financing district, and the Applicant, agrees that: should a tax increment financing dis- trict. which incorporates, the Holsum Property, be formally proposed, the City will require the Applicant "to'submit an Amended ADA to the SFRPC and the City which specifies the effect of the district on: _ The Project's fiscal impact. - The Project's economic impact. - The Applicant - funded roadway and other public facility and service improvements. • The equity of the assignment of the responsibility between the Applicant and the public sector for ail roadway and other public facility and service improvements. The City shall review and evaluate the SFRPC Council recommenda- tions on the Amended ADA prior to establishment of the tax incre- ment financing district. bb. Prior to the issuance of the building permits for the first stage of construction, the Applicant shall record the Covenant for Perpetual Maintenance which shall be a. covenant running with the land. Further, the Applicant and the successors, heirs, and assigns of the Applicant, shall comply at all times with the provisions of the Covenant of Perpetual Mdintenance submitted as part of the applications -12 cc. The Applicant will continue to reimburse the City for costs spec;fically associated with this development as it progresses to construction, up to the time building permits for the first stage of the project are issued, provided however, that the Appli- cant shall have the right to review with the City the nature, extent, and cost of any outside consultant work. dd. The Director, under the supervision of the City Manager, is designated as the City official to monitor compliance with all prov'sions of the approved Special Use Permit and Development Order as required by Article XYI of the Zoning Ordinance and State law. The Applicant will assist in and facilitate the monitoring responsibilities of the Director. The Applicant shall designate a person as a monitor contact for the Director. In the context of Section 16-7 -3 of the Zoning Ordinance, the Applicant's monitor contact shall be responsible for promptly notifying the Director of any proposed minor changes in the development plans as approved by the grant of Special Use Permit and Development Order. The naming of the Director as the individual to monitor the project is in addition to, and does not replace in any fashion, the normal construction inspection activities of the City and other government agencies. ee. In connection with the subsection (dd) above, the Director may require from time to time, but at intervals of not less than three (3) months, a written report from the Applicant's monitor contact is to the progress of the development. Such report shall include, but not-be limited to, (1) the relation of construc- tion progress to the conditions and safeguards on staging. (2) any problems in relation to the planned development, (3) relation of construction pr ress to the provision of public facilities and utilities, (4) any particular questions which the Director may wish to have answered. It is understood that the Applicant's monitor contact or the Director will contact one another at any time during the course of construction as the particular problems arise. ff. The Development Order shall be null and void if the following activities are not completed within two (2) years from the date of issuance of the Development Order: clearance of existing structures in Stage I portions of the site; entering into the three -party agreement for provision of fire and emergency rescue service or other such arrangement acceptable to the Applicant, 1 the City, the County,and the South Florida Regional Planning Council; obtaining buildinq and other permits for anv portion of Stage I project' components bonding and commencing constru- ction of the extension of water and sewer lines to the site; and bonding of all indentified Stage I improvements. gg. The Applicant shall pay costs of an errors and ommissions insurance policy obtained by the City insuring it against loss for any errors and ommissions by any of its employees, and /or agents for failure in the performance of any of their duties and responsibilities required to be performed by the City in all phases of the construction of the project, including, but not limited to inspections of any nature and kind, in the amount of $1,000,000 per occurance for periods not to exceed five (S) years after issuance of the last Certificate of Occupancy for the project. hh. The 'Applicant shall establish policies to-make the Gallery/ Community Center available to nonprofit community groups and for community functions. ii. Prior to issuance of building permits for each stage or sub - stage, the Applicant shall dedicate to the `City all lands necessary to meet the requirements of Section &7 of he Zoning Ordinance. •Official Right -of -Nay Widths. or provide right -of -way areas of sufficient width to permit construction of the roadway improve - ments outlined in the application, whichever dedication is greater. -13- a k A- y. it ___III- „_ ._ _- _• -. -- _ . 6 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH XIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTINUE THE CITY'S PARTICIPATION IH THE MEALS FOR THE ELDERLY PROGRAM. WHEREAS, The City of South Miami participates with Dade County in the Community Action Agency's Meals for the Elderly Program; and WHEREAS, in order, to continue participation in this program, the City Administration has recommended the execution of a, renewal agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the Renewal of Agreement attached hereto as "Exhibit 1" to Continuo the City's participation in the Meals for the Elderly Program. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut\mealsfor. elderly P RENEWAL OF AGREEMENT This Renewal Agreement is entered into this day of 19 , in Miami, Dade County, Florida, by and between Metropolitan Dade County, a political subdivision of the State of Florida (COUNTY), Community Action Agency (CAA), 395 N.W. 1st Street, Miami, Florida, 33128 and the City of South Miami, a political subdivision of the State of Florida, 6130 Sunset Drive, South _Miami, Florida 33143, (SOUTH MIAMI), and provides the terms and conditions pursuant to which SOUTH MIAMI shall continue participating in 'CAA's Meals for the Elderly Program (PROGRAM). WHEREAS, Resolution No. 1568 -88 authorized the County Manager to receive, expend and subcontract for Title III -C grant funds of the Older Americans Act received through the State of Florida, Department of Health and Rehabilitative Services, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; WHEREAS, SOUTH MIAMI desires to continue participating in CAA's Meals` for the Elderly PROGRAM, and the COUNTY desires to continue providing meals at the SOUTH MIAMI facility, 6701 S.W. 62nd Avenue, to PROGRAM participants. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: 1.1 SOUTH MIAMI agrees: a. To make available to CAA Meals for the Elderly PROGRAM . participants the dining room, kitchen and restrooms of the facility, Monday through Friday, except holidays, from 9:00 A.M. until 2 :00- P.M.,• b. To provide maintenance services, daily and on an as needed basis; C. To provide tables, chairs and other furnishings as required for the operation of the PROGRAM; 1 d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection; e. To pay rental costs; f. To provide items pertinent to the serving,_ preparing and cleaning up after serving meals, such as: garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers; g. To provide and arrange for staff to conduct non -food service activities for PROGRAM participants, such as: crafts, music, discussion groups, exercise, etc., as well as materials for operation of these specified activities; and h. To provide items in Section 1.1 (a through g) of this Agreement at no cost to the COUNTY, CAA or the PROGRAM. 1.2 The COUNTY agrees; a. To provide the steam table and all utensils required to serve foods; b. To provide and serve up to _a maximum of sixty -five (65) meals, daily, Monday through Friday, except holidays, to PROGRAM participants; C. To provide a staff person to assist in serving meals to PROGRAM participants, to clean food service equipment and the kitchen (except floors), as long as funds are available to fund said position; d. To provide and pay directly to the vendor the cost for up to a maximum of sixty -five (65) meals served daily, Monday through Friday, except holidays throughout the term of this Agreement. e That CAA will provide assistance in obtaining staff from community resources (community schools, Miami Dade Community _College, etc.,) to provide program participants with non -food service activities such as: crafts, music, discussion groups, exercise, etc. 1.3 The COUNTY and SOUTH MIAMI both. agree: a. That every notice required under this Agreement shall be in writing directed to the parties at their respective addresses as follows: 7 2 'a 1l.: As to the COUNTY: Dorothy J. Davis, Executive Director Community Action Agency 395 N. W. 1st Street Miami, Florida 33128 As to SOUTH MIAMI: William Hampton, City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 e. That this Agreement may be terminated by either party without cause by providing sixty (60) days advance written notification for termination delivered to the other party by certified mail- return receipt requested; d. That this Agreement shall become effective January 1, 19899 and shall continue through December 31, 1989• This Agreement may be renewed for additional one year periods, subject to approval by the COUNTY, SOUTH MIAMI, and CAA; e. That this Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and SOUTH MIAMI; f. SOUTH MIAMI, subject to the limitations and liabilities imposed by law, agrees to indemnify and save the COUNTY harmless, from any and all claims, liability, losses and causes of action which may arise out of SOUTH MIAMI's negligence in the Fulfillment of this Agreement. SOUTH MIAMI, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the COUNTY when applicable, and shall pay all costs and judgments which may issue thereon; and g. The COUNTY, subject to the limitations and liabilities imposed by ,law, agrees to indemnify and save SOUTH MIAMI, harmless, from any and all claims liability, losses and causes of action which may arise out of the COUNTY's negligence in- the fulfillment of this Agreement. The COUNTY shall pay all claims and losses of any nature in connection therewith, and shall defend ` all suits, in the name of _SOUTH MIAMI When applicable, and shall pay all costs and judg®ents which may issue thereon. ff] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials the day and year first written above. CITY OF SOUTH MIAMI METROPOLITAN . DADE COUNTY, FLORIDA BY-ITS BOARD OF COUNTY COMMISSIONERS CITY MANAGER COUNTY MANAGER DEPUTY CLERK CITY CLERK Approved by County Attorney as to form and legal sufficiency. 4 -- - -- — _ T RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COXIXISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DETERMINING THAT THERE IS A VESTED RIGHT TO DEVELOP THE PROPERTY AT 6320 SUNSET DRIVE AND 6330 SUNSET DRIVE FOR A TVO -STORY RESIDENTIAL OFFICE BUILDING VITH SUBSURFACE PARKING IN ACCORDANCE VITH THE PREVIOUSLY APPROVED PLANS; FINDING THAT SUCH DEVELOPMENT IS CONSISTENT VITH THE SOUTH MIAXI'COMPREHENSIVE PLAN; DIRECTING BUILDING PERXITS TO ISSUE FOR SUCH DEVELOPMENT IN CONFORMANCE VITH ALL OTHER APPLICABLE BUILDING CODES, ZONING ORDINANCES, AND OTHER REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted Ordinance 13 -81- 1107 on June 3 1981; and WHEREAS, Section 3, Paragraphs D. E., and F. of Ordinance 13 -81 -1107 provides for the City Commission to determine whether a property owner has vested rights to develop in accordance with previously existing land development regulations including, but not limited to, the South Miami Comprehensive Plan; and WHEREAS, the Comprehensive Plan adopted January 18, 1989 incorporated this concept of vested rights; and WHEREAS, Mattie Pettreli (the "Owner ") owns 6320 Sunset Drive and 6330 Sunset Drive (the "Property ") which is more particularly described as (Exhibit 11111) attached hereto; and WHEREAS, the ,Owner spent time processing building permit plans (the "Plans ") for the development of the Property for a two- story residential office building with subsurface parking; and WHEREAS, after modifications were made to the Plans in response to requirements of the City staff, Environmental Review and Preservation Board (ERPB) and the City Commission, the Plans were approved by the staff, ERPB, and the City Commission; and WHEREAS, on November 15, 1988, the City amended the South Miami Comprehensive Plan to prohibit,` for the first time, below grade parking on land designated for residential office development; and WHEREAS, on or about January 9, 1989, the Owner first became aware of ,changes to the Comprehensive- Plan when City staff stated that they could no longer issue building permits for residential office projects with subsurface parking; and WHEREAS, the Owner has appeared before the City Commission on October 10, 1989 and October 17 1989, and has presented �I evidence to demonstrate that the Owner has relied in good faith upon the prior City approvals and has expended sums in reliance upon the City approvals and it would be highly inequitable to destroy the rights the Owner has acquired in reliance upon the City approvals. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:" Section 1 The foregoing recitals are hereby incorporated by reference. Section 2. The City Commission hereby determines that the Owner of '6320 .Sunset Drive and 6330 Sunset Drive have a vested right to develop the Property for a -two- story residential office building with below grade parking in accordance with the plans previously approved by the City entitled , consisting of sheets. A copy of said plans are incorporated herein by reference. Section 3. The City Commission further finds that development of the Property in accordance with the Plans is consistent with the South Miami Comprehensive Plana Section 4. The City is hereby directed to issue all required building and other permits for the development of the property in accordance with the Plans, upon payment of the required fees and, subject to the development meeting all other applicable building code, zoning ordinance, and other requirements. Section 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \6320Sunset.Dri ,I EXHIBIT "1" Legal Description for: 6320 Sunset Drive, South Hiami, Florida 33143 Lot 4 & 5, Block 1, SUNSET VILLAS, as recorded in Plat Book 15, at Page 42, of the Public Records of Dade County, Florida, less the North 15' for road. and 6330 Sunset Drive, South Mani, Florida '33143 Lot 1, 2, & 3, Block 1, SUNSET VILLAS, as recorded in Plat Book 15, at Page 42, of the Public Records of Dade County Florida, less the North 15, for road. -2- Accordingly, the following information is provided for placement on the City Commission Agenda. Project.: Street Resurfacing Plan Vendor General Asphalt Co. Inc. P.O. Box 52 -2306 Miami, _Florida 33152 Contact Person: Albert Lopez (305)`592 -3480 Vice President Account to be Charged: 1730 -4640 - Maintenance & Repair of Streets & Parkways Dade County Bid Number: 650515 Commission Approved Cost: $35,000. If there is any factor that impacts on a change in the targeted date to commence the resurfacing project, I will notify you immediately. Additionally, the Police Department will be notified to insure safety prior to commencment of the project. cc: Lincoln- Benedicto, Code Enforcement City Attorney Dellagloria attachments: - v i RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMIXISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, WAXING THE SOUTH M I AIX I DADE COUNTY HEALTH CLINIC IN HONOR AND MEMORY OF ROSIE -LEE VESLEY. WHEREAS, the late Rosie Lee Wesley, a long -time resident of the City, who showed an unselfish and unswerving devotion to helping people in this community, by her service as ,a mid -wife and founder of the South Miami Convalescent Home; and -WHEREAS, in tribute to the late Ms. Wesley, the Mayor and City Commission of the City of South Miami; desire to name the City's health clinic in her honor and memory, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the South Miami - Dade County Health Clinic - shall -be named the "Rosie- Lee Wesley Health Clinic in honor of one of 'South Miami's outstanding citizens. Section 2. That the City Administration is hereby directed to make appropriate arrangements for a formal naming ceremony to take place at the Clinic site. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Clinic. honor September 22, x988 • i Dear Sir: ' We, the family of the Late Rosie Lee Wesley, citizens,` and leaders of the'South Miami Black Community, would like to propose that the new clinic is named in honor of the Late Rosie Lee Wesley., Rosie Lee Wesley, through her desire to care for the poor, elderly and people in distress, gave the *city of South Miami its first sixteen , (16) beds, health care facility. Also, 'through her desire to care for women, and children,' completed the midwifery • Program at Christian Hospital and worked voluntarily with doctors At the South Miami Health Department, delivering a great popula- tion of babies in " South `Miami, Howard, Richmond Heights, and i Perrine areas. After delivering the babies, she made home visits and with the help of the American Red 'Cross, sometimes furnished clothing and feeding utensils for the newborns. ' Her dedication to health care, and pride in helping Ted to many hours of hard work, many times rendering services without tender. For the above mentioned reasons, 'and 'for other good reasons not mentioned at this time, we would like for this building to be named in her honor in remembrance of.A person who gave so much to this community. We would greatly appreciate your•consideration. •Si•ncerely, , Family of`Th Late Ros a L: Wesley Friends & Leaders of South'Miami Black Community ays 1 -- -- �- r . SOUTH MIAMI CONVALESCENSE HOME. On a narrow lot on a narrow street in colored town in South Miami stands a narrow deep building of the starkest simplicity. A'sign, crudely lettered, in front of the arbor of bougainvillea that shades the low wall says "Convalescense Home ". In one corner of this front bound- ary wall, the head of an iron bed is imbedded in the cement, Tike the old sngns in the Middle Ages, the symbol of the service rendered. Under the little arbor one sees very old colored people, some interested i in what is going on, some sitting in a half stuper, just feeling the warm th- of the sun Behind this inconspicuous place is a warm human story, the story of a young Negro girl; who years ago made up her mind that if it were ever in her power she would help aged, sickd and friendless Negroes. It took Long years and difficult preparation. At 19 Rosalie Wesely. came here from Gerogia with her little childern. She £ orund she could not accomplish her aim then and returned to Georgia. Coming back the second time to South Miami in 1933, she tried to educate her own children. tier son worked and attended the school for medical technicians at Mt. Sinai hosptiaiin Miami Beach. He finished the course last spring and is now a medical technician at Mt. Sinai. i i Rosalie wbrked to earn money for her o wn 'training. She attended the school for midwives at Christian Hospital in Miami, under the late Dr Sawyer. When she had finished this she rented an old church i - >• In -2- adjacent to her present hospital, with the idea of having a delivery room there for Negro mothers and a place where they could be cared for a few days afterward. She found that the standard requirements for equipment were so expensive that it was not in her power 'to` buy them. Then she went to Chicago to study practical .iursing for six months to qualify herself to care for sick people. She served as a practial nurse in the rural areas, caring for Negro pothers and the sick. In her r rounds she saw so many pitiful old people, sick, helpless, sometimes neglected. Some of them literally had no homes,but were allowed to sleep on a porch or in a shed by neighbors. The church building was condemend as unsafe and Rosalii and her hus- band, along time employee of a paint store in Coral Gables,took what they had been able to save and built their present structure, next door to the old church,which has s„ue been born down, at 5990 S.W. 67th Street,, South Miami., Here for a number of ,years she has run a clean, efficient small hosptial,caring for private patients and for some of the elderly Negroes who are aided by the County. As prices of food, and especially of service, go up continually, it have a registered nurse,a cook,and two practical nurses. In the small building she has Ishe can take so few patients that there is a large proportionate overhead. At the back th�rnu sing home Rosalie Wesely and her husband own another lot. If they could care for enough patients to reduce the proportionate overhead. It is badly needed:,.how many clean decent places are there that will care for the elderly and the ill "Negroes. - - z --�- 7" ,. ,.r. 19 M1 _ then Rosalie Wesley began her present hospital the authorities told her that she would have to put sterilizing equipment in the kitchen. This she could not do, but her white friends, learing of it, and knowing how much this facility was needed, gave her enough to help her to install the sterilizer. All this does not express how great her determination and her struggle have been, and her lifelong dedication to help, those of her people who cannot help themselves. If only some help will come from somewhere so that the great MAt of hospital necessities shall not force her to close her i'S. "Even- as ye have done unto the least of these, my' ch_; idexn, -ve h-ite_dnnento me ". - ,` .'ft",v.+z+.FF�Y gl� , i .37SI4R�l47�'T�iT1Cl`SYS- rtyy �yl i t4 ' /.fit lily Y 1 •' • ` , ` 5 . . ti. .+r 71 —M dl• •11:N�t{'@Q'1R f1R'i1R10M1fst�+« :�.y.. •: When 110iat5ldO : People itemember ; o for the Old .�'Wk � �o } F;y 4. 1� � , � _Y .Z w •fie• � ♦ ' , . N ' t . i IIy 40Y itEP:SE SIIAtV Herald start writer 00. -It's the twilight of life for •34; '� t patients at South Miami Con- ^, rt + r� •,. it , ' valescent Home for Negroes. - But these are days of joy' _ , ,* iy�a .�R i ,, for thet -• ,, f 'i ,. "outside pe0-'t <ple take time to' remember. t i•�yy�w ` i ; It is a hum - :: a:: • :.K' '� ble -little home' k that- sits at � .. � r:.,;,,. � � . , . (•' , 1 " 59th '$W Inth': St~ There's not # " ,'' a ., ;r M ' ,much stretch- mg ;room for'.K; 1 d the 16 patients. '' .. Y" s� And most of ` I A them are•" supported with ublic� funds. `'- ® But birds sing In the'tan le of 6ongalnvill 1 vine that 1{ ! r :arches avei the gateway— t f 3 a :} x a ',' ". -i �► 1 and 'in .ilia tiny back -porch parlor 4 Christmas tree gill- t tens gaily. ,t [. :'� '� ,�. ;p'iF %; ! . 4": y Girl Scouts f onj South MY i► Anti Baptist Church come suid ' sang,. carols- and left gifts. Monday night.-South Miami •,tr sY ,,;�,. '� `�f Methodist Church will stage • �!! � � )�� �� � a. '_ b ^.3 �•,'+ a Christmas party for the pa } l tights. And on ..Christmas tt } }���{���t` :r _ t Day there'll ice:- turkey and .:a11 the trimmings..° { ►. .:There'll be Yule.•surprises a ;` :G3 '41',' ; ,.� ` from other organizations, too, ,r both Negro and White as • - Herald start Photo by Bout Kennedy Dade opens its heart to the if aged the sicl,.86d the shut- Spirit of Clirlstmas Knows No Age in -at the time cif love. , . , intalid Gertra-de Kelly, 81, prepares tree , Gertrude Kelly,'81r reached high , gnar d, old fingers— ers- » ounced pith the. Omp'tcity' mind groping hack across 93, with gnarled, old fingers• of a child. other ChristmaSes. and :hung. A loop of sll�rr And who knows which upon the twinkling tree. Jim Brown, oldest palicnt, `' memory lay behind his quiet r "I like Chri ;tmas„ she an- Just smiled And watched, his and pick sant smile? . �Atknau��»{ fac;+, int;; a�- 9• s%! e> ���ss�s�• �bis�. ea��xsA��o +ex+±na4eit�A�II'iAen�;e�c►l; , • d... .. `.._ � .- -,,a9•'ti +�•it rt ,M. k, ✓•.,.y 1, vt:, ,t... -•<' +i • rYm'k 1 ••1c ., � . '4�', y• f'��•' i4*',� , Y, . --as _ ..- .�'�.�-- •- �c —.-.y. fir.. �- rR- ••.T,_r�s•�.a•..v,�°`- - ' - DANTE B. FASCELL JOHN R. BUCKLEY 12TH DISTRICT. FLORIDA ADMINISTRATIVE ASSISTANT COMMITTEES' FOREIGN AFFAIRS CMIINTER-AMERICAN AFPMU it SUBCOMMITTEE �COI�gr O e � n' s tat 14EM9E111 INTERNATIONAL ORGANIZATIONS AND oµ�e o1. re }} Q}��tn- (� MOVEMENTS SUBCOMMITTEE i4 a {`tNiSYep STATE DEPARTMENT ORGANIZATION AND FOREIGN OPERATIONS SUBCOMMITTEE MTEE FOR RLVE OF FDRUJGN AID PROGRAMS MR140 M A.C. .20515 GOVERNMENT OPERATIONS i CHAIRMAN: LEGAL. AND MONETARY APFAI.I, SUBCOMMITTEE November 6, 1969 Ms. Rosie Lee Wesley 5990 S. W. 67th Street • Miami, Florida 33143 Dear Ms, Wesley: Thank you so much for contacting me. The Senate has provided renewed authorization for Operation Mainstream- -the program under which the Senior Centers are operated. This legislation was con - sidered -by the House Education and Labor Committee which has today favorably reported the bill. The measure will come before the full house of Representatives shortly. I appreciate knowing of your desire to keep t the Senior Centers open. You may be certain of my support ; for the legislation. Again, many thanks for your interest in xrriting. SIncerely, DANTE B. FASCELL Member of Congress DBF /Bpw Nov"' v� uty of South Mami, Florida February 25, 1958 TO WHOM IT MAY CONCERN:` �l This is to state that I have been an employee of the City of South Miami since November,'1941, working in all departments Secretarial, Clerk. and as Tax Clerk for that time. I had occasion to first meet Rosie Lee Wesley in 1941 . when she was a registered mid- wife. In 1342 she started the South Miami Convalescent Home and moved to larger quarters of her o`m in 1945. I was present when her building was dedicated April 15, 1945. During the years she has furthered her education and became a registered practical nurse after courses in Chicago in 1942. My personal knowledge of kosie Lee Wesley has always been of the best. She has always tried to care for her patients in the best manner that funds permit. She is sincere in her care os the welfare patients, and has tried to :seep her patient .comfortable. My husband, Julian Carballo, ;candles well:7are cares of personal nature for the Lions and in the ;past for the Elks Club. We have for years taken contributions at all hours. I therefore knot'.* that whe c -ver we have stopped, the Convalescent Hume was clean, the kitchen was clean, and the patients were clean. Ttiis. hone is at 5990 S. W. 67th Strcet. Any further questions may be addressed or telephoned tc Mrs. Elva Carballo City Clerk's Office City of,South Miami, Florida It is a pleasure to be of help to Rose Lee Wesley. - >' 7— _ _T s '- :_ • , - .+� .J..•.4a... 1...�.o,.:..��Y I. +4.. r. e..2..�JAe.,r ..Y.; r/f. / 1 � 'F wYy ho's Who in South Miami This section, dealing with outstanding citizens of the South Miami area, .. is an attempt to set down in print the position these citizens occupy is . the eyes of their neighbors. No one wrote of himself in this section. t l .. s The material was gathered by Bob and Bill Bullard, two South Florida .. newspapermen now in this area who serve 71 different newspapers in Florida with this entertaining and enlightening feAture. , Rosie Wesley , y. , 14. ' s Because this is a period t , of growth and expansion for South Miami, those pra gressive people who had the r foresight and ability to lay , • • - ~,. their plans so as to be -able j t �r ,•• . ` to take advantage of these t i conditions and make their business an asset to the city are entitled to more than; ordinary acclaim.',;, _ We are therefore glad to ' pay tribute to Mrs. Rosie - r ,Wesley of South Miami Con - ' vulescent Home A 5990 SW '. ; : •r ' ►'. ' . 67 S,t. Her persistent optim- ism and steadfast belief in f.. ; the continued prosperity of South Miami are character- istics which are deserving of ' our highest praise. . - Mrs. Wesley has al«ays ' shown a willingness to do' += t her part in civic advance- „•, ment and has contributed her share in one form or an- other to projects prompted, ' for the welfare of South Mi- ami., We believe that people like this are entitled to our - ' praise, both because she has , achieved success in her pri- vate affairs and because she , fa. willing to contribute to °{ the public good. e - ~� •� '•ate 9 • Tara Reporter Thars, sept, 8, 1960 "O'S WHO • •IN S. MIAMI & CORAL GABLES "Bill" This section, is an attempt the customers. Leaders of which will give relief David Shoopman Bill Heyden to set down in print the this type must be included . the sick. Dade Air Conditioning positions these citizens oe= in this review of prominent In addition to this do Hosting Corp. "Skip » IMer cupy in the eyes of their business people. . portant service, this mod negihbors. No one wrote of We. therefore, call your drug store supplies the c, In any occupation in Standard Service Station himself. The material was attention to Mr. Hoagy Car munity with a varied 1 which the worker comes in- A good service station is gathered by Glenn Neat and michael of Hoagy's Muffler of cosmetics. sweets, tot to direct contact with the a vital link in the business Don Evans. Shop at 5839 Commerce cos and many items public, the faetors. of skill, cycle of any community and Lane. Custom work is his household use. efficiency and speed are of the Coral Gables area is comers and are the last to specialty. The host of Hoag- The Nelson Pharmc vital importance in gaining fortunate to have "Bill" attend those departing. The Y's customers gladly rec. 6989 Red Rd. under the rrs. In no will of is this Heyden and "Skip" Loden Corsi Gables, South Miami to ornmend this their friends. This s iontrained sMr. capable d B more true than in that of in further-good d pre they area is ,fortunate in hav- largely due to his guiding Nelson is such a thoroug modern air conditioning and lations. Substantial citizens, ing people of high caliber hand in matters concerning modern firm at it is heating. their business success can in this important business customer satisfaction, serving the praise and t mainly be attributed s their and foremost among these Hoagy considers each anew of this community. A well known and reliable is pant M. Kirby, owner customer a friend and is Rendering a complete person in this tine who spec- belief that good service is and operator of Kirb 'a ializes in modernizing homes a most persuasive card. Texaco Service Stations at ever ready la nedfo any vice with courteous with the latest in complete The people of this area 1601 Coral Way and 6193 movement planned for the friendly treatment for central systems is Mr. Da- have appreciated 'the. good Sunset Drive. further gro wth and pros the Nelson Pharmacy m. vid Shoopman of Dade Air service they always get at you can .rent assure that perity of the area. than fulfills its obligat Conditioning & Heating, Gables Standard Service, when you fill up with Tex- His business success has , to the people and oomkr, 4210 Ponce de Leon, Coral 100 Almeria Ave. "Bill" and been largely due to his real- Ity, Gables. "Skip" feel that because of aco at these friendly sta- ization that in this contact si this they have an obligation tions there will be no miss- with the people it is better Mr. Shoopman and his to keep their standards high. mg on the highways. Tak and more gratifying to real- John JollaltSer enginctra will figure the ing care of the crankcase, ize;a fair and honest profit Mr. Heyden and Mr. Lod- changing oil and complete p Carroll Music correct heat I" properly er have found time to lend lubrication are specialties complete than an exorbitant one. For plan and layout the most a hand to the civic projects of these stations. this and his other upright Your children are gr efficient and .economical they felt opportune and ad- principles we are proud to ing up and their toys d( system to cool your home vantages to' Corsi Gables Paul Kirby, although do- include Hoagy Carmichael Interest them anymore. ; in the warm months and and their confidence in this ing a good job, as an am- in "this review. - they are not yet adults, to give heat whenever nec- bassador of good_ wilt is this period presents a ni sections future growth is willing to do even more esssary. With their own equalled only by their de- D_ �t ben of .educational and sheet metal shop a� sery- - and is a booster for the ten Binger reational problems. TI ice department, Dade A. C. ,termination to - do all they can do to aid It .area. He makes every effort New Hem Go Rmmd time should be oc -pied do Heating Corp. is able to We feel sure that Gables to keep his service stations . their associates ought to give complete Installation of Standard Service Station in step with the areas pro- Restaurants play an tan of good character. So: gress. His help in commun- portant part in the business thing must be done to k central systems in 4 days. with its topnotch service to ity affairs Is as cheerfully and home life of any city them busy and to dev( If you are planing on any the public and Skip and given as are all the little ex- and Mr. Ben Kluger of the ''their better natures. heating for this . coming Bill with their unfailing tra free services you always new Merry -Go -Round Rest- season we suggest that you courtesy and lively interest aurant, 1118 S. Dixie Hwy., A fine good mug'. ai ins. consider this firm that has in progress, will do well. find at Kirby'a Texaco. sent will do more than plays an :outstanding role sist your children thro; been installing A C. and `�, in the realm. Seeing mar , heating terns `throe out Rgsj Lee weslCy their most difficu�t time �.._.w. Joe Vasta'".<''°"" -.- �,..t.....__,lous potential in the ra g-'Rna r t „l the in-Ure- community `for Soutli lrauit ic�l3 many years. Insurance Convalescent Nome for a really outstanding re.s- It will give them an acco ,People of this section are When business or profew taurant this business has to oak t that will help ti fortunate to have an insur= sional people are called upon been operated with an eye to make friends. It will i Benjamin Heller hit them. to devr3op ti ante anent in their midst to help with civic activities on the future and has kept talents unhampered. with whom they can deal and they not only "come pace with the city's growtii Mollie Heiler with confidence and as many through” 'with money or both in good food and ser- south Miami and Cr Gables have long been f, satisfied clients will testify, time but Rive either with a rice. That is why it contiin- Crossroads Fabrics Mr. Joe Vasta, 266 Almeria smile. They are the type of ues to attract a large and iliac with the merits To serve the oubtic hon- has been a real friend to high ethical standings sioo people who become leaders discriminating patronage. the �� Music Corp. estly, efficlendy and cheer many in the Coral Gables, in, -what ever they attempt. The New Merry -G rRoand 292 Aragon Ave., and It fully is the baste foundation South Miami area. One such person is Mrs. under Mr. Klugees direction iNW 17 Ave. and the abi many progressive business His background proves R I ie Lee Wesley of the has undergone extensive re- of its well known propriE people of South Miami have that he is equipped for a South Miami • Convalescent modelin r and redecorating. Mr. John Johansen. the found to be the shortest long term career rather Home, 5990 SW 67 St. She Dining facilities are available fore we do not hesitate route to succeft than for quick sales and Is stands at all times ready to groups' and parties and recommend to our read In making this statement interested in the clients fn- to,do anything for her com. the new Lamplight Room this dependable and the two people we have in ture business as in today's munity. with its custom designed equipped -establWanent. sale. His business policies A woman like Mrs. Wes - lamps 'has a wonderful st- mnd are Ben and Mollie It is a pleasure to v Heiler. The popularity and have made him known as ley' deserves prominent at mosphere in which to enjoy the 'showroom and stud patronage enjoyed by the an upstanding citizen of the tention in a review of this the superb food. of Carroll Music which Crossroads- Fabrics, 7188 community, and his attitude type, although her fine qual- In addition to being an completely air c"tio, toward this area's future ities are well known to the energentic - worker in his SW 57 Ave., accentuates has made 'him 'known as a and .decorated for.' the a the ideals of courtesy and people of South Miami. -No own business 'affairs, Ben fort of students' and ct fine service which they have person willing to give to, pet-son can stay successful never refuses to lend s hand omers who come in for consistently applied to their as well as earn' a living unless they earn and merit in community affairs and strument repairs or to business dealings. from, his city. the public sanction which in thee- matters he she" the latest music. You alw: With insurance, the most can be assured of courts The conduct of such bus determines success or fait- an open mind and a gener- inea.4es has done much to widely used form of finan- dye. Obviously Mrs. Wesley ous attitude. These qualities cial protection, it becomes has her share of popular probably account for his service and treatment make the town folks happy more and more important wide circle of friends in Carroll Music. and cause them to continue approval as South Miami their patronage year after for a city to have a man Convalescent Home is one this area. year and it is fitting that Such as Joe Vasta offering of the most popular in our Paul- Carter we give credit where credit its citizens a full line of area. We are confident that Robert 0. Nelsen so. Miami Speedy Lasnd is due to such people as insurance' and wise counsel. Mrs. Rosie Lee Wesley will Ben and Mollie for their Joe Vasta, insurance ag- continue to keep` stride with Nelson's Pharmacy Back breaking scrubb part in the onward progress enk more than fulfills his this section's progress for Today the modern phar -` of clothes in a steaming 1 of the! city. in doing, Progress obligation to the community. many years to come and Macy having graduated from then with its resultant m we are merely putting into continue to operate a con- the old time apothecary tempers and sme0ly hot words the opinions of those Paul M. Kirby valescent home of which the shop, performs a distinct has been, in a la:-re me who know them. K'a Texaco Sert*ice area is proud. service in its community. vre eliminated by be se Xirb Ben and Mollie Heiler It serves the prescription ices offered by mod have earned their success The people who operate Hoa Carmichael needs of its customers a-ith' laundries. Now ti•� shre by the manner in which this area's service stations � the utmost care and accvr- housewife finds it 's the they have accepted both bus- are among the most im- Honoy's Muffler +hnp acy, thus doimr its share to er and convenier,: let inesc and civic responsibilit- portant in bringing good A successful' business re- promote the health of the laundry do her onrt for I ics. and we trust that their will to the city for they quires the leadership of a community by carefuliy if your family still business will continue to are the unofficial ¢reeting man with a thorough un- compounding from the pur. mong the few d. -ing -pro-per. headquarters for the new- derslanding of the needs of e_•t of drugs, those medicines Contnixed on Page 10 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMXISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ENCOURAGING SUPPORT FOR THE TRAUMA CENTER AT JACKSON MEMORIAL HOSPITAL AND URGING EACH MUNICIPALITY TO CONTRIBUTE ITS FAIR SHARE. WHEREAS, Jackson Memorial Hospital seeks to create a trauma medical center; and WHEREAS, this City recognizes that trauma is the leading cause of death for people under the age of forty ' and therefore a major health issue; and WHEREAS, the aforementioned center will serve equally all citizens of Dade County; and WHEREAS, this City recognizes that Jackson Memorial is the only Level I trauma center south of Orlando, and the only facility capable of, and empowered to offer treatment for trauma. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Each municipality in Dade County is urged to contribute its fair share to the trauma center to be built at Jackson Memorial Hospital, such contribution to be made according to population and usage. Section 2. The Board of Directors of the Dade County League of Cities is hereby supported and encouraged to lend its full support to the efforts of Jackson Memorial Foundation in raising money for the trauma center to be built at Jackson Memorial Hospital. PASSED AND ADOPTED this day of ; 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut '-,JMHTrauma. Ctr to I RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S. V. 61ST COURT AT S. V. 64TH TERRACE BY CREATING A CUL -DE -SAC AND PLACING BOLLARDS AT THE INTERSECTION OF S.V. 61ST COURT AND 66TH STREET. WHEREAS, the City Commission of the 'City of South Miami has created a Safe Neighborhood Improvement; Board of Directors to study areas of the City in regard to crime prevention; and WHEREAS, the City wishes to close S.W. 61st Court at S. W. 64th Terrace by creating a cul -de -sac and placing bollards at the intersection of S. W. 61st Court and S.W. 66th Street. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission does hereby authorize i public hearings to be held by the Planning Board and City Commission in regard to closing S.W. _ 61st Court at S.W. 64th Terrace :by creating a cul -de -sac and placing bollards at the intersection' of S.W. 61st Court and S.W. 66th Street. PASSED AND ADOPTED this day of 1989, APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \61stCourt.close r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COXXISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, OPPOSING METROPOLITAN DADE COUNTY'S PROPOSED MERGER OF MUNICIPAL POLICE DEPARTMENTS VITH THE METRO- DADE PUBLIC SAFETY DEPARTMENT. WHEREAS, there has been proposed by Metropolitan Dade County an amendment to the Dade County Charter to require the merging of the municipal police departments into Metropolitan Dade County under the Metro -Dade Public Safety Department; and WHEREAS, this proposal has not been previously discussed publicly as part of the Charter Review Process, nor has it been submitted to the twenty -six municipalities for their consultation and review; and WHEREAS, this proposal is detrimental to the health, safety and welfare of the citizens of the City of South Miami and all other municipalities in Dade County. 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 strongly oppose any Metro- Dade County Charter Amendment proposing a merger of the municipal police departments of Dade County under the Metro- Dade Public Safety Department. Section '2. That the City Clerk is hereby directed to furnish true copies of this resolution to all Metropolitan Dade County Commissioners, the County Manager and County Attorney. 1 PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Reso1ut \Merger RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAXI, FLORIDA, AUTHORIZING THE ADMINISTRATION TO CREATE A RECREATION DEPARTMENT TRUST FUND ACCOUNT. WHEREAS, the Recreation Department of the City receives donations from the public specifically earmarked for recreation programs; and WHEREAS, the Administration wishes to establish a separate trust fund account to effectuate this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a Recreation Department Trust Fund Account is hereby established in the City's fiscal year Budget, such account bearing the number and entitled: PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: I CITY ATTORNEY Resolut \recreation.Trust 13 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAXI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR STREET REPAIRS. WHEREAS, areas of the City, including Commerce Lane, Progress Road and - adjacent areas are in need of ' street paving; and WHEREAS, the Administration = recommends that the City retain a private contractor for these necessary repairs. NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby authorized to retain General Asphalt Co. , Inc. for the amount of $35, 040. 00 from Government Bid to do the street paving described as reflected in the contract and schedule attached hereto. Section 2. That funds for this expenditure shall come from Account No. 1730 -4640 entitled: Maintenance and Repairs of Streets and Parkways. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Street.repairs AGREEMENT FOR STREET RESURFACING THIS AGREEMENT entered into this day of , 1989 by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation, hereinafter referred to as "CITY" and GENERAL ASPHALT CO, SNC.,a Florida corporation, authorized to and doing business in Dade County, Florida with its principal place of business located at P.O. Box 52 -2306, Miami, Florida 33152, hereinafter referred to as "CONTRACTOR ": WITNESS'ETH • WHEREAS, CITY desires to have CONTRACTOR provide street resurfacing in the City as reflected on Schedule "A" attached hereto; ; and WHEREAS, CITY desires to contract with CONTRACTOR in accordance with the specifications and bid set forth in Dade County Bid number DC650706, copies of which are attached hereto and incorporated herein by reference NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties as follows: 1. The parties hereby expressly incorporate all the provisions set forth in the Invitation to Bid, the `General Specifications and the Special Provisions of Metro Dade County's Bid Number DC650706. 2. CONTRACTOR agrees to furnish all labor, materials, and equipment necessary to perform the work provided for in the Dade County "Contract Documents" for street resurfacing and other related work for the area of the City of South Miami which is more fully described in Schedule "A ", attached hereto and incorporated herein by reference, except for the following changes: 1. "Engineer "` shall be replaced with "Public Works Director or her designee.." Al 2. "Dade County" shall be replaced with South Miami" 3. Prior to the commencement of any work, CONTRACTOR shall furnish CITY with Certificates of Insurance and Bonds as follows: (a) Workers Compensation Insurance as required by Chapter 440, Florida Statutes. (b) Public Liability Insurance on a Comprehensive Basis, in the amount of $500,000 per occurrence for Bodily Injury and Property Damage combined. (c) Contractual Liability Insurance, covering all liability arising out of the terms of the Contract Documents. (d) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in the amount of $500,000 per occurrence for Bodily Injury and Property Damage combined. (e) Owner's Protective Liability Insurance issued in the name of CITY as sole insured in the amount of $500,000. This policy must be endorsed to indicate that any premium, whether deposit or final, will be the sole obligation of CONTRACTOR. (f) Performance and labor and materials bonds, each in the amount of $35,000.00 the maximum total amount to be paid Contractor by the City for the work to be performed.' 4. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until, at least,, thirty (30) days after prior written notice has been given to CITY. These policies shall remain in force during the term of this Agreement. 'All ` liability insurance shall be obtained from companies licensed to do business in the State of Florida. Comparable insurance shall be provided for any employee engaged in hazardous work not 'covered _by Worker's Compensation Insurance. 5. CONTRACTOR agrees to provide services and CITY agrees to pay CONTRACTOR for services in accordance with the schedule prepared by the City and attached hereto as Schedule "A" The Contractor and City expressly agrees that there shall be pre- work conferences at which time all areas of work and scheduling of work to be performed shall be as agreed to by the parties. 6 Payment to CONTRACTOR shall be made upon completion of the entire work involved in this Contract and upon acceptance thereof in writing by the Director of Public Works, the balance due for the entire work shall be paid to CONTRACTOR. 2 Total payment to CONTRACTOR shall be an amount not to _exceed $35,000.00 The CITY may, upon specific authorization from the City Commission, order extra work in excess of that shown on Schedule "A ", and CONTRACTOR shall be paid in accordance with the application of unit prices as 'shown in CONTRACTOR's proposal. All damages, prior payment and other charges shall be deducted from the final payment due CONTRACTOR. 7. Final payment shall not be made until final inspection is made by CITY, all work is completed, the Agreement is fully performed and the final application for payment has been approved by CITY. 8. CONTRACTOR shall be fully responsible to CITY for all acts and omissions of subcontractors. CONTRACTOR shall furnish CITY with appropriate partial releases from all subcontractors and materialmen in connection with the work performed and progress payments requests together with the final releases with the request for final payment. The acceptance by CONTRACTOR of final payment shall operate as a release to CITY from any and all ,claims of CONTRACTOR against CITY. 9. CITY is the primary party responsible for supervision of the project, including all inspections and approvals and shall' decide all questions relating to he quality and acceptability of work performed under this Agreement and all decisions regarding' same. 10 It is understood and agreed upon by and between the parties that CONTRACTOR shall commence work upon receipt of- CITY's Notice to Proceed. CONTRACTOR shall complete all work as prescribed in this Contract within thirty (30) days from the bilateral execution of this agreement unless specifically agreed to by the consent of both parties, and as more specifically set forth in Schedule "A ", a copy of which is attached hereto and incorporated herein by reference. 11. It is agreed upon by and between the parties that TIME IS OF THE ESSENCE. CONTRACTOR shall proceed with the work called for in this Agreement in an orderly, systematic, progressive and workmanlike manner. Upon failure of CONTRACTOR to complete the 3 work required under this Agreement or any portion thereof within the time allowed for ` completion, CITY shall retain the sum of one Hundred Dollars ($100.00) from the final payment due CONTRACTOR for each calendar date that is required to complete the work above and beyond the schedule as set forth in the previous paragraph. Liquidation of damages will accrue until the date of the final approved inspection. 12. CITY reserves the right to adjust the size of the project to add additional projects and to adjust the time for completion when agreed to by both parties in writing, subject to the approval' of the City, Commission. 13. CONTRACTOR shall be deemed to be an independent contractor and not an agent or employee of the CITY. CONTRACTOR represents that it carries the proper workman's compensation insurance as required by the laws of the State of Florida. 14. This is a personal services Agreement whereby that CITY has expressly retained CONTRACTOR. This Agreement is not assignable or transferable in whole or in part without the prior expressed written consent of the CITY. 15. This Agreement constitutes the entire agreement between the parties. Any amendments hereto or changes connected, herewith must be made in writing and signed by CONTRACTOR and CITY. 16. CONTRACTOR warrants that all work performed shall be of good quality, free from faults and defects, fit for the purposes intended and in conformity with the specifications set forth in the Invitation to Bid. 17. CONTRACTOR agrees that is complies with all State and Federal regulations pertaining to unlawful employment practices and in particular Section 760.10, Florida Statutes, and shall not (1) discharge or fail to or refuse to hire any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges or employment` because of such individual's race, color, religion, sex, national origin, age, handicap or marital status; (2) limit, segregate or classify employees or applicants for employment opportunities, or adversely 4 affect any individual's status as an employee, because of such individual's race, color, religion, sex, national origin, age, handicap or marital status. 18. CONTRACTOR agrees to indemnify and hold the CITY harmless from any and all claims, suits, actions, damages, or causes of action arising during the terms of this Agreement, including reasonable' attorney's fees at trial or - appellant levels, for any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the acts or negligence of CONTRACTOR, its subcontractors (or subcontractors of subcontractors, its agents or employees as related to this Agreement. 19. This Agreement is entered into subject to the provisions of the Charter and Code of Ordinances of the City of South Niami' and applicable Federal, State and County laws, all of which are incorporated herein by reference. Any disputes under this Agreement shall be settled according to the laws of the State of Florida and venue shall be in Dade County, Florida. 20. CONTRACTOR assumes full responsibility for having familiarized itself with the nature and extent of the specifications upon which the bid was made and all regulations that may in any manner affect the materials and work to be provided. 21. If CONTRACTOR shall be adjudged bankrupt,or if it should make a general assignment for the benefit of creditors, or if a receiver should be appointed due to the CONTRACTOR's' insolvency, or if it should persistently disregard laws or ordinances, or is otherwise guilty or any substantial violation of any provision of the Agreement, the CITY may terminate _this, Agreement without prejudice to any other right or remedy of the CITY. 22., Should CONTRACTOR fail to perform any of the provisions set forth herein, said breach shall constitute ' -a default under this Agreement. 5 SCHEDULE "A" STREETS TO BE REPAQED 1. Commerce Lane 1014 Feet 2. Progress Road -- 1000 3. S.W. 59th Ave from 62nd Terrace to 64th Street 750 " 4 S.W. 68th Street from Red Road to S.W. 58th Avenue - 1000 5 S. W. 63rd Street from S. W. 69th Avenue to S.W. ` 59th Court - 800 6. S, W. 62nd Terrace from S. W. 59th Avenue to S.W. 57th Court 850 7. Webb Street (this street must be totally reconstructed and paved) - 585 114 RESOLUTION NO, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO UTILIZE COMMUNITY VOLUNTEERS FOR RESOURCE SERVICES IN CONNECTION VITH CITY CONCERNS. WHEREAS, there are many community residents who desire to volunteer their services in connection with City issues and projects, but who do not have the time to make long commitments to serve on the standing boards, or committees of the City; and WHEREAS, the Mayor and City Commission desire to have the City Administration made aware, of these volunteers and keep their names on file in order to assist 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 of the City of South Miami hereby authorize the City Manager to'utilize community volunteers as resource personnel to assist with City concerns. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK- READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Volunteer.Resouce RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CLEAN BREWER, CANAL. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it in the public interest to clean Brewer Canal,_ and WHEREAS, the City Administration is recommending that the work be performed from Government Bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Brewer Canal be cleaned by World Environmental Services, Inc. from Bid at a total cost of $7,500.00, to be paid from account No. 1750- 4670, entitled: Maintenance and Repairs. PASSED AND ADOPTED this day of 1989. APPROVED: I MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Brewer.Canal _.. ,. .......tee _.ark.. .. _.... _ �® Cit of South Miami � a i INTER —OFFICE MEMORANDUM TO: City Manager Hampton o"TE. October 11, 1989 City Attorney Dellagloria✓ Finance Director Corbliss FROM! , SUBJECT: Agenda Items referencing Public Works Dire McGuire Public Works proposed' for Commission Approval 10/1718 Herewith find information necessary to place a sixth (6) item for Commission Approval on Agenda of October 17, 1989. Project: Cleaning of North Leg of Brewer Canal and Prunning Trees and Roots along Tennis Courts Firm: World Environmental Services Inc. 136 SE 25th' Avenue Boynton, Beach, Florida 33435 Contact Person: Michael Abbruzze (407) 737 -1131 Cost: $7,500.00 Account to be Charged: 1750 -4670 - Maintenance and Repairs Grounds & Structures Bid Number (_to follow under separate cover) For your information, please find listing of additional items previously submitted Project: Street Resurfacing Cost: $35,000 Account to be Charged: 1730 -4640 Maintenance & Repairs Streets and Sidewalks Project: Refurbishing of City Gas Tanks located at City Hall Cost $58,000 Account to be Charged: 1760 -6430 Equipment Operating Project: Repair to City Crane #21 -33 Cost: $1,495 - Account to be _Charged 1760 -4680 Outside Labor Item: Purchase of 3/4 Ton Pick -up Truck For Parks Division Cost: $13,698.00 Account to be Charged: 1750 -6430 - Equipment Operating Item.: Purchase of ten (10) Sanitation Dumpsters Cost: $2,820 Account to be Charged 1720 -6430 - Sanitation Equipment Operating RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO REPAIR A CRANE IN THE PUBLIC WORKS DEPARTMENT. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it necessary repair a city crane; and WHEREAS, the City Administration is recommending that the item be repaired from Government Bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That City Crane #21 -33 be_ repaired `by Jack Lyons, from Dade County Bid No. 0014- 6- 89 -OTR at a total cost of $1,495.00, to be paid from account No. 1760 -4680, entitled: Outside Labor. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Crane.Repair .. Cit of South th Miami INTER - OFFICE MEMORANDUM TO' City Manager Hampton DATE: October 10, 1989 FROM: Public Works Director M uire SUBJECT: Repairs to City Crane #21 -33 In accordance with our conversation of yesterday and my subsequent memorandul of today referencing the conditions of our City cranes at present, we have one (1) crane that is operable. It is Crane #21 -31A our recently purchased crane. To alleviate numerous calls to your office and to assist in facilitating the effeciency of the trash pick -up, we have had crews dispatch. to fork small trash with pitch forks and load; it into -a garbage truck. This effort has greatly assisted in alleviating the trash backup. The repairs needed to City Crane 21 -33 are in the area of the differential (rear -end). With your concurrence so as to expedite the repair of this crane and to insure a smooth transition with the delivery of trash service, it is essential that this item be placed on the Commission Agenda of October 17, 1989 Item: City Crane #21 -33 (repair to differential) Vendor: Jack Lyons (also Contact Person - (305) 884 -4222) 8402 NW 96 Street Medley, Florida 33166 Dade County Bid Number: 0014- 6- 89 -OTR Cost of Repair: $1,495.00 Account to be Charged: 1760 -4680 Outside Labor RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO REFURBISH THE GAS TANKS AT THE CITY HALL COMPLEX. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it in the public interest to refurbish the Gas 'Tanks at the City Hall complex. WHEREAS, the City Administration is recommending that the work be performed from Government Bid. NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY - COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Gas Tanks at the City Hall complex be refurbished by Service Station Aid, from Dade County Bid No. FML- 293 at a total cost of $58,250.00, to be paid from account No. 1 760 -6430, entitled: Equipment- Operating. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Refurbish.Tanks . .'� C t i y of South Miami INTER— OFFICE MEMORANDUM ro: City Manager Hampton DATE: October 10, 1989 �~ City Attorney Dellagloria r FROM* Public Works Dire tor, Helen McGuire susrecT: Refurbishing of City Gas Tanks located at City Hall site As per Florida State Regulations and susequent to Commission approval, herewith find information necessary to include the refurbishing of City Gas Tanks ,located at the City Hall on the next Commission agenda. Project Refurbishing City Gas Tanks at City Hall Site Vendor: Service Station Aid 81 NE 21 St. Miami, FL 33137 Contact Person: Jim Nash Telephone number (305) 573 -7420 Account to be charged: 1760 -6430 Equipment Operating Dade County Bid Number: FML 293 date opened Commission approved cost: $58,000.00 _ ,f£ c= ,- s .tr,r unrc»saQn o'f9ql '►rl&Sa cedar• a* 1I_rc.TFicynl IIN[S PLU011101nG L474AJ w,LL of Wb"n,paSEFtViCE STATION AID INC. '1 NSE ANV SPECIAL tt . m.. r ir.l r. C 81 NE 21st Street,-, •F i t LLUTION '.a .Illy firm MIAMI, FlUftiUA 3,�1,c37,r�,: iartk. It It Ute owller•s'rps{rrlsl►ylfity t10 twTx7Vy Q>, c{rnrtrc�l r,:. .•rte;; ct�lrtliNl.,EN♦ , (305) 573 -74$iQ 's tfrffA t.lw tank. GENC'r wtl; •il nrLL[nCxtHa , t +, � .At ;.uin l�rt:• ru -- _ luurt+ u,•, CI fl OF SOUTH hSiA`r1I 667-5691 6/2/89 AM I DRIVE l' r LrArl AND M* ;. _ - -- - - - _ . __ - -- -- - -- - -- - -- - -,bl IGP 4111 A11; d1 MIA-►1, FL. 33143 +, I IC f _ -. U11I or 1'1ANo )( It N.0,41 C.13. CHRIST'1f__- +r befeby Subrna t ptc,flca;+ons and c sbrnates for Labor, material. & equipment to do the foLLowLng: 1. Obtain permits from D.E.R.M. 2. Remove &;L'egalLy dispose of two (2) 4000 gaLLon' underground tanks 3. Furncsh & instatL one (1)- 10,000 gaLLon fLbergtass coated steel. tank. 4. Tank Ls to have over f i t. L_& overspi L L r 5. ALL pLpLng to be 2" singLewaLL fibergLass G. Furnish & LnstaLL one (1) 3/4 11P Red .Jacket sub pump, w /Leak detectors 7. Furthsh 3 irnstaLL- orre (1) Bennett- 3700 series dual dispenser. 8. Furnish & instaLL one (1) SenteneL ILIA card system. 9. furnish necessary eLectrLcal For fuel system. 10. Repour concrete with 3000 [151 wire - reinforced concrete. 11. Ctean up job si to & check 'system for proper operat -Lon. OTAL $ 58, 250 . U0* *NOTE - If new dispensers and sett.) pump are no desired, deduct $4,150.00. 111vt JJr1 pvnr tiueby'to fur,i,h ni-merial and litt-,or - romplete in ao.ordancc waft above speciflcatlr,ns, fcr the sum o- F I F TY EIGHT 1 -f I0USAo%D" TIVO I IL1NDh l'0 AND _ FIFTY ----------- 58 250.00 �f'�ymrnl Io fined,• r5 toflows: -- -- - -- -' -- - - -- - --- - - -__. dollars ($ - - -� � 50 "., DUE UPON SIGNING OF CONTRACT---- - - - - -- - - - - -- $ ; 29, 125.00 BALANCE DUE UPON C10i'01't -ETION •--- - - - - -- - $ 29,125.00 tntarnni u. gum, rd to be a, spw. i rd A.1 ,I, lu he tr nydrted n alvur► uanhk.. nnn «i ae ,., u(+n, L. stmutr:d lamirtes- Any inrt.n. •i• ur d,.r.d„n, bunt at nve :I.v.,b+,r .yV(dflpfl7rY1 I . -, �JZ {nrns ,:rvuhrn,p r•trw cu—.I% wdt be esetutrtt o,dy u;r,o wt+tiru onbvs. and w.,l t!er r-n. eatta cliatp. rrre err.t at.r v this eshwete 1.11 aKn•rn r + tv r+ed ui r•.d niwn ink s .!c ,d.•nl•. 1 ar delay► b, y.n,.l +ua funt,ol. Uwnef to ,arty rnr_ I", !1 lnd rdho #I- ".5-11Y rrvoran. �•. �•t�' ? hl'.1•r , r••;.d In.+y f!r TI 111.TY ('10) ,:jr wotkrr•, err tint, tuvered by y:mkmr:.,'s Lr.rnttcr ..d,.n h,5waor:e- L,Ihdl wu }i+y u5 ,! not :,r,., •Id+ d wdtUit._- ' -.. _ -- _. _. _ d;:r7- •k •rrr�.l tattri of 1 ri+ nS'N! -- �fu• a1N +yU I1riCl.S S( +::Crilf :,ii6ll`• - ' : n :rturr- .tnt1 Mretfrhons alt tattstaclvey anti •Irr 61a. l y .0 , Iq,fcll. You . rc ;Ililtun,l� rt - .. - . lr do thr work :r _Iv. -Led r'syment w4l In, r •t•• .r. walmed ntu•n . flare of Acrer :.:+nte: - - _ -_.___ _ —.. -- • - __- ___� -- T _- ::. r RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A PICK -UP TRUCK FOR THE PUBLIC WORKS DEPARTMENT. WHEREAS, upon recommendation of the Publics Works Department, the City Administration deems it necessary to purchase a 3/4 ton pick -up truck; and WHEREAS, the City Administration is recommending that the truck be purchased from Government Bid: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND. THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a 3/4 ton pick -up truck, a 1990 Ford F- 250, be purchased from Don Reid Ford, from Government Bid No. 88- 89 -032 at a total cost of $13,698.00, to be paid from Account No. 1750 -6430, entitled:' Parks,' Equipment operating. PASSED AND ADOPTED this day of , 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY' Resolut \Pickup. Truck INTER—OFFICE MEN1t3RANDUN! City Manager Hamptol, DATE: October: 2, 1989 City �.ttorney Dellaglori_I Public zrtor s Director McGuire SUBJECT* 3/4 Pick -up Truck :herewith find information needed to place the purchase of one (1) 3/4 pick -up truck for the Parks Division as so approved in City Budget of 1989/90. We have been able to hold the last remaining " 1990 3/4 pick -up truck now on -hand at Don Reid Ford We may expect delivery upon sixty (60) days of approval and subsequent receipt of a Purchase Order. ITEM: 3/4 Ton Pick -up Truck MODEL: 1990 Ford F -250 Account to be Charged 1750 - 6430 Cost: $13,698.00 Vendor: Don Reid Dord PO Dox M t n ", FIa 32751 Phone: (407) 644 -8111 Cit1 of Miami Bid Number: #88 -89 -032 We requested $14,000 in the 1989/90 Budget to purchase this vehicle. We were able to purchase it at the same price that we purchased our 1989 Model; which wculd net a savings of approximately $300.00. t� _ CITY OF MIAMI, FLORIDA BID NO. 88 -89- 'SPECIFICATIONS ITEM VIII 3 /4 -TOU PICKUP TRUCK ESTIMATED QUANTITY: -3/4 Ton Pick-Up Trucks GENERALS' Provide F250 Ford pickup truck' or equal, with "heavy duty vinyl bench seat and swing -away low mounted side mirrors. ENGINE: Diesel 5.9 liter min. STEERING: Power steering BRAKES :' Power brakes FRONT AXLE: 3,800 Lbs. GAWR min. REAR AXLE :' 6,000 Lbs. GAWR min. TRANSMISSION: Automatic, 3 speed with external cooler BODY: Eight (8) ft. fleetside pickup body TIRES: LT235185R -16 - tubeless with conventional spare mounted. PAIN::' Factory White with Dark Blue interior REAR BUMPER: Heavy Duty step type bumper with pintle hook AIR CONDITIONING: Factory installed air conditioning with air conditioning insulation package SHOCK ABSORBERS: Heavy Duty shock absorbers GAUGES: Engine oil pressure, engine temperature,- and amp. or volt meter gauges. Gauges to be installed at the factory and 75 amp alternator minimum. FUEL TANK: To be 33 gallons minimum (dual tanks accepted) COOLING: Extra capacity cooling system UNDERCOATING: Complete undercoating of frame and undercatriage, including fenders and hood. if hood is padded, apply undercoating to exposed metal surfaces only (NOTE: Dealer responsible for proper application) RUSTPROOFING: Ziebart, U.S. Rust Control, or approved equal with 5 years or 50,000 miles written warranty against rust which provides for the repair of any rust damage that may occur during that period. Money- back guarantees will not be acceptable. Manufacturer's warranty for. - perforation from corrosion will not be accepted as substitute for this item. RESOLUTION N0, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SANITATION DUMPSTERS. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it in the public interest to purchase Ten (14) sanitation; and WHEREAS, the City Administration is recommending that the items be purchased from Government Bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ten (10) two -yard sanitation dumpsters be purchased from Hesco Sales, Inc., from Dade County Bid No. 1062- 790 at a total cost of $2,820.00, to be paid from account No. 1720 6430, entitled: Sanitation Equipment - Operating. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Dumpster.Purchase Citg of South Miami INTER- OFFICE MEMORANDUM TO: City Manager Hampton DATE: October 4, 1989 City Attorney Dellagloria Y/ .FROM._ SU9JEGT: Public rks Director McGuire Sanitation Dumpsters As per Commission approved purchase for this current budget year, herewith find information necessary to place 'ordering of ten (10) sanitation dumpsters on next avaialble Commission Agenda. Items: Ten (10) two (2) yard Sanitation Dumpsters Vendor: Hesco Sales Inc. 4295 East 11th Avenue Hialeah, Florida 33013 Contact Person: Chris Hutzel @ (305) 685- 7708 Dade County Bid Number: 1062 -790 Expires 7/31/90 Cost: $279.00 per unit X 10 $2,790.00 + 50.00 delivery charge Total Purchase Cost: $2,820.00 Account to be charged: 1720 -6430 Sanitation Equipment Operating z � ti ORDINANCE NO. AN ORDINANCE OF THE MAYOR AHD CITY COXXISSIOR OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY•S ADOPTED COMPREHENSIVE PLAN, SUCH AMENDMENT TO BE THE DESIGNATION OF GENERAL RETAIL USES ON PROPERTY DESIGNATED CURRENTLY AS LOV INTENSITY OFFICE. WHEREAS, pursuant to Resolution No. 33 -89 -8013, the Mayor and City Commission initiated an Amendment to the Comprehensive Plan; and WHEREAS, at a public hearing on July 25, 1989, the Planning Board voted 5 -0 to grant the Amendment. NOW, THEREFORE, BE IT ORDAINED 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 hereby Amends the current Comprehensive Plan of the City, the Amendment taking the form of changing the land use designation from low intensity office to General Retail on property legally described as attached on Exhibit "A hereto, also known as b6 'W- 5 h Av ea u e. , c.ilth Miami, F1oi 1G4. Section 2. This Ordinance shall become effective upon adoption after all necessary review by the State, Department of Community Affairs. section 3. That upon adoption, the Official Zoning Map of the City shall be amended to reflect this change in designation. PASSED AND ADOPTED this day of 1989. APPROVED MAYOR ATTEST: OiTY CLERK - READ AND APPROVED AS TO FORM: CITY ATTORNEY C�rdins �� npre'�an�'_ve. clan Fine Jacobson Schwartz Nash Block & England One CenTrust Financial Center 100 Southeast" 2nd Street Miami, Florida 33131 (305) 577 -4000 Fax (305) 577 -4088 June 12, 1989 Ms. Sonia Lama Director, Planning and Zoning_ City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Brandon Company Comprehensive Plan Amendment Application Dear Ms. Lama Attached is a Special Application to Amend the City of South Miami Comprehensive Plan on the property currently referred to as the Anthony Abraham Property from Low Intensity Office to General Retail Use This Application is being submitted pursuant to Resolution 33 -89 -8013 adopted on April 4, 1989 In addition to this Application which has been prepared in conformity with the amendment procedures and guidelines which you provided to us, I am also submitting a copy of your traditional Application for Public Hearing Before the Planning Board. Finally, I am submitting the required $500 filing fee for the Amendment'to the Comprehensive Plan. _If you have any questions or if you need additional information, please feel free to contact me at any time. Very truly yours, `Carter N. McDowell CNM /aw Enc. ILT0612CNM Barnett Bank Plaza Suite 1100 - Barnett Bank Building Suite 348 One East Broward Boulevard 315 South Calhoun Street Ft. Lauderdale, Florida 33301 Tallahassee, Florida 32301 (305) 462-2800 (904) 681 -9500 Fax (305) 527 -8747 Fax (904) 881 -6651 SPECIAL APPLICATION TO AMEND THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN I. APPLICATION FORM A. APPLICANT The Brandon Company Bayview Executive Plaza 3225 Aviation Avenue, Suite 600 Coconut Grove, Florida 33133 305/854 -8855 B. APPLICANT'S REPRESENTATIVE Carter N. McDowell, Esq. Fine Jacobson Schwartz Nash' Block & England 100 S.E. 2nd Street Miami, Florida 33131 305/577 -4023 By: b h 40 ' Carter N. McDowell, Esq. X Date C. The Brandon Company is the contact purchaser of the property that is the subject of this application (the Property ") The property is owned by Anthony R. Abraham 6600 Red Road, South Miami, Florida 33143. II. PRECISE DESCRIPTION OF REQUESTED CHANGE A The Property is legally described as follows: PARCEL NO. 1 All of Tract 1 of the revised Plat of FERNWOOD, according to the 'Plat thereof, recorded in Plat Book 35, at Page 72 of the Public Records of Dade County, Florida less' the South 475.657 feet of the West 100 feet and less also the East 150 feet of the South 330 feet and less also the South 125 feet of the West 175 feet of the East 325 feet and less also the East 75' feet -of the West 175 feet of the South 125 feet of said Tract. PARCEL NO. 2 East 75 feet of the West 175 feet of the South 125 - feet of revised Plat of FERNWOOD recorded in Plat Book 35, at Page 72, of the Public Records of Dade County, Florida. PARCEL NO. 3 The North 132 feet of the SE 1/4 of the NE 1/4 of the SE 1/4 of Section 25, Township 54 South,_ Range 40 East, less the North 25 feet of the North 132 feet of the SE 1/4 of the NE 1/4 of the 'SE 1/4 of Section 25 Township 54 South, Range 40 East. PARCEL NO. 4 That part of the SE 1/4 ' of the NE 1/4 of the SE 1/4 of Section 25, Township 54 South, Range 40 East described as follows: Begin at the SE corner of said SE 1/4 of NE 1 4 ' g / of SE 1/4, thence run West along the South dine of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 185 feet for a point of beginning; thence run North parallel to east j line of said SE' 1/4 of NE 1/4 of SE 1/4 for a distance of 150 feet; thence run West parallel to the South line of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 100 feet, thence run parallel to the east line of said SE 1/4 of the NE 1/4 of :SE 1/4 for a distance of 150 feet to the south line of said SE 1/4 of NE 1/4 of SE 1/4; thence run East along said south line of SE 1/4 of NE 1/4 of `SE 1/4 for a distance of 100 feet to the point of beginning, less the South 25 feet for public road purposes PARCEL NO. 5 I The North 180 feet of the South 330 feet of the East 150 feet of Tract No. 1 of FERNWOOD, a subdivision recorded in Plat Book 35, at Page 72 of the Public Records of Dade County, Florida. B. See Attached Map. C. Amendment of Future Land Use Map designtion of the Property from Low Intensity Office to General Retail is being requested pursuant to Resolution No. 33 -89 -8013 adopted by the City of South Miami City Commission on April 4, 1989 III JUSTIFICATION FOR AMENDMENT The Proposed Future. Land Use Map Designation Amendment from low intensity office to general retail is justified on several different bases. First, to correct an error or oversight in the newly adopted Comprehensive Plan. The Property has historically been designated for General Retail Use and is currently zoned C -3, Arterial Commercial. This Property was originally developed as a' community shopping center with the lead tenant being the Steven's Food Market and other smaller retail uses. After the food market 'went out of business, the 'property was occupied by a succession of retail uses, including the "Yum Yum Tree a skating rink and now a mixed use complex containing offices, retail uses and nightclub /retaurant uses. It is the applicant's belief that this Property should again be designated for General Retail so that they can redevelop a community shopping center on the site of approximately 135,000 sq. ft. Second, the proposed community shopping center will be open to and provide services and job opportunities for the immediately surrounding neighborhood. In contrast, a Tow scale professional office complex would, by its very nature, turn' its back on the immediately surrounding neighborhood and would provide services mainly to residents in the larger surrounding area as opposed to the adjoining neighborhood. A quick review of the area north of U.S. l -shows that there are very limited retail facilities available to serve the neighborhoods north of U.S. 1. As a result, the redevelopment' of the 'property into a community shopping center will provide better and more direct service to the neighborhoods north of U.S. 1 than the low intensity office designation. .` Third, while there is no guarantee that any particular South ,Miami resident will find employment on the Property, the development of the Property as a community shopping center will provide between 300 -400 new jobs, many of which will not require the exceptional educational qualifications q P that are typically associated with a professional office complex. As a result, many of the residents in the immediately surrounding neighborhoods will be eligible for jobs within the community shopping center that they would not otherwise be eligible for if the property were developed as a professional office complex. -2- i In short, we believe that the redevelopment of -a community shopping center on this site will return the property to its original use, will provide specific necessary services to the surrounding neighborhoods and will allow for and provide for the achievement of the goals of the South Miami Comprehensive Plan in 'a manner that is more compatible with the neighborhood than the current low- density office designation for the Property. IV. ADDITIONAL MATERIAL SUBMITTED No additional material is .being submitted at this time, however, an Impact and Compatibility Analysis as required by Rule 9J- 11.006(b) Florida Administrative Code will be submitted after the initial public workshop before the Planning Board. In addition, to the issues raised by the Florida Administrative Rule, the Impact and Compatibility Analysis will also attempt to address any issues raised at the initial public workshop with the Planning Board. lDC0612CNM _3_ i 7/19/89 RED -DIXIE CENTER Reponses to 9J•11.006 (1)b Response to ' Department at Gomsoutnity Affairs (9J- 11.006) (1) (b) submittal requirements for proposed local government Cauprehensive Plan Amendments TABLE OF CONTENTS Page Description of Proposed Plan Amendment 1 Future Land Use Map la Present Land Use Map lb Compatability`of Proposed Land Use 2 -6 Impact on Public Facilities 7 -13 Blighted Areas (Figure 1.8) - 28L Responses indexed per Section 6 Paragraph 9J- 11.006 (1) b Paragraph Page 1. Proposed Puture Land Use plan Map la 2. Present Land Use Designations lb 3. Size of Subject Property 1 4. A Description of the availability of any demand on the following Public Facilities: Sanitary Sewer 7 -9 Solid Waste 7 -9 Drainage 7 -9 Potable Water 7 -9 Traffic Circulation 10 -13 5. Compatibility of the Proposed Land use 2 -6 amendment to current objectives and policies. RM Y I. ""r""-.r�� _ •i � 4 s1.:y, � .a' ! : ! �[ -�+J► � a .,t`„�,.a...� - �r� .*` .. Y- "i•r:..: �Sx .i. •j' yet ,i7•+ „i s .ice" +; I I: LJ: r .r,' �. . 'a -' %' �. � •` w + DESCRIPTION 'OF ;PROPOSED PIaN AEMfDMm The proposed plan amendment imalves a request to anal the Adopted City at South Nisei C * . .- enaive Plan Futum Land Qsa Map designation of subject property- froze Lov late"I olticm to General Retail Use. This amendment is submitted putauant to Resolution 33 -89- 8013, adopted by the Mayor" and City Commission Of the City of South Miami, Florida, on April 4, 1989. The subject Property,, which will be referred to as the Red -Dixie Center,, a community shopping canter, encompasses approximately 7.2 acres and is situated at the northwest quadrant of the intersection of SW 68th Street and SW 57th Avenue (Red Road) The Property has historically been designated for General Retail Use and is currently zoned C -3, Arterial Commercial. Originally developed as a community shopping center with Stevens Food Market as the lead tenant and other smaller retail uses, the property has been occupied by -a succession of retail uses and now functions as a mixed use complex Containing offices., retail uses and restaurant /nightclub uses. The existing mixed use retail complex contains approximately 60,000 square teat of gross leasable floor area. The proposed community shopping center till contain approximately 135,000 square 'feet of gross leasable door area. lin It i •S ii .' • '� .r• =� £!s .• � j j _ Z�+.3�� - 3"��r•y+t. COMPA71BILM OF THE PROPOSED LUM USB A1+18N=D XT WM LUID USE EUDWT OWECTIVES AND POLICIES AND THOSE OF OTMM AFFECTED ELEWTS Land Use Goal 1: To preserve and enhance the City's stall town character Policy 1.1.3 in reviewing p a aa�ads+ebts to this plan and the SonlM l�aP, compatibility with adjacent uses shall be the as jor determinant. Compatibility Analysis: The proposed Future Land Use Up Designation Amendment of subject pi-Pperty from -Low Intensity Office to General Retail will restore the historical coupatibility with adjacent uses that ' existed prior to development of the newly adapted comprehensive Plan. Subject - pro currently retains an arterial Ccaema�es�, C -9 z=tIr4 ciassitication and Us been designated for General Retail Use historically. Subject propatty. bound" by Red Road to ths, ;east, the Caaerce Lane auto repair area to the south, an electrical substation to the weft, and aulti- family residential to the north is fully compatible with adjacent land use. The requested General Retail Land Use Designation will preserve an established retail for South Miami - residents. com- patibility with Policy 1.1.2 will be achieved. objective 1.2: Achieve redevelopment and renewal of the two blighted areas by 1998. Such _ redevelopment and renewal shall be consistent with.the Future Land Use Map. Compatibility Analysis: The subject property is located outside, but contiguous to the Commerce Lane auto repair area, which is designated as a blighted area (Sea Figure 1.8) Designation and redevelopment of subject property with General Retail uses, more specifically a comunity shopping center, will aid in achieving the lonq teas objective of redevelopment and renewal of the Commerce Lam area. Objective 1.2, as it relates to the Cossesve Lane aatrea, will be supported and furthered tti the positive influence of an a tally pleasing Com:nmity Shopping Center on the subject property. +_ -.r n� jy� [�r..r �i s'�l } i<,stS'v - s•'"'. r .. y. s - • . l,,r•y,; +mod �6 n • of • • • `rte ,?.'+i. ._ice-.. : - - J �. •- ,t Ito r;.f�:' ;" • I'i _ IF peopons NST" lu r �j ' v PROPOSED :.. CITY OF SOUTH MIAMI D US MAP ft TU"d taAN� blm C� SNE MMY a,w Q swos �nowou a..r raft" p.r�n Sam �ow.c�E•.�.. " «oor++esM.r.r {pMr0�1�lrMS;,tlw#{fii� ��KIII�LR�r ®:f1�l�OOaslrllt�,f!«M�M� � I�aODO0D1lTML�tr�_ Mf061�YiC:#1�4�w� ' Ir110�1lM�10laNl�I�OEMB�'1/► wwwmamrw"a.rw ®wauowo�wnucN...w ®- �r�+►o�K.w � tw��waarwat ,.c • atts�� ��� �a t�`.I� ..; ♦ ''1�N�.�r'6.iR4� L �tTC _ �i f Ys. - +• �_S.r {�jr{.y. tt '` i r. Irc jcZD 000 ( ' ! Cr j I IL *74 elm • �r Jr""11 f' • •� 00 : WaSTING CITY OF SOUTH MIAMI FUTURE LAND USE MAJK ft vm ft ar s+rM �►1 mono ®Yf�tsrllETARp M wrw ME • �. t�0�lYM�M�ftirry � �KIIT�RruAN orAOt4.ar. � ��e�a++awa�tnme�a:ow «n+eHr or,+a a.aw Luc uo se. w,eue w.w •renrc pu �� rMwo�r+car�ep lb 1 Oaf 1-, SY f i r ' - .s•.•,y.fi ter` •s / ':.{�. � a - k mrr WNW t f Its -s ■ .�11:,- '`..�.�. ®■""'s X11 Redevelopment of subject property as a ' • community shopping center under the proposed General Retail land Use Designation Will revitalize a once vibrant dovntowa aomsoarciai/retsil Mode. Currently there are very limited retail taoilites ava labls to semis *boss usfgbborltoaft located mrtb of II.s. 1. 211t W&AMWUMMM . ceased— shopping center Will the goods and sary cat br , "Jace t nsigql�,t�booih00dsI Will negate the need for Add iM CMi trips oA the roadWW VA&vork, and Nell Work toward =MOVMmq the pedestrian cbaracteac of the area. Redevelopment of the property as a commI nity shopping centert fuUy capable of providing the qDods and serViCes required by adjacent neighborhoods, Kill contribute effectively toward the emastt of urban cawrcial sprawl and ku encourage redevelopment of these blighted areas. Ob j active 1.3: Preserve historic r"Ourcas by experi enaiM no denolition or reconfiguaratioa of the specified rasourcas0 Compatibility Analysis: S. W. 57th Avenue (Red Road) has been designated as s facility of historical significance. No capacity related improvements are allowed. Therefore, only safety /operational improvements to Red Road are proposed in conjunction with the request for redesignation of subject property to General Retail and redevelopment With a;COmmunity shopping center. Compatibility with Objective 1.3 will be achieved. Objective 1.4 Assure adequate; public facilities to serve new development. Compatibility Analysis: An analysis regarding the availability of and the demand on affected public- facilities has been completed for the Proposed land use amendment. It has been dew that public facilities are nora than adequate to serve the 'proposed redevelopment of subject PVoPoftY, CMMPa- tibility with Objective 1.4 has been achieved. Policy 1.4.1: The development code shall provide that the developers shall provide; drainage, server connections and other feasible public s ...t s~ '�� ati a� sK .'•'�� ~ 4 ;. ♦ �'r � �.t#'� -� -s`f i:�.. +jL tl�y+ �` .s ._ �,•v fs. — i _,iT6 ''.Cif *v���jr1 s Y,�ii's ,2 �.r1 •r tr..+tr. (' j3r•a� - ti '' r ti _ j K ^T ..a,� .T't� _y - r ,C.' � ;•� �� i.s eta • _ - ..�' t✓` ri <� ���i' ��� I _ z facilities in conformance with level of service standards and concurrent with the development. Developseat permits shall be conditioned on the provision of such facilities. Compatibility Analysis% The applicant will provide drainage, amm connaotiam and all outer public facilities in coastoraance With larval of service ataAdards and conga 2 V I It with the redevelop mt of subj4m* wads the Proposed Murs Land Use OM of General Retail. Policy 2.1.3: Oppose street widening that would either feed more through traffic into the doirntown area or adversely impact its pedestrian amenities in downtown South Kiaai Compatibility Ananysiss No street widening will oomm as a result of the proposed commiity shopping center. Only anal/safety related roadvaY ti improvements are Identified. improvements Will ultlaataly aid in the reduction of through traffic in adjacent neighborhoods and in the downtown aria. Land Use Goal 3 To achieve a tax bass adequate to support a high level of municipal service. Objective 3.1: Achieve over the next five years, a six percent average annual increase in the tax base through new development and increased property values. The estimated property value added by this development will be approximately $12, 000, 000, which will produce as such as $230,000 in ad valorun taxes each year. Compatibility Analysis: Redevelopment of subject property as a modarn•community shopping center of approximately 133,000 square test will significantly increasa ProPW&%'Y value of the site and help to increase adjacent property values. This overall increase in property 'values will aid the city is achieving its desired tax base increase. Additionally, development of a community shopping center on the V"porty will create beCvaen 3.00 -400 now jobs. en"T level jobs will be ready aiwasabis for initial job applicants and.xuq of the residents in surrounding neighborhoods will be eligible for jobs wfthin the retail' center. F.O.; K. }is t�tss'� ' .fi } '► Traffic Circulation Goal 1 To maintain an overall - Uwe portation system which dove not adversely affect residential_ neighborhoods but which provides for the circalatiou needs of all soctariS at the cc amLtr In a eats, efficientg cost - offo tiw aVA asthatically pleasing aaunw Objective 1.1: MWerta►ke ftly those 'a g , vests that both facilitate traffic flow and tedocs adverse traffic impact on the sesigbbar hoods tluraby makinq no aftests safor.` Policy 1.2.1: Xvoid any major street videnings, in conformance with the Land Use Plan xecomr dMations that can far protecting and enhaaainq both the s*sidontial naighiio WAS and aavntova. Compatibility Analysis: These will be na strsst videafiags associated with the pzoposed Ruture Land IIse !Ra►p Designation lout of subject propa�cty to Retail. City apersticanViSatsty relataid 1=V&VV4x49ft to the adjacent roadway network will be undertaken in _association with redevelopment of the property as a community shopping center. Proposed improvements will direct through traffic away from adjacent neighborhoods and at the same time improve traffic flow on Red Road in project vicinity. Infrastructure Coal: To provides and >maintain the public infra- structuace in a manner that will insure public health, safety and quality of life. Policy 1,1.2: continue the city policy of requirinq all major new development _ to tie into sanitary savers, if feasible. Compatibility Analysis: +act property is currently serviced by =tart' savor and potable gates. Analy show six sho adequate saver, crater and solid waste capacity to accoxnrodats radsyslogsent o! the as a ccauau .lty i" centem. "a developer irili provide Oftlawaftwoupar struter and and other public taaility srpravezarits fn confosmtanci frith level of service standards and ccec - t r ent with radsvelopmant of the groporty. r ...: rN 4 ?r }4ri`;0 nip "..�'•i _ate. J.ciwf ',thy yyS��i.r�.�yte/� •- .. g r s+x t a�.'f+�• ''� � ^ � .r � � h� � a r r, �t �i�Z-•'�j Jyi ~ yrY.4i- t+ ,v Conservation Goal 1: To proserv* and enhance the significant natural features in South Miami. objective 1.1: In order to help achieve compliance With state Eaviromentsl Ragnlatiom cc air quslity , iaalndiiata► lsodsoapinq provisiaas is a d�lo�r�►t coda# and ioainde pablio i sad bik l iaP00- V*MaV". in the _ gsnera rMA by 1990. Policy 1.1.1: Centime to both re*dm landscapi" as a part of new _davelopmant and l.andsca public areas in order to ainiaiza air ollution. Compatibility Analysis: Redevolopwnt of subiwt c��r Vill require tioa of detail" landscape plans :Jch will be prepared in compliance with city rupirasents. L:u�dsaape glans viii be d4voloped to be both aasthoticeliy pleasing and to aid in the nin33ization of air polluticu r r• �i,r -• a. W. - �d.s.... :� 1C•- .�, ..t s' ?mss f...l' j . y r '17 IMPACT ON PUSLM FACIL EEs A. Folm VA= Potable water to the project site is provided by the Mimi -Dade Water and Sewer Authority D*utmgnt. It is estimated that waster demand would be 23.,525 Bello= per day if the site were to be fully de ur der thii muTm t land tts� dew g d uwid of tbib ls'oP cxas;nity mbmzdm'wee* In est3aat d to be 7,860 qd cns per day, cc 378 at pot� 1$ 3a1 dQiw -- ' t2m lei vise plan. POi7= tr8= ftqpomd Ind uas • Grew (Square Feet) Basis (G "FY) tletail 116,749 S.F. S G.P.D./100 S.F. 5837 GAD 24.216 S.F. 5 G.P.D./IW S.F. M GFD 135,975 S.F. 6848 GOD POtettial under, Existing Ind Un Desi9natien Daft. Arm* rim (Sqmm Pleft) Basis (Galolccs/Day) Office 215,250 S.F. 10 G.P.D./100 S.F. 21,555 GPD *Gress Bldg: 215,250 S.F. Parking: 273,954 S.F. Tan crate; 68l999 S.F. 7 .. �.- .y.r�+ry„'r r _ � r #.~,3, t:,s 7•.. � � ".1 r.v 4 s'r�` La9? �" � ii`.s_+ • i. r i B. MW= S Sanitary Sewer service to the project site is also provided by the Miami -Dods Water and Sewer h*hcrity . It is estimated that 19v373 ga crtis per day of sanitary wastewater would be gme ated it the sits were to be fully developed under the current land use plea:. Ua g�aneraI Aa- I rats of the ypposed camamity stwadrg outer is estimated to be 7,070 gallaca iUW day, ar 37% at notertiai demand under the current 2a nd tmt WRTAtei Wn P=posed Lend Ues sift. Area Floe (ftsam Feet) Basis (Gal].oas/Dayj Retail 116,749'S.F. 4.5 G.P.D. /100 S.F. 5254 GM R&AWServices 20,216 S.F. 4.5 G.P.D. /100 S.F. -W GM 6164 GM Pomt3a1 Under zdstimg tw d use Apprm. Grow Bldg• Area* FLo`r (SQ== Fleet) Basis Office 215,250 S.F. 9 G.P.D. /100 S.F. 19,373 GM *toes Bldg: 215,250 S.F. Parking: 273,954 S.F. Iau1scaPed: 68,999 S.F. C. S= Wm Solid waste oonwtian and digxml is p =d& d by the City it is estimted that the proposed 00 mmnity sirppinq center wa ld generate 1.76 tape of solid waste per day. The estimated genearaticn rats would be 1.32 tans per day duild the site be lolly dev+elcped' UWW the curr * land astt3,ati. The additiuml" .44 tans %W&j s too Cm Pm K* of ealM W" coal e0W by tbs City ftnyt the in=een would bm a � lspec�t cn the tY at the Cmntyls 72 Stmet SOLD MS78 p=posed Und Use Mg. Arm ( Feet) Basis Y) Retail 116,749 S.F. 7.2 pee^9otW1000 8.1., 4 paeman 1.64T/D Retail,/Svcs. 20,216 S.F. 7.2 pex=xW1000 S.F.,' 4 ae gM T/D 1.93 T/D Poitential under Edstftq Isnd flee Designatica AN=. Gross Flow Bldg. Area* Basis (Tcm/DaY) Office 215,250 S.F. 1 perscn/225 S.F., 2.75 pounds /Person 1.32 T/D Grow Bldg: 215,250 S.F. Parking: 273,954 S.F. Las�ped: 68,999 S.F. D. CRAIIAGB SUmst er must be retained and disposed of an site in -a with State and Dade. 0mbty Dgmt ment of Iaesamces s at the band ves, dev�elcgoe at the site would twit isperct public &ainage faGflit3,es• 9 a.w�+a�,` fY . `%s z'S'�s. : r'� + .r r aCJ y"�-' ._ _ yid• � ' r• i E. TRAFFIC �JIATICN The Peed Red.. Duds Shopping Center would replace an existing shappittg center of appraodaetely 60, 000 square feet. The m jor aooess roadraay to both tha existing and prioposed `dwpping oerr A r is Iced Poem (S.R. 9590 S.N. 57th Aver=) , a not Wsaft minor atterial. 3h front of the o6 r,- Feed Pond 1s a loud• lane divided hicpW aftdirig fm to S.W. Sbm the i' mrth South ��r � at the shoppin;3 Omte r wpet'ly. Y Obis 4 laps section of Red Aced taas ptorjedbed by h.D.o.T In 1987, to have an average daily traffic (M of 18, 630 vddeles per day In 19$9 and 20,1359 In 1992- A sings clay count made on 6/20/89, gmm a 21, 206 angle By wing this figure and a 3% %vwth rate per year as set by F.D.C.T.I the suple value would be pr+orjected to an ADT of 23,171 (US "B") in 1992 (Sea table below). 3h this four law divided sectian, imzaediately adja�om* to the F jec t, Pecs hoed operates at Ii:vel of Service (IM) "A ", based on an Mtan '1'raLqporrfi,2lti a a plarnb:g system Comity Value of 40, 000 vehicles per day. Na th at S.N. 66 SbMet, ' and Iioed is a two lane hic t qmatinq at Us NV ce Pa. The adapted City of South Wand Red P4aL +e Flan, an aoo .e inS of "r for the Wnor arterial MME 1 FWZ PROM= 7RUTM cam YEBit Fi+oav 29878 3! 6/ZO/89 1989 18,630 = LOS "A* 21, 205 IDB_ "Aw 1992 (Prof, @ 3%) 20,358 = IDS "A" 23,171 = US "B" The existing shopping , using the Institute of Transportation Engineers (IM Trip Generation Mmml, 4th Dditicn, produces the follawiM .trips: Tk= 2 Prorject Trip Generations ITS Lmft Use 220 acistirig Average nAps M Peak- TtIps PH Peak Trips Develgment Wed day Hour Hour Trips Dtter Exit Trips Suter Exit Trips E*er Exit Shopping Cur. rand Use 820 60,000 sq. ht. 5,324 2 „662. 2,662 129 64 65 477 238 239 Mthrate Daildaut of $fisting z inq 215,250 Sq. Ft. 13,480 6,740 6,740 303 151 152 1,003 501 502 'w A j , i:yt � R• , .''r � r •f^- ' Fes- .2tl d`� +;: ra • =. ':�1`\ "`. v+, -f., lr � 1 p 3” �!t G 'fit t �4 %•• ' j ed Traffic EX Red Dix a Vehicle trip generatims for the proposed Red Dixie Shopping center were determined using the (rM trip generation rates. Average weekday and peak lxur trips for the pr%xsed gwwral office anti dwMirq cm*w areas are as shag► 3n_ Table 3. SM3 ftvjeet Wp- GArAzatim M Land Use 320 Pt Average Trips M Peak Trips FN Peak Trips WeddaY 1i= Baa Trips H*er Hdt Trips Ejter bdt Trips H*ter Fsdt General office Land Use 710 20,216 Sq. Ft. 413 207 206 51 44 7 52 g ,E,4 Land Use 820 8,225 4,l0g 48107 192 134 56 518 254 264 116,749, Sq.Ft. AIL 88628 40315 4,313 243 178 65 $70 262 go— ION M ll :j'+• y.. s...`.. s _� .; � i a < i a. rt� � .... � � ti ` L.z�� y -�c ,l+•l�.s`% . • .,4'���.. t �� f yr 3�Y+ aft ! +•1,i'. a ei �� � � , Sfi�.. • �Y"t tiy,c.,.! �a ETC II�Cr OF PIFJP06F3) Zhe net inmvase in traffic cn Red Road due to the proposed develgxm* is the differ bObmm the project traffic (Table 3 total values) legs the traffic t od tJM &NW for the .oaf cc fe the ults at. Ind me (Tata,e 2 values. m" rat diftaze= ss p�+�entea In Td►bl 4 fcw the a� amp t trIPS and Me 5, the peak bow triza- mmfnq all dc w traffic Wtsrir q and end ae�d Shloppir adstiM wft the cent s an � cr to Red lbak the rest ;WIWi6 3a cn lied Road PMPOGed Red DIXIS Sh Wbg COMAM is 3,304 ve dcam pee; dety. With this additianal volums added to the projected 1982 AM cn Red lined vt 23 171 mQecled cn Vill gmiM date of the psepased projects, tiw four lam divided eQ;t % of Red Road Of the, at LM ". k�m' t IC6 resulting lrcm �s Ult3m" build apt existing zmbq proposed project is Vt. TABM 4 .� PXqmsed Ong Red Dixie Net 13rvMlq project Odflel+ed�os Volume IOB RdSting StxWiW Oenter 5g324 8,628 38304 266475 C 60,000 Sq. ht. Ultimate' Buldait Of Ddstimi Zoning 13,480 0 8,156* 31,327 D 215,250 Sq. Ft. Worst Case scenario 0 81628 81628 31,799 D * Ultimate Mir= a dstirg trips. u RNIIG .: V • i.�..- _" a s. "'I • { i mow- 1-• �: ,fit ?< �C ?'t _ y ,.s �: r - �1� � • " ���;,� a °.�� � eta.► r.:" -'► �?�=+:c• .j,. # • t a. jza • ✓r S-' i, ,.� t.4'Lti • f•'s•. L i -- . .---- �Oii]!p 2* MVosW Red Dixie 5t Wing Dm*Ar is projected to gwmata an additiaml 3.304 trips per day on the four lane section of Red Road. The Leval of service an Red Road will from "B" to "C" as a result of then Witiaml trips Peak hog w trips an yrrae W to ln=mm by 1U wd 98 foe tbs M w d W pmk respectively. The lwml at service en Red Mad 6ng the peek perldit remain at 9r, hr oanpa- --- purposes. two c�tlyea� 9we"ItIm (1) the ult3mats bWW out of the eodutbq aad (2) the Worst Casa evensrio lihioh assumes no trips from, the esdstbq oei*w. As dwm in ThM 4 and s, these two rates PLm&wW a larel of seeavvica NW on Red Itoed'da%g the average week day and "B" and "C" for AM and FM k periods x'esped'.i'u8ty. Em the worst case scenario is well within the nts for Red Mad as specified In the adopted city of south Mimi o.pian. �E S NET nxgDM 3N PDX Amt AD RID MAD I MM OF SERVICE Hcistfng Proposed AV= Not Diode Project WHArence Volt' LOB m IK aM IN m a[ X11 IM M Iii Ddsting Stropping Outer 129 477 243 570 114 93 2199 2178 B B 60, 000 Sq. Ft. Ultimate Buildout Of Dd.stinq Zoning 303 1003 0 0 174* 526* 2259 2611 B C 215,250 Sq. Ft. Worst Cast Scenario 0 0 243 570 243 570 2328 2655 B C * Ultimate minus existing trips + Based at 9% peak hair traffic s� v 13 yMor . ` r. s i_ s:rV �i'�a� ~`•mot r -. y?��r �, :+f•i sit`1"' ,tr•�� tl..� {�"..i•+�J�'ti ` rJ���'•�'« • - . • J •': �,'jt •'rc S ' i:a4.?!la =rx ?'"iZ. ,/. �� °. a •nm l"4� -;r �� • •"� -'�j�r �.J. -- ='« :r• _ CITY OF SOUTH MIAMI APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE) THIS APPLICATION MUST BE COMPLETED AND RETURNED, . WITH ALL REQUIRED SUPPORTING DATA TOTHE OFFICE OF THE ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING. APPLICANT AS (OWNERS TENANT, AGENT, ETC. SPECIFY) The Brandon Company Contact Purchaser ADDRESS OF APPLICANT CITY STATE ZIP PHONE c/o Carter N. McDowell,,Esq., 100 SE 2nd St., Miami, FL 33131 577 -4023 OWNER DATE OWNERSHIP OF PROPERTY OBTAINED Anthony R. Abraham ADDRESS OF OWNER CITY STATE ZIP PHONE 6600 S.W. 57th Ave., South Miami, FL 33143 IS PROPERTY OPTION OR CONTRACT FOR PURCHASE? MORTGAGEE IS' NAME AND ADDRESS X YES NO IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES X NO Not required for Comprehensive Plan Amendment but will be provided if requested. LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION LOT(S) Sly F.ythihit IIA° BLOCK SUBDIVISION PB METES AND BOUNDS SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING I/W1S ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING: Comprehensive Plan CHANGE OF ZONING EXCEPTION Amendment OTHER (SPECIFY) VARIANCE. AMEND. SECTION OF CODE PRESENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED ,Low Intensity Office General Retail EXPLANATION OF ABOVE see separate application THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION.' (ATTACHED HERETO AND MADE PART OF APPLICATION. ) X CERTIFIED SURVEY SITE PLAN PHOTOGRAPHS X STATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED PROPOSED FLOOR PLAN X HEARING FEE (CASH OR CHECK) OTHER THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS- THE INFORMATION AND ALL SU PORTING DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND 'LIEF. oe SIGNATURE FOR OFFICE USE ONLY DATE OF HEARING HEARING NO. 10810100-1 REV. s -IS -ts DATE FILED f"!Rf r Exhibit "A" Legal Describtian PARCEL NO. 1 All of Tract i of the revised Plat of F$RNWOOD, according to the Plat thereof, recorded in Plat Book 35, at Page 72 of the Public Records of Dade county,- Florida'less the South 475.657 feet of the West 100 feet and less also the East 150 feet Of the South 330 feet and less: also the South 125 feet of the West 175 feet of the East 325 feet and less also the East 75 feet of the West 175 fast of the South' 115 foot of said Tract. PARCEL NO. 2: East 75 feet of the West 175 feet of -the South 125 feet of revised Plat of FERNWOOD' recorded in Plat Book 35, at Page 72, of the Public Records of Dade County, Plorida. PARCEL 80. 3: The North 232 feet of the SE 1/4 of the NE 1/4 of the SE 1/4 of Section 25, Township 54 South, Range 40 East, less the North 25 feet of the North 132 feet of the SE 1/4 of the HE 1/4 of the SE 1/4 of Section 25 Towfiship 54 South, Range 40 Last. PARCEL NO. 4; That part of -the SE 1/4 of the $E 1/4 of the SE 1/4 of Section 25, Township 54 South, Range 40 East described as follows: Begin at the SE cornet of said SE 1/4 of HE 1/4 of Se 1/4, thence run west along the South Tine of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 185 feet for a point of beginning; thence run North parallel t4 east line of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 150 feet3 thence run West parallel to the 'South line of said BE 1/4 of NE 1/4 of SE 1/4 for 'a distance of 100 feet;, thance -run parallel to the east Fine of said Se 1/4 of the NE 1/4 of BE 1/4 for a distance of 150 feet to the south 2 ine l of said SS 1/4 of NL 1/4 of SE 1/4; thence run East along said south line' of SE 1/4 of NE 1/4 of S19:1/4 for a distance of 100 feet to the point of beginn- ing, less the South 25 feet for public road purposes. PARCEL NO. S= The 116'rth 280 feet of the South 330 feet of the East 150 feet of TRACT NO. 1 of FERNWOOD, a subdivision recorded -in Plat Book 35, at Page- 72 of the' Public Records of Dade County, Florida. 1 ROBERT K. SWARTHOUT, INCORPORATED 400 South Dixie Highway, Suite 121 Boca Raton, Florida 33432 (407) 392 -5800 (305) 467 -5800 March 17,1989 3'! G .01 ,t Ms. Sonia Lama MAR 2 0 1g89 Acting Planning and Zoning and Building Director City of South Miami B Z `' D 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Lama: Pursuant to your request, we have reviewed the comprehensive plan to evaluate if and how property designated Low Intensity Office could be developed with a proposed Marshall's Store. It is our understanding that such a store would be a two -story structure predominantly occupied by retail commercial uses on both floors. We have considered the following' options: 1. The language of the plan could be interpreted to permit the proposed development based on a review of the meeting notes and tapes pursuant to which the language was enacted. It is our belief that such an approach could lead to chaos and should be avoided. We believe that the plan language is neither more nor less specific than the Commission wished it to be. Questions which the Commission did not specifically settle in the plan should be resolved in the development code, not by attempts to interpret the plan based on comments made during the course of debate. 2. The proposed project could be developed as a planned unit development. We believe there is no basis for such action in the plan. We do not interpret the planned unit development language on page 1.39 as applicable. This language authorizes modification in certain height and other bulk provisions of the plan; it does not authorize modification of use provisions. 3. The proposed project could be developed by grant of a variance. Language on page 1.39 permits variances to the plan. Therefore, it is theoretically possible that the project which prompted this review could proceed under a variance. However, we think it probably would be inappropriate to do so. Court precedences set rather rigorous standards for variances. We seriously doubt that the subject property could meet those standards. We have certainly seen no evidence to justify granting a variance. The City should be wilting to review any evidence any property owner might have to justify a variance. However, in the case currently under consideration, we think it Ms. Sonia Lama City of South Miami March 17,1989 Page 2 would be inappropriate to offer encouragement that such an approach would be fruitful. 4. The proposed project could be developed under new zoning regulations to be r part o the development code which must be enacted to implement the prepared as pa f P P plan. I This approach necessitates interpreting the plan as permitting such development. We do not believe the plan can be so interpreted. The relevant language appears on page number 1,4_ 0 under the headin g "Low-Intensity Office (Two Story). We read this section as limiting second floor uses to office uses; there is no way that zoning language can be used to legally circumvent this limitation. If the proposed project could be developed with only office- related retail uses on the second floor, then it is possible that it could be approved u n de r the plan language permitting retail uses as conditional uses. In our opinion, this option should be exercised only through zoning language specifically enacted by the Commission for that purpose. 5. Amend the Comprehensive Plan to permit projects like the proposed project. We think this would be the best course for the City to follow if it wishes to approve the project. We are particularly strong on this point if the project is to have other than office related commercial uses on the second floor. Approval of other than office-related commercial uses on the second floor would clearly be inconsistent with the plan as it is currently written. Furthermore, while we believe that the Commission could enact zoning regulations which permit total development of the first floor with conditionally approved commercial uses, we believe such zoning regulations would be stretching the intent of the plan to the limits of plausibility. If the Commission wishes to have a Marshall's Store on a given site, we think it would be better to plan designate the site as General Retail. We hope this letter is helpful. If you have any questions, please call. We will be happy to discuss the question further. Very truly yours, ROBERT K WARTHOUT, INCORPORATED �f Stephen H tkin, MCP, AICP Robert K Swarthout, MArch,'AICP cc: William Hampton, City Manager City of South Miami INTER — OFFICE MEMORANDUM Sonia Lama July 21, 1989 To: Building & Zoning Director DATE: FROM: William A. Mackey 1u11ECT: PB -89 -014 City Planner Applicant: The Brandon Company Request: Special Application to amend the City of South Miami compre- hensive Plan on the property currently known as the Anthony Abraham Property from Low Inten- sity , Office to General Retail use, pursuant to Resolution 33- 89 -8013, adopted April 4, 1989. Location: 6600 Red Road ZONING BACKGROUND: (Excerpted from various correspondence and minutes on file with the Department and City Clerk) May 29, 1946 Advisory Zoning Board Request: Application of Ted Crockett for a. change in zoning of part of his property, at the Northwest corner of Red Road and North.4th Street, and along North 4th Street for a distance of approximately 628 feet, being legally described as FERNWOOD PB 35 -72. ,Note: From the May 4, 1946, Council Meeting Minutes it may be assumed that the property was probably R -1. Response: It is the recommendation of the Board that the South 150 feet of the East 165 feet be changed to a C -2 zoning, with the understanding that the East 15 feet thereof be dedicated for additional Right -of -Way on Red Road, and that the remaining part of the South 150 feet be changed to a C -1 zoning, the entire change to be contingent on complete removal of all business uses from the remainder of the property, legally described as FERNWOOD PB 35- 72. June 4, 1946 City Council Council accepts the recommendation of the Advisory Zoning Board. PB -89 -014 Page 12 April 27, 1948 Advisory Zoning and Planning Board Rgquest: Application of T. R. Crockett requesting change of zoning on his property described by him as the Heim tract and properly described as FERNWOOD PB_35 -72, from R -1, C -1 and C -2 use to C -3 and .A (apartments) use was taken under consideration. Resgonse: The Advisory Zoning and Planning Board feels that the requested changes should not be made as the property to the north is zoned R -1 and a C-3 zone across from the new, proposed church would probably adversely affect the church property. The applicant requested the rezoning of certain of his property in 1946 and such requested change was granted. Further, the applicant does not appear to hold title to.a portion of the property which is covered in the application. It is recommended that the requested change be denied. May 4, 2948 City Council Council accepts the Board's recommendation (to deny the change). June 2. 1948 Planning Board e est Application by Mr. T. R. Crockett to rezone from the present C -1 on N. 4th Street, and balance R -1, to C -1 on N. Red Road, C -2 on N. 4th Street and the balance A (apartments) use. Response: The Board recommends that the zoning on the property described as the South 150 feet, less the East 150 feet of FERNWOOD which is situated on the north side of North 4th Street be changed from C -1 to C -2 and that no change be made at the present in the zoning of the balance of the property described. The Board will consider the zoning on the balance of the property as a part of its overall community planning. June 15 1948 City Council Council accepts the Board's recommendation to go to C -2 on North 4th St., and defer action on the balance of the Crockett property. PB -89 -014 Page 13 August 25, 1949 Advisory and Planning Board Request: Application to rezone East 150 feet, less the .South 150 feet of Tract 1 FERNWOOD PB 35 -72, as follows.the South 80 feet thereof from R -1 to C -2 use, the balance from R -1 to C -1 use, all located on West side of Red Road lying between North 4th Street and North 6th Street. Application to rezone Tract 1, FERNWOOD, less the East 150 feet and less the South 125 feet of the West 175 feet of the East 325 feet, as per PB 35 -72, as follows: 1. The East 203.22 feet of West 303.22 feet of South 125 feet from C -2 to M use (INDUSTRIAL), this property being located on the North side of North 4th Street, lying between Red Road and North 2nd Avenue. 2. The West 100 feet of South 125 feet from C -2 . use to C -3 use. - 3. The North 120 feet of West 459 feet from R -1 to C -2 use and to permit a parking area 90 foot wide immediately south of property as described. 4. The North 140 feet of South 265 feet less East 150 feet from R-1 to C -3 use, and providing a 20 foot alley on south and east thereof. Application to rezone Best 100 feet of East 250 feet of South 125 feet FERNWOOD Tract 1 from C -2 -to permit erection and operation of an animal clinic. Response The Board recommends that each and all of the requests_ for changes of zoning on the property as described be denied and that no zoning change whatsoever be made September 6, 1949 City Council Council accepts the Board's recommendation (to deny the change). Note: This could not be verified against the City Clerk's, files. PB -89 -014 Page #4 July 3, 1952 Advisory Zoning and Planning Board Request: Application by Florida Power &'Light and Mangocado Groves, Inc. to rezone West 100 feet less the North 25 feet Tract 1, FBRNWOOD PB 35 -72 from the present R -1 (single - family) and [to] C -2 (liberal business), respectively [ ?]_, use to permit erection of an outdoor type electrical transformer sub- station thereon. Res?gnsg: The Board recommends approval of this project and location, provided they provide planting of such type and density to screen the property, said hedge to be at least the height of the fence, to be approved by the Chairman in charge of Parks. July 15, 1952 City Council Council approves the project upon the recommendation of the Board. March 4, 1955 Advisory Zoning & Planning Board Rest: Application of Charles Gottlieb for re- zoning parts of Fernwood PB 35 -72 and the North 132 feet of SE 1/4 of NE 1/4 of SE 1/4, 25 -54 -40 to permit erection and operation of a Stevens Supermarket. Response: The Board recommended the request to be denied as this would be spot zoning and would be extending commercial property. March_ 22, 1955 City Council Ordinance 321 The Council approves the change in zoning to C -1, thus allowing a Stevens Supermarket. June ;8 , 1971 Zoning Ordinance The property is designated as C -3 on the Zoning Map then adopted. Note: Various other public hearings concerning signage and licenses for these properties are on file with the Department. PB -89 -014 Page 15 .January 18, 1989 Ordinance 3 -89 -1418: City Commission adopted the'City of South Miami Comprehensive Plan pursuant to Part II, Chapter 163, Florida Statutes April 4, 1989 City Commission Resolution 33 -89 -8013: City Commission initiates an amendment to the City of South Miami Comprehensive Plan to change the land use designation from Low. Intensity Office to General Retail on this property. ANALYSIS These properties (FERNWOOD PB 35 -72) do have a history of frequent zoning redesignation and will again be rezoned as required by the City of South Miami Comprehensive Plan, as adopted January 18, 1989. This Plan designates the properties for Low Intensity Office use which would no longer permit a zoning designation that is primarily retail in nature (e.g., the present designation C -3). The new City of South Miami Land Development Code due to be adopted on September 12, 1989, will develop zoning designations consistent with', the adopted Comprehensive Plan. The proposed Red- Dixie Center comprises the major area of FERNWOOD PB 35 -72. This City initiated` action would change the land use designation of the properties to General Retail, in order to permit a more permissive zoning designation, therefore, allowing this proposed retail center. RECOMMENDATION The staff recommends that the Board carefully consider and evaluate the proposal, in order to best recommend to the Commission the land use most appropriate for this area, so that the Board may advise the City Commission to designate the most appropriate land use for these properties which would then allow for a consistent zoning designation and resolution of the historical zoning changes. i,, STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' 2 7 4 0 C E N T E R V I E W D R I V E T A L L A H A S S E E , F L O R I D A 3 2 3 9 9 BOB MARTINEZ March 6, 1990 ,,r THOMAS G.PELHAM Governor Secretary i �j'�jq The Honorable William J. Porter p frg; Mayor of South Miami 6130 Sunset Drive z tr South Miami, Florida 33143 Dear Mayor Porter: The Department has completed its review of the proposed comprehensive plan amendment for the City of South Miami, which was submitted on November 27, 1989. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. I am enclosing the Department's Objections, Recommendations and Comments Report, issued pursuant to Rule 9J- 11.010, - Florida Administrative Code. Upon receipt of this report, the City of South Miami has 60 days in which to adopt the proposed amendment, adopt the amendment with changes, or reject the amendment. The process for adoption of local comprehensive plan amendment is outlined in x.163.3184, Florida Statutes, and Rule 9J- 11.011, Florida Administrative Code. Within five working 'days of the date of adoption, the City of South Miami must submit the following to the Department: Five copies of the adopted comprehensive plan amendment; • copy of additional changes not previously reviewed; • listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT The Honorable William J. Porter March 6, 1990 Page Two The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a' deviation from the requirement above, you are requested to provide one of the five `copies of the adopted amendment directly to the Executive Director of the South Florida Regional Planning Council'. The regional planning councils have been asked to review adopted amendments to determine local comprehensive plan compliance with the Comprehensive Regional Policy Plan. Please forward these documents to the regional planning council concurrent with your transmittal to the Department. Your cooperation -in this matter is appreciated. If you would like the Department to participate in the public hearing for amendment adoption, such request should be received by the Department, certified mail, at least 14 days prior to the scheduled hearing date. If you have any questions, please contact Bob Nave, Bureau Chief at (904) 487 -4545. Very, r y o s..' Paul R. 'Bradshaw, Director Division of Resource Planning and _Management PRB /bdw Enclosures: Objections, Recommendations and Comments Report Review Agency Comments -cc Sonia Lama, Director, Planning and Zoning B. Jack Osterholt, Executive Director, South Florida Regional Planning Council INTRODUCTION City of South Miami The _following objections, recommendations and comments are based upon the Department's review of the City of South Miami proposed amendment to their comprehensive plan pursuant to s.163.3184, F.S. Objections relate to specific requirements of relevant portions of Chapter 9J -5, F.A.C., and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other state review agencies. If there is a difference between the Department's objection and the state agency advisory objection or comment,, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non - applicability pursuant to Rule 9J- 5.002 (4), F.A.C., must be submitted. The Department will make a determination on the non - applicability of the requirement and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. I SUMMARY OF AMENDMENTS The text amendments are based on the remedial actions in the Stipulated Settlement Agreement (DOAH 89 -1347 GM) signed by the Department on December 5, 1989. These changes relate to the establishment of levels of service on U.S. 1 and Bird Road, both state roads. -A Future 'Land Use Map amendment is also proposed. TEXT AMENDMENTS The City has revised its data and analysis section of the Traffic Circulation Element to establish a peak 1Pperiod" level of service standard for US 1 of 115 percent of the peak "period" traffic count in 1989. This standard will remain in effect until December 31, 1995. After this date the peak "period" level of service standard will be 150 percent of D for U.S. 1. For Bird Road, the peak hour level of 'service standard shall be 120 percent of E capacity. Justification for these levels of service were also included in the data and analysis. These same level of service standards and justifications are included in Policy 1.1.1 (page 2.14 of the Traffic Circulation Element) and in Policy 1.2.7 (page 8.9 of the Capital Improvements Element). Table 2 -9, Traffic Circulation Plan Year 2000 (page 2.13 of the Traffic Circulation Element), is revised to note that the level of service standards referenced in the Table "not withstanding, development in the City shall be governed by the terms and conditions agreed to by the City of South Miami and the Florida Department of Community Affairs ". MAP AMENDMENT Applicant: Amendment submitted pursuant to resolution 33 -89 -8013, City of South Miami (Red- Dixie Center) Designation on the Existing Commercial Land Use Map Designation on the Future Low Intensity Office (2 Land Use Map stories Proposed Revision to the General Retail(2 stories) Future Land Use Map (for use a use as a community shopping center) 2 Size 7.2 acres. Surrounding Land Uses North: Multi- family (10 -20 (Existing) DU /acre) and single family (3 -9 DU /acre) South: Commercial East: (Coral Gables): Public /Institutional West: Single family and Public /Institutional Surrounding Land Use North: Low density multiple (Future) (2 ,'stories) and single family (2 stories), 18 DU /net acre and approximately 4 DU /acre (10,000 sq. ft lot), respectively. South: Auto`Services /Office Special Redevelopment (2 stories) which allows heavy automobile services and repair, redevelopment of existing offices with special use approval. East (Coral Gable): Religious /Instructional Use (places of worship and related accessory uses,` maximum - F.A.R. 2.0), University use (maximum F.A.R of 0.5 for _entire campus). West: Single .family (2 stories) and Public and Semi- Public (4 stories), the latter includes schools, municipal facilities, utilities and churches. 3 OBJECTIONS, RECOMMENDATIONS AND COMMENTS CITY OF SOUTH MIAMI Comprehensive Plan Amendments FUTURE LAND USE ELEMENT A. OBJECTIONS Data None Analysis- 1. 9J- 5.006(2)(a) and 9J- 5.006(3)(c)3. The analysis of the availability of public facilities at the adopted level of service standards, to serve the plan amendment is incomplete. The City's adopted level of service standards for solid waste, potable water and sanitary sewer were not used in the analysis. In addition, traffic impacts on U.S. 1 were not considered nor were impacts on 'Red Road north of SW 66th Street, where Red Road is a two lane facility currently operating at level of service _F (see attached comments from the Florida Department of Transportation) The analysis is also incomplete because the impacts on. public facilities is limited to a 135,000 square foot shopping center rather than the maximum or most intense development that would be allowed on the site if the land use map change is approved and the site developed. Recommendation Revise the analysis of impacts on public facilities to be based on the levels of service adopted by the City, include impacts on U.S. 1 and Red`, Road (north of SW 66th Street), and evaluate these impacts based on the maximum or most intense use that can be permitted on the site for the proposed land use. Since the City's adopted levels of service standards are for residential uses, the impact analysis could use residential equivalents to assess commercial impacts. 2. 9J-5.006(2) (c) The City did not include an analysis of the need for the proposed land use change as it relates to the amount of land needed to accommodate the projected 4 population, including the category of the proposed land use, density and intensity of use, the estimated gross acreage by category and the description of the methodology used. Recommendation Include 'an, analysis of the proposed land use as it relates to the amount of land needed to accommodate the projected population, including the density or intensity of use and how this land use category meets the estimated gross acreage needed by this category. 3. 9J- 5.006!23(a) and 9J- 5.006(3)(b)4. Information submitted with the map amendment states that Red Road (S W. 57th Avenue) "has been designated as a facility of historical significance" (see page 7, Red -Dixie Center, Responses to 9J- 11.006(1)(b)) It is further stated that "only safety /operational improve - ments to 'Red Road are proposed...". Since these improvements 'are `not ` specified, it cannot be determined if these improvements will be consistent with Objective 1.3 (page 1.8,, Future Land Use Element) to "[p]reserve historic resources by experiencing no demolition or reconfiguration of the specified resources." Recommendation Include additional information regarding the safety/ operational improvements needed on Red Road and explain their consistency with Objective 1.3. Future Land Use Map 4. 9J- 5.006(4) The proposed Future Land Use Map amendment is not -supported by data and analysis of the availability of facilities and services as cited in the objections for 9J-5.006(2)(a), 9J-5.006(2)(c), 9J-5.007(2)(b), 9J- 5.011 (1) (f }1., 9J- 5.016(1) (a) and (2) (b) . Recommendation Include the data and analysis to support the Future Land Use Map amendment as described in the above listed objections and recommendations. Revise the amendment to be based on the revised data and analysis, as appropriate. B. COMMENTS 5 None TRAFFIC CIRCULATION ELEMENT A. OBJECTIONS Data None Analysis 1. 9J- 5.007j ) (a) The proposed text change (page 2.11, Traffic Circulation Element) states. that '"[u]ntil December 31, 1995, the peak ep riod lever of service standard for US 1 shall be 115 percent of the peak period traffic count in 1989" (emphasis added). These references to peak period are modifications to the stipulated settlement agreement which specifies peak hour. Recommendation Revise the text to replace "peak period" with "peak hour." 2. 9J- 5.007(2)(b) a) The proposed text change (page 2.11, Traffic Circulation Element) states that 11[a]fter December 31, 1995, the peak period level of service standard shall be 150 percent of D capacity for US 1" (emphasis added). This reference to peak period is a modification to the stipulated settlement agreement which specifies peak hour. Recommendation Revise the text to replace "peak period" with "peak hour." b) The impact analysis of the proposed land use - amendment on traffic circulation levels of service does not include impacts on US 1 or Red Road, north of SW 66th Street. The submitted analysis has not demonstrated that the land use amendment, if developed at the maximum intensity permitted,.would be consistent with the level of service standard established for US 1. This level of service 6 standard was partially justified based on the City's claim that it "substantially reduced the amount of development that was permitted under the plan effective prior to 1989..." (included as part of the proposed text amendments). The analysis does not indicate that the proposed land use change is consistent with the justification. Recommendation Revise the analysis to include impacts on US 1 and Red Road (north of SW 66th Street) and evaluate this impact on the level of service standards established for these roads. Include an evaluation of the land use amendment to demonstrate its compatibility` with the reduced development justification used to establish the level of service standard on US 1. If the impacts from the map amendment is significant, revisions to the Traffic Circulation Element may be necessary to maintain internal consistency. Goals, Objectives and Policies 3 9J -5.007 ( 3) (c) 1 The proposed revisions to Policy 1.1.1 (page 2.14, Traffic Circulation Element) regarding levels of service on US l reference peak "period" standards rather than peak 01hour." This modification to the stipulated settlement agreement does not meet the requirement to establish peak hour level of service standards on roads Recommendation Revise the three references in sub- paragraphs 1 and 2 of Policy 1.1.1 to replace "peak period" with "peak hour." 4. 9J- 5.007(c) 3. Information has not been included demonstrating that the map amendment will be compatible with Policy 1.1.2 to control roadway access or with a neighborhood traffic management program that was to have been implemented by 1990 (Policy 1.1.3) Information has not been included that this traffic management program has been implemented and how the program will be applied to the land use change. These policies are located on page 2.15 of the Traffic Circulation Element (Note that "operational /safety related improvements to 7 the adjacent roadway network will be undertaken... page 9 of Red -Dixie Center, Responses to 9J- 11.006(1)(b). Therefore, the needed improvements may be inconsistent with Policies 1.1.2 and 1.1.3) Recommendation Include information demonstrating the map amendment's _compatibility with Policies 1.1.2 and 1.1.3. B. COMMENTS 1. The level of service standard established for Sunset Drive has been established as "F" on the state road and should be changed to "E". This change should be made on page 2.11, in Table 2-9 on page 2.13, in Policy 1.1.1 on page 2.14 of the Traffic Circulation Element and Policy 1.2.7 on page 8.9 of the Capital Improvements Element to ensure compatibility with the standards " established by the Florida; Department of Transportation. SANITARY SEWER, SOLID WASTE. DRAINAGE. POTABLE WATER AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT A. OBJECTIONS Data and Analysis 1. 9J -5.01l f 1L [ f j_1. The facility capacity analysis regarding the impact of the proposed land use map amendment on potable water, solid waste and sanitary sewer is not based on the City's adopted level of service standards. In addition, the impact that is included does not address the impact for the most intense development allowed for the land use. Also, information on page 4.5, indicates some unspecified sections of the City experience low water pressure due to small diameter distribution lines. It is unknown if the proposed land use map amendment is in one of these areas Recommendation Revise the analysis to include a facility capacity evaluation for potable water, solid waste and sanitary sewer based on the City's adopted level of service standards. Since the City's adopted level of service standards are for residential uses, the impact analysis could use residential equivalents to assess commercial 8 impacts. Include an analysis of the most intense development allowed for the land use and include information regarding the adequacy of potable water pressure to serve the land use at the adopted level of service standard of 20 psi, Goals. Objectives and Policies 2. 9J- 5.011(2)(c)2. Adopted level of service standards for potable water, sanitary sewer and solid waste were not utilized in the impact assessment of the proposed map amendment. Recommendation Revise the impact analysis on public facilities to be based on the City's adopted level.of service standards for potable water, sanitary sewer and solid waste. B. COMMENTS None CAPITAL IMPROVEMENTS ELEMENT A. OBJECTIONS Data and Analysis .1. 9J- 5.016(1)(a) and 9J-5.016(2)(b) Because the data and analysis has not addressed impacts based on the adopted level of service standards, public facility needs to support the proposed amendment cannot be evaluated. Recommendation Include the data and analysis, as described in the objections cited for 9J- 5.006(2)(c), 9J- 5.00 7(2)(b) and 9J- 5.011(l)(f)l. Based on this data and analysis identify public facility needs to support the map amendment, indicating general fiscal implications and relative priority of needs, and revise the schedule of improvements, if necessary. 9 2. 9J- 5.016(2) ffl An assessment of the City's ability to finance capital improvements required based on the most intense development allowed for the proposed land use is not included. Recommendation Include an assessment of the City's ability to finance capital improvements based on the most intense development allowed for the proposed _land use. Goals, Objectives and Policies 3. 9J -5.016 (3) (c) 4 The proposed revisions to Policy 1.2.7 (page 8.9, Capital Improvements Element) concerning levels of service on US 1 refers to peak "period" standards rather than peak "hour ". This modification to the stipulated settlement agreement does not meet the requirement to establish peak hour level of service standards for roadways Recommendation Revise the three references in -sub- paragraphs 1 and 2 in Policy 1.2.7 to replace "peak period" with "peak hour." B. COMMENTS 1. The level of service standard established for Sunset Drive has been established as "F" on this state road and should be changed to "E.'t This change on page 2.11, in Table 2 -9 on page 2.13, in Policy _1.1.1 on page 2.14 of the Traffic Circulation Element and in Policy 1.2,.7 on page 8.9 of the Capital Improvement Element. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. OBJECTIONS 1. 9J -5.021 The proposed map amendment is inconsistent with the following policy of the State Comprehensive Plan (s.187.201, F.S.) Policy (16)(b)l., to encourage efficient development in -10 areas which will have the capacity to 'service new population and commerce. Recommendation Revise the data and analysis to include the impacts of the future land use map amendment on public facilities and services. Revise the amendment based on the results of the data and analysis, as appropriate. B. COMMENTS None CONSISTENCY WITH THE REGIONAL POLICY PLAN A. OBJECTIONS 1. 9J -5.021 The proposed land use map amendment is inconsistent with the following goal and policy of the Regional Plan for South Florida: Goal 59.1 and Policy 59.1.5, maximizing the use of existing infrastructure and increase densities on land uses in areas where excess capacity for public infrastructure exists. Recommendation Revise the data and analysis to include the impacts of the future land use map amendment on public facilities and services. Revise the amendment based on the results of the data and analysis, as appropriate. 11 I RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS CITY OF SOUTH MIAMI Comprehensive Plan Amendments FUTURE LAND USE ELEMENT A. OBJECTIONS Data None Analysis 1. 9J- 5.006(2)(a) and 9J- 5.006(3)(c)3. The analysis of the availability of public facilities at the adopted level of service standards to serve the plan amendment is incomplete. The City's adopted level of service standards for solid waste, potable water and sanitary sewer were not used in the analysis In addition, traffic impacts on U.S. 1 were not considered nor were impacts on Red Road north of S.W. 6.6th Street, where Red Road is a- two lane facility currently operating at level of service F (see attached comments from the Florida Department of Transportation). The analysis is also incomplete because the impacts on public facilities is limited to a 135,000 square foot shopping center rather than the maximum or most intense development that would be allowed on the site if the land use map change is approved and the site developed. Responses a) The City's adopted level of service - standards for traffic, solid waste, potable water and sanitary sewers have now been specifically utilized in the analysis presented below. b) An analysis of the traffic impacts on U.S. 1 and Red Road North of S.W. 66th Street are presented below. c) The "maximum or most intense development" permitted under the Land Development Regulations adopted on October 26, 1989 is approximately 250,000 square feet. The revised analysis presented below is based on this "maximum permitted intensity", however, the actual development proposed by the Brandon Company is approximately, 125,000 square feet, therefore, there is a 100 percent safety factor built into the analyses presented. 2. 9J-5.006(2)(c) The City did not include an analysis of the need for the proposed land use change as it relates to the amount of land needed to accommodate the projected population, including the category of the proposed land use, density and intensity of uses, the estimated gross acreage by category and the description of the methodology' used. - Response: Rule 9J- 5.006(2) establishes certain data and analysis requirements for the preparation of the Future Land Use Element. As part of the required data and analysis, Section 9J- 5.006(2)(c) establishes -a requirement to analyze "the amount of land needed to accommodate the projected population. ." The City of South Miami provided all required data •and analysis as part of the preparation and adoption of the City's Comprehensive Plan in January 1989. The Department found that the City's Future Land Use Element was in compliance with all applicable requirements. The property covered by the Future Land Use Map Amendment (the "Property ") involves only 7.2 acres of land or less than one- half of one percent of.the area covered by the Future Land Use Map. As shown on the existing land use map, the Property is currently used for commercial purposes. Indeed, it has been used for commercial purposes for more than twenty years There are no .residential uses on the Property. The current future -land use designation of the Property is Low Intensity Office, The Low Intensity Office use does not contemplate any residential uses. The proposed future land use designation is General Retail. Therefore, this amendment involves a'change from one non- residential land use to another non - residential land use and will have no impact positive or negative on the "amount of land needed to accommodate future population ". Moreover, as shown in the adopted plan, the population of the City of South Miami is projected to decline over the next ten to fifteen years, therefore, there will be a decreasing need for residential land in the future. -2. With regard to the possible need to "justify" the proposed change from Office Use to 'Commercial use, it should be noted that the Property is already used for commercial purposes The proposed future land use map amendment does not represent a change in the actual use of the Property. Moreover, the City: of South Miami and in particular the Property, is part of the urban core of Dade County. The Property is accross the street from the City of Coral Gables and the University of Miami. Two blocks north and eight blocks south of the Property is unincorporated Dade County. The South Miami Metrorail Station is within 1000 feet of the Property. Hence, it is not possible or reasonable to undertake a study to "justify" the need for the proposed. amendment on such a small tract of land, particularly as it relates solely to South Miami. Moreover, the choice of which non - residential land use designation is the proper one for this 7.2 acre tract of land properly falls within the legislative discretion of the City of South Miami City Commission. 3. 9J- 5.006(2)(a) and 9J- 5.006(3)(b)4• Information submitted with the map amendment states that Red Road (S.W. 57th Avenue) "has been designated as a facility of historical significance" (see page 7, Red -Dixie Center, Responses to 9J- 11:006(1)(b))' It is further stated that "only safety /operational improvements to Red Road are proposed. " Since these improvements- are not specified, it cannot be determined if these improvements will be consistent with Objection 1.3 (page 1.8, Future Land Use Element ) to "[p]reserve historic resources by experiencing no demolition or reconfiguration of the specified resources.„ Response: The proposed improvements to Red Road (S.W. 57th Avenue) are shown on Exhibit A attached to this response. The proposed improvements have been reviewed and conceptually approved by the FDOT (see Exhibit B). All of the proposed improvements can be accomplished within the limits of the existing pavement base,' therefore, the proposed improvements do not involve the widening of Red Road and are consistent with objective 1.3 of the Future Land Use Element. -3- Future Land Use Map 4. 9J- 5.006(4) The proposed Future Land Use Map amendment is not supported by data and analysis of the availability of facilities and services as cited in the objections for. 9J- 5.006(2)(a),, 9J- 5.006(2)(c), 9J- 5.006(2)(b), 9J- 5.011(l)(f)l., 9J- 5.016(l)(a)`and (2)(b). Responses Section 9J- 5.006(4) requires the proposed distribution, extent and location of numerous land use types and natural resources to be shown on the Future Land Use Map. The City complied with these requirements in the initial adoption of its comprehensive plan. The proposed map amendment changes only the Low Intensity Office land use designation of the Property to General Retail None of the other land use or natural resources referred to in Section 9J- 5.006(4) are affected by or applicable to the proposed amendment. B. COMMENTS None TRAFFIC CIRCULATION ELEMENT A. OBJECTIONS Data None Analysis 1. 9J-5.007(2)(a The proposed text change (page 2. 11, Traffic Circulation element) states that "[u]ntil December 31, 1995, the peak ep riod level of service standard for U.S. 1 shall be 115 percent of the peak 22ELIod traffic count in 1989" (emphasis added) These references. to peak period are modifications to the stipulated settlement agreement which specifies peak hour. Response: The text has been changed to peak hour instead of peak period in accordance with the Stipulated Settlement Agreement. _4_ 2. 9J- 5.007(2)(b) a) The proposed text change (page 2.11, Traffic Circulation Element) states that "[a]fter December 31, 1995, the peak ep riod level of service standard shall be 150 percent of D capacity for U.S. 1" (emphasis added) This reference to peak period is a modification to the stipulated settlement agreement which specifies peak hour. Response: The text has been changed to peak hour instead of peak period in accordance with the Stipulated Settlement Agreement. b) The impact analysis- of the proposed land use amendment on traffic circulation levels of service does not include impacts on U.S. 1 or Red Road, north of S.W. 66th Street. The submitted analysis has not demonstrated that the ,land use amendment, if developed at the maximum intensity - permitted, would be consistent with the level of service standard established for U.S. 1. This level of service` standard was partially justified based on the City's claim that it "substantially reduced the amount of development that was permitted under the plan effective prior to 1989. ." (included as part of the proposed text amendments) The analysis does not indicate that the proposed land use change is consistent with the justification. Response: 1) The peak hour level of service established for U.S. 1 until December 31, 1995 is 115 percent.of the peak hour traffic count in 1989. As described in more detail in Exhibit C, the peak hour traffic count on U.S. 1 in 1989 was 6,435. The maximum permitted intensity of development under the General Retail Land Use would generate approximately 77 new peak hour trips on U.S. 1 (see Exhibit C) This represents only 1..20 percent of the 1989 peak hour traffic count, therefore, the established level of service on U.S. I can easily _be' maintained if the amendment to General Retail is approved. Indeed, as compared to the present land use designation of Low Intensity Office, the proposed General Retail designation will generate fewer peak hour trips. -5- _, r 2) The adopted level of service for Red Road is As shown in the comprehensive plan, the existing level of service on Red Road between U.S. 1 and S.W. 64th Street is A and north of S.W. 64th Street is apparently F, although no traffic counts have been taken in that area. As described in detail and shown in the analysis presented in Exhibit D Level of Service A will be 'maintained on the four lane section of Red Road and Level of Service F will be maintained on the two lane section of Red Road north of S.W. 66th Street. Therefore, the established Level of Service for Red Road can be maintained. Moreover, full development of the property under- the General Retail land use designation' will produce less peak hour traffic than full development under the current Low Intensity Office designation. Goals, Objectives and Policies 3. 9J- 5.007(3)( ll. The proposed revisions to Policy 1.1.1 (page 2.14, Traffic Circulation Element) regarding levels of service on U.S. 1 reference peak "period ", standards rather than peak "hour ". This modification to the Stipulated Settlement Agreement does not meet the requirement to establish peak hour level of service standards on road. Response': The text has been changed to peak hour instead of peak period in accordance with the Stipulated Settlement Agreement. 4. 9J- 5`.007(c)3, Information has not been included demonstrating that the map amendment will be compatible with Policy 1.1.2 to control' roadway access or with a neighborhood traffic management program that was to have been implemented by 1990 (Policy 1.1.3) Information has not been included that this traffic management program has been implemented and how the program will be applied to the land use change. These policies are located on page 2.15 of the Traffic Circulation Element (Note that "operational /safety related improvements to the adjacent roadway network will be undertaken. . ", page 9 of Red -Dixie Center, Responses to 9J- 11.006(1)(b). Therefore, the needed improvements may be inconsistent with Policies 1.1.2 and 1.1.3). -6- Response: The proposed roadway improvements and site plan are shown on Exhibit A. The proposed roadway improvements and site plan are consistent with policies 1.1.2 and 1.1.3 in several ways. One of the two existing driveways on S.W. 57th Avenue will be eliminated and a fully functional intersection will be created at the project entrance /LeVante. Associated with this improvement will be the elimination of the existing primary project- driveway on S.W. '66th Street. Only minor secondary project access will be provided on S.W. 66th Street thereby substantially reducing Project traffic on S.W. 66th Street.. The primary `access to the project will be from Red Road which is a minor arterial roadway. In addition, the proposed improvements will eliminate westbound left turns from Red Road onto S.W. 66th Street thereby eliminating a substantial number of existing vehicles seeking a "short cut" through the residential neighborhood located west and north of the property. In short, the proposed improvements will both enhance traffic flow on Red Road and implement the Neighborhood Traffic Management Program eliminating several existing sources of "short cut" trips "through the adjoining neighborhood. B. COMMENTS 1. The level of service standard established for Sunset Drive has been established as "F" on the state road and should be changed to "E ". This change should be made on page 2.11, in -Table 2 -9 on page` 2.13, in Policy 1.1.1 on page 2.14 of the Traffic Circulation Element and Policy 1.2.7 on page 8.9 of the Capital Improvements Element to ensure compatibility with the standards established by the Florida, Department of Transportation. Response: The Department has already reviewed the level of service established for Sunset. Drive in its initial compliance review of the Comprehensive Plan and found it to be in compliance. -7- SANITARY SEWER SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT A. OBJECTIONS Data and Analysis 1. 9J- 5.011(l)(f)l. The facility capacity analysis regarding the impact of the prposed land use map amendment on potable water, solid waste and sanitary sewer is not based on the City's adopted level of service standards In addition, the impact that is included does not address the impact for the most intense development allowed for the land use. Also, information on page 4.5, indicates some unspecified sections of the City experience low water _ pressure due to small diameter distribution lines. It is unknown if the proposed land use map amendment is in one of these areas. Goals, Objectives and Policies 1. 9J- 5.011(2)(c)2. Adopted level of service standards for potable water, sanitary sewer and solid waste were not utilized in the impact assessment of the proposed map amendment. Response: The City of South Miami adopted Level of Service (LOS) standards for water, sewer and solid waste are as follows: Potable Water 150 gallons per person per day Sanitary Sewer 100 gallons per person per day Solid Waste 7.6 pounds per person per day These Level of Service standards are for residential uses. Therefore, a residential to commercial converstion factor must be applied in order to evaluate the proposed General Retail Amendment. The actual service provider for both water and sewer is the Miami Dade .Water and Sewer Authority Department (WASAD). WASA has established a water use standard for commercial projects of 5 gallons per day per 100 square feet of - commercial use. Therefore, if the Property were developed to its _theoretical maximum of 250,000 -8 square feet WASAD would expect daily water -usage of 12,500 gallons per day. Based upon the South Miami LOS for potable water this is the equivalent of a population of 83.33 persons. Applying this population equivalent to the sanitary sewer and solid waste LOS standards provides the following: Equivalent Los Standard Usage Population Potable Water 83.33 persons 150 gallons /day 12,500 gallons /day Sanitary Sewer 83.33 persons 100 gallons /day 8,333 gallons /day Solid Waste 83.33 persons 7.6 'pounds /day 633.3 pounds /day WASAD has provided a letter indicating that it has the capacity to provide both water and sewer service to the Property (see Exhibit E) The Alexander Orr Water Treatment Plant, which supplies water to the Property has a current capacity of 220 million gallons per day_ with planned expansions to 256 MGD and °290 MGD in 1993 and 2002 respectively. The projected peak demands for 1993 is 224 MGD and for 2005 is 269 MGD. Therefore, - there is more than ample water capacity available to meet the LOS standard. The Central District Sewage Treatment Plant will provide sewage disposal for the Property. The plant has been recently expanded to provide a treatment capacity of 120 million gallons per day. This capacity .is more than adequate to provide service to the Property and the entire city for the foreseeable future. Therefore, the LOS standards for sewer can be easily maintained. Further, as indicated in the WASAD letter, the cost of any and all extensions or expansions of lines necessary to serve the property will be the sole responsibility of the property owner. Therefore, there will be no fiscal burden placed on any public entity for the provision of water and sewer service to the Property. Solid waste collection is available from either the City of South Miami or from any of several licensed private haulers All garbage and trash collected is taken to the S.W. ;72nd Street Transfer Station which has a current capacity of 8400 tons per day. Current usage of this facility is only 1200 tons per day and the Property is expected to generate less than one -half ton per day, hence there is plenty of capacity available. In addition, the County landfills currently have substantial excess capacity and are projected to have a remaining excess capacity of more than 7 million -9- tons in the year 1999 Hence, the LOS standards for solid waste can also easily be maintained. B. COMMENTS None CAPITAL IMPROVEMENTS ELEMENT A. OBJECTIONS Data and Analysis 1. 9J- 5.016(1)(a) and 9J- 5.016(2)(b) Because the data and analysis has not addressed impacts based on the adopted level of service standards, public facility needs to support the proposed amendment cannot be evaluated 2. 9J- 5.016(2)(f) -- An assessment of the City's ability to finance capital improvements required based on the most intense development allowed for the proposed land use is not included Response: The plans "showing the proposed roadway improvements and the WASAD letter identify a number of roadway, water and sewer improvements which will be required or are at least desirable to provide service to the Property. Under the existing policies of the City and WASAD, the cost of all improvements required to provide service and /or meet the LOS standards,_ will be the sole and complete responsibility of the owner of the property. Further, all development orders approved by the City for the Property will be conditioned upon the owner providing all necessary improvements and facilities required to maintain the adopted LOS standards Since the owner of the property will be solely responsibility for providing all necessary improvements and facilities, the City will not be required to finance any capital improvements and will only benefit from the increased tax revenues generated by the proposed project. -10- Goals, Objectives and Policies 3. 9J- 5.016(3)(c)4• The proposed revisions to Policy 1.2.7 (page 8.9, Capital Improvements Element,) concerning levels of service on U.S. 1 refers to peak "period" standards rather than peak "hour ". This modification to the Stipulated Settlement Agreement does not meet the requirement to establish peak hour level of service standards for roadways. Response: The text has been changed to park hour instead of peak period in accordance with the Stipulated Settlement Agreement B_ COMENTS 1. The level of service standard established for Sunset Drive has been established as "F" on this - state road and should be changed to "E ". This change on page 2.11, in Table 2 -9 on page 2.13, in Policy 1.1.1 on page 2.14 of the Traffic Circulation Element and in Policy 1.2.7 on page 8.9 of the Capital Improvement Element. 2. The Department has already reviewed the level of service established for Sunset Drive in its initial compliance review of the Comprehensive Plan and found it to be in compliance. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. OBJECTIONS 1. 9J -5.021 The proposed map amendment is inconsistent with the following policy of the State Comprehensive Plan (s.187.201, F.S.): Policy (16)(b)1_, to encourage efficient development in areas which will have the capacity to service new population and commerce Response: As shown above, there is already adequate infrastructure capacity to serve the Property. In addition, the City and the Property are within the IF MIAMI-DAVE WATER AND SEWER AUTHORITY DEPARTMENT ;::• i} • P.O. AOX 3"310 Male Office MIAMI. R(OAIDA 33223-0116 3312!L Weva1 4etr TNtPha t 465.1471 March 31st, 1989 William R.- Londos The 'Brandon Company Bayview Executive Plaza 3225 Aviation Avenue, Suite 600 Coconut Grove, Floridan 33131 . ate: Water and Bawer Service to South Miami Center (S.W. 68th Street and- S.W.,57th Avenue) bear Mr. Loadost This is in` response to your letter dated March 21st, 1989 regarding water •'hnd sewer service to the referenced project .= fob thd`7-= proposed construction of a shopping center with 136,556 Square. feet. Water service may be obtained by means of ,a. water main -extension from an existing eight (8) inch main in S.W. 68th Street. However, the Department will require • a 12 -inch water main extension in S.F. 66th Street and a 16 -inch water main extension in S.W. 57th Avenue. Sewer service may be obtained by means of at gravity sewer connection from existing gravity sewer mains in S.W. 66th Street, S.W. 68th Street,, and in S.W. 57th Avenue abutting the northern, southern and the eastern boundaries, respectively,- of the refenced property provided that there are no obstacles along the route of the gravity sewer extension which would preclude the construction of such sewers. Information concerning the estimated cost of facilities must be obtained from a consulting engineer. All crests of engineering and c®nstruction will be the responsibility of the propext:y owner# In- addition; the Department's standard water and sewer conuection6 charges will be required. Easements must be provided covering ahy_on -site facilities which will be owned and operated by the. Department. EXHIBF E Sib •d. Na sdA 's a3H03ads'3a � NnX zs vt ®6, se a Page No. 2 t•. .'i 7•�,- »• a t � a. ; . r•��pLLiY•:wv �.�r� L �ii ;:j� •':J i •t • • ►•� . -yS • At the present time, we'•thave' available water and sewer system capacity -for the referenced project. Howevor, the availability of water and sewer service for subject property is conditional upon the approval of various regulatory agencies and no continuing unconditional co mitment can be made at this thee. Consequently, this letter is for informational purposes only and is not intended as a' commitmesit for service. All conditions' noted herein are effective only for sixty (60) days from the date of this letter. When development plans for subject property are finalized, and upon the owner's request, we will be pleased to prepare an agreement for water and sewer services., provided the Department is able to offer those services at the; time of the owners ` request. The agreement will detail regnirements for • off -site and on -site facilities, points of connection, connection charges, capacity reservation and all other terms and conditions necessary for service in accordance with the Department's Rules and Requlationa, ; if If we Can be -of :.further _,assistance in this matter #,:::please contact us. -' :..� ..r... Very truly you 11 , Tomaa R. ouria utilities Development New Business Manager TRt3leh - - cc: bulce Rodrigues Rick Herrerar -r SAS • d . W ASU l .'8 `213 MWS `Mwn� 2E c b ti 06, S0 800 �- T AMENDMENT TO COMPREHENSIVE PLAN April 9, 1990 ANTHONY ABRAHAM /BRANDON COMPANY TOTAL LAND AREA 7.2 ACRES 313,632 sq ft I. EXISTING DEVELOPMENT - LO ZONING DISTRICT Existing F.A.R. 0.19 Existing Building Area (square feet) 60,960 Existing Number of Parking Spaces 372 Existing Building Height (stories) 1 II. MAXIMUM POTENTIAL DEVELOPMENT - LO ZONING DISTRICT Maximum F.A.R. 0.70 Maximum Buildable Area (sq ft) 219,543 Required Number of Parking Spaces (Office) 879 Maximum Allowable Building Height (stories) 2 III. PROPOSED DEVELOPMENT BY APPLICANT -'GR ZONING DISTRICT Proposed F.A.R. 0.43 Proposed Building Area (square feet) 135,000 Required Number of Parking Spaces (Retail) 450 Proposed Building Height (stories) 2 IV. MAXIMUM POTENTIAL DEVELOPMENT - GR ZONING DISTRICT Maximum F.A.R. 0.80 Maximum Buildable Area (sq ft) 250,906 Required Number of Parking Spaces (Retail) 837 Maximum Allowable Building Height (stories) 2 RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY LOCATED AT 7600 S.W. 59th AVENUE, SOUTH MIAMI. WHEREAS, the City' Administration has imposed a $500.00 fine and a $188.00 quadruple fee regarding a building permit at 7600 S.W. 59th Avenue; and WHEREAS, the Applicant wishes to appeal' this decision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the appeal of the Applicant from a decision of the City Administration is hereby denied. PASSED AND ADOPTED this day of _ 1989. j APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY \7600sw59ave.den i Re Pq SPECIAL APPLICATIONi TO AMEND THE CITT OF SOiTIE MIAMI COMPREHENSIVE PLAN I. APPLICATION FORM A. APPLICANT The Brandon Company Bayview Executive Plaza 3225 Aviation Avenuet Suite `600 Coconut Grove, Florida 33133 305/854 -8855 B APPLICANT' S RBPRESBN'tl1TIVE Carter N. McDowell, Esq. Fine Jacobson Schwartz Nash Block i England 100 8.8. 2nd Street _ Miami, Florida" 33131 305/577 -4023 $y: A60 Ar I - C. The Brandon Cosipany - - tho contaat:7 property that is the subject of tlii; a ,�cai_ pp 'Property') The property is Own- ed- by."M ffioAy R. elbr as 6600 Red Road, South Miami, Florida 33143. II. PRECISE DESCRIPTION OF REQUESTED CHANGE A. The Property is legally described as follows: PARCEL NO. 1 _ All of Tract 1 of the revised Plat of FERNKOOD, accordi_hv, to the Plat thereof, recorded in Plat Book 35, at Page-72 of the Public Records of Dade County' Florida less -'the South 475.657 feet of the West 100 feet and less also the East 150 feet of the South 330 feet and less also the South 125 feet of the West 175 feet of the East 325 feet and less also the East 75 feet of the West 175 feet - of the South 125 feet of said Tract. PARCEL NO. 2 East 75 feet of the Rest 175 feet of the South 125 feet of revised Plat of FERNHOW recorded in Plat Book 35# , at Page 72, of the - Public Records of Dade C_! - — PARCEL M: J3 -, _ _ w �- s The North i32 feet of the Si* 1/4''. f 1/4 -of l5ecton:::2�� :<5woxn hip 54 South - the ;,No�cty t= - rth,A32' That part of the SE 1/4 of the NE 1/4 Section 25, Township 54 South, Range 40 Ea "stdescribed as follows: Begin at the SE corner of said SE 1/4 of NE 1/4 of SE 1/4, thence run Kest along the South line of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 185 feet for a point of beginning; thence run North parallel to east line of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 150 feet; thence run West parallel-to-the South line of ri . i YSir- i{i- .- .� •'�':{. ^�`n, . said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 100 feet, thence run parallel to the east line of said SE 1/4 of the NE 1/4 of SE 1/4 for a distance of 150 feet to the south line of said SE 1/4 of NE 1/4 of SE 1/4; thence run East along said south line of SE 1/4 of NB 1/4 of SE 1/4 for a distance of 100 feet to the point of beginning, less the South 25 feet for public road purposes. PARCEL NO. S _ The North 180 feet of the South 330 feet of the Bast ISO feet of Tract no. 1 of FSRNWOOD, a subdivision recordwd In Plat Book 35, at Page 72 of the Public Records of Dade County, Florida. B. See Attached Map. C. Amendment of Future hand Use Map designtion- of the Property from Low intensity Office to General Retail .is being requested pursuant to Resolution- *No. 33- 81=8013 adopted by the City of South Muni. City: % :Comm4setgj on April 4, , 1989. III. JUSTIFICATION FOR A�ISBPT The Proposed Future Land Use Map Designation Amends9a__f; w low intens f X of ice . to �enerah cel evil ., � - at3 several dif fe*i4 t bases. oversight iq Ae�[�', as�o� Property has hista3c ce ,been °[e8. Retail Use 'end is currently zoned C ='� This Property was originally developed as a c n ty shopping center with the lead tenant being the Stevens Food Market and other smaller retail uses. After the food market went out of business, the property was occupied.by a succession of retail uses, including the •Yui :, ?um - n skating rink and now a mixed use complex containing offices, retail uses and nightclub /retaurant.uses. it ^is the 'ar c 's " elief 't iat'•`�h��P` 'rtY „s'bonld again be designated for General Retail 8o that they can redevelop a community shopping center o.11- the site of approximately 135,000 sq. ft. ' Second, the proposed community shopping center- will be.. open to and provide services and job opportunities for the immediately surrounding neighborhood. In contrast,- a low scale professional office complex would,.” ::by its very nature, turn its back on the_ immediately- surrouunding neighborhood and would provider services malinti to 60ents in the larger surrouMing area as opposed to the adjoining neighborhood. A`quick review of the area north of V. S. 1 shows that there are very.._ liatit f i available to . :sere the ;vA* bbor _ r result the °n to the! neiY�hl6icHtid"nortlt . ofl :. office..destana ' t will not -` - 47W..& TT e- 'Alf a a that are typically associated with complex. p As a result, iiar Y of ;_ immediately surrounding neighborhoods will be ell' a for jobs within the community shopping center that they would not otherwise be eligible for if the"property were developed as a professional office complex. -2- ROBERT IL SWARTHOUT, INCORPORATED 444 south Dube Hithway, Suite lal Boca Raton, Florida 33432 (40 39nMM • �3� Est -�soo Marsh r7, �� � � �n Sonia lasm. MAR 20 IN Acting Planning and Zoning and Building Direct BUD. ens $nlb Wmmk brida $3146 + Dear Ms. Lama: Pursuant to your request, we have reviewed the comprehensive plan to evaluate if and how property designated Low Intensity Office could be developed with a proposed WarshalCs Store. It is our understanding that such a store world be a two•rtory etrict ive predominantly ;occupied by retail comnsenial axes as both floors. We wire emsidered the following options: 1. ffu knw* of tupim could be fntard d to permit tAePnojposed deaclgpmd basal on a reniew gf the emet v note: and tdm prprts<ant to whM the tangaryle was enacted,- '�' -r-• , , k is ow belief tha>tp�4s!4 approads.e�ald to.ehaa is be"�ltvoldsd:" . - Webei r.f .. -' 1 is. ieve that the p6 ufigatsge is'iieitlrer more "nor ess spe "fie lead qie Commission wished it to be. Questioeu whie6 tha Coii�iinission not specifically settle in the plan should be resolved in the development code, not by attempts to interpret the plan based on comments made during the course of • debate. ;t. The proposed project could be developed as a planned unit development. We believe there _is no basis for such action in the plan. We do not interpret tha planned tn►it development language on page 1.39 as applicable. Ibis laiigwsge authorizes modification in certain heit A and other bulk provisions of the plan; it does not authorize modification of uie provi =ions. 3. Elie proposed project could be developed by grant of a varianua Language on page 1.39 permits variances to the plan. Therefore, A is theoretically possible that the project Aieh prompted this review emid proceed wider a varknee. However, we think it probably would be inappnpriate to do ae. Court precedences set rather rigorous standards ffbr variances, We seriously doubt that the subject propergr could meet those standards. We haw certainly seen no evidence to justiljr granting a variaam The C1W should be willing to review any evidence auy pssperif owner might *vs. fsf �r�• variance. However,i the. em under oobisiderdcu i! , it �• - ~ 5.._ it •+a .. '�+M .F.'ar • aA �.... w�� .�•. � «.:��Y. '.turf °ft�-1r L r w �.�..L -_ __ r. .. .... «...� �•�- ___• L�ii __ - �.« Ms. Sonic Imn City of South Masi March 17, Page 4 weald be inappropriate to offer encouragen+ent that sud► an approach would be faun uL 4. fie propowd Prod could be developed wider new wdng rgpdattons to be pVared as part of'the development ends which must be enacted to Implement flit AM Tl� appraaeh-nece`ssitates intcryr�ting 8ie plait ss ittin� sadt -- - - . rdopment We do not believe.the plan an be so interpreted The relevant latiguage appears on page number IAO under the heading'Low- Intensitji Office (Two Story).' We read this section as limiting second floor uses to office uses; there is no way that zoning language can be used to legally circumvent limitation. If the proposed project could be developed with only office- ubted retail uses-on the second floor, then it is possible that it could be approved under the plan language permitting retail uses as , conditional uses. In our pion, this option should be exercised only through zoning language qpcifically enacted by the Commission for" purpose.. ii. mound the Comprehensive Plan to permit prqiects like the prop"a p^41ed• We thine this would be the best course for the City to follow 9 it wishes to approve Ge pr. We are particularly strong an this point if the project is to have other Ow rice related commercial uses on the second floor. Approval of other than Aice-related commercial uses on the second floor would clearly be silent with the plan as it is currently written. Furthermore, while we Men that the Commission could enact zoning regulations which permit total dmbpment of the first floor with conditionally approved commercial uses. we Ulm su& zoning regulations would be stretching the intent of the plan to the TnitsitplauslAft. If the Commission wishes to have a Mara Ws Store on a eke, we think it would be better to plan designate the site as General We bopsVoWer is helpfnL If you have any questions, please eat We'bvfli by Very discaat` fi►rther. - i - - - ', • may. •• t 4+e , _ Steplrea " ,MCP, AIC � � RobertRUm1hout, MArch, AICP cc. Itsmpton, City Manager •.�Sr � OFF Public Participation Pir000dun+es Ir Amendlnd the 1988 Comnprdiensive Place 1. Schedule. as a minimum, one local planning agency public participation workshop on each proposed plan amendment or group of amendments to b considered together. 2. Direct the appropriate City Administrative personnel to provide notice to the general public of the scheduled planning workshoge). At a minimum, the notice should include publication of one l%d notion of the'C*% desire to obtain the direct involvement of individuals <mA groups In the plan amorhdment process. 71he no" should elate flue flue O welcomes the paraelpetion of am with a specbd intend in plan amadments as well as those with a gum-d interest Include its do notice an Invitation to participate to plait amendment decision - making by a. reviewing proposed plan amendment drafts and related studies; b. attending IN* public participation workshops and participating in discussions sued to workshop procedural rules; and C. presenting is go LPA written material containing »levant fscts, idea and comiments. S. Adopt procedural rules for the wn loo worUhovs. Rules should include reserving time tor. MWO p annex of comments by the public. !. Direct the appropriate City official to diistnbute the proposed plan amendment drafts and related studies. 5. Direct the appropriate City official to prepare copies of plan amendment draft and related studies for distribution. e report u marne public common now the planning process bas responded to public comments I. Hold local planning agency and City Commission public hearings on proposed Plan amendments. Schedule hearings and provide notice as required by Florida law. r S. Assign responsibility for monitoring effectuation of this public participation Plan to the individual with the most appropriate administrative authority. RESOLUTION NO. 33 -89 -8013 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, • FLORIDA, INITIATING AN AMENDMENT TO THE CITY'S ADOPTED COMPREHENSIVE PLAN, SUCH AMENDMENT TO BE TOR DESIGNATION OF GENERAL RETAIL USES ON PROPERTY DESIGNATED CURRENTLY AS LOW INTENSITY OFFICE, WHEREAS, pursuant to Chapter 7 of Ordinance Wo. 22 -82 -1145, the Mayor and City Commission may initiate an - Amendment to the Comprehensive Plan at any time by Resolutions and WHEREAS, the Mayor and City Commission _desire to amend the Plan to change a land use designation. 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 hereby initiate an Amendment to the current Comprehensive Plan of the City.; Section 2. That the -Amendment shall take the fora o!� tin changing the land use designation from low intensity office " General Retail on property legally described as attached on Exhibit -A• hereto. Section 3. That the initiation` of this Amendment in no way precludes the City Commission from denying the requested amendment upon future consideration at public hearing. PASSED AND ADOPTED this 4th day of Aprtl • 1989. APPROVED r 1+�AY AT t CE READ AND APPROVED AS T0. FORKt. -t- CITY ATTORNEY. :, = - ..�„�._ -s._ . �`r'�. •re5✓- >.- y^..., -sus ^_ ,__ 'a ` - ee..e !south sm \amendcp.res :o the! of th3 and the tills . -�^ A. o, 1 Ro ry J. N � 3n, City Clerk •�Mf� • ANNUAL. REVIEW AND AMENDMENT PROCEDURES FOR THE SOUTH MIAMI COMPR RNS1 E PLAN .Purpose The South Miami Comprehen :Ave flan was adopted by the City Commission in 1981 as the official guise for managing growth and development of the City of South Miami area. As prescribed by Section ) of Ordinance 13 -81 -1101, specific procedural steps and requirements are to be followed ft Comprehen- sive Plan review and amendment. The Plan review and amendi*- ,process was established to provide a means for amendii►g the Plan for o ajt..4f the following reasons: (A) V* need to correct an error; . .. reflect changing circumstances or conditions in the coanta�i�►.,; the need to improve the ability of the Plan to fulfill its bos, intent, purposes and goals �:..,. ..�.rr,.^ ..,rte ' z •' tir 7r. Sct Xie' of Events The Plan review and amendment process provides for the H114'.- appl cations requesting amendments on an annual basis. Such applicatibn°.�it1ed with the Director of Planning and Zoning during the pe>idd`' October 1 thro h November 30 of ..odd numbered yea After On `i tl tanning Boa�i6dil then hold one or more' - public.: interested persons the o and"', pe pportunity to discuss and"coat' tions and to exchange ideas. An: opportunity is also' comments to u ted by t1* -01090-P., ter. submit to °� # ng .Board the iecomaiedatf f c nnggee. The Board ui hearings .bA f+alx! nine, _ stiff of then '�lmenr�oets� 'Ediens,`a s the Plana ng $card Will take act sand recoa3nen ` o.� :y. oani #s oq which requested amendments, if any; should be adopted,tx►dified. or accepted' by ordinance as revisions to the Comprehensive After receiving -tire' Planning &lard's recommendatans,f t`he.:Cfty CaAmission will hold one or more public hearings on the proposed amei*e64s,- Action will be taken by the Commission• based upon the .c •..ids s ssed at these heUr i s_ and, he cat ons: - fiowe�r r,. mus processe in e same manner as are the regular appticattons. Schedule = Pleasi refer to the annual Comprehensive Plan Amendment Schedule attached herewith for specific dates and deadlines.' .�� ... �_�__. - f J• r a +� a.: {'T>,. ks x11 _ t �_ •- - 2.0 •tom wgp .e •• T..,.•.- r- �+ls -,� _.,'iry —. �'4'r'si x�y y .t i y k ijt +� ...+ 1'• iti.+.• i « • iKL1 i ~i x• �1 ►•i�ay �•ii "i.•'i•'t �, �; i s~ f''�. ! 3 _ i � ,u! T7' y,� , S s .y � s.�.i.%i���� �.�5. '*' �`.. � `i ?sa * � .L^ •. ..` ♦ s ' 'i . - i:r `y. ,,L+,s1.�rgh. . � 4. • .. ~ ;� w� t. y �t 'i� �Ji. ♦ 't" �_ ` - - - ' •a:s� a _ �.l .,wr 7' x��.'.f: y Y a 's •• { =� it' ��' . st �.. s ���^'76"j �� - Jyt II Procedures for Requesting Amen4wnt Any individual. organization, group, or firm may apply to the City for a Plan document amendment. for each requested amendments a separate appli- cation form must be completed. Each applicant is responsible for preparing his or her own application fora, following the general avid specific instruc -- tiors detailed below. All applications are to be filed with the Planning and ning Department Vi Noiember 30 of odd numbered years. The Planning a Zoning Department. upon review of the accepted application, ny nquest the applicant to supply additional or clarified information necessary to complete the review of the application. / v Each application form must be typed or printed on X.a „iQck- poper+ and cannot exceed four pages to length ,including gra 4; ; for applicants to submit supplemental information Petitioners for -a elan -that 'e "i rged 'to eval Vie. :and 'care fully determine if. -in fact, a Plan change is -necessary► to objective. Many specific proposed land uses can occur yit conflict with the more general provisions of the Platy, #" 141 MI— cant sould be familiar with all components of - the ;Compt��� •: ,� t0'be certain that a particular Plan amendment is truly". esa#;ons; as . to whether or not a Plan amendment is required shoo d ,I! rec r ; .1 to'the Director of Planning and Zontag, who trill render fesponse to such inquireies. ".Four basic intora�a #`io 1- if is` aau ay"Ar oti, ff., prepared: ands i;#iebl eacA apA3caa .. -The'i . ahe fotiowinu .� on fa:�#Ae - to�.t+� 'indicated, bed' Pjta . Tette'r - taus_t: -. = ' +i1P Z' 1. APPtICIkTIOti Name,' address (including ZIP code) and telephone n u-te r• of_ :the indt- vidual filing the applications.- If this indtt %dual`'l �t1q• ` "� representative for a client or organizations his or her name should be followed by the words "representing (name -of_ - client br-- orpiltatioa The individual :filing .vie appplication n above anfoirationi atst be �folto" wed by or not the applicant. client, and/or resen iivd' �an der o,•�: . any property that is subject of the appiication: If ;the ap ltca�t; client and /or representative owns all or, .part -of the sub ec area.,the number of acres owned must be stated and delineated - on tp rthich shows the boundaries of the subject appiicati&14iea. 2. PRECISE DESCRIPTION Of REQUESTED CHANGE Make clear reference to the component of the Plan doemot for rfilcU'a change is being requested (by indicating slap.• graphic or table * title and page number). Such references must be made only to thtit *dittos of the Plan dated June 39 1981. 2d .�rt.F�f.r iy -_'ws• ��� .a!e�'�+:ii+ - :rim ^. a es„e•�Y�w � T'^. r� .•� J r ti � • � mss'' ra �y �"•r li:'� ��� .a1� -%� �''•. tr s t- y ? •� t, i :r + e� t_ 1'r� s i � y. 'eri �^y'[ a .: .t ti - '•e 2. PRECISE DESCRIP110N OF REQUESTED CHANGE (coat. Be as specific and clear as possible in describing the requested change. If your requested change is to the Future land Use Plan Hap, the following i nforration Faust be submitted regarding the lo- cation involved. /a. A clear and concise written description of the boundaries. The area for which a change is requested Faust bo s - ,. a base map at the scale of 1 = 300 The bi4SO • . identify roadways and section- township•rawge. if.'# property that is subject to an application is' i 10 displayed at a 1' 300' scale on an '141 alit da ssaljer scale ety be uses. - r c. the. present land use designation "of they a ea r or is being requested and the land use designation bring tested, If your'requested change is to a written portion of the .:Plaacl``: reference must be grade to that portion of the Plan for. - nge is desired. The page and paragraph numbers South Miald rehensive Plan (dated June 3, 1881 ane Kroh year to year. �. r...M1.r• � •:asses y. . 3. JUST FYCASifllt FOR{�AMENOMENE _ �r� , �� - t •' S. • Thi ,, } ' ipn #3- �l�►u'i� i. ude,�.a,�. • ~� � - to�'correc3 nee circumstances or conditions in the c I (I tiie ieed'�to �oprove the ability of the. Plan to fulfill the -basic integ,"d oats of the P When identified -con cts ex s su9 es a apD lso request change Ztt.'tho =e :. ob ect yes of i, or, r delines _of. -t art. xumeaof Y x Rcc :rs . - , n '�reques s tti it ba lvat u n p .. Oa.`exteni � to which they'would be in the public interest and "ntiance`the' ability of the Plan to serve the public benefit, the applicant-'should tplude statements addressing these considerations.< 4. ADDITIONAL-MATERIAL SUBMITTED Two non - returnable copies of all supporting material; to.be'lt leg= dr the, end of the application form, must be submitted *tb ., ' ai. These materials will be available to the public for.its nspec .6nt will not be reproduced by the City. If additional ccoopp3e�srile to the publicq the applicant should indicate this and. ` sary information required by the public for _ ..•.•• -•rte • ••-•. � . ,mot, t T X31 � aC -�� 4��ii � ��✓ � , � � • j . .l ••,-mob ..��• • t r _s�+..+sl•t _�i r , f � - 0 4s ADDITIONAL MATERIAL SUBMITTED (Cont.) if any. If there is no additional material submitted with the appli- cation, print or type in the word 'none* after heading number W. Deadline for filing Supplementary Reports e2., market analysis and real estate appraisals, that are not 4a0pplicatio nsp pw a demmiration by uW in .'rested that an injustice will occur. Procedures for 14akial-Written Comments to Requested Appl scat Ift After the posting of the property. the public will be invited and encouraged to convent on the applicationse not only at works 'MAd bet I _Wt. also In writing. Any person, organization, group or.. 1 Aft comments accepted for cons deea-tion prior to recwwndations on the applicatiolis Ao ameiO a led with the City b W, Y Feb It& �Jknumbere r ruary the written p fcco"hys- as AW4 XAW Applicatio n$! i1' they &M4re 'i n t C d" four paoesinformation `"Wftte ft C ft AV pot O follows " -or- it r jud legal size 1. Nam-e, addre with -ZIP codej. telephoner and organization of the person making the written comment. ,:m;7__:1+e__ 2. Identification.of the application and statement of support-or opposition Otis 3• A statement of goils. objectives* policie! 11 1 C hick supp he_ Comprehensive Plan* 4. A listing if any 'additional or supportive. al filed wi th the City and, if applicable, an indication as to where additional copies may be obtained by the public and the cost, -if any. If additional material is submitted with the -60b I sl4ij ften comments, two nonreturnable copies must be submitted to the City for public review. Additional Information Anyone having questions regardi any.aspect of the -Plan-review amend meat process or desiring to purchase or review.poples. should visit or call the Plant , and Zoni 6130- Sunset Drives vjidf�_ 7 7� A'i vi� vjidf�_ ffi Planning Board July 25, 1989 Sylva Martin Building Tuesday, 7 :30 PM A. Call to order and the Pledge of Allegiance to the Flag of the the United States of America. B. Roll Call: Present AbanL Susan xraioh Tom Cooper Larry Ligawmare John Andrews Robert Parr Manuel Gutierrez, Jr Neil Carver Also present were: Sonia Lama, B a'E Director: Bill Mackey, City Planner; Patricia DeLisa, Board Secretary. C. Public Hearing 2 Applicants The Brandon Company Request: special Application to amend the City of South liaai Comprehensive Plan on the property currently referred to as the Anthony Abraham Property from LOW Intensity Office to General Retail use, - pursuant to Resolution 33 -89 -8013, adopted April 4, 1989. Location: 6600 SK 57 Ave. Carter HcDowell representing the Brandon Company signed in.. displayed aerial photographs -,and a site lan of tns pro �y Also, he distributed copies jof'au;�eoonomioeas`bility atudy�gnd market analysis of the project: discussion � followed among: ems`;; Board, Steve Brandon of the Brandon Goiapany and - Nr. KcDowel1:7`6R t'�ie information found in this preliminary analysis. Mr. Brandon iidi comparisons between his project and the Bakery Centre, specifying reasons for the potential success of his venture as opposed to the reasons for the failure of the. Bakery Centre.. _- Having - - !'-anchor— - tenants' or-- "draws!! : = -in= hiss- proposed project, which the Bakery Center :lid not have, and a Nneighborhood shoppinq.tenant :mil" creates the most- positive ,prods* for_ success. This property is adjacent to a mbligh'W" aims - aiould.,� the value of surrounding propefctiies as vsl . _ ► 3� _ r mss• :s �� :.i+ - PB Minutes` Y A s 6 K- :77 - T i •♦ A•` f� 300/400 jobs also. This property could possibly have additional offices built on it but the parties involved here feel the area is overgrown in offices and that a shopping center would better serve the area. Board member Ligammare asked if marketing research has been done with regards to the utilization of this proposed shopping center by the people in the area? McDowell stated that this is a - community shopping center with variety of retail abopr "eared toward the community. Mr. McDowell introduced Steve Brandon, of the Brandon Company who further explained that "anchor" tensnts will be very evident in this project. He noted that the primary key to the success potential is the dollars per square foot generated in the retail area of South Miami, this to answer Mr. Ligammareis question. This is a basic community shopping center designed to fulfill a need. There is no grocery store proposed with this project. There is no present intention to acquire the site used by a Mobile station situated on the corner of this property. There being no motion required, the subject is deferred to a later' date. D. Revised minutes of 4 -25 -89 were approved. E. Remarks: Monday, July 17th at 7:30 PK is the Planning Board toning meeting. F. Adjournment. Secretary Chairman PS Minutes S 6 -27 -89 > ;� sa.s ��'gr_.��Yy.��•i /i'����'�,r� wt � � � � �� 7L:i Y.X.��� �. � �• i '„ . f been presented to the Safe Neighborhoods Advisory Board for consideration and was advised that it had not. Mr. Cooper felt that the SNAG would be interested in this matter and asked staff to proceed accordingly. Nr. Gutierrez suggested that the applicants consider deleting the top three feet of chain link fencing and adding something which would keep people from sitting on : top of the fence. In this way, a variance would not be required. A six foot fence is allowed under Code. Notion to deny. Vote: Approve: S opposed: Z IM-82-014 Applicant: The Brandon Company Request: Special application to amend the City of South Kiwi Comprehensive Plan on the property currently referred to as the Anthony Abraham Property from Low Intensity office to General Retail use, pursuant to Resolution 33 -89 -8013, adopted April 4, 1989. Location:' 6600 SM 57 Ave. Legal: parcel No 3 All of Tract 1 of the revised Plat of FERNWOOD, according to the Plat thereof, recorded in Plat Book 35, at Page 72 of the Public Records of Dade County, Florida less the South 475.657 feet of the West 100 -feet and less also the East 150 feet of the South 330 feet and less also the South 125 feet of the West 175 feet of the East 325 feet and less also the Bast 75 feet of the West 175 feet of the South 125 feet of said Tract. parcel No. 2 - -East 75 feet of the West 175 feet of the South 125 feet of revised Plat of FERNWOOD, recorded iii Plat Book 35, at - - - = - -_ - -- -_- - - Page -72, _ of .the Public. Records of Dade__ . -County;- 3orida: - - - --_ - parcel, Imo. 3 PH _ xinutes 3 _6 -27 -89 c The North 132 feet of the SE 1/4 of the NB 1/4 of the SE 1/4 of Section 25, Township 54 South, Range 40 East, less the North 25 feet of the North 133 feet of the SE 1/4 of the NE 1/4 of the S8 1/4 of Section 25 Township 54 South, Range 40 East. Parcel No. 4 That part of the SE 1/4 of the XR 1/4 of the SB 1/4 of Section 2S, ToNnsh p 54 South, Range 40 East described as follow: Begin at the g8 corner of said SE 1/4 of NB 1/4 of SE 1/4, thence run hest alonq the South line of said SE 1/4 of NI 1/4 of SE 1/4 for a distance of 185 feet for a point of beginning; thence run North parallel to east line of said SE 1/4 of N8 1/e of SE 1/4 for a distance of ` 150 feet; thence run west parallel to the South line of said SE 1/4 of 3W 1/4 of SE 1/4 for a distance of 100 feet, then ran parallel to the east line of said 3E 1/4 of the NE 1/4 of .Se 1/4 for a distance of 150 feet to the south line of said 88 1/4 of NZ 1/4 of SE 1/4; thence run Bast along said south line of s8 1/4 of NZ 1/4 of SE 1/4 for a distance of 100 feet to the point of beginning, less the South ZS feet for public road purposes. Parcel No. 5 The North 180 feet of the South 330 feet of the East 150 feet of Tract No. 1 of FERNWOOD, a subdivision recorded in Plat Book 35, at Page 72 of the Public Records of Dade County, Florida. Representative Carter McDowell signed in and presented drawings. This agenda Item is a workshop, required by the public participation portion adopted by the City in its Comprehensive Plan. The purpose being to provide for public input into the Comprehensive Plan amendment process. Drawings were presented showing proposed changes in the Anthony Abraham properties. Kr. McDowell stated that it was originally designated as low intensity office development, two stories, and was probably a mistake.. The Brandon Company. would like to come in and create a- mm shopping center of approximately 135,000 sq ft on this site. It Is felt that there is a need for shopping services of the Wit e proposed here to accommodate the surroundinq neighborhoods. `rill creata.Udut PS Minutes 4 •rt`i`.R t;,► •i- +• =lR.�i•'••.':1': - s i .! ; a . 4 t Y !%..%i�rt'�rl;'Ai+ •Aa'`di; �.': i. ay •1� ~ %i+Pirs :'f.y: s. _ 4- s .. 7 ?t• r {I 3v j.�_ _�. 1 .r .F^ a .- - x y t .•• s -.. r - - -- living nearby. Noise buffers and the best traffic flow ar* important matters being considered in the design. Mr. McDowell asked the Board to recommend to the City Commission that this proposed project be transmitted to the State for review. Notion made by Mr. Gutierrez for approval of the request as stated. Seconded by Robert Parr. Vote: 5 - 0 PB -89 -015 Applicant: Margaret S. Harrison Request: Variance from Section 5 -4 -3 .02 of the City of South Miami Zoning Code to allow a setback of 6.7' from a side - (corner)'where a setback of 1511 is required: Location: 6394_S.W. 42 Street The applicant, Mrs. Margaret S. Harrison, is deaf and had her neighbor to speak for and with her. Staff reported that there is an existing carport which the applicant would like to fill in. This was built prior to the present setback requirements of the City. There are letters from Doctors, etc. attesting to the condition of mrs. >Harrisonts invalid mother. Because of the nature of the zoning code, Staff cannot recommend approval because a hardship resulting from the nature of the 'land has not been established. Cost is not considered a hardship. The carport is not in violation at this date (as an existing structure built previous to the adoption of the zoning code). If a carport were. ao be ,built.Fthere" today, it would„ bane. to conform to present zoning. Board member Gutierrez asked if it were possible buiid an addition elsewhere on the property. Krs. Harrison's neighbor stated that, cost of such addition would be prohibitive for Mrs. Harrison. Mr. Gutierrez gave some architectural suggestions and options for the design of an= addition:= = Chairperson Rraich called the pubic hearing portion of this agej'ds itea to -a close -aand aakeder,_. Neil Carver moved to den�_:the iauce,'_secoi ed _ : PS Minutes --� � • ' -T a ri'�t ..t . .,� j is ..� • .fie.. . t�= � `; ' a '.t •oy =��� Y- i±r-- e'ris+4 `yi '.'�'�Y.ylf►.,r . •. . � !t•�f.- � t' , e 1 • - FT_ Discussion: xr. Carver agreed that there is no hardship with the land but that the issue can be resolved in other ways. Chairperson Kraich disagreed, stating that this is a homeowner Who has lived in 'this location for a long. time. There is an existing structure which violates setback requirements. She saw no harm in enclosing something which is already there. Precedents had already been set by this Board in allowing variances where setbacks have already been violated. The zoning code allows for some latitude In Board decisions. Kr. Carver stated that his understanding of the "hardship going with the land" from Consultant Land Use Attorney Eric Kelly does not aPP Y 1 in this instance. His sympathy or concern for the th Y applicant notwithstanding, he feels the Hoard gust decide according to the ordinance. Mrs. Kraich stated that our City Attorney stated that this Board has the latitude to make certain recommendations, that is the function of this advisory board. Note: (lb deny) 3 -2 (Kraich i Parry PB -89- 016 Applicant: Varveris (Davis Gardens) Request: Major Change to a P.U.D. Location: 6767 Ludlam Road There were several residents of Davis Gardens and neighbors nearby who spoke in favor of any 'reasonable action which would bring this matter to a conclusion' as 'soon as possible. Jose Herlo, architect for this project spoke stating that the City required 70% open space which means that 30% lot coverage is - allowed. As it stands now, a total of 19.36% lot coverage is the amount used. The need for this is to accommodate the market demands for larger houses than originally designed. a recent visual survey of the landscaping by Xr. •Nerlo and City Plane Bi 1 Mackey shows an excess 7ofZ trees from :the original PUb hundreds. Some 'trees ?imam been r_eiocated but not lest _. Architectural changes in plan design have -been made to accommod:k existing trees. in the additions to the previously approved architecture there has been no change in basic design.. Some members of the Bnvironmental'Review and Preservation Board have j walked through--the- prt t�_'rsonally observe it-- as - ft- =fs Pe today. tansens _ e_a_hanges• that -have -taken-'p'Ubs— - are not apparent--to the_ ,dbser. er_. -- Inc. Carver asked -as to how ;this problea- came about. lfr'. warty _s stated that this happened with a previously.. ©optractor /architect . Varveris was not PS, .ate• =t "—�;� .. `° �_ J } 'j,i_ } ` I = � 1. ...TI. �!• ;ice " Y A •: _ • A -.4.. ./ 01r iJ mss. i a ►. ms's C + r 9-It—A.sae . ''•. person did not take advice from B a 8 Director Lama earlier which would have avoided these problems. Mr. Varveris identified himself as the principal investor. Mrs. Lama told the Board that this problem was discovered by a former City inspector who, while inspecting a foundation, found the square footage exceeded those indicated on the drawings so the project was stopped at that point. Director Lana stated that much City employee time has been utilized because of this problem. Mr. Carver asked if it would be appropriate to ask the developer now to reimburse the City for this expenditure in light of the amount of time and expense brought about by this, situation. Mr. Varveris agreed to consider some sort of recompense. In answer to a question regarding the amenities of the project ( i.e. swimming pool, tennis courts, etc.). Mr. Varveris stated that he felt it would be appropriate to ensure the completion of these amenities by putting some money aside secured by a bond or some other means. A completion time for the amenities was projected at three or four months, during the construction of the residences. Chairperson Rraich asked for a summary of just what the applicant Is asking for at this point. Mr. Merlo stated the applicant is asking for approval of the changes which have been made in the fourteen houses which have already been CO•d. For the five bousen under construction, the three lots with sales contracts at present and for the twelve vacant lots for potential sale, the Hoard is being asked to allow for increased square footage froze the original plans so that these twenty h uses will match the already 1pilt and cord residences is square footage. (NOTZx Please refer to the attached sheet showing the lot numbers and corresponding status.) A chart submitted by Mr. Merlo showed that the difference between the amount of original ground cover proposed and this application is 13,200 square feet. At this point, Public Hearing was opened during which several present residents and neighbors of the Davis Gardens spoke stating their desire, .to,�bave this project proceed as sooni -as _ pbssible, their pleasuie and ,, in the area, and their' es that the City will do everythitsq possible to accommodate aqucdtw and, ao.icable solution to the problems at hand. "" City Planner Bill Mackey reminded the Board that the - project is in violation of a PQD agreement and the parts of the property that are already developed are over- built. To this point, neither the Board nor the applicant have addressed -hny proposals -concerning existing - deficiericf es 'a6d - the --v olat'ion --otLAhe _PUD_*- it was eaph"iaed that moths `applicant•s pX eit this ..point complies with tDe* "sonfnq •regulations of the:.0 ,atr ,sts a proposed'- ..... i �y ti y wis r. v c�' �•- �- c-- -- ► c . . ,. tau .. •T v 1. .. - r - ; ' �. =. � '♦F'_a;� Z, �.• •" ♦ wYrt N�cr y. .may+ 3 i� ��.�y t, ice► City of South Miami INTER - OFFICE MEMORANDUM Sonia Lama TDC Building i Zoning Director DATE: July 21, 1989 FROM, William A. Mackey PS- 89 -014 ivaJECT2 City Planner Applicants"-`, The Brandon L. � • • Requests '' Special hppl front anew W . y -- City of w -Masi voa bensive PIGW } currently known as the-' Ilnth� Abraham Prop`y- #s�oaeM ' sity Off ic6fiio'�eicd) 1te coT .. - ••ice_ /`.:SF =J :ffl nt` advisory 'Sohiitc� Board' Regugal: Application of Ted - Crockett "for a cha n ro.. of Wit__ of him .,x a es r, yid �tortii : Sfrbe�';�anh e - i�*COxima� 628 feet, being legally described as F$RNWOOD:pB;�3= 2. lies nse: •I °`s teecomme a on of die` B6 ar.ie =8out3'@ feet of . tlie` i'" POP, understandii g °b - nal of . -tile "SOUt21• �'`il +i''$ �; to be contifi remainder of �- y %iE• r 7 _:{.i'll .L yyT `"i S�' ... w.t; ac. 9� .. .L :_Z 1�•� _ Rx. h- `Sim f 11 �.: f s �• �- ',.i'id � S �s-py. ♦s . :• r "cJ s 2�'£+.s,2'�'" r• •4 , s PB -89 -014 Page 02 April 27, 1948 Advisory Zoning and Planning Board Reg_ uest: Application of T. R. Crockett requesting change of zoning on his property described by his as the Hein tract and properly described as FzpjrooW PS 35 -73, frcn R -1, C-1 and C-Z usa to C -1 and A (apartaents) use was taken under consideration. Resoo se: The Advisory Zoning and Planning Board feels that the requested c es pbould not be made as the property to the north .• Id toned R -.1 0. �C-3 zone across froa the new, proposed church would probably adversely affect the church property. The applicant requested the rezoning of certain of his property in 1946 and such requested char'q1'Wd granted. Further, the "applicant -does not appear to hold title . to a portion of the property which is covered In the application. It is recommended that the requested change be denied. 1948 s• •.i"• -. ... i• r -.: s .�S�.ea- ^sirs +� :� ? 1 `. C u ei l aces i Bo_ard i s redom- ebd+ ti '� � Oen 4;hangej . J1it1e 2 194 Planning geauest: Application by Hr. T. R.'"Crockett 'to rezone from the present C -1 on N. 4th Street, and balance R -11 to C -i, on N. Red Road, C -2 _9&-j 4 _ �„ Ce' . .' Y- use • Response: The Board recommends that the zoning on the property described as =the:• vouthi50-tee s- e: t, 30-� t�ol�FERNWOOD frog -_ 1 to e < :na : #� resent °'fin `~ . e„ zoning of the laiic+Q otth s property yAescr '` _ r 8onrd will consider the o h ..on the. balance of th$; irop Y -e$ a part�og s overall comm�tK_. 6idnnin - =mss _.Y-� �• - . - - !''— • _ ' ! s June •13, 1448 _' .ra+ r:x�w 7w n ►off +L y h. t ��ss' 4 T• City`Counci��� _z"�= "`�;a>-',��.r�-'�� -.. _'T • - - - - ��� - Couneil accep$s theme, 2baurd#A •reaoaaenuatio Ott 4t: and defer arice `bf t - ; . • -.• `/•may -Sy. •. - _.�► +, - i•a" r _ .t • 1.� L.�7,•r % - .�� .� �..• f `jG �. 2'Jrly,l1'i -ate iy ~~ {_ MM'S �tR yf't 'tf r kt'x,«`•i'� -- .� '9h•'""• 3'r� a: ': s }- t' ' MY, -t _ stt: r •:s 'a .' tii( -.s I.C•VI f• v !=1 •win s t�M �r��_�. 1. Y . -1 �'• '6�!{• ;, S �-• • •' ; i• � ''- v . ,.Si yti•`or -+rte. • .Tit'+•; ! �:r PB- 69 -01i Page 03 August 25, 1949 Advisory and *Planning Board Request: application to rezone East 150 feet, less the South 150 feet of Tract 1 FERNWOOD PB 35 -72, as follows: the South .80 feet thereof froa R -1 to C -2 use, the balance from R -1 to C -1 use, all located an West side of Red Road lying between North 4th Street and North 6th Street. Application to rezone Tract 1, FBRNWOOD, lose the East 150 feet and less the South 125 feet of the Nest 175 feet of the Bast 325 'feet, as per PB 35 -72, as follows: 1. The East 203.22 feet'of Nest 303.22 feet of South 125 feet from C -2 to N use (INDUSTRIAL), this property being located on the North side of North 4th Street, lying between Red Road and Korth 2nd Avenue. fit:= ;�liia "IPest 100 7feef`VZ -_ . b 125 feet 3 use 'to- r-4 3 Tha r 1120 ` "fee _`p 59 fast = C- a a to peril£ "a pairictriq ar" 9a4 wide lately south -o! . 4.. The Worth 140 feet pl�;�ntttJ.��S fotet��it 1:48t 13Q frca R -i`f-io 0-3 _ use, 'a 2a. 4 and*,, ast.rthereot. Application to rezone West 100 feet of East 250 feet of South 125 feet FERNWQOD Tract 1 from C -2 to permit erection and operation of an 'animal cli Vw- Respgnse. The Board recommends that each and all of the requests for changes .oi .zon1%, xhe ro rt _ as . des: load be denied ar - .F ",, � iI.`r -[.lriar w� " }:; .r ice.' - •'�`�•� ���" September b, 1949 City Council :aea' -f �..�? ts-Jl= • ".� �'! 4 rte.' �_w. •.. Council accepts the Boiardts recoamendation (to deny the�change).� :- Note. This could not 14 Veiritied'against the -City �ler3c .s files: 17-:'777 fir. •33Y�i.# ;� •`.'!•S`r''"' -•+r. ' t:`+6' - �� -+jam` 4. },a'�s� '� ' - J. •� + .. •�;� -� - • a t - i.K� � tea. •.r - r �• >- ; `�'. i s .'Zt Vii.. _ - y . - r Y _ Y � .� - �• � • .g l�(• s `{5 -_ice ` . . :r�s ji i '!`•.S; • � 1 _ � u�•�t •�,k^�!sTF.�'4 :is . t t `i •.+%- #??sue :-• - , � w•Iq � 'j �'1 -.. jam' 7C. - PB -89 -014 Page 14 July 3, 1952 Advisory Zoning and Planning Board Req=st: application by Florida Power i Light and Mangocado Groves, Inc. to rezone West_ 100 feet less the North 25 feet Tract 1, FERNW00D, PS 35 -72 from the present R -1 ( single -faRil ) and • Itel C -2 (liberal business), respectively (?l, use to t erection of an outdoor type electrical transformer sub -stat ou thereon. Rea=uz The Board recommends approval of this project gq�U..._ location, .provid4 they provide planting of such type and dens3f;YK.A.;. to screen the property, said hedge to be at least the height of th*.r:. fence, to be approved by the Chairman in charge of Parks.-.. July 15, 1952 City'. Council Council approves the project ;upon the_ recommendation of the w March 4 1955 Advisory Zoning l!"! _ B St• Applioa bi4, o! sM Ies Jottlieb for ra -s . . Fernwood PB 3'b:= PRO. 1i ,171—W ld3 - test of S8 o ; o '�- 1/4 - 25- 54- 46:'.o. "pes t':erectloii'- and operation of a °Std �- Supermarket . _ • v •;i. - Re_ mnsy The ' Board recommended the request to be denied as this Would be spopi 0 JQ tending commercial Properj( ; ..., . a — ex • !'ia.ich 22 '4195 i1C:r :"17aS' ` ..:: •j yr .•v.I' Y• • 5.. �►'i -a.'�' .r ordinance The Councii . approves ,:the Change in zoning to C-1- .thus allowing Stevens Supenaarket. = - Jttne 8, 1971 Zoning ordinance }. _ . ,! �. . • •, _ -�, r ,,,.� _ � � � } - ' s=: - The property s e %teQ' a C o� the Son ..ys.•3sr� - .et�r ; ",'a • ; . s w Z,.fr+ Not*: various other for these` . . � . .} - 'Cr7P ia. � ,• '` • t+,-s F �s '; a.t• jf.y�ra. •r° � -•^+-' r ' `�L V2 .. fa%i - iii' j•o ij.' «i ^7i -'- ► i .-i PB -89 -014 Page 15 January 18, 1989 Ordinance 3 -89 -1418: _City Commission adopted the City of South Miami Comprehensive Plan pursuant to Part II, Chapter 163, Florida Statutes. April 4, 1989 City Commission Resolution `33 -89- 8023: City Commission initiates an amendment to the City _ of . South Miami Comprehensive Plan to change the land use &itgnation from Low Intensity Office to General Retail on this property: = ' ee :ea �i[.L7Ri�. .. - . .. .._ 1t- � ��' Sri• .•. n` ..Thesa'PYgp�y ►es : F 1011 4 -TS 35 -72 . frequent sot►i i¢ :, icy T— _v -.and will again-be 18# the.. ifih { #„ deal antes the pro prtieas t" `' =' _ Offi � P Pe ce 4i whi, ld uo longer - permit a so . Then -1t3. :.aq Development' `rbi `nC► "'�'±' on Sspl3� : 89, "v'i3 develop zoning" coast , < �. with the adopted Comprehensive Plan. The proposed Red -Dixie Center comprises the major area of land use es 22afflonA of the t o i sties eto mineral 979: h3 gord rteP Pe 'ems • to permit a more permissive zoning designation, therefore, allowing this proposed =reta ter:- -. • _ s. :,. ?'��. • K <�lx �,'"„ . aar[Y'1Li'll'1l•li Ll7Ti V1 c - .Y1 ... ... .. ,. - The staff rec-ommends xthat the Board carefully consider;.,:and evaluate the proposal, 4A order_ to best recommend td they duAlssion the land use most appropriate` for this area, so that ".the Boad'siy advise the City Doimeission "to _designate the sort j i&ropriate =' id ' use for these = propertie which' fiould thea alloii' lt6 i ccns'11 iit-- zoning designation and resolution of the historical 4OUn ' a J n " .' =•:fit --,c 1iY. � -ice' a.:t: ..�•i s _r►�'K. ^ .c.'F! *i. ''Y'< � - ' ` .�•r � _.. .-.•'. �`:� a. �.ij '�'i- Ufa =♦ s:'Jr�.•), rj. .�_Rl :: •- � ^a � . ,..,s •-tom - "•{v Y#. �+ ia,�'. . R r •�' Vii.]! ^�`'• i� w :: ,. � ".'• ' � *: ''t '�':` ` -t •� off: `��a- - ,.�^' . .. ... -. a _ _ :4 :a. • ig. ,.;.':+•- r c .�.•. :ate •� . . • ^ . • s• i ` �y.. _ Ste+ :'°_�•_ '� Wit- tt „� t ..s t .Ss x:►+.�� p���x; : r ... -. '•� Y � ••r + r••� r••`:3z 1:�'r.. ^ ��r• 5� r as o a, ,2 I . CITY OF SOUTH MIAMI NOTICE OF CHANGE OF LAND USE The'City of South Miami proposes to change the use of land within the area shown in the map in this advertisement. A Public Hearing by the City of South Miami Local Planning Agency will be held on Tuesday, July 25., 1989 at 7%30 PM at the City Commission Chambers located at 6130 Sunset Drive, South Miami, Florida. :f W.4 The Public Hearing by the -Local YY� mew. Planning Agency will be to review a proposed Amendment to the City of South Miami Comprehensive Plan and ` to consider recommending transmittal to the State Department of Community AffaTit and.-to consider recommending approv.O.of the Amendment to the City Copift`the•proposed Amendiaen# avalloi � at the City Clerkts o� at Or-tall 6130 Sunset -Drive; 1 � Igo Stralin rfw- too • „� •..� , ,tol' - •� �., ..• a.,i _ �'J 1Ff g".si. A3'Z LZ ry a. i