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12-05-89 SPECIAL/dd=*h. OFFICIAL AGENDA , CITY OF SOUTH MIAMI '6130 Sunset Drive Next Resolution: 137 -89 -9014 Next Ordinance: 19 -89- 1441 SPECIAL CITY COMMISSION MEETING Next Commission Meeting: 12/19/89 DECEMBER 5TH, 1989 7:30 P.M. A. INVOCATION B. PLEDGE OF ALLEGIANCE Tff THE FLAG OF THE UNITED STATES OF AMERICA C. PRESENTATIONS D. ITEMS FOR COMMISSION CONSIDERATION: 1) City Manager's Report 2) City Attorney's Report ORDINANCES 2ND READING AND PUBLIC HEARING: NONE RESOLUTIONS FOR PUBLIC HEARING: -d 3. A Resolution allowing a waiver of plat on property* legally described °l as Tract 11, NELSON HOMESITES SUBDIVISION, according to the plat thereof, as recorded at.Plat Book 39, Page 57 of the Public Records of Dade County, Florida (Adminis drat /P1 nning Board) -4f5 - 4. A Resolution'a variance for an eight oo high (8') decorative lattice screen fence where a six foot (6') fence is permitted on property! legally described as lots 1, 2 and 3, and the North 1/2 of Lot 24,, Block 18, AMENDED PLAT OF PALM MIAMI HEIGHTS SUBDIVISION, as recorded, at Plat Book 25, Page 37 of the Public Records of Dade County, Florida; a /k /a 5780 S.W. 82nd Street, South Miami, Florida. `- {Adm'ni t ti_on P1 nning Board) 4/5 5. A Resolution rankiWq�avar�ianc*eto allow a s`ecial use ermit for an 9 P P eating establishment in an MO District, and denying variances to allow an arcade within the front setback; to allow alcohol:.ic beverages to be sold within 1,000 feet of other licensed establishments; to allow the sale of a 1 cohol i c- beverages within 1,000 feet of residential property; and to deny a special use permit to allow a reduction of offstreet parking spaces by 50 percent on property legally described as Lots 8 -13, Block 13 of Rosswood Subdivision, according to the . Plat thereof, as 4/5 recorded at Plat Book 13, Page 62, of the Public Records of Dade - County, Florida: A /K /A 5959, 5961 and '5965 S.W. 71st Street and 5952 and 5956 59 {�56 S.W. 70th Street, South Miami Florida. (Administration /Planning Board) RESOLUTIONS: �f qO 6. A Resolution honoring Arthur Cummings for 22 years of dedicated service 3/5 to the City. I ) (q q0 � (Commissioner McCann) - 7. A Resolution honoring Q of d service 3 5 ono, ng Archie Finkley for 20 -years dedicated / to the City. (Commissioner McCann) 8. A Resolution honoring Addley'Horn "e for 31 years of dedicated service 3/5 to the City. (Commissioner McCann) 9. A Resolution honoring Rudolph Simmons for 34 years of dedicated service 3/5 to the City. (Commissioner McCann) SPECIAL CITY COMMISSION MEETING DECEMBER '5TH, 1989` PAGE 2 RESOLUTIONS (Cont'd): 1 q6ol 10. A Resolution honoring Willie Singletary for 31 years of 3/5 dedicated service to the City.' (Commissioner McCann) 11. A Resolution u urging Metropolitan Dade; County not to widen 3/5 Southwest 56th Street (Miller Road) from 67th Avenue to 57th Avenue in the City of South Miami. 1 '/6 — F, Y . i0 'a' .� (Commissioner McCann) 12. A Resolution authorizing the City Manager to purchase Tot Lot 3/5 for JE`.- Murray Park. (Administration) ORDINANCES- FIRST READING: 13. An Ordinance acting as the Directors of the District, to 3/5 adopt a Safe Neighborhood Improvement District Plan for the _ City. —d (Commission) 14. An Ordinance amending Ordinance No. 17 -79 -1039 which regulates 3/5 Cable Television Systems in the City by adding a definition of the Federal Cable Law; amending the Definitions provisions relating to rates and license renewal procedures; adding anti - discrimination and privacy provisions; providing an effective date. (Administration REMARKS: NONE You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person wili 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. 5 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ALLOWING A WAIVER OF PLAT ON PROPERTY LEGALLY DESCRIBED AS TRACT 11, NELSON HOMESITES, ACCORDING TO THE PLAT THEREOF, AS RECORDED AT PLAT BOOK 39, PAGE 57, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K /A 6830 S. W. 65TH STREET, SOUTH MIAMI, FLORIDA. Agenda Item PB -89 -024 WHEREAS, the applicant has requested a variance to waive the regular platting procedures and the staff recommendation is to approve; and WHEREAS, at a public hearing on November 14, 1989, the Planning Board voted 5 -0 to grant the request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a request to allow a waiver of plat on property legally described as: Tract 11, Nelson homesites, according to the Plat thereof, as recorded at Plat Book 39, Page 57, of the Public Records of Dade County, Florida, a /k /a 6830 S.W. 65th Street, South Miami, Florida is hereby granted. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ResolutO6830SW65.STR 11 At #_ i �W =. TRAC. -•12 TRACT It TRACT 1 TR/►. ` t D v® T R ACT" - T.RACT b TRACT.7.. TRA T d -) a - • �e�w. 1�f °, - i - 7 1 TRAC ~ T 2 TRACT 1 APPLICANT : RRv ASS i OWNER• MP REFERENCE: (085.0 5- W • 6v W,- Imes -r COMMENTS • INA%V ercr- CITY "or MTH IKIAMI o PLANNING BOARD Compass Sca le As. SAN• , Date.11°'.. Drn...chk..... Hearing Noloq! .�!l TRACT 13 TRACT 14 TRAC IS.- 5W -�I SOUTH NIA Ml Fl El D', J. LOS ND4 s 6 7 /e ` 19 sw W ,� 4 3 4 L 3 4 11 a 7. 6 �s 4 3 N MIT tL 1/2. 2 S I 2 3 , 4jr. d - i At #_ i �W =. TRAC. -•12 TRACT It TRACT 1 TR/►. ` t D v® T R ACT" - T.RACT b TRACT.7.. TRA T d -) a - • �e�w. 1�f °, - i - 7 1 TRAC ~ T 2 TRACT 1 APPLICANT : RRv ASS i OWNER• MP REFERENCE: (085.0 5- W • 6v W,- Imes -r COMMENTS • INA%V ercr- CITY "or MTH IKIAMI o PLANNING BOARD Compass Sca le As. SAN• , Date.11°'.. Drn...chk..... Hearing Noloq! .�!l TRACT 13 TRACT 14 TRAC IS.- At #_ i �W =. TRAC. -•12 TRACT It TRACT 1 TR/►. ` t D v® T R ACT" - T.RACT b TRACT.7.. TRA T d -) a - • �e�w. 1�f °, - i - 7 1 TRAC ~ T 2 TRACT 1 APPLICANT : RRv ASS i OWNER• MP REFERENCE: (085.0 5- W • 6v W,- Imes -r COMMENTS • INA%V ercr- CITY "or MTH IKIAMI o PLANNING BOARD Compass Sca le As. SAN• , Date.11°'.. Drn...chk..... Hearing Noloq! .�!l PB -89 -024 Applicant: Larry Ashley Request: Approval of the subdivision of the subject property, waiving the regular platting procedure. Location: 6830 S.W. 65 Street Legal: Tract 11, NELSON HOMESITES, according to the Plat thereof, as recorded in PB 39 -57, in the Public Records of Dade County, Florida. Mr. Larry Ashley signed in and stated his request for sub - dividing his property. Chairman recognized - those present who wished to speak regarding this request. There were three people who signed in and gave their reasons for asking that this request be denied Staff stated that this request does comply with the Zoning Code. Mr. Carver said that he understands that this is an example where the Board is merely being asked to cut some red tape so that the applicant could build regardless. It would just mean that he would have to jump through some more hoops in the plotting procedure if the Board didn't vote for it. Mr. Mackey stated that this is not the case. In order to re-subdivide land, he must have approval of the City Commission. This is a shorter procedure than a full plat. It still requires most of the same things. It does requires fewer public hearings at the County level. However, the City need not permit this. The issue will be decided by the City Commission upon the recommendation of this Board. This not just a procedural action but a recommendation on 'whether or not it will be in the City's best interest or whomever's best interest to sub- divide this piece of land. The waiver of plat procedure is allowed when the sub- division includes 6 or less parcels. Mr. Gutierrez said that all of the parcels in the area are two acres or more with the exception of one small home between tracts 9 & 10 which is less than one acre, having been "grandfathered in" a very long time ago. Also tract 15 is split into two 2 acre sites. Mr. Mackey also informed those present that the duty of the Board at this time is to recommend to the Commission as to whether or not this property should be divided. Mr. Gutierrez made the motion to approve the sub- division of this property into minimum one acre parcels with the setbacks being complied from the existing home and that consideration be given by the City Commission that access be provided to parcel #1 without disturbing the existing trees, with maximum effort made to do so and waiver of plat granted. Seconded by Robert Parr. MOTION TO APPROVE: 5 - 0 STAFF REPORT PB -89 -024 November 9, 1989 Applicant: Larry Ashley Request Approval of the subdivision of the subject property, waiving the regular platting procedure. Location: 6830 S.W. 65 Street Legal: Tract 11, NELSON HOMESITES, according to the Plat thereof, as recorded in PB 39 -57, in the Public Records of Dade County, Florida. ANALYSIS The submission complies to all apllicable zoning regulations in force upon the date of submission; no variances concerning this property are on record with the Deaprtment of Building & Zoning. 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 TO THE OFFICE OF THE ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING. 1PPLICANT AS (OWNER, TENANT, AGENT, ETC. SPECIFY) LARRY ASHLEY OWNER %DDRESS OF APPLICANT , CITY STATE tIP PHONE III�[.VrCTDRrQ 6830 S.W. 65 STREET MIAMI FLORIDA 33143 666 -4481 3WHER DATE OWNERSHIP OF PROPERTY OBTAINED LARRY ASHLEY 6 -16 -89 %Dopes$ OF OWNER CITY STATE ZIP HONE /t6T1/*)/l 6830 S.W. 65 STREET MIAMI FLORIDA 33143 666 -4481 S PROPERTY OPTION OR CONTRACT FOR PURCHASET MORTGAGEE 19 NAME AND ADDRESS YES NO �F APPLICANT /B NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES No -EGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION OT(S) TRACT I BLOCK = UsolvlslON NELSON HOMFSITES PS 39/57 -IETES ANO BOUNDS IZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING IVWIS _ 2.247 + ACRES S.W. 65 STREET 501 ODITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY NONE EXISTING 1 STORY CBS RESIDENCE ; PPPLCATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING: CHANGE OF ZONING EXCEPTION VARIANCE AMEND SECTION OF CODE E_+ENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED OTHER (SPECIFY) XPLANATION OF ABOVE TO DIVIDE EXISTING 2.2+ ACRE LOT INTO 2, 1 + ACRE LOTS 4E FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE ART OF APPLICATION.) X" CERTIFIED SURVEY SITE PLAN PHOTOGRAPHS STATEIIAENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED PROPOSED FLOOR PLAN MA HEA ING FEE (CASH OR CHECK) OTHER f200.00 `IE UNDERSIGAED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING ATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. =100 TO 9 SUBSCRIBED 6ei a me thin ,1 th day oj 989. fly Go " .ion exp u : 5 -15 -93 ' ti . SIGNA E ' L ARRY Ley OR OFt'"iCE USE ONLY ATE OF HEARING HEARING NO. �BS� t%9L-� 111(00 -s1 REv. 3-11 -711 DATE FILED l %IZweq ! / 4 A /C LJI, A#,, AAA / . v,.i re t /►ter /lil /w( /� RESOLUTION NO. -- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAXI, FLORIDA, DENYING A VARIANCE FOR AN EIGHT FOOT HIGH DECORATIVE LATTICE SCREEN FENCE VHERE A SIX -FOOT FENCE IS PERMITTED 08 PROPERTY LEGALLY DESCRIBED AS LOTS 1, 2, AND 3, AND THE N. 1/2 OF LOT 24, OF BLOCK 18, AMENDED PLAT OF PALM XIAXI HEIGHTS, AS RECORDED AT PLAT BOOK 25, PAGE 37, OF PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A/K/A 5780 S. V. 82ND STREET, SOUTH MIAXI, FLORIDA. Agenda Item PB- 89 -007 WHEREAS, the applicant has requested a variance to allow an eight foot high decorative lattice screen fence and the staff recommendation is for denial; and WHEREAS, at a public hearing on November 14, 1989, the Planning Board voted 4 -1 to deny the request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a variance for an eight foot high decorative lattic screen fence where a six foot fence is permitted - on propery legally described as: Lots 1 2, and 3, and the N. 1/2 of Lot 24, of Block 18, amended Plata of PALM MIAMI HEIGHTS, as recorded at Plat Book 25., Page 37, of Public Records of Dade County, Florida, a /k /a 5780 S.W. 82nd Street, South Miami, Florida. is hereby denied. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut /5780SW82.ST2 • .. a 9SED IS -1 sw T r s s rr ! s 7 ion 3w , gj f ��1 S �c+y��'s,..�,�.n • � Sit. � j'/ _ i n s- it rNi. • � i y 3w , gj 1 S7 � AP 1 dTTTTl . 84' TERM Ll i i s DANTE FA'SCEL L PARK • APPLICANT: M ffL ANT- PKIDT OWNER:"CHAEL At MAP REFERENCE: 'G ry t=r cSclrn+ 1 11 X11 COMMENTS : v m To ^U -AN%K $� '�'�i�iC�, WWAM al -ft -CITY of 5OUTO AIAIAI " PLANNING 50A RD' r Copal# Scale..A ` ..... Date. 49 Hearing NoJ f ��1 S 16'71Is N so; s.Iss�s) vs• y a1!stu�+ 1 S7 � AP 1 dTTTTl . 84' TERM Ll i i s DANTE FA'SCEL L PARK • APPLICANT: M ffL ANT- PKIDT OWNER:"CHAEL At MAP REFERENCE: 'G ry t=r cSclrn+ 1 11 X11 COMMENTS : v m To ^U -AN%K $� '�'�i�iC�, WWAM al -ft -CITY of 5OUTO AIAIAI " PLANNING 50A RD' r Copal# Scale..A ` ..... Date. 49 Hearing NoJ f ��1 S 1 S7 � AP 1 dTTTTl . 84' TERM Ll i i s DANTE FA'SCEL L PARK • APPLICANT: M ffL ANT- PKIDT OWNER:"CHAEL At MAP REFERENCE: 'G ry t=r cSclrn+ 1 11 X11 COMMENTS : v m To ^U -AN%K $� '�'�i�iC�, WWAM al -ft -CITY of 5OUTO AIAIAI " PLANNING 50A RD' r Copal# Scale..A ` ..... Date. 49 Hearing NoJ - THE {ITY Of S otft� 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 -'USLIC SERVICE DE PARTMEN'r Z 0 N I N G P E T I T I O N MICHAEL & JANE PICOT Property Description, Location and Legal: 5780 S.W. 82nd Street, South Miami, FL 33143 Lots 1, 2 acid 3 and the north 1`/2 of lot "24, block 18. Subdivision: Amended plat of Palm Miami Heights PB: 25 page 37. Metes and Bounds: The West 155 feet of the North 145.94 feet of Tract 18 subdivision revised Plat of a portion of the amended Plat of Palm Miami Heights according to the Plat thereof as recorded in Plat Book 43 page 37 of the Public Records of Dade Countyy. Florida. Request: The Owners of the above property have made the following request: Application for a variance to allow an 8 foot high decorative lattice screen around_ tiled patio, and a pergola finish where b foot is presently allowed. Petition: We, the undersigned property owners, are within` 300 feet of the above property. We understand and approve the above request. DATE ADDRESS - - - - - - - -- 1--��_ s _ � �_ Gz s-r-_ _ _ - - - 4 _ - - - `1� •' `r %b14v £�,j 'X4 - - - - - - - - `!-/2� .5?6o Ste.- - s -t I _ _ _ _ y_ �Z - %� 388i -S _w_�Si_,_ _ - - - - - - -�-i� _ - - - •_ _ �/j zjgq 6'80( St.-) 8-34 . i-i- - - - - - - - ° - - -- - -� - - -- -- - - - - - ___ -- - -- _ ------- `�_--- �ggS�S.oj -- - - - . -- p� "�-� - - - - - - - - - - _ '7 -37 (continued on page 2) Page 1 t Z O N I N G P E T I T I O N (continued) Petition: We, the undersigned_ property owners, are within 300 feet of the above property. We understand and approve the above request. ADDRESS sol eel. x'713_ c7- TT- - - 5 $g I sw B lst _ -- -- i - -___ -- -- -( - - - - - - -i?/ - - - - - - - - - - - - - - - - q - - -- - - -- _ 1 - - y- -- -- - - - - -- vSwcP -�� PWSO -3? Page 2 Z 0 N I N P BT I T ON (continued) Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. NAME ADDRESS - - - -- - - -- - - -- - -_ - - - -- - -- -' i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 'W50 -3i Page PB -89 -007: Applicant: Michael & Jane Picot Request: Variance from Section 8 -6- 2(.01) of the City of South Miami Zoning Code to allow an eight foot high decorative, lattice screen fence where a six foot fence is permitted Location: 5780 S.W. 82nd Street Legal: Lots 1, 2, and 3 and the north 1/2 of lot 24, of Block 18, Amended plat of Palm Miami Heights, according to the amended Plat thereof, as recorded in PB 25 -37 of the Public Records of Dade County, Florida. Mr. Picot signed in and addressed the Board stating that at his last appearance here, some members of the Board gave a possible' solution for the problem. Mr. Picot reported tonight that a survey indicated that the screen in question was .95' higher than allowable in relation to the crown -of- the -road elevation. Chairman Cooper asked if there was anyone present wishing to speak either for or against this item. There being none, he asked Staff for their recommendations. Mr. Mackey stated that the newly adopted Zoning -Code relieves' Staff of any obligation to make recommendations to the Board. However, their previous recommendation in this matter was that as this structure does not comply with the Code to deny the request. Chairman Cooper called, for a Motion. Mr. Gutierrez moved for approval of the variance request. Motion dies for lack of a Second. Mr. Ligammare moved that the request be denied. Seconded by Mr. Cooper. In discussion, Mr. Gutierrez stated that in a previous meeting, many neighbors of this property spoke in positive terms about the project. No one came forward with a negative reaction. He also said that Mr. Picot has been reprimanded for not having begun this project properly and has spent time and money trying to correct the situation. Consideration of what is best for the City and the neighborhood, in general, is the Board's concern. Mr. Cooper agreed that the trellis, improved the neighborhood. However, the question is the granting of a variance based upon what grounds. No hardship, according to Code, has been demonstrated. Mr. Gutierrez stated that variances have been granted in the past which did not conform to the "hardship" designation. He feels that there is some leeway giving the Board discretion in judging which variance requests improve the areas in which they are located. Mr. Carver stated that while everyone may agree that Mr. Picot's trellis may be wonderful aesthetically; it does not comply with the "Law" as written. A "Hardship" indicates whether or not it is difficult or even impossible to comply, with the law. Such is not the case in this instance since the law can, be complied with and a variance is not needed. Mr. Parr suggested that it might be possible to consider the trellis as part of the structure if it were permanently attached. Mr. Cooper said that if that were to happen, it would be judged in the setback, which, in turn, would create need for another variance. Mr. Picot stated that at the time he first approached the City to build this trellis, the previous B & Z Director placed this trellis in the same category as a fence because it did not fall into any 11 0 already defined listing according to the Zoning- Code in use at that time. If the other alternative of calling it a structure had been applied, obtaining a variance would have been even more difficult to get than if it were classified as a fence. Mr. Carver felt uncomfortable with making a decision on a subject which has been misapplied at the beginning. Mr. Mackey stated that the Code Enforcement Board is awaiting the decision of the Planning Board before proceeding with their action. Mr. Cooper asked for a vote stating that a vote "yes" would be voting against the request. A- vote "no" would be voting for the request. MOTION TO DENY: 4 - 1 (Gutierrez) Mr. Cooper stated that this request will now go before the City Commission with the recommendation from this Board. k STAFF REPORT pB -89 -007 August 25, 1989 Applicant: Michael & Jane Picot Request Variance from Section 8- 6- 2(.01) of the City of South Miami Zoning Code to allow an eight foot high decorative, lattice screen fence where a six foot fence is permitted. Address 5780 S.W. 82nd Street BACKGROUND Applicant is the owner of a single family residence in the City of south Miami and is requesting a variance from Section 8- 6- 2(.01) of the zoning ordinance to keep the existing 8' high fence around the patio on the west side of the residence, and adding tie beams on top. In September, 1985, the applicant requested the Environmental Review and Preservation Board's approval for the design of lattice screens (fences) around his residence. all the requested screen were approved by the Zoning Department except the one on the west' side, around the patio, which was not in compliance with zoning regulations. At that time the applicant agreed to reduce the height of the lattice screens to 6' and remove the (tie beams) to comply with zoning regulation. On October 4, 1988, the ERPB approved the design and the applicant was issued a building permit on October 10, 1988. The applicant started the job and built an ,8' high lattice screen and placed tie beams at the top. He was cited by the City of South Miami's Code 'Enforcement Officer on 11 -17 -88 and was given an option to either comply with zoning regulations or request a variance. He paid a double fee to go before the Planning Board and the City Commission. ANALYSIS The fence was defined as a structure forming a physical barrier. It may be erected on the property line, but shall not extend beyond official right -of -way lines. Fences higher than six (6) feet above grade are prohibited on or abutting on property zoned or used for residential purposes If the applicant wishes to keep the 8' high lattice work and the tie beams, then this can be considered as a part of the building and should follow the 15' side (corner) setback regulation. Upon ithe recommendation of the Planning Board, the applicant's request was deferred in order to obtain' a survey of abutting roadways to determine the actual height of the lattice screen above grade as specified in the Zoning Code. RSCOMIyIENDATION _ Staff recommends planting shade trees on the Wiest side, or maintaining the existing structure but only in the permitted buildable area (respecting setbacks, etc.) Staff '`does not recommend approval of the variance request. ' . CASE HISTORY •''6WNERS ADDRESS LEGAL DESCRIPTION Michael Picot Palm Miami Heights _- 5780 SW 82 ST Rev. PB 43 -37 So. Miami, FL 33143 West 155 FT of N145.88 - FT Tract 18 PROPERTY ADDRESS Folio #09 -4036- 039 -074 5780 SW 82 ST So. Miami, FL 33143 DATE MADE QOM MCATION Wf DEE'II 1NT? PHDT06 TAKEN COMPLIANCE 10 -04-88 Mr. Picot applied to the ERPB for approval of trellis work being erected on his property. 10 -10 -88 Permit #88- 0560 -03 was issued for the work approved by the ERPB. 11 -17 -88 An inspection revealed that the work at the above referenced address was not done according to the approved plans.' Mr. Picot was personally told by City Planner Soheila Goudarzi and Code Enforcement Officer'L. Benedicto what was needed to bring the property into compliance. Yes 11 -18 -88 Notice of Violation #11- 88 -V026 and - 11- 88 -V027 was sent- certified mail (Certified Receipt Received). 12 -19 -88 Property still in violation. Final Notice of Violation #12- 88 -V048 and 12- 88 -VO49 were sent certified mail. RECEIPT NOT RECEIVED 1 -12 -89 Certified letter containing N. of Vio- lations #12- 88 -V048 and 12- 88 -VO49 was returned stamped UNCLAIMED. 2 -2 -89 Notice of Hearing was. hand delivered to Mr. Picot. 2 -3 -89 Mr. Picotspoke with Code Enforcement officer L. Benedicto reference having his case scheduled for a dater meeing. A written request for a deferment was delivered to this office. L. Benedict spoke with Mr. Picot. At his request, Mr. Picot was sent a_copy of FS 162 by regular mail. NO 3 �31 �Pf� Hof c.� fkrer-�w� se,� f (' -.-Y: 4-f f s Y � .. y .t i I { i i r 9 i r E i CITY OF SOUTH MIAMI APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE) THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH AIL REQUIRED SUPPQRTING DATA TO THE OFFICE OF THE ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR P4JBLIC NEARING.' APPLICANT AS (OWNER, TENANT, AGENT, ETC. SPECIFY) Michael & Jane Picot OWNERS ADDRESS OF APPLICANT CITY STATE ZIP PHONE 5780 S.W. 82nd Street South Miami Florida 33143 662 -6661 OWNER JDATE OWNERSHIP OF PROPERTY OBTAINED Michael and Jane Picot 12 -2 -87 ADDRESS OF OWNER CITY STATE ZIP PHONE 5780 S.W. 82nd Street South Miami Florida 33143 1662-6661 I S PROPERTY OPTION. OR CONTRACT FOR PURCHASE? . MORTGAGEE S NAME AND .ADOREss.400 South Pointe. Dr . #2210 YES _ NO Clyde & Anne McCoy_ South Miami Beach, 33139 IF APPLICANT 15 NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION LOT(s) 1, 2 and 3 and the north 1/2 of lot 24 BLOCK 18 SUBDIVISION Amended plat of Palm Miami Heights PB 25 page 37 The West 155 feet of the North 145.94 feet of Tract 18 subdivision revised Plat METES AND BOUNDS of a Portion! of this amended Plat of Palm Miami Heights according to the Plat thereof as acorded'in Plat Book 43 at Page 37 of the Public Records of Dade County, Florida SIZE OF AREA COVERED BY APPLICATION NAMES "AP4D OFFICIAL WIDTHS OF ABUTTING I/WIS ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING CHANGE OF ZONING EXCEPTION OTHER (SPECIFY) VARIANCE AMEND SECTION OF CODE Section 8 -6 -2 (.01) PREAENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED R - id nt1 0 None EXPLANATION OF ABOVE Allow 8' height decorative lattice screen around tiled 'patio and pergola finish - where 6' is presently allowed - see Section 8 -6-2 ;(.01) THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE PART OF APPLICATION.) x CERTIFIED SURVEY X SITE PLAN PHOTOGRAPHS R STATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED x PROPOSED FLOOR PLAN X HEARING FEE (CASH OR CHECK) OTHER THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE O/ BELIEF. SIGNATURE FOR OFFICE: USE ONLY DATE OF HEARING HEARING NO. PODIOC -21 REV, 3-12-NI DATE FILED' 1� RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A VARIANCE TO ALLOW A SPECIAL USE PERMIT FOR AN EATING ESTABLISHMENT It AN MO DISTRICT AND RE- * Fi *G VARIANCES TO ALLOW WITHIN THE FRONT SETBACK;` TO ALLOW' ALCOHOL EVERAGES TO BE 'SOLD \A WITHIN 1`,000 FEET OF OTHER LICENSED ESTABLISHMENTS; TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN 1, 000 FEET OF RESIDENTIAL PROPERTY; AND TO eE*V` A SPECIAL USE PERMIT TO ALLOW A REDUCTION OF OFF STREET PARKING SPACES BY 50 PERCENT ON PROPERTY LEGALLY DESCRIBED AS LOTS 8 -13, BLOCK 13 OF ROSSWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED AT PLAT BOOK 13, PAGE 62, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA A /K; /A 5959, 5961 AND 5965 S.W. 71ST` STREET AND 5952 AND 5956 S. W. 70TH STREET, SOUTH MIAMI, FLORIDA. Agenda Item PE-89--23 WHEREAS, the applicant has requested variances to allow an arcade, to Sell alcoholic beverages and for special use permits to reduce parking requirement and have an eating establishment and the staff recommendation is that the project is consistent with the spirit of the Comprehensive. Plan and would be a valuable addition to the City; -anal, _ WHEREAS, at a public hearing on November` 14, 1989, the Planning Board voted 3 -2 to deny the arcade; 3 -2 to deny both variances to permit the _sale of alcoholic beverages with 1,000 of other licensed establishments and residences; 4 -1 to deny the reduction of parking spaces and <5 -0 to approve the special use permit for an eating establishment: NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a variance to allow A*+ _- within the 15 front setback on property legally described as: Lots 8 -13, Block 13 of ROSSWOOD- SUBDIVISION, according to the Plat thereof, as recorded at Plat Book 13, Page 62, of the Public Records of Dade County, Florida, atk /a 5959, 5961 and 5965 S.W. 71st Street and _5952 and 5956 S.W. 70th Street, South Miami, Florida is hereby denied. Section 2. That a variance to allow alcoholic beverages to be served within 1,000 feet of other licensed establishments on the above- described property is hereby °te qxa,4ed 2 -- Section 3. That a variance to allow alcoholic beverages to be served within 1,000 feet of residential property on the above - J', described property is hereby Via. Section 4. That a special use permit to allow a reduction by fifty percent of required off- street A parking spaces on the above- described property is 1treby met-: Section 5. That a special use permit to 'allow an eating establishment on the above- described property is hereby granted. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: R 1 CITY ATTORNEY r 1 Resolut \5959SV71ST " U NCX o, s r. i ,. GARDENS N 1L_! _ l 1r J +� .. .. �t ` �� bW rR,4Cr b rRAC h Sllf � f 114 1AtA*$MA14 All 1 1A 001 Y ! 1 S rRA� r o s w. 1RACr Or . NI ✓FRS /rY , rgACr .0 W /LLIAMSON BAROENS NO J .e • '�. � ' -�IM� YER,SI•r.Y � 6ARDEMS 1N� ,? ` ' rRgcT M. s• t � ,. w� 5w w tjs 27/2 /Vii` kmA Us aw �. . ,� Yl •,rte s, • 't •I - ,i - . � ♦ iI .1� .�, �. � •� �• ,.'r' • e :a .. _ . ., � � � ` .� ; is �•- .V APPLICANT: ` SSCISA OWNER: VAKb* MP REFERENM: 64 � � �Irii '� w• 71 - %TrECTJ Compass COMMENTS: Scale . . YhRIANC" + SpECt L uS! P'ERM t Date. Drn..Chk..... CITY ow'10OUTH 1KIAMI ow PLANNING DOARD Hearing NoNJAAR s * .Is �•s•i i � • N .r p �ti • ` ,f :w;Jwat ,1 Alp 1 1A 001 Y ! 1 S rRA� r o s w. 1RACr Or . NI ✓FRS /rY , rgACr .0 W /LLIAMSON BAROENS NO J .e • '�. � ' -�IM� YER,SI•r.Y � 6ARDEMS 1N� ,? ` ' rRgcT M. s• t � ,. w� 5w w tjs 27/2 /Vii` kmA Us aw �. . ,� Yl •,rte s, • 't •I - ,i - . � ♦ iI .1� .�, �. � •� �• ,.'r' • e :a .. _ . ., � � � ` .� ; is �•- .V APPLICANT: ` SSCISA OWNER: VAKb* MP REFERENM: 64 � � �Irii '� w• 71 - %TrECTJ Compass COMMENTS: Scale . . YhRIANC" + SpECt L uS! P'ERM t Date. Drn..Chk..... CITY ow'10OUTH 1KIAMI ow PLANNING DOARD Hearing NoNJAAR STAFF REPORT PB -89 -023 November 6, 1989 Applicant: Secisa International Request 11: Variance from Section `20 -3.5G of the City of South Miami Land Development Code to allow an arcade within the required 15 foot front setback for the ground floor only. Request 12: Variance from Chapter, 4, Art I, Section 4 -2 (a)(2) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of other licensed establishments. Request #3: Variance from Chapter 4, Art I, Section 4 -2 (a) (3) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of residential property. Request 14: Special Use Permit for an Eating Establishment in an MO District, as specified in Section 20- 3.3(E) of the City of South Miami Land Development Code. Request #5: Special Use Permit to reduce the number of required off- street parking spaces by 50 %, as specified in Section 20-4.4(l) of _ the City of South Miami Land Development Code. Location: 5959, 5961, & 5965 S.W. 71 Street; 5952 & 5956 S.W. 70 Street Legal Lots 8, 91 10, 11, 12 and 13, Block 3, of ROSSWOOD SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 13 -62 of the Public Records of Dade County, Florida. BACKGROUND (Excerpted from various correspondence and minutes on file with the Department and City Clerk) September 10, 1957 Advisory Zoning and Planning Board Request: Application of Doris E. Smith to rezone Lot 11, Block 3, Rosswood Subdivision (5959 S.W. 71 Street) from R -4 to C -2. Response: Unanimously DENIED as spot zoning. October , 1957 City Council Resolution_ 1115 Request: A RESOLUTION ACTING UPON APPLICATION OF DORIS E. SMITH TO REZONE LOT 110 BLOCK 30 ROSSWOOD, SUBDIVISION, FROM R -4 TO C -2. Response: Recommendation of Advisory Zoning Board accepted and the application is DENIED. Agenda 11 -14 -89 Page #2 PB -89 -023 Applicant: Secisa International Request #1': Variance from Section 20 -3.5G of the City of South Miami Land Development Code to allow an arcade within the required 15 foot front 'setback :for . the ground floor only. RESULT: MOTION TO APPROVE: 2 -3 Request #2: Variance from Chapter 4, Art. I, Section 4 -2 (a)(2)' of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of other licensed establishments. RESULT MOTION TO APPROVE: 2' -3 Request #3: Variance from Chapter 4, Art. I, Section 4 -2 (a)(3) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of residential property. RESULT: MOTION TO APPROVE: 2 -3` Request #4; Special Use Permit for an Eating Establishment in an MO District, as specified in Section 20-3.3(E) of the City of South Miami Land Development Code. RESULT: MOTION TO APPROVE: 5 -0 Request #5c Special Use Permit to reduce the number of required off- street parking spaces by 50 %, as specified in Section 20-4.4(1) of the City of South Miami Land Development Code. RESULT: MOTION TO DENY: 4 -1 Location: 5959, 5961, & "5965 S.W. 71 Street; 5952 & 5956 S.W. 70 Street Legal: Lots 8, 9, 10, 11, 12 and 13, Block 3, of ROSSWOOD SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 13 -62 of the Public Records of Dade County, Florida. F. Remarks G. Adjournment. r PB -89 -023 Applicant: Secisa International Request #is Variance from Section 20 -3.5G of the City of South Miami Land Development Code to allow an arcade within the required 15 foot front setback for the ground floor only. Request 12: Variance from Chapter 4, Art. I, Section 4 -2 (a)(2) of the Code of Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of other licensed establishments. Request 13: Variance from Chapter 4, Art. I, Section 4 -2 (a)(3) of the Code of .Ordinances of the City of South Miami to allow the sale of alcoholic beverages within 1,000 feet of residential property. Request 14: Special Use Permit for an Eating Establishment in an MO District, as specified in Section 20- 3.3(E) of the City of South Miami Land Development Code. Request 15: Special Use Permit to reduce the number of required off- street parking spaces by 50 %, as specified in Section 20-4.4(1) of the City of South Miami Land Development Code. Location: 5959, 5961, & 5965 S.W. 71 _Street; 5952 & '5956 S.W. 70 Street Legls Lots 8, 9, 10, 11, 12 and 13, Block 3, of ROSSWOOD SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 13, -62 of the Public Records of Dade County, Florida. Mr. Alfredo Julian signed in and gave background information regarding his project. He stated that his company presently, operates a travel agency within the City of South Miami. They bring groups of tourists from Brazil into Miami. Their services to these clients are all inclusive in the travel package. They propose to build a hotel immediately' adjacent to the ,Metro Rail so that these tourists may go to Dadeland or into downtown Miami directly. Other activities will be done on a group basis with buses for transportation; including transportation to and from the airport. Request 11. - This is a request to allow an arcade within the required 15 foot front setback on the ground floor because the new zoning ordinance requires a 15 foot setback which would create a covered area for pedestrian use. However, the applicants feel that a cantilever with 3 stories of building above will be difficult to accomplish structurally; the arcade would create the covered area and provide an ambiance for this area. Requests #2 & 13 are self explanatory. No alcoholic beverages will be served outside the restaurant which is within the hotel itself. The building is proposed for 118 rooms, a courtyard with a pool area, a restaurant in the center and a parking structure in the rear. Mr. Ligammare's primary concern is parking. The request is for a Special Use Permit to reduce the required off - street parking spaces by 50 %. Mr. Julian said that their guests will not have automobiles of their own. Mr. Ligammare speculated as to any possible future changes which would create another Bakery Center for the City. Mr. Julian said that at present, their firm bring 40,000 Brazilians into Miami per month. They presently have two f hotels in Brazil which they feel give them the experience to create a successful venture here in Miami. The B & Z Director stated that the new Zoning Code included the 50% reduction provision with the intention of helping redevelopment of the area around Metro Rail and encouraging the use of Metro Rail. This is applicable to any project within 500 feet of the station. This is actually not a variance but the new Code, requires that it be approved by the Commission. Mr. - Carver asked that if not specifically granted will it be 'a policy to give buildings within 500 feet of the Metro Rail Station a 50% reduction in parking requirements. It was agreed upon by the Board members and staff that the City Attorney will have to be consulted as to the interpretation of the new Code regarding this matter. A Special Use Permit lapses within six months if no building permit or Certificate of occupancy has been issued. Parking requirements are governed by the number of rooms in a "hotel. Mr. Cooper made a motion to approved Request 14. Seconded by Mr.Carver. MOTION TO APPROVE: 5 - 0 Mr. ,Carver made motion to deny Request #5 which will allow it to go before the City Commission. Seconded by Larry bigammare. MOTION TO DENY: 4 1 (Cooper) Mr. Ligammare made motion to accept Request, #2 and Request #3. Seconded by Mr. Gutierrez MOTION TO APPROVE: 2 - 3 (Cooper, Carver, Parr) Mr. Gutierrez made motion to approve with the stipulation that the _arcade be built as indicated in the submitted plans. Seconded by Mr. Parr. MOTION TO APPROVE: 2 3 (Cooper, Carver, Ligammare) r SECISA SECISA INTERNATIONAL U1 A INC. October 26, 1989 City of South Miami Planning Department 6130 Sunset Drive, South Miami,F1. 33143 RE: Letter of intent indicating hardship for variance Dear Sirs: 1. We ask the city to permit us to build into our front setback area,with a columned arcade. The code permits us to cantilever over the setback area to the property line.The problem is that then we will be forced to cantilever three stories with hotel rooms increasing our cost dramatically.`This - requirement will force us to completely re- design our hotel,at this time we are ready to proceed with our final 'drawings. Our firm believes that 'a covered arcade is a positive amenity for the city,one which is encouraged through out other- cities,in their present codes. 2. We ask the city to permit us to obtain a liquor license even though we are less then one thousand feet to an apartment complex. - 3. We ask the city to grant `us a special use permit, reducing our parking requirement by fifty percent, because- -Of"on 15roximity to metro rail NJ-:.ly Yours M. J ien 5975 S.W. Sunset Dr. Suite 108, Miami, Fla. 33143 ( 305) 662 -2232, 662 -1144. TELEX: 266008 - �t_ aka �. TY �A�, r� rfx fa Z1r S.•� ��yryi'Cf�� s�i �•.. }��i� �_�,, " •? - , ".r a "' :. � r� _�,..�^ �`- ��y.�, rye r ^t � y - :�rP.i •�r".y •` - t ,•sF rr ° 4 rA •wit + � r.'ir� r"tj�'9? �s�j 7F#5 r ta�� ''rs� � y.,. Vi - - _ • t ` r • ° '' c •4 �1r•• r � ..a � ji � ';•fra. ~ t e'�S- - � % •,y .r ''" } ¢. � 'Nt.'�°` a %4 's , ' {• ' •►: t . r r 4 � t r r S c •. r t c '-r 3'- 't:%.ti r •X� - .,IRZ� 414 -- _ v ti In SA . y .fit r w 1 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 TO THE OFFICE OF THE ZONING DIRECTOR BEFORE PROCEEDINGS MAY Wt STARTED FOR PUBLIC HEARING. APPLICANT Af Cowman Tt T TI ET SPECIFY) Ay � R�� ADDRESS OF APPLICANT CITY STATE ZIP PHONE S•w. SO N5 �YLtA�Y1 33 Cc -a32 OWNER JOATE, OWNERSHIP OF PROPERTY OBTAINED ADDRESS OF OWNER CITY STATE ZIP PHONE Is PROPOPTION OF CONTRACT FOR *URCHASEt MORTGAGE[ 1s NAME AND ADDRESS YES NO IF APPLICANT IS NOT OWNER, iS LETTER OF AUTHORITY FROM OWNER ATTACHED? /�_. YES NO LEGAL DQE�SGCRIPTIION OF PROPERTY COVERED BY APPLICATION LOT(S) _ L/! • 1 to, •') b ISM/ 1� J , _ BLOCK / su.D/vls/o« vwwwo Ps z METES AND SOUNDS P t n 4 7� i4 44 SIZE OF AREA COVERED BY APPLICATION NAMEAND OFFICIAL WIDTHS tF BUTTING KIWIS 6 ILI aQv 6*1. 1 , p r/1a 4700 ADDITIONAL DEDICATIONS PROPOSED STRUCTURES 'LOCATED ON PROP TY NOW. de APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWINGS CHANGE OF ZONING EXCEPTION OTHER (SPECIFY) VARIANCE AMEND SECTION OF CODE OWN/ yIr PREAENT 'ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED EXPLANATION O`jF. ABOVE �M/ AU W5 �(j[.J� l/Q�O n WV�1•��Yr 1"oIW/+j,/}� •- t%" [ •T !�I&r ,. 4X* • r to �- i-tc32 �.iC�� loboStOg1�lpt.- R OF irrc meOZ -41L, 05601 o THE FOLLOWING! SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MAOE PART OF APPLICATION.) / CERT1f1ED SURVEY SITE PLAN PHOTOGRAPHS STATE111�gEHT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED PROPOSED FLOOR PLAN NEARING FEE (CASH OR CHECK) OTHER THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. SIGNATURE FOR OFFICE USE ONLY DATE OF HEARING HEARING NO.,�09-1723 Psuoa -ate Rcv. s-�s .t� DATE FILED 4S: PLAN S if Yee- 71tj 6 r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, HONORING ARTHUR CUMMINGS FOR 22 YEARS OF DEDICATED SERVICE TO THE CITY WHEREAS, Arthur Cummings has been a City employee from October 10, 1966 to August 11, 1989 and has served with distinction; and WHEREAS, the Mayor and City Council of the City of South Miami wishes to acknowledge the fine work performed by Arthur Cummings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Arthur Cummings is hereby recognized for his loyal and exemplary work for the City. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Cummings RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, HONORING ARCHIE FINKLEY FOR 20 YEARS OF ,DEDICATED SERVICE TO THE CITY WHEREAS, Archie Finkley has been a City employee from November 5, 1969 to December 8, 1989 and has served with distinction; and WHEREAS, the Mayor and City Council of the City of South Miami wishes to acknowledge the fine work performed by Archie Finkley. HOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Archie Finkley is hereby recognized for his loyal and exemplary work for the City. PASSED AND ADOPTED this Bay of 1989. APPROVED: MAYOR ATTEST CITY "CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Finkley I RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, HONORING ADDLEY HORNE FOR 31 YEARS OF DEDICATED SERVICE TO THE CITY WHEREAS, Addley Horne has been a City employee from December 30, 1957 to September 25, 1989 and has served with distinction; and WHEREAS, the Mayor and City Council of the City of South Miami wishes to acknowledge the fine work performed by Addley Horne. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Addley Horne is hereby recognized for his loyal and exemplary work for the City. PASSED AND ADOPTED this day of 1989. APPROVED; MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Horne RESOLUTION 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, HONORING RUDOLPH SIMMONS FOR 34 YEARS OF DEDICATED SERVICE TO THE CITY WHEREAS, Rudolph Simmons has been a City employee from September 16, 1955 to November 30 1989 and has served with distinction; and WHEREAS, the Mayor and City Council of the City of South Miami wishes to acknowledge the fine work performed by Rudolph Simmons. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Rudolph Simmons is hereby recognized for his loyal and exemplary work for the City. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORMS CITY ATTORNEY Reso l ut \Simmons RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, HONORING WILLIE SINGLETARY FOR 31 YEARS OF DEDICATED SERVICE TO THE CITY WHEREAS, Willie Singletary has been a City employee from February 5, 1958 to February 28, 1989 and has served with distinction; and WHEREAS, the Mayor and City Council of the City of South Miami wishes to acknowledge the fine work performed by Willie Singletary. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Willie Singletary is hereby recognized for his loyal and exemplary work for the City._ PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR - ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Dedication 10 i -- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING METROPOLITAN DADE COUNTY NOT TO WIDEN SOUTHWEST 56TH STREET (MILLER ROAD) FROM 67TH- AVENUE TO 57TH AVENUE IN THE CITY OF SOUTH MIAMI WHEREAS, Miller Road, also known as Southwest 56th Street runs through the City from Southwest 57th Avenue (Red Road) to Southwest 67th Avenue (Ludlam Road) in the City; and WHEREAS, the City's adopted Comprehensive Land Use Plan calls for Southwest 56th Street to remain a two -lane road in the City; and WHEREAS, from Ludlam Road east to Red Road in the City there are only residential homes which would make unnecessary the widening of the street to four lanes as contemplated by the 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 of the City of South Miami most ardently request that Metropolitan Dade County not widen Southwest 56th Street as it runs through the City from Southwest 57th Avenue to Southwest 67th Avenue. Section 2. That the City Clerk is hereby directed to send true copies of this Resolution to the Mayor and all Commissioners of Metropolitan Dade County and to the Clerk of the Board. PASSED AND ADOPTED this day of , 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Dade RESOLUTION N0. A RESOLUTION OF THE X AYOR AHD CITY COIDI I SS I ON OF THE CITY OF SOUTH XIAIII, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A ' TOT LOT FOR J. E. MURRAY PARK WHEREAS, upon recommendation of the Recreation Department the City Administration deems it in the public interest to purchase a Tot Lot at J.E. Murray Park; and WHEREAS, the City Administration is recommending that the purchase be made 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 Tot Lot for Murray Park be purchased from Dade County Bid No. '560 -93, Group J. at a total cost of $11, 785.00, to be paid from account No. 2000- 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 \Murray.Park ORDINANCE NO. 5 -88- 1300 -B AN ORDINANCE OF THE XAYOR AND CITY CONXISSION OF THE CITY OF SOUTH XIAXI, FLORIDA, ACTING AS THE BOARD OF DIRECTORS OF THE DISTRICT, TO ADOPT A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN FOR THE CITY WHEREAS, the Mayor and City Commission of the City of South Miami adopted Ordinance No. 5 -88 -1300, and as amended by Ordinance No. 5 -88- 1300 -A, which created a Safe Neighborhood Improvement District; and WHEREAS, pursuant to the enabling Ordinances, the Advisory Committee has recommended a plan which the Commission, acting as the Board of Directors of the District, wishes to adopt. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Safe Neighborhood Improvement District Plan prepared by the Hahn, Perez,Bellomo Group, Inc., dated September 22, 1989 and attached hereto as Exhibit "A" is hereby adopted: Section 2. That all funding for the district shall be budgeted in accordance with the provisions of ,Chapter 163, Part IV, Florida Statutes. PASSED AND ADOPTED this day of 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Deletions shown by - - - - - -- Additions shown by Ordina \improvem.ord 13 ORDINANCE NO. 17- 79 -1039A AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE NO. 17-79-1039 WHICH REGULATES CABLE TELEVISION SYSTEMS IN THE CITY BY ADDING A DEFINITION OF THE FEDERAL CABLE LAW; AMENDING THE DEFINITIONS OF CABLE TELEVISION SYSTEMS AND GROSS REVENUES; AMENDING PROVISIONS RELATING TO :RATES AND LICENSE RENEWAL PROCEDURES ADDING ANTI- DISCRIMINATION AND PRIVACY PROVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami has adopted an Ordinance regulating Cable Television in the City; and Whereas, the City wishes to amend the Ordinance to address concerns which have arisen subsequent to the original enactment. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA: Section 1. That Subsections 2 and 7 of Section 2 styled Definitions are amended as follows: Subsection 2. "Cable Television System" or "CATV System" �s- a�g- €�o#�3#,t- t#�a -t - -�3r- whirl- e-- tx-- irr-- ipar�, -- repines-- d�i�ct3y-; -trr fad -i- reset -l-y�r -emir- - the- a -i-nr -- end- amp Il#- ires- fx=- at-he�Fwlse -mo&ir€leer -the slg �s-- tr- &aeawi-ttt tie- prGgsaasr- broadeas4 - - by- - one--- er- 4TOFe- 4e,1e-.-&sio-n- ate- radio--- stat4aus -.aad_ distr- .outer. - siS- na1r, -by - wise- or- - cab3.a -try subsrxibl- ns- meaabers.-0f- #fie - .public. -who -+ay_t_or- ranch- service means any facility operating by means of coaxial cable, optical fiber, or other transmission lines or forms of transmission, and associated equipment and devices, the primary function of which is to receive, through any means, including, without limitation, coaxial cable, optical fiber, or satellite or microwave transmission, and to distribute the signals of one or more broadcast television or radio stations and of other sources of video, audio, voice or data signals. Said facility may also be one which distributes to, from, or among subscribers or other persons such other video, audio, voice, or data signals as may originate within The City or elsewhere. Said Cable Television System shall include, without limitation, "Cable System'' as defined in Section 522(6) of the Cable Act ( "Cable Act ") and any System which provides any "cable service" as defined in Section 522(5) of the Cable Act, 1 114 and as said statute may be amended. The foregoing definition of "Cable Television System as appearing in this Ordinance, shall not be deemed to circumscribe the valid authority of any governmental body, including the City, to regulate the activities of telephone or telegraph companies, or the provision of anv Service over the System which is' not 'a cable service as such term is defined in the Cable Act Subsection ?. "Gross Revenue" -4ha3� mew -- any- am4 -a.14- �event�es -- Ee- i- xted-- # -r-am- bscx =ibe -�- a - - -tha --City -- der -tve4 fr-am -the test-&l -Iat-i -can; dise ara aeo-t# em- -- ate-- r- e =4- nst&4- latirtm- ebeerges - per- i- adI.o- s e r-u -te e- -era rg-es - a*& - - ehr -g es- - - € e r- - - regular --- s %bso F l43e r - - ee r vl<�L-s - -bn- Gomm ai tiowe -6o fss -ct -- -m&ada4ed- *GR- br-0 adF.ast-- sar-vi-ees- as-- we-14- as- revere -- der ived -from-- programming- - supplied- -on- * -per—pregi- &m -or- per--ehanrrel -e sFge--- b&edrs-- -(-pay 3: -4-t - sore- b1- -410t -- -x�el a -ate Feeds--- oF--- .r-eda#s- -fie --- 4e -- eebser`fber -er -may- #,sues -- mpos -on seT-., ees - - €n is ied - -b - -the -- pa means all revenue, as determined in accordance with generally accepted accounting, Principles, which is derived, directly or indirectly. by the Grantee, its affiliates, subsidiaries, parents and any _person in which the Grantee has a financial interest from or in connection with the operation of the System including without limitation: the distribution of any Service over the System; the provision of any Service Related Activity in connection with the operation of the System; Basic Service monthly fees; all other Service fees; and other facility or equipment rentals; advertising revenues; and the value of any free Service or Services provided by the Company other than those authorized or required by this Ordinance or any Franchise Agreement. Gross Revenue shall also include the gross revenue of any other Person including, without limitation, any Affiliated Person, which is derived directly or indirectly from or in connection with the operation of the System to the extent that said revenue is derived as determined from time to time by the 2 City Manager, through any means which is intended to have the effect of avoiding the payment of franchise fees that would otherwise be paid to the City for the franchise. Section 2. That Subsection 17 is hereby added to Section 2 styled definitions as follows: Subsection 17. "Cable Act means the Cable Communications Policy Act of 1984, Public Law 98- 549,'98 Stat. 2779 (October 30, 1984). codified at 47 U.S.C. Statutes 521 et seg. and as said Act maybe amended`. Section 3. That Subsection 2 of Section 14 styled "Rates charged to Subscriber" is hereby amended by adding subsection (d.> as follows: Subsection (d.) The Grantee's rates and charges for the provision of any service are not established hereunder, provided however the City reserves the right to regulate rates for Cable Service to the fullest extent permitted by law. Notwithstanding anything in this Ordinance or any Franchise Agreement to the contrary, In the event that the Cable Act is amended or repealed, or restrictions on the authority of the City to regulate rates are otherwise removed or lessened, or the FCC or any court permits the City to regulate such rates, the City may, at its discretion, establish procedures and standards for rates and regulate such rates to the fullest extent of its regulatory authority under Federal, State and local laws. - Section 4. That Subsection 1 (e) of Section 11 styled "Construction is hereby amended by adding the following_ concluding sentence: Grantee shall not deny access to any group of potential cable subscribers because of income, nor shall the Grantee deny any Service, deny access, or otherwise discriminate against Subscribers or other Persons on the basis of race, creed, color, religion, national origin, sex, age, handicap, marital status or veteran status. The Company shall comply at all times with all applicable federal, state and City laws, and all executive and administrative regulations, rules and orders relating to nondiscrimination ly Section 5. That Subsection 1 of Section 19 styled "Renewal Procedures" is hereby amended as follows; Subsection 1. A license may be renewed by the City Commission for a period of up to ten (10) years upon the written request of the Grantee without soliciting additional applications. Such a renewal request shall be filed at least six (6), but not more than eighteen (18) months prior to the expiration of the license and shall be accompanied by a non - refundable application fee of $100.00. A renewal request may propose modifications in the terms of a Grantee's license which shall be considered by the City Commission, but in any case, the City Commission may,- upon its own motion, modify the terms of a Grantee's license Subject to the conditions set forth in Paragraph 2, below. To the extent ARplicable, Section 546 of the Cable Act shall govern the procedures and standards for renewal of any franchise granted. To the extent Section 546 of the 'Cable 'Act is not applicable, the City shall have the right to grant or deny renewal ^pursuant to any reasonable procedures and standards in the excercise of its sole discretion. Section 6. That Subsection -1 of Section 4 styled "Term of License" is hereby amended as follows: Subsection I. Any license granted by the City Commission shall be for a term of fifteen (15) years following the date such license is accepted by the Grantee, and, upon application of the Grantee and review of the performance of Grantee in a public proceeding, and otherwise in accordance with the renewal provisions of the Cable Act. and Section 19 of this Ordinance, the City Commission may renew the license for successive ten (10) year periods, with such modification of terms as the City Commission may determine in each instance, consistent with the Cable Act and its renewal provisions and Section 19 of this Ordinance Section 7. That Subsection 8 is hereby added to Section 9 styled "Service Standards - Business Office - Resolution of Complaints" as follows: 8. The Grantee is not required hereunder to reveal 4 w s personally identifiable subscriber information contrary to Section 631 of the -Cable Act. Section 8. That this Ordinance 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 Additions shown by Deletions shown by - -- - -- -- ordina \catvamd. 5