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01-05-88Yg } e' r OFFICIAL AGENDA CITY OF SOUTH MIAMI j .;�� ~ 6130 Sunset Drive REGULAR CITY COMMISSION MEETING Next Resolution: 1/88/8017 JANUARY 5TH, 1988 Next Ordinance: 1/88/1297'` 7:30 P.M. Next Commission Meeting: 1/19/88 A. INVOCATION B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ITEMS FOR COMMISSION CONSIDERATION: 1. Approval of minutes of December 15th, 1987, regular City Commission meeting 2. City Manager's Report: Address by Ivan Rodriguez, Dade County Historic Preservation Board J. City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC.HEARING:�._ none RESOLUTIONS - PUBLIC HEARING:' ---y s' Fe 4. A Resolution granting variances to allow a rear setback of 10' where 25' setback is required and to allow 18 parking spaces where 33 parking spaces are required for Faith Tabernacle First Born Church of the Living God, located at 6141 S.W. 64th St., South Miami, and legally described as: Lot 7 & 8, Block 1, PINES SUBDIVISION, as recorded in Plat Book 13 at Page 13 of the Public 'Records of Dade County, Florida. (Administration /Planning Board) i 5• A Resolution granting a freestanda,�g sign variance in a CO (Commercial Office) District where such signs are not permitted, said sign being 6'8," by 4'5'2' pursuant to plans dated August 17th, 1987, sketch rmb°8 -7SS5; on property legally described as: Lots 12, 13, 14 and the Wes Ildf' Lot 15, as recorded in Plat Book 41 at Page 41 of the Public Recoils nude County, Florida, a /k /a 6180 Sunset Drive. (Administration /Planning Board) RESOLUTIONS: e l 6. A Resolution recognizing thirty one years of service to the South Miami Police Department by Lt. Ralph Greenwood. (Vice -Mayor M a.nn) J 7. A Resolution declaring ndre Dawson Da in the o`f T-61 th Miami and namin 9 Y y 9 Andre Dawson Drive in his honor. fCo7 sinner rown;) 8. A Resolution authorizing the Acting City Manager to request proposa s for consultant services to review and make recommendations regarding the City of South Miami pay p lan. �TMUOY, rMc n ) 9. A Resolution authorizing the Acting City Manage► - to requeh po os s for professional services for the proposed construction of a motor pool building at the public works site. (Vice ,ayor.McCapn,) , 10. A Resolution authorizing the Acting City Manager to enter into 4go iatio`ns for a contract for the repair or replacement of sidewalks in the Bird Road area of the City of South Miami. ice - %or McCa 11. A Resolution authorizing the Acting City Manager L purchase refuse receptacles 1, 1 for the Public Works Department. 4 4 mini-stration), 1 41 12. A Resolution requesting the Florida Department of °T ans or ation and Metropolitan Dade County to 'install signs prohibiting left turns onto S.W. 69th Avenue from' Sunset Drive in the City of South Miami during the hours of 7 :00 A.M..to 9:00 A.M. .during school days. (Mayor Porter) 4/5 4/5 3/5 3/5 3/5 3/5 3/5 REGULAR CITY COMMISSION MEETING JANUARY 5TH, 1988 PAGE 2 13. A resolution to request bids for the provision of cable television service in the City of South Miami, Florida. (Mayor Po. for C� 14. A Resolution authorizing the City Attorney to offer thous o$5,500 as complete settlement in all matters in a tort liability claim against the City. (City Attorgal-9 - .. 15. A Resolution authorizing the acting City Manager to pS�~'chase for the South Miami Police Department. (Administration) ORDINANCES - FIRST READING:c1 0 16. An Ordinance repealing Ordinance No. 11 -86 -1256, heretofore adopted by the South Miami City Commission on August 19th, 1986, which Ordinance amended Section 9 -3 of Chapter 9 of the City's Code of Ordinances, and establishing one place of polling for all general and special elections of the City of South Miami as the Fire Station located at the City Hall Complex, 6130 Sunset Drive, South Miami, Florida. �(.Vi ce -Mayor Mc ann 17. An Ordinance designating the Place of Polling, Date and Time o the Special City Election to be held in conjunction with the Regular City Election on February 9th, 1988. (Mayor and Commission) DEFERRED AND /OR TABLED: none l NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING FOR WHICH THIS AGENDA CONSTITUTES NOTICE, SUCH PERSON WILL NEED A RECORD OF THE fROCEEDINCs CONDUCTED AT SUCH MEETING AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 3, 4;' G� 4,/ 4/ RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING VARIANCES TO ALLOW A REAR SETBACK OF 10 FEET WHERE 25 FEET ARE REQUIRED AND TO ALLOW 18 PARKING SPACES WHERE 33 ARE REQUIRED FOR FAITH TABERNACLE FIRST BORN CHURCH OF THE LIVING GOD, LOCATED AT 6141 S.W. 64TH STREET, SOUTH MIAMI, FLORIDA. PLANNING BOARD ITEM NO. 87 -019 WHEREAS, Faith Tabernacle First Born Church of the Living God has requested rear setback variances and parking variances to build an addition to the existing church; and WHEREAS, at the Planning Board Public Hearing of September 29, 1987, the Board recommended by a vote of 4 _ 2 to grant the variances requested upon certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a variance be granted to allow a 10 foot rear setback where 25 feet is required and a variance be granted to allow 18 parking spaces where 33 are required for property legally described as: Lot 7 and 8 of Block 1 of PINES SUBDIVISION, as recorded in Plat Book 13, at Page 13 of the Public Records of Dade County, Florida, a /k /a S.W. 64th Street, South Miami, Florida. Section 2. That these variances are conditioned upon the applicant providing continuing documentary evidence of compliance with the Joint Use and Off -Site Facilities require- ments of Section 7 -1 -3 of Chapter 20 of the City's Zoning Code. In the event the Church does not establish compliance with the above requirements, this variance will be void and of no further force and effect, and the Church shall utilize the Church structure in accord with the applicable on -site parking requirements. off] PASSED AND ADOPTED this day of , 1987. APPROVED: ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY R7 -9 -05 .. .. - ,90 `' V r. •�� + ! ilt6 ?� *310 � , 4 93 S 9 ' j t;2 I,Z fp ;` iirOSD Q � ; - 2, 2 1. � b z, 3 utr c�zl £sa s 8b c g� 8d Cory MOW z4, r, D 'S�M etc lilt o < p Q < C y,3 f, _� OZV �� i mqmvcrmp� %_ 61St 01V IF H 4 n► s. C � r *05, Wirt c �+f bor7 u �WPLACE ,'► -� t r -goo OE �j CIA 010- 7 ,y 6 @73-32 Z' Easement " )oo' goo r-: 5.2 n � f 01 09 Ac .C9 Ac .ZA .09 Ac .! ! Ac �� 6081 r, 4 9 6041 S. W, - - c kc. r $ Z 641 6124 :..6100 - 707.3 110 110 _ l a Tract .. J.. 3a 0.67 5.4 Ito 197.01' q ,0/ 4 0 '�C d p � 0 R / � h Ilk AMA L ;�Y >� No. o 1,00h � APPLICANT: Faith Tabernacle First Born Church of the Living God,'-Inc. OWNER: Faith Tabernacle-- MAP REFERENCE: 6141 S.W. 64 Street ml"" ° #1- Variance -to . allow increase. in degree of non- Co ass conforadty 'by reducing, the.. rear-.-setback from I6, 25' to. 0' wfiere 25: is . required. - Scale 1" " 100' #2 Variance to allow 2S parking spaces where 33 `st are flowed. ., Date........... Drn . ADI... Chk ..... CITY of MUTH WWI ft PLANNING bOh Hearing No�:a,.at9 a -s THE CITY Of Sou t� 'jami 6160 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 PUBLIC SERVICE D[PARTMENT Z O N I N G P E T I T I O N Property Description, Location and Legal: Request: The Owners of the above property have made the following request: ** *PLEASE NOTE: THIS INCLUDES MORE THAN THOSE IN THE 300' RADIUS. MEMBERS OF THE CONGREGATION HAVE ALSO SIGNED THE PETITION. rjn Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. 11A LC ------------- ---------- 'WSO -37 ;. _ - -Sze�—el6r- sGv� 3 AA t THE CITY Of �OL[t4 4 ,am, 9130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 PUBLIC SERVICE DEPARTMENT Z O N I N G P E T I T I O N Property Description, Location and Legal: Request: The C ners of the above property have made the following request: Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. NAME op 2f I �/A A- { - - - - - - - - 91 a_Sw_�.4�_ ------- - ------------ - - - - -- - - - - - ---- - - - - -- -- - - - - -- k!' _c - • - - - - - - - - - r -.. - - - w - r - - - - - w - - - - - - - - - - - - -- i_'4!♦ - �.-'�. V50 -37 (continued on page .2).; . ZONING PST I T I ON (continued) Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. �F C - a . r � f ' ' r t l � -"/ '�- , • - A r • • _ w _ - r w�w,•r r _ r r_ • .� w r 450 -37• . J .- w4:a,�--- - - - - -- _'� _ % - �I -14 s k) 6736`x- - - a�8_7_ � �� b _� � • �_�= Act._ _a� _ '17 S-f-So- - - - - - - - - 0� Li �tsswba j A fj S' ~ 1 '- - .:: '« -... u�. i THE CITY Of soutll 4.1ffIRMI 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 PVSLIC SERVICE DEPARTMENT Z O N I N G _P B T I T I O N Property Description, Location and Legal: Request: The Owners of the above property have made the following request: Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. ._ _ -1 ------------ • • w w w w • w • r • w •• •}r r r • • • • w • • _ --- _ _ • s _ s. r w • • • r r r � • FY`Si'►. Ji •� • • w r • w • • w � w • _ r r �� r,,+T • • r _ .r _ _ r ,• y :� a .� ' °.yy. xS -' sr1►:T_.*S. 1• : j' « r r 450 -37 (continued on page 2) Page 1 :-� t.. - CV,, ?- 5? 9?- .�U/ 11�_, - - - - - _4c`�y $ ?_ 5871_ cc�_ 6 2 - - - - - - - - ._ _ -1 ------------ • • w w w w • w • r • w •• •}r r r • • • • w • • _ --- _ _ • s _ s. r w • • • r r r � • FY`Si'►. Ji •� • • w r • w • • w � w • _ r r �� r,,+T • • r _ .r _ _ r ,• y :� a .� ' °.yy. xS -' sr1►:T_.*S. 1• : j' « r r 450 -37 (continued on page 2) Page 1 :-� t.. 6621 S. W. 62nd. Terr. South Miami, Fla. 33143 April 17, 1987 Chairman South Miami Planning Board 6130 S. W. Sunset Drive South Miami, Fla. 33143 Dear Sir: As owner of Lots 3 and 4, Pines Sub - division located in South Miami, Fla., this communication acknowledges that permission has been granted to Faith Tabernacle, First Born Church, Inc. located at 6141 S. W. 64th. St., South Miami, Fla. to use said property for parking purposes by people who attend Worship Services at said Church. At the present time there are no plans to develop or sell this property. In the future if this propertyis offered for sale Faith Tabernace will be afforded the first opportunity to purchase same. Very Truly Yours, ke ,Q. UF, „-t,1 Lee R. Perry 1 _ t R r .! sy, • .� k .-.' �_ N . .✓ - i vb.a� J ' .F ai'rFt_Y � � SYb.,, -�'.� .=t... !'y fwd ` Y' . �'�” .f } tom::. - . yM' aNT At CHURCH PHONE: 665 -5640 1016th Q °r n Ckunh 01 t,�e 6141 SOUTHWEST 64th STREET SOUTH MIAMI, FLORIDA 33143 Cl vi SOW September 7, 1987 City Officials of South Miami Florida Planning & Zoning Board and City Commissions HOME PHONE: 238 -8029 TO: City Officials FROM: Faith Tabernacle First Born Church of the Living God, Inc. RE: Special Use Permit Variance We the Pastor and Local Trustees along with the congregation of Faith Tabernacle First Born Church, Inc. 6141 S.W. 64th Street South Miami, FL 33143, Hereby re- quest a Special Use Permit and Variance to allow us to utilize the building at 6141 S.W. 64th Street South Miami..' This Church has been at this site since April 7, 1937. The City of South Miami Zoning Ordinance require Churches in BM-18 Zone to have two (2) Acres of Land. However at the time of purchase of this land on April 7, 1937, only two (2) lots was granted for the building. We are now using lots three & four (3 & 4) Sub- Division located in South Miami for parking. The owner Mr. Lee . Perry has given the Church permission for usage of the lots and for future sale. Variance to allow an increase in the degree of non- conformity by reducing the rear setback from 16.23' to 0' where 20' are normally required. Variance to allow 15 parking spaces where 33 space is normally required. People now parking is 5 -6; people that will be parking 6-10; parking provided 15. We are seeking variance against these requirements, for the purpose of further growth, not only for the members here, but for the benefit of the Dis- trict Official Meetings. Whether than taking them out of the South Miami Area we would like to bring the delegates into this area, which will benefit both the city and the camunity. Being in this commmity for the past fifty (50) years, we have been able to provide not only spiritual inspiration to the community, but moral and temperal support also and we wish to continue to do so with your help on the proposal. In trying to comply with all the City's Ordinances it becomes more than a hardship for our small membership. We have provided for you the names of the property owners and tenants within 300 feet of our property and we have their approval and support for our project. We the Pastor and the Trust Board of this said Church appreciates your cooperation in this matter. •' -:� ' 3 •C.$+' j!•` 'iLF�.t:A,.t ? 3r' St�'`}'r`s ^•fir' �'z5�,�,pj '� 1 , _. J' F�11" . 4 :.1 �% t k. " �?' 3ys�r'w r ��yt ..� .T�ti..r fLT+t<'+�"r�I>6*�'.�Y".y'v�i��• $Orr C A� CHURCH PHONE: 665 -5640 tpith t 7ade�,y¢c� chutch o� tyQ 6141 SOUTHWEST 64th STREET SOUTH MIAMI, FLORIDA 33143 APRIL 20, 1987 CITY OFFICIALS OF SOUTH MIAMI FLORIDA PLANNING & ZONING BOARD AND CITY COMMISSIONS .Io • Slow ommo-1 HOME PHONE: 238 -8029 TO: CITY OFFICIALS FROM: FAITH TABERNACLE FIRST BORN CHURCH OF THE LIVING GOD, INC. RE: SPECIAL USE PERMIT VARIANCE WE THE PASTOR AND LOCAL TRUSTEES ALONG WITH THE CONGREGATION OF FAITH TABERNACLE FIRST BORN CHURCH, INC. 6141 S.W. 64TH STREET SOUTH MIAMI, FL 33143, HEREBY REQUEST A SPECIAL USE PERMIT AND VARIANCE TO ALLOW US TO UTILIZE THE BUILING AT 6141 S.W. 64TH STREET SO. MIAMI. THIS CHURCH HAS BEEN AT THIS SITE SINCE APRIL 7, 1937. THE CITY OF SOUTH MIAMI ZONING ORDINANCE REQUIRE CHURCHES IN RM -18 ZONE TO HAVE TWO (2) ACRES OF LAND. HOWEVER AT THE TIME OF PURCHASE OF THIS LAND ON APRIL 4, 1937, ONLY TWO (2) LOTS WAS GRANTED FOR THE BUILDING. WE ARE NOW USING LOTS THREE & FOUR (3 & 4) SUB - DIVISION LOCATED IN SO. MIAMI FOR PARKING. THE OWNER MR. LEE PERRY HAS GIVEN THE CHURCH PERMISSION FOR USAGE OF THE LOTS AND FOR FUTURE SALE. WE ARE SEEkINNG VARIANCE AGAINST THESE REQUIREMENTS, FOR THE PURPOSE OF FURTHER GROWTH, NOT ONLY FOR THE MEMBERS HERE, BUT FOR THE BENEFIT OF THE DISTRICT OFFICIAL MEETINGS. WHETHER THAN TAKING THEM OUT OF THE SOUTH MAIMI AREA WE WOULD LIKE TO BRING THE DELEGATES INTO THIS AREA, WHICH WILL BENEFIT BOTH THE CITY AND THE COMMUNITY. EYEING IN THIS COMMUNITY FOR THE PAST FIFTY (50) YEARS, WE HAVE BEEN ABLE TO PROVIDE NOT ONLY SPIRITUAL INSPIRATION TO THE COMMUNITY, BUT MORAL AND TEMPERAL SUPPORT ALSO AND WE WISH TO CONTINUE TO DO SO WITH YOUR HELP ON THE PROPOSAL. IN TRYING TO COMPLY WITH ALL OF THE CITY`S ORDINANCES IT BECOMES MORE THAN A HARDSHIP FOR OUR SMALL MEMBERSHIP. WE HAVE PROVIDED FOR YOU THE NAMES OF THE PROPERTY OWNERS AND TENANTS WITHIN 300 FEET OF OUR PROPERTY AND WE HAVE THEIR APPROVAL AND SUPPORT FOR OUR PROJECT. WE THE PASTOR' AND THE TRUSTEE B RD OF THI�� SAID APPRECIATES YOUR COOPERATION IN THIS MATT / / / T` W ..' — As..- 4 � k 9 y ' J t Sa r i�Ff¢ Y r Z &-. "`' ' I2c t Sa r i�Ff¢ Y r Z rA� CHURCH PHONE: 665 -5640 lalth aoro church o� t/,Q TO WHOM IT MAY CONCERN: 6141 SOUTHWEST 64th STREET SOUTH MIAMI, FLORIDA 33143 P APRIL CO, 1987 HOME PHONE: 238 -8029 THIS IS TO INFORM YOU THAT SUPT. LEE H. JONES, AND THE LISTED TRUSTEES ARE BONAFIDED (IN GOOD FAITH) MEMBERS OF FAITH TABERNACLE FIRST BORN CHURCH OF THE LIVING GOD, INC. SOUTH MIAMI, FLORIDA. (TOWNSITE OF LOTS SEVEN & EIGHT (7 & 8) OF BLOCK ONE (1) OF PINES SUB- DIVISION.) WE DO ACKNOWLEDGE THEM AS DULY AUTHORIZED LOCAL TRUSTEES OF THE ABOVE NAMED CHURCH TO ACT AND CARRY OUT THESE ADMINISTRATIVE AFFAIRS. TRUSTEES E4ER ALLEN DENNARD DEA. ELROY DAVID L' ;EA. WILLIAM RY DECC'S.� MARGIE BUTLER MOTHER LOUISE RYANT SUPT. LEE H. JONES, PASTOR Al� z�_o� � T s �v l x J ''�-�i ^�y��" s z M.3N 4• i � 4 � Y.: .c:�'.f4 .T. y- y �h .. .. -.3�sw ..r+- ._- {�xc.x... .. .• .. <. ...i ..- i .uwc+a.' a� kJ iCt{�.v�M,�... � T s �v l .. .. -.3�sw ..r+- ._- {�xc.x... .. .• .. <. ...i ..- i .uwc+a.' a� kJ iCt{�.v�M,�... e:jc;-* -nL CRU of South Miami INTER —OFFICE MEMORANDUM To: Marien Aran - Spinrad GATE: September 24, 1987 Director, Building, Zoning & Community Development rotom, Danilo Lopez SUBJECT. Staff Report on Faith Tabernacle Planner Public Hearing PB -87 -019 SPECIAL DATA Applicant: Faith Tabernacle First Born Church of the Living God, Inc. Address: 6141 S.W. 64 Street, South Miami, Florida 33143 Legal Description: Lots 7 and 8 of Block 1 Pines PB 13/2. Request #1 A variance to allow an increase in the degree of non- conformity by reducing the rear setback from 16.231to 0' where 25' is normally required. Request #2 A variance to allow 15 parking spaces where 33 are nor- mally required. Description 1. The Church site is made up of two adjacent lots that have a total area of 4000 sq.ft. (50'x80''). The resulting lot houses the Church and the Pastor's home, non - conforming with respect to use, rear setback and lot coverage. See attached Zoning Review Sheet. 2. On March 19, 1985, the ERP Board approved an entry portico addition to the Church. See Minutes attached. 3. On May 7, 1985, the City Commission granted the Applicant a variance to allow an entry portico with a 3.95 foot front set - back where 25 foot front setback is normally required. See Staff Report and Ordinance #13 -85 -1229. 4. Due to an expected increase in membership and visitors, the Applicant wants to expand the Church's seating capacity from 75 to 100 seats. Analysis Several Sections of the Zoning Ordinance place restrictions on this petition: 1. Section 5 -4- 2.01 "Uses Permitted" Uses permitted in RS -4 District (Single - Family Residential) are dwelling, single- family, park or playground, public. Churches are not permitted in this District, but this is a non- conforming use which was erected in 1937 and is thus grandfathered in. ...tS �f�.t.3.. i" `:Y '��_�.� W'FY� � t �•W!G'x4�x', Staff Report -2- September 24, 1987 2. Section 5 -4 -3.01 "Minimum Lot Size" The minimum lot size allowed is 6000 sq.ft. This parcel is made up of two 25'x80' lots resulting in a 4000 sq.ft. lot. Again, this is a non - conforming characteristic. 3. Section 5 -4 -3.02 "Minimum Yard Setbacks" The minimum side setback is 7'h'. The building has 5.84' set - back at the east side of the property and 2.11' setback at the west side. The Church has a front setback of 3.95'. The existing rear setback is 16.23' (where 25' is normally required). All of the setbacks are non - conforming. The Appli- cant wishes to eliminate the rear setback in order to increase the Churches seating capacity. 4. Section 7 -1 -2 "Parking in Yards" Parking is permitted in required yard setback areas except that parking of commercial vehicles of one -ton or greater capacity are not permitted in residential districts. The lot does not have any parking facilities for 'patrons attend - ing the Church services. They park on the streets, on lots 3 and 4, west of the Church's sites and in the front and rear setback of the Church.* There is a letter (attached) from the owner of such lots, Mr. Lee R. Perry, authorizing the Church attendants to utilize his lots as off - street parking. 5. Section 7 -1 -1.04 "Space Requirements" 'Whenever a building constructed after the effective date of this regulation is changed or enlarged in floor area or seating capa- city to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change." Since the Church does not have any parking sapces and it is the first time it is going to be enlarged, the Applicant shouldbe able to provide parking for the members. The increase in parking spaces needed for a''change from 75 members to 100 members is 8 spaces (from 29 spaces for 75 members to 33 spaces for 100 members). (That is an increase of 33% in parking needd.j Nevertheless, according to the Applicant, only a small number (5 -6) of the Church members go to the services by car; the rest live within a walking distance from the premises. When out of towners use the Church's premises they are brought in by a chartered bus. With the increase in seating capacity, about ten people, according to the Applicant, would be,parking on Mr. Lee's lot. Front of building is not flush. There is an area in front of the Pastor's house to park two vehicles. f • . `> .. � � '� _ .. - �.. � -'••fir � _ d -.h ; r' : x i #� � T v,�• jr, -,c .s _ z.,. »r. [. � >..'y- �.. F i ., TM .'rr. r w ♦ cY'4�i -3t� a�..i� i:Fi",ed.�•- A'i .set �! Staff Report -3- September 24, 1987 Staff inspected accommodated at stated to Staff fill up the two obtained author the streets. the site and found out that 15 cars can be the lots owned by Mr. Perry Lee. Applicant that only on very special occassions do they lots and on one occassion last year, they ization from the Chief of Police to park on 6. Section 5 -4 -3.04 "Maximum Lot Cover Section 9 -8 "Building Non - Conformin 11 n Height, Area of Bulk" The maximum lot area that may be covered by structures shall not exceed 30% of the total lot area. A building non- conforming only as to height, area or bulk requirements may be altered or extended, provided such alter- ation or extension does not increase the degree of non- conformity in any respect. The existing structures are non - conforming in area, as they are 1780 sq.ft. instead of 1200 sq.ft. (44.5%of lot coverage instead of 30 %). With the proposed addition, the degree of non- conform- ity would be increased from 44.5% of lot coverage (1780 sq.ft.) to 61.4% (2456 sq.ft.), Thus, the Applicant is requesting a variance for this increase in the degree of non - conformity. Criteria 1. In order to decide whether the variances to allow an increase in the degree of non - conformity and 15 parking spaces where 33 are normally required, Staff set the following criteria. A hardship has to be demonstrated. - A parking solution has to be provided. - The increase in the degree of non- conformity shall not adversely affect the neighboring properties. 2. In this case, it is clear that the size of the parcels the Church is located in are too small to permit a reasonable use of the land under the current zoning regulations. A more intense use of the land is required in order to satisfy the Church membership needs of growth, parking and expansion. 3. Nevertheless, an extension of the back of the Church to 0' setback is not recommended as 64th Terrace is a very narrow street and the bulk of the Church building would have a detri- mental'effect on the neighboring properties. (See sketches). 4. After conversations with the Applicant and an inspection of the interior of the Church, Staff found that the Applicant wishes to increase, the seating capacity to 100 membbrs C25 up from 75). By adding 6'0" of space to the Sanctuary, the Church would be able to house 25 more attendants. This would leave a 1010" rear set- back, which Staff believes would be better than the 010" setback requested. • "ti s } ' T. _ s• 1 Staff Report -4- September 24, 1987 5. Regarding the issue of parking, the Applicant has proposed the use of lots 3 and 4 of the same block. The owner of these lots, Mr. Lee R. Perry granted Faith Tabernacle, use of his property for parking purposes during worship services. (Letter attached) 6. Lots 3 and 4 are presently vacant, they are used by worshipers to park between 5 - 6 cars. Arranged as per submitted Sketch #3, the vacant lots could take 15 cars. Although this is not a standard solution, Staff believes it can satisfy the Church parking needs if implemented in an organized manner. 7. Sketch #4 is an alternate parking solution that the Planning Board may want to consider. The Zoning Ordinance Standards have been incorporated and 11 spaces are provided. 8. In both alternatives, two additional parking spaces, now avail- able, at the existing Church have to be counted. In Alternative #2, (Sketch #4,'10'rear setback) parking in the rear yard setback is permitted for five additional vehicles. Alternatives 1. For rear setback, the Planning Board can choose any dimension from 16.23' to 01. The Applicant has 16.23' now and is requesting 0'. Staff proposes 1010" rear setback to allow more parking spaces and more open space at 64th Terrace. If the lot setback is chosen, the degree of non - conforming area would be increased from 44.5% (1780 sq. ft. ) to 50.7% (2029.6 sq. ft.) . 2. For parking, two alternatives are presented. Sketch #3, proposed by the Applicant, with 15 spaces at Mr. Lee Perry's property plus two spaces at the Church site. Sketch #4 is a proposal by Staff with 11 spaces at Mr. Perry's property plus seven spaces at the Church site. Staff believes that 10' rear setback and parking solution as per Sketch #4, comply with the criteria established to satisfy this request. Recommendation 1. To grant a variance to allow the degree of non- conformity by reducing the rear setback from 16.23' to 10'0" where 2310" is required. 2. To grant a required. be adopted either own as long as DL /am variance to allow 1 Parking solution as by Applicant. This or lease lots 3 and the Church operates B parking spaces where 33 are per Sketch #4, attached, must implies that Faith Tabernacle will 4 block 1, Pines Subdivision for at its present site. -_•may:' �, �r �+ r ., ,y .. = T '� ?��gi��+,i�' -�. r � sv"titk�„�'�«e�`�� - ''• - a �''�X�`3 �•.��'�-G -tom r 1 t a1 �.f]�- ..5•Y7�.b_. ?,' } � •f a 5. _ + - - a.M' � �: y < _ - -� .Fy ..ot? s� t. ..0 •;�. -E' :.�-.' t•w . �'67ar ':�.i * ' ON t °E},. .^�•• t .� � •+'c?..+�: "''r� -.:.t '�.. y � i^�.5"" ' r Y" d ri + i - , -:a• ZONING REVIEW SHEET Project Addrt ►on to Chvrch Owner k%% +n TA�OernaLle Designer f-►'at►a►S F I ct a1 (j2r _ District R S- Use permitted Yes < Special Use Existing nonconforming use es No Date At-J 6U ST 19.3-7 Address ,4141 SbJ 6e++ -} . C, Teleph, nee G 6 • 5 (P 40 Tclepliy "c - ?-3a>- 1(0 (r4- Lot of Lecoru yES Yes No Accessory Use Yes C No Allo;aed /Required Proposed sign lot area 6 000 =• k; - fro type proposed lot frontage 50' C;n.► AA front setback side setback side corner rear setback FAR building height lot coverage density land average landscaping (%I parking total standard compact handicap 25' 3.a15► CYA��aN�E) ID1 - '1 In 1 S. BA, - 2.11 allowed (M o/4 - LGA""MINL) size 25 16, 73' (^,p i3;o- -�iF•) All owed Yes No Yes No 2� ► 201 Comments 307. i 1boo LO 61,4•1._ x(2) AA �7 G 2 11 q 2 Comments (1) samir1(p r-A PP, Gtty of_ GO F0.0FLr- i 1 FMZ4gN& s.phc, fFra I;h(,Ai (2) tiA'I co WT Co Y BRA G6 16 A4. C; C 1.1-s& 5 F•) . A ON -Govt GOW 6, I r! 9t%fP iZ A/4 1) Wr 6ov5,12A hr Revised by W M-Z ' .. •�. l ' • • T %'a# t �' F4` It 41 ' - .. �"'�e_tY ..' -t . - � `:,rg�/ 'tea ��-�� r •y~ • cr �. art - . } V A a 3 3 L A t� 2 p to A D L� R t1 C 13 �` y 9 c►� J n:�;= _ F �� ,, .F �» ORDINANCE NO. 13 -85 -1229 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A VARIANCE TO FAITH TABERNACLE TO ALLOW AN ENTRY PORTICO WITH A 3.95 FOOT FRONT SETBACK WHERE A 25 FOOT FRONT SETBACK IS NORMALLY REQUIRED AS TO CERTAIN DESCRIBED PROPERTY LEGALLY DESCRIBED AS: LOTS 7 AND 8, BLOCK 1, PINES SUBDIVISION, PLAT BOOK 13, PAGE 2 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ALSO KNOWN AS 6141 SOUTHWEST 64TH STREET, SOUTH MIAMI, FLORIDA. WHEREAS, the Planning Board of the City of South Miami has recommended approval of the variance herein requested, and; WHEREAS, Staff of the City of South Miami has recommended approval of the variance herein requested; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there is hereby granted a variance to Faith Tabernacle to all an entry portico with a 3.95' front setback where a 25' front setback is normally required as to certain described property located at 6141 S.W. 64th Street, South Miami, Florida, and legally described as: Lots 7 and 8, Block 1, PINES SUBDIVISION, as recorded in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida. PASSED AND ADOPTED this 7th day of May 1985. ATTE CIT LE K READ AND APPROVED AS TO FORM: i 1 ij APPROVED: City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, September 29, 1987 at 7:30 P.M. at the City Commission nambers, the Planning Board of the City of South Miami will conduct the following Public Hearings: PB -87 -019. Applicant: Faith Tabernacle First Born Church of the Living God, Inc. Request #1: A variance to allow an increase in the degree of non- conformity by reducing the rear setback from 16.23 ft. to 0 ft. where 25 ft:,is normally required. Request #2: A variance to allow 15 parking spaces where 33 is normally required. Location: 6141 S.W. 64 Street Legal Description: Lots 7 and 8 of Block 1 of Pines Subdivision PB 13/2 vu_Q1_n1)I AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ALL SECTIONS OF CHAPTER XX OF THE CODE OF ORDINANCES OF THE CITY BY ELIMINATING ALL ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION FROM THE SCHEDULES OF USES PERMITTED; ESTABLISHING A NON- CONFORMING USE FOR EXISTING LICENSED - ESTABLISHMENTS: ESTABLISHING STANDARDS FOR SPECIAL USE PERMITS TO BE ISSUED FOR ANY FUTURE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY, PROVIDING ALL ORDINANCES IN CONFLICT HEREWITH BE REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. E YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 15 TO BE BASED. (F. S. 286. 0105) PUBLIC HEARING WILL BE IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED* THE BOARD IS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATE. INTERESTED PARTIES REOUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING 887 -5"1 OR BY WRITING.` REFER TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD P88100-782 REV. 12 -9-01 THIS IS A COURTESY NOTICE v CITY OF SOUTH MIAMI 4PPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE) rHIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE TONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING. .PPLICANT !� 1AS (OWNER, EN NT, AGENT, ETC. SPECIFY) I C,.�L /_3Cn co "ODRESS OF APPLICANT CITE TATE ZIP PHONE 1 u ✓" n e e- ) ` (7 V )WNER e- en OAT OfNERSHIP OF PROPERTY OBTAINED 37 a38 Pal vy-t t _ ♦DORESS OF OW ER CITY TATE ZIP PHONE 4k. q e ,S PROPERTY OPTION OR CONTRACT FOR PURCHASE? RTGAGEE IS NAME AND A '.ESS YES I-- NO iF APPLICANT 14 NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? _EGAL DESCRIPTION OF OT (S) LcJ P��I ;UBDIVISION /L]� AETES AND BOUNDS I ZE OF,AREA YES NO NAMES AND OFFICIAL WIDTHS OF ABUTTING P/W15 110DITIONAL DEDICAT/'bNS PROPOSED STRUCTURES LOCATED ON PROPERTY APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING: CHANGE OF ZONING EXCEPTION VARIANCE 'RESENT ZONE CLASSIFICATION :XPLANATION OF ABOVE AMEND SECTION OF CODE CHANGE OF ZONING REQUESTED jam. OTHER (SPECIFY) HE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE ART OF APPLICATION.) CERTIFIED SURVEY SITE PLAN PHOTOGRAPHS STATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER 'HE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INIrORYATION AND ALL SUPPORTING IATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNO�O""LEDGE AND,�LIEF. 'OR OFFICE USE ONLY )ATE OF HEARING - sstoo -st wsv. HEARING NO. DATE FILED ©v I� r 4, :r -1`. l J _ `�yJ\ 1 - 5iz�� t 1 1, 1, PI T� i r `� . -- A3 �s ♦1 A ��P ,M t�`y 4' . _ [may:_ q.+'lif . . r•� P3 x � w ti 2'1� -mss � '•, " �y�F � r '1� �y ?ter �rC<Y7r./_r'f,;' { � j.+�, �p,.•['fi .:Ti� � ' "r _s'.• s.. - r :_ :�%d�Ltk.�4� � .�. .. , . : . .:v t ♦ r'"5, -.: c r• e fi t� �7 h'� w+J �.,, - r - POW 14 t m D n „ r �rn a i 1 1 > 1N - .. - <s _""'i �� .�.p =.. 'r` s f -♦ - _ .`� o •:i� f F:9�y? �`' ��,s' fr 5r�:�'71`' +- - t ..r_• i ;rs-! i �1ro s �'�iT}4 s�i5�>c� /(.�'�!'•'y��'�`..:, I � • F3li' fer��.Lx%�� *�aL`i' �d ♦' R+f ��xSR�ny �Y�h �e��?�." �A`�� TN �� -Yt . ix - ♦` � '7%. J '� f Nom. .r �- s>.. n:.� •{ .. O I&Ox leoll P^12 Ic I fi SPA CF,-r, 4,4 Twit � ii-TgPk fAc-f- /oxi-r GINS Sie-ti -k,- 14 3 t ec4f-q PA-9 so " . WO , .1W 2> GINS Sie-ti -k,- 14 3 t ec4f-q PA-9 so " . WO , .1W G4 5"rR�T R l5 `lgm MGt,t pm em-KI A e.�a �,� t'' •• 2p' �i:�,` �:� . .ii ,�.c. '` - Y -:h♦. f`�y. g- •*yrf��.7r"i.• a . ry,,;�:, �v's 8 '� _ '�' ' -�ti':r tx`• b• -y�, .1,�tri"��?'.,t�•t�� i`i7: -;,� y� ` ; • r 1' PMT to & SPA CA-7 S pd �' 64 Tali P Gt✓ S t� TK kN c�r c' Sd p ►, 5 5 � Z PIZV P" s 1 • S 3 NO 3 o c �• t,, s c S 1� G4 5"rR�T R l5 `lgm MGt,t pm em-KI A e.�a �,� t'' •• 2p' �i:�,` �:� . .ii ,�.c. '` - Y -:h♦. f`�y. g- •*yrf��.7r"i.• a . ry,,;�:, �v's 8 '� _ '�' ' -�ti':r tx`• b• -y�, .1,�tri"��?'.,t�•t�� i`i7: -;,� y� ` ; • r PLANNING BOARD SUGGESTED MINIMUM CRITERIA TO ANALYZE REQUESTS. Planning Board should reject a request if: 1. There are no appropriate provisions for vehicular /unloading and parking vehicular /pedestrian circulation. 2. The bulk, location and height of proposed buildings will be detrimental to other private /public developments. 3. The landscaping (tree ordinance, vehicular use area landscaping) does not provide adequate protection to neighboring properties. 4. There are soil and drainage problems unsolved. 5. The exterior lighting is unsafe for motorists, occupants or users. 6. The proposal will damage the value or will diminish the usability of adjacent properties. 7. The Applicant (when requesting zoning amendments) failed to provide reasonable evidence of financial capability to complete the development as planned. 8. The Department of Public Works criteria and standards for sewer, water and streets are not met. 9. There are fire safety hazards or inadequate access for emergency vehicles. The Fire Department criteria are not meta 10. There is a big change between a preliminary and final appoval, such that the process has to be reinitiated. 11. A hardship is not demonstrated when applying for a variance. /am .. - ! ♦' y �: +�=s 1!'4s 'rf+� ,e%' i:o jyY �,e�1}'„R� +' t't`'�t•'�, _. . - �3'ia s'1i."1�`�'�ast``" '` s`••y'`r" -?4 -aft Tk�°�►is . -�` s � � ��.2 -R.i - - �. t - ! k -s • s.• ,, .�.t" §"-��. ai6' r"� � f ',.� .s �.�r_r°rc� ^t,�� - _ � - � � �• is r' �"/' :�' r H., f• ^S�, r . ! li MINUTES Regular Meeting of the Planning Board Held, pursuant to due notice in City Commission Chambers Tuesday, September 29, -1987 7:30 P.M. Presiding: Richard Prentiss, Chairman Secretary: Ann Morse A. The meeting was called to order at 7:30 p.m. and was followed by the Pledge of Allegiance to the flag of the United States of America. B. Present (constituting a quorum) Absent John Andrews Susan Kraich Thomas Cooper Bruce Hoffmann Larry Ligammare Robert Myers Richard Prentiss Also in attendance were: John Dellagloria, City Attorney; Marien Aran - Spinrad, Director, Building, Zoning & Community Development; Danilo Lopez, Planner C. Public Hearing PB -87 -019. Applicant: Faith Tabernacle First Born Church of the Living God, Inc. Request #1:- A Variance to allow an increase in the degree of non- conformity by reducing the rear setback from 16.23' to 0' where 25' is normally required. Request #2: A Variance to allow 15 parking spaces where 33 is normally required. Location: 6141 S.W. 64 Street Legal Description: Lots 7 and 8 of Block 1 of Pines Subdivision PB 13/2. Ms. Aran - Spinrad addressed the Board and made some minor changes to the Staff Report which had been presented to the Board for their review. Chairman Prentiss opened the Public Hearing and asked if anyone cared to speak on this item. � L i �°' t�jy�••iJ,��.4�,�� -�a'''} � �� . m�' 7��i�ad..�`K.�'� 4��,'�� '.` 'Lz� i-�r rSV,+ � _ �k' t � � - -xM`�°�ytS i �.}"� � -t4{� 3av°:.•�- 7•��r+ �r � ix��' .t - y � �" pr , - .. - _. r - .r• y47 ' .. a^�yi�,�. �n�'* � i S � r" y fsr � •. � � i ats it ��.�v..`s t. ,wr r •,�. -. Minutes Planning Board Meeting -2- September 29, 1987 The Reverend Lee H. Jones signed in and addressed the Board. Reverend Jones stated that as per his letter to the Planning Board and City Commission dated September 7, 1987, he was requesting the Variance for the purpose of Luther growth and for the benefit of the District Official Meetings so that the Church could bring the delegates to this area. The addition would help the Church to accommodate the delegates. Reverend Jones's son, L.C. Jones, signed in and addressed the Board. Mr. Jones stated that there was no land available for the Church to buy near the Church;that it was necessary for the Church's growth and development to expand the Church, and it was less expensive to add to the existing building rather than uproot and find a new location. Also. since the Church had been in this location for 50 years: the congregation would like it to stay on the existing site. Chairman Prentiss closed the Public Hearing and asked Staff for their recommendation.' Staff recommendations were to change the Applicant's request to a ten foot setback which would allow the 25 extra seats in the church, and Staff also recommended that the parking be Chang- ed to 18 parking spaces as opposed to 15 spaces that the Applicant was requesting. Chairman Prentiss asked if Staff had discussed this change with the Applicant. Staff replied that Staff's recommendation had been discussed with the Applicant,and the Applicant had agreed to the comprnise Staff had recommended. There was a general discussion on the parking facilities for the Church, availability of " Mr. Perry had made available to_the.Church for parking. There was also a discussion on the setback, amount of seating, right - of -way and the narrowness of S.W. 63 rd Terrace. Mr. Hoffmann asked the Applicant if the Church had attempted to purchase Mr. Perry's property as Mr. Perry's letter stated that if his property is offered for sale that Faith Tabernacle would be offered the first opportunity to purchase same. Reverend Jones replied yes, but that, at this time, Mr. Perry was not ready to sell. Mr. Hoffmann asked the Applicant what the current membership of the Church is. The Applicant stated that their current member- ship •is• approximately 60. .'e ='t -r :v- a ►,Sz; Y �.'. %l - *,�,. t. i- `s�'.'a"'�'�,.r+'r'��'C'`a''�p ?!44 E°° 4:4 t.r,fati 5�.. .i. : ��[ 3� y,'f st.. 1 .- . Y�� :LS"yr r- ;� ..a"•3_f. ♦ e _. Fri. /. • s .. - _ Minutes Planning Board Meeting -3- September 29, 1987 There was a general discussion with City Attorney Dellagloria on how the Board should address the issue of the Applicant's applying for a variance stating one item and Staff proposing an adjustment to this variance. Mr. Dellagloria said there should be no problem as the Applicant had agreed to Staff's recommendation. MOTION: Robert Myers moved for approval of the Staff's recommendations. Thomas Cooper seconded the motion. Mr. Hoffmann wanted to know why Staff was willing to overlook the maximum lot coverage when the coverage on that particular lot, was already in excess of what was allowed. Ms. Aran - Spinrad said that the Applicant was grandfathered and the Applicant already exceeds the lot coverage, that the increase in lot coverage would be from 44.5% to 50.7% a 6.2% increase; that the position of Staff is to reach a compromise to meet the needs of the Church and still maintain planning standards and maintain some adequate parking. There was a discussion of the legalities involved in order to ensure that Mr. Perry's lots would be available to the Church for parking. Mr. Dellagloria said that under the City's joint use off -site parking regulations, the City allows any establish- ment or building to have joint use parking within 500 ft.$ and there were several ways the Applicant could be required to docu- ment the Applicant's compliance with the parking required. Reverend Jones said that in the event that if,by some- -.unforeseen sircumstance,Mr. Perry's lots were not available for the Church's use for parking that he was the owner of the property across the street from the Church and he would make that property available to the Church for parking. The Applicant raised the question as to why it was necessary for the Church to submit the signatures of the people within 300 ft. for a variance. The Applicant was advised by Ms. Aran - Spinrad that the Applicant needed 20% of the neighbors within 3OO ft. of the Church to concur with the request in order for the Applicant to qualify to proceed with the variance. Mr. Hoffmann said that he had a problem with the building being so close to the street and the'fact that the Church could be seriously affected if somehow the agreement with Mr. Perry was terminated. Chairman Prentiss asked Mr. Hoffmann if he was -P=pcsing —that the motion be amended at this point. Mr. Hoffmann said chat he 3 ,{ .;M1Ya .ye —Cyr _"SrFf 'a _ ► • p' ..r F T4 { -�", -y.. ? A f F"All { w w 3 Minutes Planning Board Meeting -4- September 29, 1987 was asking City Attorney if there was a need to amend the motion. Attorney Dellagloria said he would prefer that the Board go on record with a stated condition as part of the recommendation to the Commission. Attorney Dellagloria suggested the following language: 'That these variances are conditioned upon__thA.Appiicant providing continuing documentary evidence of compliance with the joint use in off -site facilities requirements of Section 7 -1 -3 of Chapters XX of the City Zoning Code. In the event the Appli- cant does not have the ability to provide the 18 spaces, the Applicant will utilize so much of the Church structure as there is available parking. MOTION: Robert Myers moved to amend the motion to be subject to appropriate documenta- tion be provided that the Church does, in fact, have .a legal lease of lots 3 and 4 for parking for a period of not less than 5 years. The motion died for lack of a second. MOTION: Bruce Hoffmann moved to amend the motion as suggested by the City Attorney. Thomas Cooper seconded the motion. Vote: Approve: 6 Oppose: 0 Mr. Hoffmann said that he had a problem with the over- use of the property, the proximity to the street and the general effect that this variance will have on the overall, -, and he does not see the hardship for the expansion that is being requested. Mr. Prentiss stated that he did not see in the Staff Report where a hardship did exist. A discussion ensured on what constituted a hardship and whether or not there was a hardship involved for this Applicant. Chairman Prentiss called for a vote on the amended motion. Vote: Approve 4 -- John Andrews Thomas Cooper Larry Ligammare Robert Myers Oppose: ,2- Bruce Hoffmann Richard Prentiss ®rgy.� Vii, Y i ,r .-` j• n, +_Y' J Y-` �. J7 _. -.VI• +� -'`-'i • -rR y i . - _ -tif t ti.. �. -r�' -r - +°a'r * t3ir S s'a.� �-t"`��f•'v'v)i• j _ _ ��•+�,'-ti. P�Sr ��}'•t'X.v Y stint+ YrJ 5� _v .,s'i•C • 5• s •(•�S's0,,,+•rw... t;- ;� r[+ 'ti. ..Z{,"i -k-. vu� ,. ^'Y. Y a� •,�,� c . e ,psi. _ - - - *;T.'Ssr� +.^�. r .: F�G{,$.g,.�F � ti y r j- t� t.t {�'J�'L • � - < • . T +c'?.Y..!•; s�4iy r z . r'�` �' '4 � <. � � sc ! .. - �. � "fit i�. �`'x'g .ice" �A..Y . _ r y � '?- c., .1 s. 1,r r r "'" '< a 'sT . -_ c t,.T;'t~`r' S. *'�' s,} t _ E' .s • ti - - z .,rn -=+ *r� "�*, +c�A - �E �-r *� -a .? �.,- spa ',!".�.•r,,,,rza a s . . •ncX - _ .4v 4L- h• A 006"1 • t S 16 ZA CO • ! r ••• e1 7r T! M 't o row v OZ • .• uppp o ar'Q�c r •i e r �1 D ,gyp. { Ow R %a+v :fir 11, . tf t �► s`rr 0.4 •1 r' 1tTY1L ZtermO� "xr M C> OCa..bit Z Q. � -7- Oto Kh X *-do M•tn214 OO '• r h w •+ A �••� r s• r O• 0.1 to -- n0 00 o •1 It r`CMA t . a • M r O ae Q. 0. ,1 is -i �{' ►� 1120. 1 oZ < M w< A - .00 i :tA ++ ` /�••toYto0 •10 r " -C r 00 i we tt7 VA rrry • < 4i1O,A c 07n A A OD• r r+•tr Q • .w a r u re y r s w -s a o (� srN >a a•> w rr 64 .t ., +�•�1i• CY tf7eoy 3Aa Ufa + 00' ».i�•.a p � Krrsne i�'D trr .A� O. a1..VZA • O [" G rO n A --Co. B OA aO r� b .. OWN ri'L ryin Ow > "love o• •1 cAarw cr •./.• ro - o as �: v n/0'r she! J 111 n.4 0 '0 Awx T VK Oi• • M 0 0:00 • - --- ! S M i r A 'ft '! O rt A +1 G! e� w✓ +. ma s..YX O. to •19w 0 rAC7 HA O.O •1 .17e OaO r v}7 SAC. a��!°w •i QO •o 6O V A V` b s, 3 Z'O r _} I r0 � ao•oc � '� `rll �1p> it r enoo r. o- r� e e r c• o A! O oa Z p - � �-- p - dN. t 0.11! �. V VM7'1O • ••A d tl . .;.. rCH A r - - rNMA•i 4 4r l lOA - -- e. r rO'r r1-t r rr O O2" J J, i i •1 •1 A A t• O V V q q:1 1p o ! ! w r + ++ 1 1 a r+ � �1 l li `• V M � . .a•°4aw•f V MA> Z'O r _} I r0 � ao•oc � '� `rll �1p> it IN RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A FREESTANDING SIGN VARIANCE IN A CO (COMMERCIAL OFFICE) DISTRICT WHERE SUCH SIGNS ARE NOT PERMITTED, SAID SIGN BEING 6'82" BY 4'52" PURSUANT TO PLANS DATED AUGUST 17TH, 1987, SKETCH NUMBER 87585, ON PROPERTY LEGALLY DESCRIBED AS: LOTS 12, 13, 14 AND THE WEST 25' OF LOT 15, OF THE REVISED PLAT OF POINCIANA PARK AS RECORDED IN PLAT BOOK 41 AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K /A 6180 SUNSET DRIVE, SOUTH MIAMI, FLORIDA. PLANNING BOARD AGENDA ITEM #PB- 87 - 010 WHEREAS, Exxon Co, U.S.A., has requested a variance for a free - standing sign in a CO (Commercial Office) District where such signs are not permitted; and WHEREAS, on June 9th, 1987, the Planning Board of the City of South Miami recommended approval of the variance request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the freestanding sign variance in a CO Commercial Office) District, where such signs are not permitted, said sign being 6182" by 4'52" pursuant to plans dated August 17th, 1987, sketch #87585, for property legally described as: Lots 12, 13, 14 and the West 25' of Lot 15, of the REVISED PLAT OF POINCIANA PARK SUBDIVISION, as recorded in Plat Book 41 at Page 41 of the Public Records of Dade County, Florida, be and the same is hereby granted. ATTEST: CITY CLERK PASSED AND ADOPTED this READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 1988. APPROVED: MAYOR PLANNING B© NOT�GE�OF PUBLIC, 14CARING j HG�RI'�G: i'P. -87 -010 A- ?',.1CANT: Cve -, Lo^-F.Iny, C.S. -.. %,ariance to Ali,--: V,;inc sizn in a District it is not J11Cwid. LEGAL D= S:.R1FT1O'�: Lots 12, 13, 14 anc the ,; - - st '- -, ft, of Lot 15 of -1�e Revised Plat of Poinei ;Its Park, Plat Book 41 at P-,ge 41 of the Public Records of Dade County, Florida. l,OCATION: 6180 S- W• 72 Street, Suuth Mia ^li, Florida 33143. 'tide 'T. 02 $ �_ tJ t s :•� - .'� C i t1 ],v/ .. YOU ARE HEREiY ADVISED THAT it AMY PERSON DC511+r.- 10 At',`t At At,Y I,+,ttrlo" ,.tlUt hilH MCjhr(:7 TO ANY MATTER C0t4e110ER[0 AT THIS MELTING OR •.EARL.., .,•• H rV."k—N NILl. tr,_,•t' A Prt0 +471 OV rNi: rROCCEOtNG3, A)4o root SUCH PURPosc MAY NEEU ill FM ..+p,: I -/A1 Vr t /1:Ar1 :a RrropU rp r.., pp C,_ CKEDINGS IS MADE, WHICH RECORO INCLUOCS THt: WON •VI,l(*. T„I• APPEAL to vp at SASEO. tr. S. :1l. otos) •Vit -IC HCARIHO WILL •E HtLO IN TH9 COMMISSION CHAM141 u� At •tt1 , I I-, t+A, t, •1f. :.,r t t t�..•Vt r �p,eTH MIAIA 14 FLORIDA, AT THIL TIME AND DATE STATED APCVr. ALL INTRRESTED PAXTIES AMC VRQEO TO ATTEND- OSIECTI.�N*l Ol+ I rr+t:�ttf/t•: fX 1kPVk0VA- MA! RL MAKE IK PERSON AT THC HEARING OtR YILEO IN WRITING PRIOR TO OR Al Tait. /It,AktNt., l•tr, AwAstll RrSLAVI N THC RIGHT TO RECOMMEHO TO THC CITY ColAMISSION WHATEVC/t rHr t,trA41.1 (IN .list ft., IN Tilt. 11/' %t Ik IPN1.]tl itlR 9-MC ARCA INVOLVED, THC 80ARO�0 RECOMMENOATION ON THIS AAA111 Ft WIL.t no ILI Al,p ne fit, City I •,µM1Sg1111. AT A PIVTVRR DATI<. IHT[RESYg0 PARTIES AEBUESTING IHI••O4(MAil1.a4 ARI A:AK17.1) 10 1uw1AtT 1ME tlt'i'1t•L c itw. IONINO DIRECTOR BY CALLING 11417 -501 OR aY WAIT1146. REFER TO HEARING NUMBER W14EN MAKING .�,.,••'s"i3': •'F?�llfi� i!'3Jy�!p�179��'.,fM► \�aa�� PLANNING BoARO r:/alaa -f as RCV. It -!••• s THIS IS A COURMSY NOTICE _ ••�+..>r..¢x.:•.x ... �:r�;�,7+17ir�„rt�S ,..:-•"'.',. •e ��t;�" ' roperty Description, Location and Legal : Said property is an Exxon Company, U.S.A. .,ice station lccated at 6180 SW 72nd Street, City of South Miami, Florida. Legal ripti,n is a:taz�lea. -i.•;uest: The A-ners of the above property have madE the following re- guest: N-ners request a variance be granted at the a:�ve mentioned site for the installation a 5- high by 8' vide internally illuminated Exxon identification sign. The existing -vice station is presently without an identification sign and is at a severe advantage versus its competition. 'et i t i on; We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. � I E 12 D; ADDRESS - � _- r _ -3i �continutd on.p�►go Zi A :Qt 1 5 t - r Q v +�1" .may' •r +'�• iJ�._ :'..Y��'� -�K'i Wit; � '•7. �• . • � ,�•. � � f �. � .,J•� �..�5 •:t<<t �t,•:� ;. - � � .: r • • •1 IG •� • • •• •w • Y••y • ��a� Y @- • �_ ol • .. • •f •i •' • � r • � Mrs • d • •� •�I� �`• • 1 / ^ � F• . • Y• • •• ••• •• .• .!! ••• • tl • • • * •1• 'i AL.. t: ••�. y • L.• • !,may„•,, M fit' .f7 • •• •.�•• � .•. ♦ .�''K t• r•sc+� J t �t ' t N � J f TA TL • r _ f- - ,. T, �' � •� � • �'••,��•�'.. " : �' •tit' •,y,y . •�•. •1 • ti • • • ,1 • . f �" • '^ +r w • Q ^:-e,: _. an C,_ r ..- ""_-.ra_ e' =c:scn Basic Data CittlofSoudiMiami INTER - OFFICE VEI,,ORANOUM :•-c �, 1987 s_e.e:T Eta:. Re:ort 'n P.,`_ic -caring -8i -010 Applicant: Exxon Co., USA Location: 6180 S. W. 72 Street, South Miami, Florida Legal Description: Lots 12, 13, 14 and the west 25 feet of lot 15 of the revised plat of Poinciana Park, Plat Book 41, page 41 of the Public Records of Dade County, Florida. Request: Variance to permit a free standing sign in a district where it is not allowed. BacKEround 1) In April, 1984 Exxon Co., USA applied for but was denied a variance for this service ,tation that would allow a low profile, twenty -five (zS) square foot "EXXON" identification sign in a district where no detached signs are permitted. Staff .econ-nended approval based upon the special signage needs of service stations, and the relationship that a low profile sign would have With the character of Sunset Drive which was identified as being slower and lower in scale than US -1. At the Planning Board Meeting of March 27, 1984 Mr. Jack Williams, representing Exxon Co., USA stated that the applicant proposed to remove an existing forty (40) square foot pole sign. This proposition conforms with the intent of South Miami Zoning Ordinance 9 -2: NONCONFORMING SIGNS Where a sign does not comply with the provision of these Regulations, such sign and supporting structures, other than a building, shall be removed not later than seven (7) years from July 27, 1976. No permits for additional signs r1 • • �. J .L ef. •. s.mr + .. 7 7F _ ��.�:`..... �' .1._ .- ...�....a...."_ -<.... �,_..,. �. am ,.,.+�ti:�...m>7ycr� ±.'lx. -yaca� 3F• '.� - - � _ - .3d4 y� €..FZ. t i'v+.'n�." .fit- L' � •.: i 5 ",i r;-.•n Ar.i:•- S7inrad - 2 - lure S, 196 shall be issue for any business on which there are any nonCOnfo—ing signs solely ser ;i,;g said business, except saspring centers containing seven (i) or more acres, fcr if.= ..CC S:? :lc -. i.- _ -'d':e _ e:s: _ signs a -e pe itLed. =.e sins a'vert:se gasoline .e.. Staff u ' -.. t`.. ^:a =rice r -ices on their __..-.e pimps. t;,e So,__- ": -.. C:c; Co=.Jission `feetinc o: ^e 11, 1555 Mr. ganon Perez-, station =3nacer /les%e , s:3<<: that the service sta:ion's sign, had bee-. renoved. 3) -:il ;, i9;;" the Enviro-.-e':al and Preservation Board gave its approval of t'nea:sthetics of the proposed sign. Analysis 1) This service station is located in the C -0 district, the purpose of which is to "permit uses which will accommodate professional and business office space needs in a relatively intensive centrally located manner" (sec 5- 11 -1). Service stations are not permitted as a regular or Special use in this district. The service station is a nonconforming use in the C-0 zone. 2) The service station has "UCKO ;" signs currently in two places, one logo sign approxi -Mately two square feet in area and a name sign approxi_ately three square feet in area. The station is identifia5le as an Exxon, affiliate upon inspection, but no clear statior identification exists. 3) The proposed sign is a five (5) by eight (8) foot Exxon identification sign. It is of the same design as, although larger than, the sign that was proposed and rejected by the City Commission in 1984. 4) In his letter of application for this variance, Mr. Charles Steel, Field Engineer from the Exxon Co., states that this service station is "at a gross disadvantage not suffered by any other station in the City," because, "the site is nearly devoid of point of purchase identification," as a result of the C-0 district sign regulations. In the C-Q district businesses are permitted "one flat sign, not to exceed two (2) square feet in area for every ten (10) feet of linear lot frontage. Corner lots shall be permitted one additional flat sign on the wall facing the side street. - 'i,��; W X �'$- ^sue..: 5 . -S; i.irad - 3 - June 5, 198; area of said sign shall no: exceed fifty (50) percent the permitted area of the .` :_nt flat sign. Direct - ination" (sec. 6- 3- 5.02). -he service station has a -. -.:ry 1 frontaze of 175 fee.. Under .tie r= ration t'irt and a7. e. -.c -. a;` (i�._� _,pare fee. are pc,=itted. .he tr:,'_itio7a1 ser.. -e station design that sets �s o`.i :c _ar 3 E S:ree :, -.2 Sig ^S -- - -= =.e .red ;T..:2 t, -an e - (80) from t`- right -of - 5) --.is sect ion of S,: set Lrive ._-.rains a Tixt, .jre :,` zoning _.� t ,3t 1-;�e C - ('c :gornooZ Cu7__ercial C -2 -R (Dc•- -ntc�.^ Co:- encial Restricted), and _: (Tedium 'lulti- Family Residential). This nixed zoning is reflected in the variety of uses in the area. The majority of buildings are low -rise offices, with the new, story Advance Tower Building and South Miami Hospital Surgery Center located in the next block. Other buildings in the area have uses such as apartments, convenience store, banks, South Miami City Hall and Public Library and a competing service station located diagonally across Sunset Drive from the subject property. This competing service station is located in the C -1 zone and is advertised by a free standing pole sign with'Cevron logo approximately sixteen (16) square feet in area. This type and size sign is permitted by the C -1 district sign regulations (sec. 6 -3 -6.02) in which it is in. 6) 7ne front and side set backs required by the South Miami Zoning Ordinances in the C -0 zone are t:enty (20) fe t (sec. 5- 11- 5.01). The proposed sign is fifteen feet from the Applicant's front property line and twelve feet from the side property line. 7) South Miami Zoning Ordinance 801: Vision When an accessway intersects a public right- of-way or when property abuts the intersection of two or more public rights of way, all landscapting (fences, walls, gate ways, orna- mental structures and other fixtures) within the triangular areas described below shall provide unobstructed cross - visability at a level between three (3) feet and six (6) feet, provided however, trees and palms having limbs and foliage trimmed in such a manner that no limbs or foliage ,'ms^s fx: i em Ar,i- .- Spinrad - - June 5, 1987 _X e ^v into the cross- visibiii area shall be allowed, the: are se located s_ as not to create a tr.a - . arras r,=:_.rc._ . a.ea c e r t v sides of an -.E 4n:ersec._... of eac'- side cue access - :av and public righ-, of va! line with twc sides of ea ,::n triangle being ter. (i2) feet in leng th from t'-e point of intersectio and the third side being cc-- .-ecting t'-,e of the ot�.er 1.:c S: !es, t. t *-,e area of property located at a corner formed by the intersection of two or more public rights -of -way with two sides of the triangular area being twenty (20) feet in length along the abutting public right -of -way dines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. The proposed sign is outside of the visibility triangle and not in violation of this Ordinance. Fecoa- .endat ion This request for variance states that the Applicant's service station is suffering a hardship be,ause regulations of the C -0 district prevent the Applicant frog erecting adequate signoge. This hardship is the result of the removal of the station: pole sign in compliance with Ordinance 9 -2. This hardship is not self - imposed. Zoning Ordinance 12 -2 -4 states that "variances shall be granted only for the reasons of demonstrable and exceptional hardship as distinguished from reasons of convenience, profit, or caprice." The Applicant's service station is a for - profit business and the stated purpose of the proposed sign is to increase the identifi- cation of the station by customers. This variance is sought for reasons of profit and cannot be recommended for approval over the restriction of sec. 12 -2 -4. In addition, the proposed sign falls outside the required setback lines established for the C-0 zone. Staff recommends denial of this variance request. rtr w. f Minutes of the ERPS A;•ril 7, 19.ii this location uot.tl J ).t tand located Jirettly 11,r•,, 1,. ,,t,l 1 letters. Other ten.,nt�, r.,_..i letters t. ith w!+ite pin.t ,. - t cast than white let tors .)n r 1 11 i ., e n 8-.e ^dMent to stnte for 01.., ! t i - d 1�e permitted and no �thn l J fcr consis:en.y. Z•iscussion on C. ,ar:d, placing the sis ^. it =: r_ c"rner, and .upr lv p;,, t.4- ; t Vote: Y---,er: f. EB -87 -039. Preliminary approval illunir,oted sign. Applicant: Exxon Co., (!,,A Address: 6180 S. l:. 7' , Represented by: Chri> ' ;he Chairt-in reat� i n ^tv�..' 1 "To Vhcm it May Conct:•rn: ;i:, n for for=al rejection. The s• ► — ;.+ i• ':. v..r t - - jection is incurre•i." The Applicant explained tl..:: in 1 ••; , and the City Co- unission to :1.'2' -,.' tlti� allowed in this zrning. The ,•pplit.r'i + +t,: •eject on by the Planning Board to coc,,• . • s . • t t.•rt t : : t " . I : I t ; . Tt,t lv,t v -)a, a 1 i r t 1 e misleading. This sign is b.,sicallr (lit—:t,.' .:i.:c ti,-! ta't�f b;:e a favorable recommendation en hclort !..-!t 1i ;w.h tlu• vnri. --in , xtit.'.n failed. The 30' setback vis JJan:::.,i .:,.! 'it. I..wttion of r, conjunction with the control hot.. Atpt +•';tut a': c: t,tly iunutt:Litte :,pproval of the design. MOTION: Jan fit+r!,st it, fi.+ I ; it.11 t ,: lit ;• ;rr1 I ,)rnv the ae:;tlt, t!.•; t) I It .: i• +, ha ; +:t! t,n the ata- lion Wilts cla t .. •t ittrt 111 :11 this ,;fy;a vr-sld be rt•, -,iic •tl t.t, t t t v. , :tit +a•it .,iit :+ .., , u:r.; +l Y w101 �i:..t'�f lit 1 r t.:u ,:�• L.tl +i'It::•t 11'.': t,l t:t_ t.,)t;e. Y r � t 1 ;.EuAL DESCRIFTION OF U)VEL ED B1' APPLICATION s 13, 14, and the test feet of Lot 15, of "REVISED PLAT OF tc t-. ; J' these_. , a- :ec'rded °_e :'.z more TjrLlcuiari`. . a. e of a cirC_.= r CU ^:e zJ S:..',raE en_ fi'r its elements a radi..z Cf 2: fee: a ;tf7.tra] an_Ie C: tic r.n ';,: ast the ar. __i C'- dl�ta .Ce C): _ .03 feet tc. a p: .'. t in en_ ; t`cnce fun N,9 the ': rtL 117E f 1C :,,- :5 _, 1:, Imo, i'nd 15 for a dis :aace 150.36 feet t.o a point; t.-.enCe run S.0(j 33'00 "t. for a distance of 118.94 feet to a point; thence run S.90 °00'00 "W. along the South line of said Lots 12, 13, 14, and 15 for a distance of 175.12 feet to the point point of Beginning. Saie Trac; o; 13nd Iving and being situated in the City of South Miami, Dade County, Florida. 1 ._ u. � _. +••%:P•f a..q/R .•3,'E.e_ .�. Ya'#^'t}.a..-r.K*.sPh'4f.��.. _«i3p:. { R P%4t-%TIC4% MviT St COMP1.9190 AND AtIVAkt O! w1104 AL-I AtuwaLL t►•n'1'pN tl"t. LIA1A 1.1 Ihl 110!'1+ 1 ttf I.. O"tiTCMR •tPORt PAOCCt01NGi MAY St STA0140 POA P +o�11t " ►ANI•/b �� AL 1v�TN1 M t. NAti! A Y� tL t'twn A. Perez i.t'�•t_':. if f rtt�rrt �' 1, Of APPL/CAN} CI alC JrP ►..,,.. —� ,F0 IS 72nd St. S0Uth `ttaTi - — !i. � 331413 665 -SS95 [-Alt tr .�..,( RS-.. ► 04 it Ur'I R t C. e Of 0 v C,Tr S7AI J,w �AC'NI •twtT OP7tGp. 0+t CO•aTAACT FOR PWAC..A TGA000'S NA-C ANp AC CSS y a k0 `'t A:, C.'l: t c .,,C ALT IS /'.O� Cv�N1, It, IS LITTtw O► At., T..pr,TT /wp.r Cwr.Cw A•`aC •C.0` vCf tic, L L E5CRiPTtON OE PROPERTY COVERED BY APPLtCA71O'4 •,0,, I'Pev'Sed P'a_ or P-ir,cia °.a Par;:" "See AttacheJ descriptinu" L A..o •o,,Nos O• AREA COvLato ST APPktCATION �NAMt! A10 O « -'.-A� w,gl..y Of AUvtTrrG Tw'S — C'. 475 acres Amt .tlml it:.11 t�• rO+t +L OtOICAT10++f ►ROPpS[D STw,rCl..cts ih�atfy;o,. awOvFwTr -� -- .:ot Applicable �i StUrV CRS_ Servic, Scatien. �1CATION TO THE PLANNING BOARD FOR ACTION, ON THE FOLLOWING., C"AwC.t Of ZOSING CrCtPi -Ow r Tri r.,•t, �• VARIAN C A M I •.0 -, Ct tla,.. •,I I VIt, SC-9 CLASyiPICA1tON C;A0 VI (I! /r.r.rw�, kl Vvl stly _�_ ~�_ "• CO Commercial 10ffIce AJ%^T$OK OF A►OV[ — 'he variance applied for by this instrument is the installation of a S' tail-by 81 v;�e tnternally illuminated Exxon identification pole sign. This location is presently without 3n identification sign and is at a severe disadvantage versus its competition rot-LOWIM4 5VPPOR11kG DATA RCCvIRCO tS SUOMITTCO W-114 T "I)+ API'( I4LAT10k. (ATTACH[(( MEkI.10 ANo MA(., OF APPLICATION.) X CCATIPICD FvPt VEy � X i•Tt PLAk X STATC►tCNT Or REASONS OR COkOITIONS JVSTtrrtkG CkANGC RCOvCSTCO PROPOSCO PLOON PLAN X "CARING rt L (CAlto UN CHCCn+ Y I'►•OTpt;wAe.- GT..CII uk0CnStG•4C0 HAS READ THIS COMPLETCO AI'PL ICAI)ON ANU Mt 1.1+111 e11! Tt.l INrOII#AATICM AND All %u1 +Pq►111♦ a rwastIOONE0 IS TFIVC AND CORRECT TO RtiT P l/IS KNOw&rnGsrA 4 •CLICP. Se 4 S .i• •., ti • y+• ..T' .i as ..-- -- �. 1 /CAA1 .f!•t. 1 • ...• %•.1.i<.t .r4i. tti. � .�.""" . t b1J �vJ�l }jam• 2 OFFICE USE ON�.Y'rA � J•'�� i ' ',! � ,. :�.�� .� � � -. �.. ��'- rE OFr HEARING HEARING NO. • - •- Of 111 V. I-11-h A DATE FILED JI• . .S - .. . 1 . 1 .. 7 r w. /v J � � _. � `. "":'#e'er- ,a+• f� yrr<. 5 HEARiNS OS4 -cs EXx�Dn Corporation Service Stations .E vrry .rartiCL'3, needs. ne Zc,.inc Code recogn`Zes s t . `„�.r a „�,r;r� S_r. :� St3 ". is =r' -- '• u ` --_ two Zoniny,, diStr�,CIS �C-1 and .-S ?. ;,tk,.�� 'FD Use SOr�ir„r rf t. t`O Code . est?�Jiii�,E> this ;r ic,�, � -,eSS, t�: s;gr, G,,�, ^3n.- :,c� not c `:E cr,tiate between uses ;er-,it;Ed and spt,_ia' uses. 5igna -- for service static's shot: to a s(zoat:'Lr af. Vi St1nct part c� the 5'yn crdinance. Jnli►.E ".c ^.y C'.'r'' ser•,ice ci' rEtcil establishments, service stations rely primarily on ;r.;,jlse bu;i.,)g ar., ad,ert:sed pri ,,inq which comes under County regulations. This ty`P of purchase requires recognition of the establish ,-tent from a distance. The distance is based on the rate of the vehicular speed !rd the char3cter of th? roadway. At higher speeds, (alcng Dixie :iighway for example) a sic.;,le, clearly legible pole sign is most effective. In ac- ncwledgeP,�,nt cf the fact that Sunse`. Drive is somewhat slower and lower in scale than the highway, the appli- cant is proposing a low profile landscaped sign on the northwest corner of the property. 'he intent of t corner sign is to silos some visii- lity front, all directions. To achiev= similar results ,-ithout a detiach,ed sign, the applicant would need to ',ace additional fla• signs on three sides of the rain t_ilding. i �r �i .. • � ..:yC • • +K =� 4;i�. .mot"•,(. � • •nrY.�i"'� - 0 4r. Dick Crentiss addressed the i:j d an,i 3,ior'vd that r0 teen de- lorstrated and therefore t *� ',ar ijn . h,-u)d -,e dtniJd. in the abs-nce of fur' f Er Srea <rr_ :Upl rin. ?n rec crSe tc JeSt -;f da :'c^ '13r apG r-, c fol'.�h.. Service Sta ;ic ^c have er) :,Cr. en's a'„a',�,r5 s_ry ce : Ir d S� �� /C -1 anc .. .✓ Al �h'�. ;J .. - ," r_ !.� ♦rl (,Cry �.J•�: fir. . s ,r' ',enE55 -tre nar.. per -., and srecial uses. gr vE `cr SE r` "C S: :., ^S S i� crC d >>, , _' , •�• ; the sigr crd�r,2 ^ce. Unl Ae Service stations rely peimariIv,r.r .;u?',r r ; :yir anr ve , adrt' _� r� •c which comes under Couty reoula; io Tr i; t ; p of purchase r.: ;si re; recognition of the estabiishmvnt fi a ��V.3nce. The d i S ' a r C e iS ;• , or the rate of the vehicular sp -ee end thi. charac t(-.r of the higher speeds, (along Dixie H ;gh:rav for .,,,4r,pl,,) 3 Sinn. ?e, Clydri '£ -:`h e pOle Sign is most effectiv0 to 0.- ,1f.,!'rei!: of tho fact .'�`�_. __• Drive is somewhat slower and log,, i srivlp tear II'� highwny, cant is proposing a low prcfiIE7 Of the property. The intent of tno rorrrr sic•• is tc al lnv: _ lity from all directions. To achieve si ,; jr roSu witha,' .� c�• ;_.mac s19n,- the applicant would nerd t :� .',ac'. = 1•�itirr „�? F. ;i; _ sides of the main buildinS. D;scvssion ensued rega -dins wv 3' trF E -11,rc ;e't tc snorts ?^ rC!, existing sign ordinances. MOTION ?y Edward CcSu--!� t: 'atie fit,_. arj�lication r•er•dinc a . view of the Si.r dinlnc(•. - Seconded by Rc..ald Smi to Discussion followed wherein it was pointrd out that the appli; ant r,ar! complied with all procedures and was entitled to apply for a vturiance under the existinq siqn ordinances and have an answer within a reasenable time. Chairman Michelson declared the Motion out of order. MOTION: By Edward Coburn to approve the aot)l ication as prevented. Seconded by Rev. C.E. Standifer. VOTE ON MOTION: Yes - 7 MOTION CARRIED UNANIMOUSLY. t.t Page 2 3/27184 PB . . N 5 mitm[ s or A k[GUL A R `'If. ', ING PJANNIN'33 BOARD, CITY Of SOUTH ?O'Awl MIA PC 1. 2 "; , ; 9LI ':he -wetjrC w-'S cd1led *c of Pr ',"I(helSnn '11. 7:," F V se c C C, rc' c I Le 7 .3 ,-C s, Lee Claire t' 6ert,.Prd M,'.cheIS-r R or 3 1 C r- ', to [4 C-' PEV. C . E a r r r I r) Dia-,a k;hWer, Virecto;- of P II a r, n r) C a n,, 7ur�-),i and David Smith, P*,anrer, were AlSo pres°nt. A * * He3rjn9j 84-08 Exxon Corporation Request: Variance I-, allow lwpr'y-fivF (2S) s�u�re f-D, wrvrt no dr-t:r.h.,?d S;I,'i are Lesal 2eSCription: Rcvisc�d A,1 Lo ,, K t�;roUgh Lo! 1�. Location: 6180 Sunsel. Di i vc Cr,airinan Michelson declared the Public Hoariy:q vi-n and requeste-d 3•1y who wish to speak for or against, the tc. comp forward. Rev. C.E. Stardifer took. his seat or the Njard. Mr. Jack Williams, representinq the applicant, addressed the Board and explained that the applicant proposes to remove the existinq forty (01 I square foot pole sign as well as tte two dotached fifteen (15) square foot price signs and install a twenty-five square foot landsC8De sior., two feet high with a two foot berm ard landscaping Pround the full sign area. At Chairman Michelson's request Mr. Williams prv--i,nted th(, plans to the , 18 % Board. Mr. Williams stated he understOod that no d-tached signs were allowed in this zoning disctrict, but felt that !,xxon nc(ded this siqnage and the low profile landscape sign proposed would bn a good copipromicp. rA 0 t 17M •22 (COt:'T): Ma)cr Porter advised the t .- re-,'•r,'• w1u1 d ta•F ': d.': affl,:r,ative vote of tie ronlr.issinrl ;', ;,,►. )„- t,ni, '+fur n.eintI,I-, Ur?Cnn• 1-e may defer to the next reg"lar %rl Iin r,r•_Liny is h► irh time a full ins ion, would probat,Iy be ores n; . ',;�,,1 i�an 5: ;'•�.', , wi ;�,nd +r C r: nee t:,ne. ,ri •r;ne Mayo! _.n,'tpr ,rr ( .'i 3 �� •.�?- - - '�r•�Cv1Gr •r.rcieriy n,7s 'wu3re f ,saga t ^a„ t, `,y ► oIC.- ,,, CJ's- i:;ior. w';h his rt'Qc•ust. r, S- �a:ler than alloweo t:v Copt i^ . r%Cr �v eta Jttful ,fit 1'r' ;''� c'� •. _ in , },is zoning, ,•,t ; t_.. tai g�S :,e ;Er�ice station right c thl r i9n, ' �e Cot", :,issioner Schwai! stated he '0 1o1•:i►,, lAreP rn- ;, fir .- +ionc to get their signs and yet Dirt'!• bu. AIrrl+ty r;t,bti4vd in ;he were asked to t "Diilply with the City' ,,zn n)dnan(c i .c, tI- E' rjr, }S ',0 large and toe close to the Stt't't it it. rr, rr f + >! l•►i, `';r. :nC i, going to change the depiensions or tr 3t• -I,. `�av;r Porter said he wo ::iC N' f'. �;r 1 ,..►:. be atle to hold p;,blic hearirg ano a r, e ; ? irar:t wO,,� '.r r•ore ', andscaping on the plans by tr,e ne-, ' • ,,t;r. :. Vice - Mayor Andrews Lantz saidsh• l{ fig w�' - ,,r.,, 1•,rr' .irn lot less offensive than Iar;e sign: .. i "r 1 i•1it►j the f• - Motion to pass on first reeving i 1 t; ;'l, (;►t,.•t, ,i;,ner >t.hw i •.;r.� •�y (Co -rissi one r Gibson absent). ITEM #23: An Ordinance amending Article k "' ot'► ►Oiiiai,, 1— r,trOe,.., adopted as the Official Zoning Ordinance of th -0 City of �uuL'; Miauvi, fIorida, by adding Section 14-3 -4 providing that all persvrs, ovule. or c,,rporation-. apnly ;nj fur exterior building permits for consturtion, n: nits irr•rrrnr.��n +.s on any building lot in an amount of mr? than $15,+101.1. iindr- ten. l,rr,vi,�cn of the toning Code of the City of Solrth MiB^i reauirir;g h:;',lic I,ra,•ing tef•; any board of the City and the City Commission. excluding irt:;l f,tt,:il; r,cidvn ", 1, a►. the time of the application shall pro%,iie a scale wnd,rl of rot I- than 1" 1i1:?' of the proposed improvement depicting piarerx�nt of nr: inc lud�nc• but not limited to: color, textures.l'arkin, ant 1 :vhi,.il model shall remain on display with tee City Ihrou t : )n,;: trl,, ontirr, .r , :•r,..,tton *' process or for such time as the rAlY may dreJr(•; and , rr.vi,!►n<I shall be submitted in addition to ;.n -r n,i •.1111 011-1 n, :i ^^ of the City of South Miami loninq . •,Ir• .milt l► ►t ►,ti►),r .)n �, • . t ,�, CCM R .: 4/3/84 r.in 0 11EY. $21 �REJ�CVED J A.N!y�OtRpDIN{{ANLL T0}'If ALL APPROWED FANS_: ATIONS OR A�6, i� �i A Pr— .r: ,. ' {[O�SeT FyyuR - - - - FOR EXCEPT:',, kEARINS AsD SSIONI P;C - '`3 As EFFEC'. 'E ►TEM 018 RE S' LU`::'. (RzCONS:DERATION): DIRECTING . MJ01:, tC71 . REVIN 7 =t S? T?' u,. OR PORTIO'; _.cr- „.it,� P,- Motion was seconded t} Cc w_ �;,- r; •, _ - LoR�-iss;crer S.hwait tnang2d r r page 6; so that he would be on t!e �,� .,•,c - - -,:�;• reconsideration motion. Commissioner Schwa it urged the Cc-7i -n .c cons, :v, tit: res.TU_iC' f3 �•i as it is just asking for a stud :%::in �t:: ;n' v j g y. g t.d�.f and a_;o :�•t:.- r.i,ioit to the residents of South Miami ant d;e�- when it is under such major growth and than(w. Motion on reconsideration failed Vice- ruttier An:1re ;vs Lana_ a' '40. ITEM #22: ORDINANCE NO. AN ORDINANCE OF T=:E CITY OF SOUTH MJ *1 , FC; ki DA, GRANTING A VARIA%"F TO EXXON CORPOP ION TO ALLOW A 25 SQUARE FOOT LANDSCAPE SIGN .v'iir RF NO DE iAC�E D SIGNS ARE ALLOWED FOR CFRT'IN D[SCPIS(D PRO FRTr LOCATED AT 6180 S'NSET DRIVf., SOUTH MIAMI, FLORIDA, Moved by Mayor Porter, second b� %ice- h'•.'Yor - ►ndrew. Lint :, .r.j, Lh:� c-:,n- sidered the first reading of the ordinance in its oitirpty ,anti it be t�ta...1 sill second reading and public hearing at the nr.\1 rj %g;,l,,,• t'n,)m:i sin,t r.,P(,J .111. CCM Y r i {, ,. -... '�.: .,.;may,:. - s:,.� ..•_. ,y__.t �...x,:�•__. -.... ORDINANCES - SECOND READING AND PULL l i i,E AR i Ntl ' CrINT I NU 01 Mr, C�xis Hansen, 6611 S.W. 78th 'errace, addressed the Comrission in favor of the �arjarce request and stated h- s ^et apCearing as a lobbyist nor for co-npersation. He stated other static— r_.e the same numbers as requested and ;`.ere "ai' Ie sG"1e mistake that this _ - � . I I C- r ^.t hd:e the sa-e r^ ,cc ipn r "( :nerL Wi an any n c`a' �� -c 1 -rcc F -ta� _ � .r_ arCa �iC'J E• t'roCo ci - .._- ^r �_ ssioner Gibson a r; ` -..r crews Lant: said tome a C,:,, * -.ni, V Cr• tFe „ i t)- _ rr— . . - r •r 1C prat Y.r f' r tne- ail ♦ _ F_ �L. - cf the varia -,:e rr— z. + :r. res - —se to Cc-nissi one r Scan n e'.er "ror.. Staff r °_oor,'�� •.� S + : Cr• -i r - - h: o ',8 r�r E- 2t t _r .at ^. r_r. Er's s as a non �: r S S _ i S or r tar - -'e, are GE �._d across th[ s:'ce; :::' i r d'..ri.t:. r t e d � _ s r e : j i r e N r i c i n g , t : , , r : : t ' - . - t : t . :`t.'� _rdinacc_ frm-e_s!arcirc signs must be viola`ee . :r ad�1; Gr, r•y frEE- Standing sign; are r ?zardous, r•st regularly maintained ar:: tre Enviror�..ental PE-.iew and Preservation B,.ard has stated they are unsightly. '.ayor Porter noted the City has done a lot of work on removing objectionable signs and the City looks so much the tett -�r for it. However, this particular case certainly a legitimate hardship, there is a lot of corpFtitian in this bi,siness and the rules should be the same for everyone. Comiiissirner Schwait stated the v,� +c own tre station are nice and hard - w�kir•g, but that is not the issue. Tne orices are not ',isahle fro- the street whz-n they are on the pumps and by the t ir•e :F.ev are able to be read, the aersor. r.o_ a.rEUdy passed the station. Vice-!'13"O- h+rjrews t6nt1 agreed. stating i, ' afn�ytr.c to not know the prices before oroceed'.r: into the s`.atic•r. Vote on the motion passed 5/0: Ma . -r Pcrte , ye. -.; `:i -,•'ayor r"!•�'rtrl; Lantz, yea; Com.issic,nEr Sow-man, yEa; CornrissiGner ;it: r, year C7lr-is_i,�r.er Sch„ai•,, - REc0LL'':Gf,S: f5 CC14 /S7 RESOLUTI IC -4, ' .10. 54 -85 -7019. A RESOLUTION OF THE CITY OF SOUTH MI Ali] , FLORIDA, PURSUANT TO THE AUTHORITY OF AkIICLE XVI OF TiiE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI, APPROVIING AND GRANTING A SPECIAL USE PERMIT FOR APPLCCATION NO. 84- 19(WITH ADDENDUM) TO CONSTRUCT A PLANNED DEVELOPMENT- HOSPITAL DISTRICT (PD -HD) DEVELOP - PENT WITHIN THE CITY OF SOUTH MIAMI KNOWN AS SOUTH MIAMI HOSPITAL AND LOCATED AT 7400 S.W. 62ND AVENUE; MAKING THE FINDINGS OF FACT SUPPORTING ITS DECISION THAT THE APPLICANT, BY THE GREATER WEIGHT OF COMPETENT EVIDENCE, HAS MET THE STANDARDS SET OUT IN ARTICLE XV1 OF THE OFFICIAL ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, FOR SUCH PLANNED DEVELOPMENTS; SETTING CONDITIONS AND SAFEGUARDS TO THE APPROVAL; DIRECTING THAT CHANGES BE MADE ON THE OFFICIAL ZONING MAP TO REFLECT THE APPROVALOF APPLICATION 140. 84- 19(WITH ADDENDUM); STATING THAT THiS RESOLUTION HAS BEEN ADOPTED BY AN AFFIRMATIVE VOTE OF NOT LESS THAN FOUR MEMBERS OF THE CITY COMMISSION AS REQUIRED AND SETTING AN EFFECTIVE DATE. (ADMINISTRATION /PLANNING BOARD) s -4- 6/11/85 rjn OED :NANCES - SECOND READING A',` FLU,: ",iAPI %S. .t CR: :'iANCE NO, 17 -85 -1234 AN ORD "iA,V1E Y ',HE CITY C. SOUTH MIAMI, FLORIDA, GRANT I N'S A VAR :A.y: E "O E NON TO ALLOW TWO DETACHED SIGNS OF 21.7 c; FE:° EACH '�IhEFE r�G OETACNEC SiS:,S ARE PEP.Y. -- _ T ' -kTAIN DESCR.EEC SOUTH M: AM' , AN LEGALLY CESCR:BE:, AS: LOT_ 12, 13, 14 AND THE w-,-S- 25' OF LGT !-'I OF F:'; . . _ PLAT :7 POINCIANA PARK AS RECGRCEG 'N PLA" cJC�. '4: P"SE 4'l OF THE PUE' RECORDS OF LADE (A DM.1N1,STRAT ION 'P�l �NN—I -_. __' - tike -Mayor A n d r e 4 s L an 2, cc_pnC :J CG^lrrission,er bowma ^, this E ccr ;treC the se:cnd reading ;,f the c-di,ance ire its entirety and it be adcptet one a:.i;r.e� the next number by the City Clerk. Mayor Porter deemed public hearing to be in session and requested anyone wishi , tc speak `cr or against 'he ord ?Hance to please step forward to be heard at this time, Mr. Jose llillalobos, attorney for the applicant, with offices at 1401 Ponce de Leon Boulevard, Coral Gacles, addressed the Corrrission stating first that he does rearesent the applica ^t, = ^r co;npersation, Mr, `Jillalobcis distribut=, photos to the Comsr,ission of other gascline stations in the City, all of which have prominently displayed price signs. He presented the Dade County ordinance governir- gascline price signs to the City Attorney statir he will be making reference to this ordinance. it is his understan-ain3 that price signs are reouired as stated in the ordinance, and it is detrirenta; try tha client not to be complying wit !i.is rule. City Attorney repsonded there are s�ec.ifi_ rea 0 rerrents and restrictions ir. the Cify's crC'inances and they would prevail it .his instance. The fact the applicant is seeking a varinace means t *at he does acknowledge he is not adherei.— tc th& City's zoning code. Co,inissioner Gibson stated concern whether it is the applicants contention the property is a 'hardship' or whether the applicant wishes the Commission to believe the County's ordinance effects his business. Mr. Villalobos stated the applicant does not have the privilege of advertising his prices and this does create a hardship. Commissioner Bowman noted to the Commission that all the other stations pictured do have signs out front with their prices on them and it certainly must be a disadvantage for this station to only have signs on the pumps on such a busy corner, Mr. Ramon Perez, station manager /lessor, residing at 2203 S.W. 105th Court, addressed the Commission, representing himself. He stated he has been in South Miami for 4 years and with 5 stations in the area now closed, the service his station offers is needed. 'There was a sign there originally, but when it was taken down for a change, it was not allowed back up again. He cited to the Commission the necessity of advertising on that busy corner and noted that only his regular customers realize he is there. His volume has dropped 10,000 gallons a month, and many people depend on this station as a 'neighborhood station'. CCM -1 1 l 5 -3- 6/11/85 rjn r 4 45- e �4- U-1 7-je Bc,---d noted t`�t s.`x--uld a s-T, of ' :as d 1-'-Is'n of -ZL-d lax -emk-s-s a.7' -I: - G. I 7 P'�-' S t Avr,(1-rnL of Slit ion. 12-3-1, of 7,rticle X11 of Ordii-uanr--, 120-71 -724, City of f,onJi Mil-uij Zontre - i Cbr3o, by odding that the Planning Board establish irxiividu..., vac,AtiO" F-cr'Orls for MlntX'rs not to exceed tuo rc -julnr Trr-c-fin,)s prr tv,-21ve (12) month period �,fiich will not be counted as absences all-3 s:-,ill Lc szh(x3ul(--J In such a way as to nilint-)ir a cn-)orun of the soayd. Vice-C-oir-an Michelsc-r; t?),-, hearinc f^r discuzssic)n ar,d inc-LLred whether this was presentee at the roc-u0st Of the Chairman. Diana k1-:eeler ans,kred in the affiirat—ive aid prccc -dtA to c;-*lain }fit tJ)e Plarni--ig &-,axd rac)xsted that the staff cet tcx-etJ-P--r o,-ith the City Attorney to ocm up with a legal ad,3ition to Our existing recyjlations. —)e City Attorney felt this is in wdti-i the intert f t , a #. 0 hcorgi -;� 1 M lion that the &:)ark2 rade and it 4-*S a1w 1ol--g31 in the sense that all that is involved is scheduling in such a way as to maintain a quoran, not gauranteeing that there r,ould be one. In practical terms, this means t.)-ot there cannot be mare than t�,K) reTbers on vacation at the -carv, tirre. Since there u-as no audience pnes,.,nt to participate in the discussion, Vice-40-oirm3n Rich--Iscn doclaxed tl-#-- Public Hearing closed. MX I CN: BY Mr. Prentiss that the request be drcpped. Seconded by mr. Cooper. Mr. Michel son requestc<1 a chv�),c in tl-x- choice, of vDrcLs frm -(Irq4-,ed- W "denied" and called for another motion. Mr. Prentiss withdrew his Tmtion. MXICN: By Mr. Coburn to approve. S&Dondod by Mr. Perry. Discussion ensued. .- It ue* -tated that a .r a certain number of &-tys absent, the Board no A.� T. V11 M7r304 CARRTiM. F. !-u_aring #85 -04 IX ct. Sa: -vest: varia ,ce to allow t-�o 3e-tochcd signs of 21.7, fc' ^t Location: E.80 S,H 77 Stre--t :cal Esc: iptior,: :rats 12, 13, 1; a:- u t~_ K sr_ 25 fc�_ of Lrt 15 c` v V,S dl P'-,a - c`. Pois c_ 1:-_= P f, A i // . C:s ': ;s10'? C'1SJC� a� ;Y ? �C rY.� a 1:' ��:I "S a5 L�R' w', :c `_.}k?r thds s3 r ic?; 3C5f was reviewed by them last year. Dia•,a Wh,.-:-?ler ar. .o�rvd in the nc- cati..e stzt -Lng that the applicant had prev;ously appeared before the Board for a detached identification sign. 'this request is for tti,o detached price Signs. Mr. Jerry Crawford, engineer with the Down Corporation from Ft. Lauderdale, addressed the Board and Mr. Ra7on Perez introduced hi, elf as the dealer at the station. Mr. Crawford described the lcr_ation as being b1oc:•.e3 from view necessitating sane type of recocyni t ion from the street that the station was open and operating. Ile indicated that tM dealer has experi-an a loss e^_oncmcally and may loose his business as a result of lac); of reoa �-n, i ti on . He stated that irprove-en t s had bcen ra ? e to the station uni t-h ire`.erence to appearance and landscapirx;. r:r. Raror. Pere .-, station dealer, stated to the Br.asd the narb_,r of calions he had lost since last year size the signs were re-7v--ed. 8:05 P.M: Mr. Richard Prentiss arrived Chairman Snith interrupted the reefing and announced he had a pressing engaolaTent to attend and would have to excuse himself. He turned the meeting over to the Viirm~n, Mr. Bernard Michelson. Mr. Perez continued describing price ocrpetition in the area and stated that though he was 2 to 3 cents cheaper than surrounding stations, his vwlu-re was low because of lack of prioe advertising. He also stated that his business has not picked up since S.W 62nd Avenue was widened to four lanes. Mr. Chris Mann, sign contractor, stressed the appearance of the sign as being low profile. Sine no one else wishing to speak came forth, Mr. Michelson declared the Public Hearing closed. Mr. Cobun asked the applicant why flat signs that were approved had not been installed. Mr. Crawford replied by saying that they wished to have signs out near the ,street which would be rmre visible. Page 5 4/30 /eS f • \ -:w.. � Xa...'1�5�%.h.�'l�i+`• :��q`Si`r�Wri'X"]n •:4• _ •Z le'-.ter to Mark C. Salkovek r.; . it :s 1987 rage hO F :ease feel f;E2 tC call if i".0 �I` •fit �:�LG Field ErZir�ee7 Ex(ON COMPANY. USA April 28, IQ87 `".r. `lark C. Balkovek Acting Director Building, Zoning b Co - -nun i t •. eve lopr.,ent 6130 S.:nset Drive FL vei:. Steele, Field Enzi-._vr, :x�... _,n's intention tC SeEK a `:3ria!):e Ior Its at t:_J S. *• 72nd St., c. ^l::i VT'7 , FL. The SF2:_.iL" "1a:t8' In q 125'..C`n 15 the ] ^:.?..3:,_.. of a icw pr:t.le s,4g-. i5 \•_.. .a"-�c is tr.c result U. L`c CiL' 'S �I4;' L�1:'.:,�':,c L' ._.. � .:j -e,3_ C s`zns of any sort in the st3tiD.'s zoning area. The Corporation believes this sijn is needed on suvvral cu,tnts. As a brief inspection of the station will reveal, the site is nearly devoid Of,,o:.,t of p::rchase identification. Identification exists only on the facility's two gas pump canopies. On each of these fixtures, the copy area is less than four square feet. The Corporation feels this situation Puts the dealer at a -gross disadvantage net suffered by any other station in the city. A casual tour of South X- ami .ill reveal that all other stations in the area have a detachc� point_ of nurchase size: of one sort or another. In many instances, these signs are quite generous in size, much larger than the low profile (five feet, top to crade) thirt %, two square foot sign proposed in this variance. An unfair 'idvc,rtis:n: advantage exists. Furthermore, with so little identification on thJ site, is is di;iicult to as_ertain that the 'station is, in fact, an Exxon facility. ObviouslIv, a rcLorist with a prefe:er.ce for Exxon products and /or company credit card holders could very easi :y pass the station without realizing that it is'part of the Exxon chain. Finally, with no street side identification to forewarn oncoming traffic, casual motorists could very well pass by the station's entrances before realizing that it Is there. With Sunset Drive Intersecting with `Dixie Hwy. only two blocks away, any chance of doubling bask to return to the station would be slim to none. By way of conclusion, it should be further pointed -out that the Environmental Review Board on April 5th, 1987 gave the sign a favorable recommendation with the condition that the sign be kept to a maximum of five feet of over -all height. Beyond this, special exceptions in this zoning area have been made in the past. Indeed, the station's neighbor, The South Miami Diagnostic Clinic was granted a variance to perform a change of copy on their existing low profile sign. The sign's original installation was by variance when the building was under the ownership of a bank. Hence, Exxon is not asking for an unprecedented circumstance. T 5 Ii %I Retular • "_Ctinc Cf t,e _lall"in". 1',03rd Neld, to due nCtiCC Cor ^:'-sior Chambers South 1,;1a!-,i, F;. r i d j TjesJav, .Iune 9, 1987 e _. _ 5 ca::e ;c•r a. anc _I ....�.:ed by c`. .,.legi. :� :e to the f1aZ c: the 1 "-..e_ �.zs Cf .'%:, riC3. L T.r sFnt J"h.n A re":s Thomas Cooper Bruce Hoff -ann Susan 'Kraich Larry Ligammare Robert Myers Richard Prentiss In attendance: Mark Balkovek, City T 1.310 or, .1n 1 David Itcn,icrson, Planninb Technician. C. ?uclic Rearing No. 87-010. Applicant: Exxon Co., U.1S.A. I L, 3tion. 618•D S. W. i' Street, South Mia -.j, Florida e;al Description: Lots 12, 13, 1t and t }.e west 25 feet of lot lS of the revised p'at of Poinciana Park, Plat' Boo'.% 41, page 41 of the Public Records of Dade County, Florida. Request: Variance to permit a free standing sign in a district where It is not allowed. Charles Steele, Exxon engineer for South Florida; Chris Mann of Bengis Associates, the contracting firm that installs Exxon signage; and Ramon Perez, the dealer of the station, addressed the Board and signed in,. Mr. Steele stated that he has the responsibility for 50 to 60 stations, and Mr. Perez''s station is the only one without an Identification sign. The stations typically have one or two signs, and his only Identifica- tion that it is an Exxon station is on the spreader bar that goes across .the pu:3ps which is about 30 -40 feet away from the road. Photographs 'were shown of other stations throughout South Miami with identification signs, and it is felt that this puts Hr. Perez at a competitive disad- vantage. Significant landscaping is to be added with the sign. Chris Mann then addressed the Board and stated that the proposed sign is tuodest:an design and coloration, is a ground style sign, and only 32 square feet, He indicated that it has passed the Environmental Review and Preservation Board. It is a red, white and blue sign with a black support mechanism surrounding it and installvd on a low profile, brick monument. He stated that he had worked on tho monument sign at the Miami Diagnostic Center when it was for a bank and then the revision. The only other signage is the gasoline price sign which required a variance but was mandatory with the Dade County Consumer Protection Agency. This, _ however, has nothing to do with the Exxon identification. Eie believes this sign is smalls modesty has the approval of the ERl'>d the 1444— e ! i scaping will enhance the neighborhood. the fire did appiroac' tie neigh . -, s • • ' �' `��' bors ` In the area and ell Were in favor of the proposed sip eXcgt for to ; ..• ..� . real estate office. s Hr. Peres addressed L Board and stated there used to be a large sign oa the corner for appro�.�aately 15 yearse He took over the station about six years ago and three years he large sign came dowq because of the change to toning. ft¢ stated. ._that t to,,$ fOmilies were supported by 'are this business., tha>l«,they tie.: onlX onei in the area 'rt»4hout sign, aid that thc-y really need its ti h Minutes of the %P.TG . r, Af,r11 r,—: In ilt( J:.,�:u ..t•�i, tl,c t; •t 8t t..0 i t +•} t Le , 'D n.,3 i ":L)i Of T �. Me Add i55 EE v nIati. +: .. r 1 C -i ? d r.a f .r, t Jill' . : ... , i .., i . .� 1 ' .'.e Lea to to put in t`',e p.1 r;: :?'• "' - ..... =} , + t: i�31ty iI f i�,;ir. IarLe tah,;,ar,ys anJ i,,t.y., a t',.' r c: il1t� 5 r(fe - "! 5.'1`. is and ...:ry .01 havc tr h , I, r•'.i „i. �•, .:. •,:,,i „,1 . y ;c:b: ':1b ;� a;.0 t triers vi 1 : bc .c '•t •,t: diszretionary 11rivj 3e :;.• • +1 . v::: t tt', and bringing in size of natives. Tile Aril i+'.int .1; +lut Sr i :;.att u:, t:;e ,ra::ir.� cic: i,^ite ^• ?.,+•c' :.': t ,,; t!I, to .,S, t:,: rt r� fro— C- h. E3 -E7 -051. Final :,i-� .-vv ] s; +, i rv;d violas ic.n. This I tcr, .%is .. 1, .'. t,; ra,? vi r `tt: m. e C irtq 5ez: 'u.. Applicant v:as not pres,•nt . I. £$ -87-043. Final nhpt-rval of !- evr.nd t loo -1,101t ion to exl.c:ing single - family home. Project in violation. Applicant: Thom;-.s yttrt:,u,;l, Address: G3?: S. W. SO :'t Represented by: Tht,W',, tlurtauc,t, It was establisht-d that this work w_t:; rntmllet } withnct a ptr-mit. The applicant claimed ignorative. Vic• It,1a'tl t',•vie.*%,'. plans ;,nd p;totographs. and discussed various object ion-,; tn ili•• c,i:'t ru: t ton inns: +ding a g :able roof on top of a hill ane ?,•.Ivin:; th,• c• i%+ . no al li;,inc:nt of the c•.):ner, and the appearance of ono h, °,: ;,• ! ;et en tor of an :! her. S•,;;gestfons were trade to acid a crirke: ; :' el ltnir+: +i •- s 1. +• o tl: ` .at:d rage a table which would be the proper I :av, As it i :, X11,• t; ' n:t fl -)or would rot quickly with the water coriin ±; IIr• w.;11. W. • _:�.4 � VV *0 �. Vraich read from the previo»s, st. f-- c(nLnc`ntiufo) vhiclt St:►ccd: "Service stations have very particular needs. The zoning code recognizes this by only lll��kinl; s.•n'ice stations as sPerial uc<` in twn zoning distfictt AIt':. -,U:;h tho usc• section of the code establishes this tiniquencu's, thc• -sign urdinonce „r,es n,)t differentiate between uses pt•r-mitted and special uses." Also, Ms: Kraich state that in the discussion of the previous Planning Roard they discussed that they thought the sign ordinance was probably remiss in that area and should be looked into which never happened. �'. i rc7. :55, '`.e Chairr:Jn, 5: 3t2_' that hie f&el ir%!z '.tad^ : c "La"reC from t?-., :,a previ,_s hearings in !9t;, and 1965. In 1976 the seven - year mcra- *i period siEas haC e,rir,'_ i'ien. the guard hz�in� i :ari- _. -� o-:c l:,a. icn, C -ere .:o•:1 `.`c no re-s—) '-")v the.: t,u:' not havF _. .a7' e i'.' of -.QT 2 i•_r.s. :ie a1 cp .:as con - cTnEd a' -)ut t Z: ,E is :erscCL:. Of C:.••'et 77lvE' and C'nd A.✓enL'e, pr. i:.iler:y The mction carried and the nex: step is to go before the City Cornission. D. Approval of Minutes of May 26, 1987. SEveral minor corrections were made to the Minutes of May 26, 1987. `10:101:: Tom Cooper moved to approve the Fiinutes as a- .ended. Larr% Uzaa .•are seconded the motion, :e3rinz no dissent, the Chairman declared the +notion carried. r t The Chairman asked if there was anyone else who wished to Speak for or aC.i►n.t the proposed variance. There was not ontl tliv pidhlle heating w.is %•1 <••'�•d. -I)e n1,rtins u•as r)pvnrtl for q.'••SL ions. for a history of the rcqucst Mr. `iann responded that the er i 1nal rc•q ,cst fore sign wn� for 40 -�gii.iry ft•et which wane denied. They :Y2 the street side price identifj cat ion which was needed to Of tli 1)�cl�� in +jnty C'nn�,mcr t'rotectian Agency �r 7' cam, N, t1ey are req,.sestint: a 30 square foot sign. `ir. S c ER'� :rl '.]s a ��t �Q 31." 5Cr2iS w1ten questi ^,ed aJOut the E C.3: t•2--r Z __ 5gJnrt' foot 5 o: :,netl)e: c' nor 'l�E tra::ic si;na. DO:i VC U1. 5 : :�i l i r v c: the s..:n. Mr. Mann re s;. _Dnc c that the landscaped ar... e- .a - ;e_ t.. put t e _ ir. a rc ti ^r. to eli-inate that t :'ci.. the s4::- dk'esn't conf ter- with the zoninz setback E. rC °� s'. n:5 a 5 : to a';ree nc -.Ert ' : s : :,ved that the variance be adopter. John Andrews seconded the motion. Further discussion followed and Mr. Hoffmann questioned how the C -1 Zoning care about in a CO zone. Could the sane type of C -1 zoning be done as across the street? Staff responded that the C -1• zone may have been created years ago, ho'.ever, it is not good planning practice to spot -zone a CO Zone to o C -1 just to accor,•odate a sign. 5:•if f 's po" it icn i,� they have to inter- pret the Code as it reads, although there m.i-,• lic a need for nakinp some adjust- ments, and it is being handled at present on .3 case by case basis. It was deter -.fined t}at the C -1 was cre -ated quite so-.e tine ago. Both of these stati::-•s have been in e- :i_tence a? ?roxi-.attly 15 - 20 years. A discussion, .ollowed on the iss-je o: whether this variance request would fall in the sate €ory of solely "ice profit" as opposed to a "hardship." f1s. Kraich had a discussion with John Dellagloria, the City Attorney, as to interpretation, and his interpretation was that the Applicant had to prove demonstrable and exceptional hardship and the fact that it tight incidentally Tesult in profit doesn't siatter. He also indicated that a strict interpretation would mean that no commercial concerns need apply at all. its. Fraich felt that a sign was a functional requirement for a service station, and that the Applicant was not 'trying to get an advantage but to remnedy a disadvantage caused by an inconsistency of the zoning ordinance. Mr. Cooper feels that we do have a sign ordinance and need to stay With it. Discussion followed as to the reason for the denial in 1984 and that no "hardship" had been demonstrated. ?fir. loffmann felt that a cUrwnercial business should be able to compete on an even basis and sees no problem 4n granting this variance. The Board questioned Mr. Perez if he had experienced any significant losses. Mr. Perez gave his sales as follows: January, 1984, 59,000 gallons; February, 1984, 57,600 gallons; March, 1984, 61,500 gallons; April, 1984 (the month the sign was removed), 58,100; May, 1984 (first month without the sign), 51,697 gallons; June, 19846 51,648 gallons; and July, 1984, 470788 gallons. This can be verified by Exxon's invoices, reduction in taxes and the employees being paid by commission. The Board requested com- parison figure for 1985 or 1986. May, 1986, 56,473 gallons, however, the Texaco station across the street was closed. Between 1984 and 1986 four stations 1 to 1� blocks away closed. In June of 19860 $4,000 gallons were sold and 56,000 in July of 1986, even with the four stations closed. The Chairman noted that the volume dropped fn July of each year! _ tier. Myers reviewed the chronology of event .. -.the fact t- bards : not self- imposed$ that the station is sft ck'+an the a# :' is ,'` ,' r; '° priate for a gas statfon) and at s" •that' rouid •ba Ie8 . tee the building would be far away fras the Street Monk tonforedaj to tbs • but not visible from tote street obleb pikes it actually a gfi sicsl hardship. 4.. Given these reasons, tha fact it is th* smallest ei &s end tM 2aadseapft, Hr. Myers was in favor of the variance. ,�. ��Iy�f,,4U t: „s,, �,.... . t�fJ•y RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,: FLORIDA, RECOGNIZING THIRTY ONE YEARS OF SERVICE TO THE SOUTH MIAMI POLICE DEPARTMENT BY LT. RALPH GREENWOOD. WHEREAS, Lt. Ralph Greenwood, formally known as "blue eyes" to his fellow City Hall employees, came to the City of South Miami in 1957 and has spent some of the last few years bemoaning the fact "he don't get no respect "; and WHEREAS, Ralph's bear hugs and loud voice raised in song is how most City Hall employees begin their 8:00 A.M. day and WHEREAS, Ralph Greenwood has woven many a yarn regarding his prowness with a fishing pole, impressing us with his culinary talent at smoking fish that tie did catch and painting very picturesque stories of the quality and size of "those which got away" NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ralph Greenwood, guardian of police badges, spinner of tall tales and frustrated opera singer be and is hereby honored by the Mayor, City Commission and all members of City staff for his thirty one years of service with the South Miami Police Department. Section 2. That Ralph Greenwood will be missed at City Hall and the Mayor, City Commission and all members of City Staff wish him a future full of happiness as he hangs out his "Gone Fishin " sign on his office door for the last time. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST; MAYOR CITY CLERK MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING ANDRE DAWSON DAY IN THE CITY OF SOUTH MIAMI AND NAMING ANDRE DAWSON DRIVE IN HIS HONOR. WHEREAS, Andre Dawson, major league baseball player for the Chicago Cubs, is an inspiration and role model for local youths; and WHEREAS, Andre Dawson has given of himself to the youth of our Community by his support of local sports programs; and WHEREAS, Andre Dawson has demonstrated a strong sense of dedication and purpose as he attained baseball's highest honor as: MOST VALUABLE PLAYER - Now, therefore, be it resolved by the Mayor and City Commission of the City of South Miami, Florida: Section 1. That Wednesday, January 6th, 1988, be and is hereby declared as Andre Dawson Day in the City of South Miami in honor and recognizing his sphere of influence and achievement in his chosen career. Section 2. That S.W. 58th Place between S.W. 62nd Terrace and S.W. 64th Street be and is hereby named Andre Dawson Drive in his honor. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST PROPOSALS FOR CONSULTANT SERVICES TO REVIEW AND MAKE RECOMMENDATIONS REGARDING THE CITY OF SOUTH MIAMI PAY PLAN WHEREAS, the City has included a pay plan for full -time employees in the annual budget for the fiscal year 1987 -1988, and WHEREAS, the Mayor and City Commission wish to review said plan and request the services of a consultant for such purposes of review and possible recommendations. NOW, THEREFORE, BE IT RESOLVED BY,THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the Acting City Manager is hereby authorized to request proposals for consulting_ services in connection with the City of South Miami Pay Plan. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PROPOSED CONSTRUCTION OF A MOTOR POOL BUILDING AT THE PUBLIC WORKS SITE. WHEREAS, the City of South Miami's Department of Public Works is in need of the construction of a new motor pool building; and WHEREAS, prior to the request for proposals for the construction of such building, professional surveying and architectural services will be required. 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 publish requests for proposals for architectural and land surveying professional services in connection with the proposed new motor pool building at the public works site. Section 2. That such proposals shall be advertised and considered in accord with Section 287.055, Florida Statutes, known as "Consultant's Competitive Negotiation Act ", and Section 2 -77 et. seq. of the City of South Miami Code of Ordinances PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY e z1 x � RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR A CONTRACT FOR THE REPAIR OR REPLACEMENT OF SIDEWALKS IN THE BIRD ROAD AREA OF THE CITY OF SOUTH MIAMI. WHEREAS, the Administration has recommended the repair or replacement of sidewalks in the Bird Road area of the City; and WHEREAS, the Mayor and City Commission wish to implement this program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Acting City Manager is hereby authorized to enter into negotiations with Homestead Concrete and Drywall for a contract to repair or replace sidewalks in the Bird Road area of the City. Section 2. That all terms of a contract with the City and the contractor shall be approved by the City Commission. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNE o RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE ACTING CITY MANAGER TO PURCHASE REFUSE RECEPTACLES FOR THE PUBLIC WORKS DEPARTMENT. WHEREAS, the Public Works Department is in need of refuse receptacles to replace deteriorated containers; and WHEREAS, the Administration recommends purchasing the equipment 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 the Acting City Manager is authorized to purchase forty (40) refuse receptacles from Lee Equipment Company in a total amount of $8,360 from government bid; said funds to be expended from Account No. 1720 -6430 entitled: Sanitation Equipment - Operating. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM. CITY ATTORNEY F City of South Miami INTER - OFFICE MEMORANDUM Acting City Manager Turner December 13, 1987 '— rA °M. Public Works cto cGuire SUBJECT: Refuse Recept&les In accordance with Mayor Porter's request referencing the need to purchase refuse recepticles to replace those existing deteriorated canasters located throughout the City; herewith find the following. Assistant Public Works Director Christie has ascertained that Lee Equipment Company has on hand the receptacles that are needed and are the same type that we presently have. We need approximately forty (40) recepticles to facilitate our needs. At $209.00 each, the total cost equates $'8,360.00 It is requested that this item be placed on the next Commission Agenda, so that we may expedite replacing the existing recepticles. Account to be Charged: 1720 -6430 (Sanitation Equipment 1'X\ Item: Lawson Refuse Containers Amount (40) 1 Cost: $8,360.00 City of Miami Bid #838447' Vendor: Lee Equipment Company 'h ffr 100 Pembroke Road~' Hallandale, Fla 33009 Contact Person: Walter Levy Phone: 945 -0004 -M1— Proposal LEE EQUIPMENT COMPANY — DIVISION OF LEE ENTERPRISES, INC. PROJECT NO. Telephones: 1000 PEMBROKE ROAD. HALLANDALE. FL 33004 Dade. (305) 945 -0004 Broward: (305) 456 •7500 Page No PROPOS/A�L SLB.MITTED TO f 1( C 1, /1) A,1 l'' O� ) � I 4 PHU \C UAT€ ` RLLT }�1 f , )HD -NAME / CITY, S 1 t and LIP COOL --> )OH LOCATIr1N ITEM NO. QLAN11TV OLSCRIPIIO% I UNIT COST TOTAL ov I 7 U&I'v&I) t I t f 5?.3 i t t ACCEPTANCE OF PROPOSAL —The above prices. specifications and conditions are satistaetory and hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. pate of Acceptance, wAsmiPrs AV14Nan.FL 8e8•75" SALES ENGINEER .0 1 4 liven x _ Style No. X701 Product Description: Waste receptacle shall be of square- flared design with a removable inner container. All exposed *edges shall be rounded. The Boev s :all be manufactured frerr heavy gauge pre - galvanized steel specif'ed under minimum material soecif _-ations. The floor, or base, of the unit shall be raised a minimum of 6 inches frors the ground to permit easy cleaning under the unit, The receptacle should be equipped with four feet also marufectured from pre - galvanized material and equipped with leveling and anchoring devices. A minimum of two anchoring devices should be furnished with each unit. The body shall be equipped with a reinforced door to permit the inner container to be easily removed for servicing. The door shall have either a key lock or turn handle protected from the weatne: by an embossed ice shield The turn handle does not have a key lock. The base of the body shall have a minimum of two skid tracks embossed into the bottom for the inner container to slide and rest on. The inner container shoild :he made from steel and have a minimum capacity of 26 gallons, model no.- 26 -30. The Hood or top of the recptacle should have two openings approximately 911 in eight and 20" wide on opposite sides and shall have a baffle to funnel litter into the ginner container. The openings shall be so constructed to prevent rain or snow from entering the inner container. Finish Receptacles shall be painted after they have been completely bonderized with automotive type refinish enanal or of such 'a quality as to afford full protection against all normal weather elements. Minimum Material Specifications: Receptacle Hood 20 gauge (,036 min.) electro- galvanized steel Receptacle Rody 20 gauge (.038 min.) electro - galvanized steel Receptacle Base 20 gauge (.038 min.) electro- galvanized steel Receptacle Peet 20 gauge (.036 mina) electro- galvanized steel Size Ca acit r ��dhd r � _ Height 49 Width 29" Approximate 26 gallons Capacity Weight (including 98 pounds approximately inner container) RESOLUTION 'NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND METROPOLITAN DADE COUNTY TO INSTALL SIGNS PROHIBITING LEFT TURNS ONTO SOUTHWEST 69TH AVENUE FROM SUNSET DRIVE IN THE CITY OF SOUTH MIAMI DURING THE HOURS OF 7:00 A.M. TO 9:00 A.M. DURING SCHOOL DAYS. WHEREAS, commuter traffic traveling eastbound on Sunset Drive through the City of South Miami passes through a residential neighborhood instead of proceeding east on Sunset Drive in order to avoid traveling through a school zone which is posted at a speed limit of 15 miler per hour; and WHEREAS, the area in question is being subjected to heavy commuter traffic at higher than permissable speeds which is endangering those in that neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Florida Department of Transportation is urged to install, immediately, signs prohibiting left turns onto S.W. 69th Avenue from 7:00 A.M. until 9:00 A.M. from Sunset Drive in the City of -South Miami during school days. Section 2. That the office of the City Manager is requested to send a copy of this resolution to the Florida Department of Transportation and the Metropolitan Dade County Department of Transportation to request their response to this resolution and subsequent scheduling of installation of said "NO LEFT TURN" sign. PASSED AND ADOPTED this day of 1988. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR A RESOLUTION OF THE MAYOR AND CITY COMMISSION TO REQUEST BIDS FOR THE PROVISION OF CABLE TELEVISION SERVICE IN THE CITY OF SOUTH MIAMI. WHEREAS, the City of South Miami had two cable companies providing C.A.T.V. services to City residents until the transfer of one license in September of 1987; and WHEREAS; the Mayor and City Commission believe it is in the best interests of the City's residents to have the ability to select the best and most cost - effective C.A.T.V. service. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Acting City Manager is hereby authorized to request proposals for the provision of Cable Television Service in accord with the provisions of Chapter 8 of the City's Code of Ordinances. Section 2. That any action on licensing an applicant for such services shall be by the Mayor and City Commission in accord with the provisions of Chapter 8 of the Code of Ordinances and the Dade County Code. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 84 -87 -7074 A RESOLUTION OF THE MAY_ "R AND CITY CONtMISSION OF TA- E CITE' OF 5:_TH MIAMI, FLORIDA, APPROVING THE ACQUIS TION OF THE CABLE TELEVISION LICE >vSE OF -kRTE -HANKS COMIMUNICA- TIONS, INC. BY AMERIC -?LE ASSOCIATES WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTH MIAMI. WHEREAS, pursuant to Resolution No. 49 -80 -3898, the City of South Miami granted a license to Cable Satellite Associates, a subsidiary of Americable Associates ( "Americable ") to operate cable television services in the City; and WHEREAS, pursuant to Resolution No. 103 -79 -3838, the City of South Miami granted a license to UltraCom of Dade County, Inc. ( "UltraCom "), to operate Cable Television services in the City; and WHEREAS, pursuant to Resolution No. 32 -84 -5089, the license granted to UltraCom as recited above was assigned to Harte- Hanks Communications, Inc. ( "Harter Hanks "); and WHEREAS, the Administration of the City has reviewed the request of Americable to acquire the license of Harte -Hanks and finds that all provisions of Chapter 8 of the City Code of Ordinances have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Americable to acquire the current license of Harte -Hanks is hereby granted, subject to Americable complying with all terms and conditions of the license granted by Resolution loo. 103 -79 -3838. Americable shall, within thirty (30) days of the assignment, execute a writing accepting all terms and conditions of the license assigned. Section 2. That this assignment is further conditioned upon the following: (a) The City of South Miami will receive its own 24 -hour dedicated channel (5) for any City purposes as the City Shall determine in its sole discretion. (b) Americable agrees, at its own expense, to provide, engineer and install for the City, a computerized character generator -.::tth a capacity of cve7 25 paces. `) Americable will provide eleven. (11 ) additional channels at no additional charge, such channels to be: (1) Nostalgia - 24 -hour movies; (2) Galavision Spanish movies; (3) BET - Black Entertainment Network; (4) WPIX - New York Superstat:on; (5) WFLX (Ch. 29) West Palm Beach; (6) Discovery Channel - Children's programming; (7) C--SPAN — Senate hearings; (8) EWTN - Eternal Word Television Network; (9) VHL - Video Hits music; (1C) ACTS - American Christian Television Service;_ (11) Tempo The lifestyle network; provided these channels remain in operation. (d) Americable agrees to immediately provide three (3) optional premium services:. (1) Cinemax; (2) American Movie Classics; (3) Bravo; provided these channels remain in operation. Section 3. Any failure' on the part of Americable to comply with any of the requirements of Sections l and 2 above may result in a forfeiture of the license assigned. Section 4. That this assignment is subject to any necessary approval of metropolitan Dade County. PASSED AND ADOPTED this lst day of September , 1987. ATTEST CCLER�. ` 'R£AD AND APPROVED AS TO FORM: CITY ATTORNE R7 -8 -Q6 2 v * ��. 13 '. 000" RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI FLORIDA, AUTHORIZING THE CITY ATTORNEY TO OFFER THE AMOUNT OF FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500) AS COMPLETE SETTLEMENT OF ALL MATTERS IN A TORT LIABILITY CLAIM AGAINST THE CITY. WHEREAS, the City of South Miami is presently on notice of a tort liability claim against the City; and WHEREAS, the City Attorney recommends the settlement of all claims in this matter. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby authorize the City ,Attorney to offer the amount of Five Thousand Five Hundred Dollars ($5,500) to settle all matters in the tort liability claim of Jasmine Jordan against the City. Section 2. That the funds for this settlement shall be expended from Account No. 181.1 60 entitled: Self Insurance Fund. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIA':, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO PURCHASE A K-9 FOR THE SOUTH MIAMI POLICE DEPARTMENT. WHEREAS, the Police Department is in need of a police dog for its K-9 unit; and WHEREAS, Administration recommends purchasing the animal 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 the Acting City Manager is authorized to purchase a police dog from Lakeview Kennel in the amount of $2,480 from government bid; said funds to be expended from Account No. 1910-5450 entitled: Forfeiture Funds. PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY »r• — ,_._ ;rt City of South Miami _ INTER—OFFICE MEMORANDUM f°,Perry S. Turncr, A /City Manager "`r` 30 December 87 :ROw+e C. D. Romine, A /Chief of Police SUBJECT: K -9 The City of South Miami's.% Unit will begin training February 1, 1988. The cost of the dog will be $2,480.00. This money will be taken from the forfeiture fund, account #1910- 5450. We shall purchase from the City of Miami bid #87 -88 -013 upon its awarding to Lakeview Kennel. 3 . a ORDINANCE NO. 11 -86 -1256 A AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REPEALING ORDINANCE NO. II -86 -1256, HERETOFORE ADOPTED BY THE CITY COMMISSION ON AUGUST 19TH, 1986, WHICH ORDINANCE AMENDED SECTION 9 -3 OF CHAPTER 9 OF THE SOUTH MIAMI CODE OF ORDINANCES, AND ESTABLISHING ONE PLACE OF POLLING FOR ALL GENERAL AND SPECIAL ELECTIONS OF THE CITY AS THE FIRE STATION LOCATED AT THE CITY HALL COMPLEX, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA. WHEREAS, in the past, all general and special elections of the City of South Miami have been held in the fire station at South Miami City Hall; and WHEREAS, the City Commission is desireous of maintaining this traditional polling place that is familiar to all residents of the City when voting in regular or special City elections. NOW, THERFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ordinance No. 11 -86 -1256, heretofore adopted by the City Commission on August 19th, 1986, which amended Section 9 -3 of Chapter 9 of the City's Code of Ordinances by establishing two additional polling places for special and general elections of the City be and the same is hereby deleted: That- Seet4ee -9 -8- a € - Chapter° -9 -ef- the -6ede- a €- 9rd4naeees -ef the - City - a €- Seuth- M4aFRi;- Flefida;- be -and -the - same -is- hereby aFnended- te- deisgaate- twe -�24 -add }tiepal - polling- pl aces - €ee- all- geperaI -apd- special- eleetieAs -e €- the -6ity- a € -Seeth Miami -as -€eITews:--Afer*eap-Eegaiee- Hall - #31;- 7719 -S:W: 59th- AveRae- apd- Hepe- Lutberap- 6heeeh;- 5339 -Bifd -Read; Seeth- M*amij- Flef}da. Section 2. That Chapter 9 -3 of Chapter 9 of the City's Code of Ordinances establish the Fire Station located at the City Hall Complex, 6130 Sunset Drive, South Miami, Florida, as the polling place for all general and special elections of the City of South Miami. �Pel. �.} �� ti . u. 15EM-611 WIN PASSED AND ADOPTED this day of 1988. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Passed on 1st Reading: Passed on 2nd Reading: Deletions shown by ----- - - - - -- J ORDINANCE NO. 11 -86 -1256 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 9 -3 OF CHAPTER 9 OF THE SOUTH MIAMI CODE OF ORDINANCES BY DESIGNATING TWO (2) ADDITIONAL POLLING PLACES FOR ALL GENERAL AND SPECIAL ELECTIONS FOR THE CITY OF SOUTH MIAMI AS: AMERICAN LEGION HALL . #31, 7710 S.W. 59TH AVENUE AND HOPE LUTHERN CHURCH, 6330 BIRD ROAD, AND BY CHANGING THE POLLING PLACE NOW DESIGNATED IN SECTION 9 -3 OF CHAPTER 9 TO THE CITY OF SOUTH MIAMI FIRE STATION, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA. WHEREAS, the number of registered voters in the City of South Miami, Florida, has increased significantly to have designated more than one polling place for all general and special elections in the City of South Miami; and WHEREAS, the original designation of a polling place for all general and special elections in the City of South Miami, Florida, was the Community Building, 6150 Sunset Drive, and that building is no longer used for that purpose and WHEREAS, the polling place, designated by ordinance prior to each general or special election, as required by Section 2, subsection A. of Chapter V of the City Charter has been City of South Miami Fire-Station, 6130 Sunset Drive, South Miami and it is for clarification and uniformity this should be so designated in Section 9 -3 of Chapter 9 of the South Miami Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 9 -3 of Chapter 9 of the Code of Ordinances of the City of South Miami, Florida, be and the same is hereby amended to designate two (2) additional polling places for all general and special elections for the City of South Miami, as follows: American Legion Hall #31 7710 S.W. 59th Avenue South Miami, Florida Hope Lutheran Church 6330 Bird Road South Miami, Florida Ap y 1 y'��• _, _�ks:. Section Z. That Section 9 -3 of Chapter 9 of the Code of Ordinances of the City of South Miami, Florida, be and is hereby further amended to change polling place previously designated to the polling place currently used: South Miami Fire Station 6130 Sunset Drive South Miami Florida in the interest of clarification and uniformity. PASSED AND ADOPTED this 19th day of August 1986. APPROVED: APPROVED AS TO FORM: CITY ATTORNEY Passed on 1st Reading: 815186 Publication date: 8/8186 Public Hearing date: $119186 Passed on 2nd Reading: mow, nor ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING PLACE OF POLLING, DATE AND TIME OF THE SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH THE REGULAR CITY ELECTION ON FEBRUARY 9TH, 1988. WHEREAS, the City Charter, as amended, provides for the regular City election to be held during February of each even year; and WHEREAS, the City of South Miami will be holding a special election in conjunction with the regular election at which time Charter Amendment questions will be submitted to the electorate of the City; and WHEREAS, the Code of Ordinances of the City provides that the City Commission shall designate the polling place, date and time of the City elections. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF.THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there will be a special election of the City held in conjunction with the regular election of the City on Tuesday, February 9th, 1988, at the Fire Station located at the City Hall Complex located at 6130 Sunset Drive, South Miami, Florida. Section 2. That the polling place for said general and special election of the Citv will be open from 7:00 A.M. until 7:00 P.M. as brescribed by i1aw. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Passed"on`1st Reading: '7 Passed on 2nd Reading: day of APPROVED: MAYOR i i • - i ORDINANCE NO. 1 -86 -2246 .'N' ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, ;SIGNATING PLACE OF POLLING; DESIGNATING CLERK A`ND INSPECTORS OF ELECTION FOR REGULAR CITY ELECTION TO BE HELD IN THE CITY OF SOUTH MIAMI ON FEBRUARY 11TH, 1986. H IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: WHEREAS, the City Charter,as amended, provides for the regular City election to be held during February of each even year; and WHEREAS, the Code of Ordinances of the City provides that the City Commission shall designate the polling place, and certify the Clerk of the Election and Inspectors; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The polling place for said'reguiar municipal- election to be held Tuesday, February 11th, 1986, shall be the fire station located on the City Hall property at 6130 Sunset Drive, South Miami, Florida. Section 2. The.Clerk, Deputy Clerk, Deputy Sheriff and Inspectors for said municipal election shall be as follows: Clerk, Grace Poole; Deputy Clerk, Virginia Jolley; Deputy Sheriff, Mario Soto; Inspectors, Sarah Bailey, Barbara Christie, Betty Louise Connor, Mary Conroy, Betty Filippi, Rita Hogan, Harrison Kagle, Betty Lawton, Virginia Maxwell, Mary Prentiss, Earlene Pressley, Willie Mae Robinson, Anna A. Schultzel, Dorothy Schwartz, Alden Thompson, Rosemary Wright and Hilda Florine Zimmerman. PASSED AND ADOPTED this 21st day of January , 1986. APPROVED: Passed on 1st Reading: 1/01/86 Passed on 2nd Reading: 1/21/86 .'0 te.