08-16-881 4
OFFICIAL AGENDA
CITY OF SOUTH MiAMi
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
AUGUST 16TH, 1988
7:30 P.M.
A. Invocation
Next Resolution: 135 -88 -7048
Next Ordinance: 10 -88 -1304
Next Commission Meeting:, 9/06/88
B. Pledge of Allegiance to the Flag of the United States of America
C. Piesentations
D. Items for Commission Consideration:
1. Approval of Minutes: August 2, 1988, regular City Commission meeting
August 2, 1988, Safe Neighborhood Improvement District
Organizational Meeting
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance amending Chapter 20, Article 5, Section 5 -12 -2 of the Zoning Code
by eliminating food stores (convenience type only) from the schedule of permitted
uses in 'C -1' Neighborhood Commercial Districts. (Vice -Mayor Schwait)
RFCni IIT7nNC-
5. A Resolution dedicating S.W. 62nd Terrace between S.W. 60th and 62nd Avenues in
memory of Rosa L. Bowman. (Commissioner Brown)
6. A. Resolution authorizing the Interim City Manager to renegotiate the guaranteed
payment to the City in regard to the agreement for the provision of parking meter
services. (Mayor Porter)
ORDINANCES - FIRST READING:
7. An Ordinance granting a rezoning of property from RS -3, low density single- family
residential, to RM -24, medium density multi - family residential, on property
legally described as Lot 6, plus the East 10' of Lot 5, and lot 5, less the
East 10' thereof, Block 1, FAIRGLADE MANOR SUBDIVISION, as recorded at 'Plat Book
45, Page 79 of the Public Records of Dade County, Florida.
(Planning Board /Administration)
8. An Ordinance designating the George E. Orr Estate as an historic property, said
property legally described as Lot 3, Block 1, of ORR'S POND SUBDIVISION, as
recorded in Plat Book 132, Page 34 of the Public Records of Dade County, Florida,
a /k /a 6463 Sunset Drive, South Miami, Florida. (Planning Board /Administration)
3/5
3/5
3/5
4/5
3/5
9. An Ordinance amending the permit fee schedule of the City to specify that a permit 3/5
and fee is required for the painting of commercial structures in the City and that
the Environmental Review and Preservation Board approve all permits prior to
issuance. (Commissioner McCann)
10. An Ordinance amending prior Ordinance No. 18 -87 -1290 which amended Section 11 -2 -2 3/5
of Article XI of Chapter 20 of the Code of Ordinances of the City adding
Subsection 11 -2 -2.04 exempting single family buildings from the review and approval
pfocess of the Environmental Review and Preservation Board for additions or
alterations regarding painting, landscaping, windows, doors, driveways, slabs. and
re- roofing. (Commissioner McCann)
REMARKS':
Roland Rodriguez, Bakery Centre, for discussion of acceptable signage plan
Reverend C.E. Standifer, St. John AME Church, for extension of time in which to
begin building.
REMARKS:
Job responsibilities of the City Clerk
Garbage Collection Fee
Occupational Licenses
(Commissioner Brown)
(Commissioner Brown)
(Commissioner Brown)
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESITES TO APPEAL ANY DECISION WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDNECE UPON WHICH THE APPEAL IS BASED.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 20, ARTICLE 5, SECTION 5 -12 -2 OF THE
ZONING CODE BY ELIMINATING FOOD STORES
(CONVENIENCE TYPE ONLY) FROM THE SCHEDULE OF
PERMITTED USES IN 'C -1' NEIGHBORHOOD COMMER-
CIAL DISTRICTS.
WHEREAS, the City's Zoning Code currently permits
Convenience type Food Store uses in 'C -1' Neighborhood Commercial
Districts; and
WHEREAS, the Mayor and City Commission deem it in the
public interest to eliminate this as a permitted use in the district.
NOW, THEREFORE, BE IT ORDAINCED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:.
Section 1. That Food Store (Convenience Type only) use be
eliminated from the schedule of permitted uses in C -1, Neighborhood
Commercial Districts and that Chapter 20, Article 5, Section 5 -12 -2 be
amended as follows:
5 -12 -2 USES PERMITTED
All uses permitted in the RO District
Beauty or barber shop
Drug, pharmacy or sundry store
Employment agency
Film processing substation
Florist
Fsad- szere- {ESevefiiesee- type- enly4
Gift shop
Laundromat or dry cleaning substation
Newstand
Shoe repair shop
Tobacco shop
Travel agency
Section 2. That all Food Store (Convenience type only)
businesses currently and lawfully established in the C -1 districts
on or prior to the adoption of this Ordinance shall be deemed
permitted non - conforming uses, subject to the applicable provisions
of the City's Zoning Code.
PASSED AND ADOPTED this day of 1988,
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Passed on 1st Reading: 7/19/88
Passed on 2nd Reading:
Deletions shown by - - - --
08- 3 -02
4. PB -88 -006.
An Ordinance of the Mayor and City Commission of the City
of South Miami, Florida, amending Chapter 20, Article 5,
Section 5 -12 -2 of the Zoning Code by eliminating "food
stores (convenience type only)" from the schedule of
permitted uses in "C -1" Neighborhood Commercial District.
Vice Chairman Hoffmann asked if there was anyone present
who wished to speak on this item.
Carol Sevingle signed in and addressed the Board. She
asked if eliminating convenience type food stores from
the C -1 District, would mean that they would
automatically be allowed in the C-2 District and thereby
make it easier for them to come into a neighborhood.
Mr. Lopez replied no, that it would mean that there would
be no District open to convenience type food stores.
There was no one else present who wished to speak on this
item, and the Public Hearing was closed.
MOTION: John Andrews moved to approve the
Ordinance as presented.
Neil Carver seconded the Motion.
Mr. Andrews said that the existing convenience stores
will be grandfathered, and he thinks prohibiting
convenience type food stores in the C -1 District is a
Wonderful idea.
Mr. Cooper thought that convenience stores should be in
the C -1 District, as they are convenient to the
residential areas.
Mr. Andrews said he thought there were enough convenience
food stores in the City.
Mr.
Cooper questioned the
needs of the City in 50 years
from
now, and would it
be more convenient to
have
convenience
food stores in
terms of accessibility or
does
the
City only want to have
large shopping centers.
He
said
that he would prefer
to have convenience stores
and
that
they belong in the C -1
District.
J4
Mr. Carver said that to have convenience type food stores
in a C -I designation where, theoretically, they are
across the street from private homes is not desirable.
He said that he did not feel that convenience type food
stores should be in C -1 designations.
A discussion ensued on service stations and in what
districts they were a permitted use. Mr. Lopez said that
all service stations in the City were s special use.
Vice Chairman Hoffmann said that his concern is whether
or not this would entirely eliminate convenience type
food stores from the City of South Miami or whether they
would be permitted in the C -2- District, and there would
be no delineation on food stores. He said that he
thought the Board should make their position clear one
way or the other as to whether they are recommending the
elimination of convenience type food store's or whether
they are saying that convenience food stores are more
appropriate in the C -2 District.
Vote: Approve: 2 (J. Andrews)
(N. Carver)
Oppose: 3 (L. Ligammare)
(T. Cooper)
(B. Hoffmann)
The Motion to approve was defeated -
MOTION: Neil Carver moved to approve with the
proviso that the Commission clarifies
and indicates that the food store
designation in the C -2 usage includes
convenience type food stores under the
designation of food store.
John Andrews seconded the Motion.
Mr. Carver said that he thinks it is important to take
the convenience type food stores out of the C-1
designation.
Vice Chairman Hoffmann said that hls decision to vote
against the ordinance is that C -1 is an appropriate place
for convenience type food store.
Vote: Approve: 2 (J. Andrews)
(N. Carver)
Oppose: 3 (L. Ligammare)
(T. Cooper)
(B. Hoffmann)
a
.I
RESOLUTION NO.
A RESOLUTION OF THE.MAYOR AND CITY COMMISSION DEDICATING
S.W. 62nd TERR. BETWEEN S.W. 60th AND 62nd AVENUES IN MEMORY
OF ROSA L. BOWMAN
WHEREAS, the late Rosa L. Bowman was a long time
resident of the City of South Miami, a distinguished member of
the Mt. Olive Church, and whose family contributed civic services
to the City; and
WHEREAS, the Mayor and City Commission wish to
memorialize the late Rosa L. Bowman with the honor of renaming
S.W. 62nd Terr. between S.W. 62nd and 60th Avenues Rosa L. Bowman
Terrace.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That S.W. 62nd Terrace. between S.W. 62nd
and S.W. 60th Avenues in the City of South Miami be renamed Rosa
L. Bowman Terrace, in memory of one the City's outstanding
residents.
Section 2. That the City administration is hereby
authorized to take all necessary steps to carry out the renaming
of the Terrace.
PASSED AND ADOPTED this day of , 19
APPROVED:
MAY
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
4F
4
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
CITY MANGER TO RENEGOTIATE THE GUARANTEED PAYMENT TO
THE CITY IN REGARD TO THE AGREEMENT FOR THE PROVISION
OF PARKING METER SERVICES.
WHEREAS, the City of South Miami ( "City ") and Stroyne Bros.
South, Inc. ( "Stroyne ") entered into an agreement for the
provision of parking meter services; and
WHEREAS, pursuant to Paragraph 2 of the amended agreement
dated September 24, 1987, the City wishes to exercise its option
to renegotiate the guaranteed payments under the contract.
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 Manger is hereby
authorized to renegotiate the guaranteed amount of payment in
regard to the City's agreement with Stroyne.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
sm pkgmeter.res
N
day of
APPROVED:
MAYOR
,1988.
w
AMENDED AGREEMENT FOR THE PROVISION
OF MAINTENANCE AND OPERATION OF PARKING METERS
This Amended Agreement, made thi�day o .,
1987, by and between the City of South Miami, Fl ri a,
hereinafter referred to as "City," and Stroyne Bros. South, Inc.,
hereinafter referred to as "Stroyne."
W I T N E S S E T H:
WHEHREAS, pursuant to Resolution No. 64 -85 -7029, the
City entered into an agreement for the maintenance and operation
of parking meters in the City with Stroyne Bros. South, Inc.; and
WHEREAS, at a December, 1985 City Commission meeting
and at subsequent meetings held with City staff, the parties have
discussed the terms and conditions of said Agreement relating to
revenues to be paid to the City; and
WHEREAS, as the parties are in disagreement regarding
the terms and conditions of the Agreement and wish to resolve all
matters without the necessity of litigation;
NOW, THEREFORE, the parties agree to amend the original
agreement of August 15, 1985 (hereinafter referred to as the
"Original Agreement" as follows:
1. That the above recitals are true and correct.
2. That paragraph (3) of the Original Agreement is
deleted and replaced with the following:
3) Commencing with City fiscal year October 1,
1986 through September 30, 1987, and continuing for an
additional fiscal year concluding September 30, _1988,
Stroyne guarantees to pay the City the amount of
$368,000 per fiscal year, said sum generated from meter
revenues, parking fines from all sources (including all
meter- person.and police parking citations) and decal
permits. In the event the above listed sources do not
generate a total of $368,000 per fiscal year, Stroyne
will satisfy any shortfall by direct cash payment(s) to
the City. Excluded shall be revenue sources of any
other nature to satisfy the guaranteed amount,
including but not limited to citations for anything
other than parking violations, and monies received by
the City from forfeiture proceedings. For each of the
City fiscal years 1988 -1989, and 1989 -1990, the City
reserves the right to renegotiate the guaranteed
amount. Should the City fail to notify Stroyne Bros.
South, Inc. of its intent to renegotiate no later than
thirty days prior to the end of each fiscal year, the
guaranteed amount for that upcoming fiscal year shall
be $368,000.
In the event the City exercises its right to
renegotiate the guaranteed amount, the renegotiations
shall be concluded by the parties prior to the
commencement of the fiscal year. In the event the
parties cannot agree on a renegotiated guaranteed
amount, the City shall exercise its option to purchase
the meters as provided in Paragraph 5'of the Original
Agreement.
The guaranteed amount shall, for fiscal year
1986 -1987, be paid on a monthly basis as agreed to by
Stroyne and the City Manager of City. The guaranteed
amount for the remaining three (3) fiscal years shall
be payable in equal monthly installments. In the event
that at the end of each fiscal year of this Agreement
(1987, 1988, 1989, 1990), the amount of revenue
generated from parking fines from all sources as
i-
defined received by the City exceeds $260,000, the
parties agree that only 50% of such excess is applied
by Stroyne against the guaranteed amount above. In no
event shall Stroyne ever be entitled to receive or
retain any amounts paid to the City from such parking
fines, notwithstanding that the amounts so received by
the City may generate more than the entire guaranteed
amount.
For fiscal year 1986 -1987 only,
that any shortfall experienced by
$427,000 budgeted by the City from
above (except monies received
proceedings) shall be paid in one
before September 30, 1987.
Stroyne guarantees
the City from the
all sources listed
from forfeiture
cash payment on or
3. That paragraph (4) of the Original Agreement is
deleted and replaced with the following:
4) Stroyne Bros. South, Inc. agrees to reimburse
the City for the salary, total benefits, and insurance
for one full -time employee for a sum not to exceed the
amount of Twenty Thousand Dollars ($20,000) annually.
The said employee will be for enforcement duties only,
and will be supervised by the Chief of Police. Any
additional enforcement employee(s), in a number not to
exceed three without approval of the City Manager,
shall be the sole fiscal responsibility of Stroyne.
4. That paragraph (5) of the Original Agreement is
deleted in its entirety and replaced by the following:
5) This Agreement shall commence August 1, 1985
and shall end September 30, 1990. The City retains the
right to unilaterally cancel the Contract at any time
after one (1) year and three (3 ) months from the date
hereof. Upon cancellation the City agrees to reimburse
the Party of the second part eighty (80 %) percent of
capital investment if terminated after one (1) year and
before two (2) years; sixty (60 %) percent of capital
investment if terminated after two (2) years and before
three (3) years; forty (40 %) percent of capital
investment if terminated after three (3) years but
before four (4) years; and twenty (20 %) percent capital
investment if terminated after four (4) years but
before five (5) years, to be pro rated for any month of
the twelve month period of that year. Capital invest -
ment,shall be determined as being the amount of money
expended by Stroyne Bros. South, Inc. in purchasing 575
new Duncan VIP Model 70 parking meters.
5. That paragraph (6) of the Original Agreement is
hereby amended by adding a final sentence as follows:
6) In the event that either meter rates or
County parking fines increase during the remaining term
of the agreement, Stroyne agrees to re- negotiate the
guaranteed amount to reflect a proportionate increase
in the amount received by the City.
6. That paragraph (7) of the Original Agreement is
hereby amended to delete the first sentence thereof.
7. That paragraph (8) of the Original Agreement is
hereby amended as follows:
8) That commencing October 1, 1990, or upon
default by Stroyne of any terms of the Original or this
Amended Agreement, all parking meters installed by
Stroyne shall revert to and become the unencumbered
property of the City, and shall be so evidenced by an
i
2
a
appropriate bill of sale or other instrument which
shall reflect title in the City.
8. That paragraph (9) of the Original Agreement is
hereby amended as follows:
9) Stroyne Bros. South, Inc. agrees to provide a
certificate of insurance for the administration of the
parking meter program naming the City of South Miami as
a named payee covering public liability and all claims
arising from, or resulting from, said operation of the
parking meter program for an amount not less than One
Hundred Thousand Dollars ($100,000) per person and Two
Hundred Thousand Dollars ($200,000) per incident.
9. That paragraph (10) of the Original Agreement is
hereby amended as follows:
10) That in addition to the provisions of
paragraph 9 above, Stroyne agrees to indemnify and hold
the City harmless from any and all claims, suits,
actions, damages, or causes of action arising during
the term of this Agreement, including reasonable
attorney's fees for any personal injury, loss of life,
or damage to person or property sustained by reason of,
or as a result of, the acts or negligence of Stroyne,
its agents or employees as related to this Agreement.
10. That paragraph (11) is hereby added as follows:
11) Stroyne warrants that all parking meters or
other materials supplied shall be of good quality, free
from faults and defects, fit for the purposes intended
and shall be warranted as to service and parts for a
period of one year from installation.
11. That paragraph (12) is hereby added as follows:
12) This Agreement constitutes the entire
agreement between the parties. Any amendments hereto
or changes connected herewith must be made in writing
and signed by Stroyne and City.
12. That paragraph (13) is hereby added as follows:
13) This is a personal services agreement whereby
the City has expressly retained Stroyne. This Agree-
ment is not assignable or transferable in whole or in
part without the prior expressed written consent of the
City.
13. That paragraph (14) is hereby added as follows:
14)
Stroyne agrees that it complies with all
State and
Federal regulations pertaining to unlawful
employment
practices, and shall not (1) discharge or
fail to or
refuse to hire any individual, or otherwise
discriminate
against any individual with respect to
compensation,
terms, conditions, or privileges of
employment
because of such individual's race, color,
religion,
sex, national origin, age, handicap or
marital status; (2) limit, segregate or classify
employees
or applicants for employment opportunities,
or adversely
affect any individual's status as an
employee,
because of such individual's race, color,
religion,
sex, national origin, age handicap or marital
status.
14. That paragraph (15) is hereby added as follows:
15) This Agreement is entered into subject to the
provisions of the Charter and Code of Ordinances of the
City of South Miami and applicable Federal, State and
/_ 3
• 0
County laws, all of which are incorporated herein by
reference. Any disputes under this Agreement shall be
settled according to the laws of the State of Florida
and venue shall be in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this
Amended Agreement to be executed in their names by their duly
authorized officers, all as of the day and year first above
written.
WITNESSES:
(CITY SEAL)
CSMSPA
4
STROYNE BROS. SOUTH, INC.
By
RONALD M. STROYNE, P,05SIDENT
CITY OF SOUTH MIAM
By:
IE CTOR FIGUEREDO
CITY MANAGER
P.N 0 .�1 OF T_" E" A':n CITY CO'. • ISSI'?.`< 07 THE CITY OF
S:',: i VT A:• � , F' O?I J?? , (CRA:� T _ii0 A RE-ZO .I ^ +is OF PROPERTY FROM
RS -?, LO:; GF ?:SIBY SI:a �L FA "iLY R;SIDE'S :TIAL TO R' -24, XEDIU'i
1TY .,.C,LTI- FA "ILY R'ESIDF:.:1.4 017 PROPERTY I EGALLY
DEFCRIcEn AS LOT 6 PLUS THE E.19, OF LOT 5, AND LOT 5 LESS
T E E. 10' :'i!RE'OF, OF 3LCCK 1, F AI?OLADE l'_1NOR SUBDIVISION,
AS CORDED AT ?LAT 45, PACE 79, OF TNE PUT3LIC RECORDS
i,F PADc C•j'J \TY, FL,3,-iIDA, A/K /h So0l A?:D -� S.';. 7 L T I i
.EriFAC Fa , S0Tj7—H %11A"•'I, CT 0R DA.
nu�:d y I iE:' ?B -61z)-01
�-L;_., ?.S, the a ^olicp.r� i aS °.7t: °St °C� a zoning elan,-
_ ^om. to R * -24, and the staff rono -n- en nation is for aonroval;
and
tt
Plan -I 7Card, `IOt - i- Cd 7-7 to
Ids'', T., FOR ,
iblic hesrir_ on July 26, 1y,8, the
7rant the rt!T �oct
SE T7 OR DA I':7' BY MAYOR AND
Lv DA:
Section: 1 . . -i - . a request t oe -zone fro^ a
de.siznaticn of 11S -3 to ?'• -2� multi- faz?ily "esiHantial on
orooert» le7allv ! e.- cribed Lac:
Lot a olus the 1 0' o Lot ?, and Lot 5 less the E.
10' therecf, of ?lock 1, Fai ''anor Subdivision,
ns rec7r'('ed at Plat Boo'; +�, -a ,e 7?, of t!) ? PubiiC
.1eco -c3z oI 1% ?_je ro'I']tV, Florida, a /k /a 7801 art 0z'23
�.'•r. 7-?ti; lerr:ce f Sout') -.i am 1c- �a.
t
is nerer;'J 7rante-1.
PASSED AND ADODTED t ^is
AP?RO
'•'AYOR
ATT„ST.
CITY CLERK
READ :iD APPROVED AS TO FORIM:
CITY AlIOP,'.�
sm rezonna.crr,
: .- 0 f
MINUTES
REGULAR MEETING OF THE PLANNING BOARD
Held pursuant to due notice in the Sylva Martin Building
Tuesday, July 26,
7:30 P.M.
Applicant:
Kay Byrne
Request:
Change the zoning from RS -3, "Low-
Density Single- Family Residential" to
RM -24 "Medium Multi- Family Residential
District"
Location:
5801 and 5823 SW 74 Terrace
Legal Description:
Lot 6 plus East 10'of lot 5, Block 1
of "Fairglade Manor" Subdivision and
Lot 5 less East 10', Block 1 of "Fair -
glade Manor" Subdivision recorded in
Plat Book 5 at Pa ge 79 of the Public
Records of Dade County, Florida.
Kay Byrne, owner of
the two properties in question, signed in
and addressed the
Board. She said that the reason she is
making this request
is that the current zoning is not in
compliance with
the adopted Comprehensive Plan which
designates both properties
as High - Density Residential.
MOTION:
Bruce Hoffmann moved for approval.
Susan Kraich seconded the Motion.
Vote:
Approve: 7 Oppose: 0
f City of South Miami
INTER— OFFICE MEMORANDUM
Marien Aran - Spinrad °ATE: July 20, 1988
Director - Building, Zoning
ILd omm ity Development
OW avid He derson sua�ecT• PB Staff Report
Planner Technician
File No: PB -88 -012
Applicant: Kay Byrne
Address: 5801 and 5823 SW 74 Ter
Request: Change of zoning from "Low- Density Single - Family Residential
District" (RS-3) to "Medium Multi- Family Residential District "(RM -24).
Legal Description: Lot 6 plus the East 10' of lot 5 block 1 of "Fairglade
Manor" Subdivision and lot 5 less the East 10', block 1 of
"Fairglade Manor" Subdivision, recorded in plat book 5 at page 79
of the public records of Dade County, Florida.
Background
On August 11, 1987 the Applicant submitted application PB -87 -022 requesting:
1. An amendment to the current Comprehensive Plan's Future Land Use
Map to designate this property for office use, and
2. Rezoning of this property from the RS -3 classification to the
Residential Office classification.
The Local Planning Agency voted unanimously to recommend denial of the
Comprehensive Plan amendment at its meeting of February 23, 1988.
The City Commission voted 3 to 1 to deny the requests at its meeting of
April 25, 1988.
The current (1981) Comprehensive Plan designates this property as "High
Density Residential". This category permits densities ranging from 18 to
24 units per acre, with the more intensive uses nearer the core of the
community.
Section 13 -2 -4 of the City's Zoning Ordinance prohibits reconsideration of
"change(s), in the same or substantially similar form ", for a period of at
least one year, except when denied without prejudice, in which case recon-
sideration is possible after six months.
Analysis
The proposed rezoning complies with both the current and proposed Compre-
hensive Plans.
MEMO -2- July 20, 1988
Y
Zoning Ordinance section 13 -2 -4 does not apply to this application because
this request for rezoning is substantially different from the Applicants
previous request for an amendment to the Comprehensive Plan allowing the
office use.
No additional variances should be required to develop this property
according to the regulations of the RM -24 zone.
Recommendation
Staff recommends approval of the request as it is in compliance with the
Comprehensive Plan (1981).
Z O N I N G P E T I T I O N
Property Description, Location and Legal:
5801 SW and 5823 SW 74 Terrace, South Miami.
Fairglade Manor PB 45 -79 lot 6 plus E 10' of lot 5, Blk 1
Fairglade Manor P3 45 -79 lot 5 less E 10' Blk 1
Request: The Owners of the above property have made the following request:
Change in present zoning from RS -3 (single family low density) to
RIM-24 (high density residential) , to comply with the Comprehensive
Plan.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
-----------
DATE
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50_37 (continued on page 2) Page 1
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PLANNING BOARD
NOTICE OF PU9LIC HEARING
On Tuesday, July 26, 1988 at 7:30 PM in the Sylva Martin Building,
the Planning Board of the City of South Miami will conduct a Public
Hearing on the following; matter:
PB -88 -012
Applicant:
Request:
Location:
Legal Description:
Kay Byrne
Change the zoning from RS -3, "Low - Density
Single- Family Residential" to RM -24, "Medium
Multi- Family Residential District ".
5801 and 5823 SW 74 Terrace
-Lot 6 plus East 10' of lot 5, block 1 of
"Fairglade Manor" subdivision and
-Lot 5 less East 10', block l of "Fairglade
Manor" subdivision.
Recorded in plat book 5 at page 79 of the
public-records of Dade Ccunty, Florida
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AHD FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO -
CECOINGS Is MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED• (F. S. IN. 01 OS)
PUBLIC HEARING WILL BE HOLD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 4110 SUNSET DRIVC, SOUTN
MIAMI, FLORIDA, AT THC TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADC
I[N PERSON AT THE HEARING OR FILED IN WRITING PRIOfi TO OR AT THE HEARING. THE BOARD RESERVES THIC
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARO CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED. THE SOAROfS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
AT A FUTURE DAT[. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
ZONING DIRECTOR BY CALLING 667 -SOI OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
P98f00 -I OZ REV, 12-1 -61
PLANNING BOARD
THIS IS A COURTESY NOTICE
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APPLICANT: Kay Byrne
OW VE R: Kay Byrne
'`';-P REFERENCE: 5801 and 5823 SW 74 Ter.
CC'•`_°•ENTS: Change in zoning from RS -3 "Low- density Single-
Family Residential" to RM -241 "Medium - multifamily
Residential District ".
ITY or MOW AiAMl ow PLAWMING BOARD
Compass
Scale .1" ° 100'
Date. July 12:.1988 .
Drn . PRf .. Chk .... .
Hearing No, ?B.- 88;012
c � �
O:.
AN' ORDI'lA'lCL OF TPE "A i'0. AND CITY CO ".? ^ISSION' 0= T ?E CI : Y OF
SOUTH ',IIA',I, FLORIDA, _E'SIG'.A -'ED THE GEORGE E. ORR ES:ATE AS
A:l HISTO,�IC PROPERTY, SAID DRCDERTY LEGALLY DESCRIBED AS LOT
3, BLOCK 1 OF HE 0, ,F' S POND SURDIVISIO�:, AS RECORDED AT
PLAT 900:C 132, PAGE 34, OF THE PUBLIC RECORDS OF DADS
�G ;i�TY, FLORIDA, A/-:/A 0 46' SU::SET DRI`d'-, SOUTH M1lAi`'.I,
F RIDA.
.4 GE- ?;DA ITa'. P3 -6 -01 1.
:'1EREAS, Fullerton Associates, Inc. has requested that
the ileo �e E. Orr estate be desi ,n3te.i as an :':stork ProDerty
r-)ursu nt to the city. of Scut!; "iami zoning cote, and as required
by the speci =l use oermit resolut ion establishinz the
reveloDmet; and
:1= CREAS, at a p�_i '-iic hearin- on July 26, 106-8, the
P =arrin 03rC voted 7-7 to grant tl'e request.
IT, DAI., ,! RY i:, "" Yl It HE
CI Y ?'. IlSS1G;, Ow �L. CIS _' J� S0TI'"a .`IA' I, �L
GRID ::
Section 1. '1-11-.7-t the ueor?e -. Orr Pst!�te is herety
desiunate(' %s an 'istoric Prooerty, sucr D "oDerty le ^ally
described as:
Lot 3, ;'..oc'/ 1 c_ the Orr's Pond subdivision,
as recorded _t Plat Boo! 13?, Page 34, of the
Pubic Recorls of D? e Countv, Florida, r_/ /A
a Sunset �rl'3 °, Sout'i ia^i, FIori:ia.
Section '. report attached ':ereto
non is 1e ef)I in(nor- =a.:e'' �)v re.feren-e reQardinq
a' tons r e I a t _- c t "C' Ces: n p ` i or
PA SEE) A D ADOPT�n this day of
ATTEST:
CITY CL Ri:
CITY ATTORNEY
sm ?eoraeorr.ord
IN
APPRO': ED
,AYO R
i�+do.
MINUTES
REGULAR MEETING OF THE PLANNING BOARD
.r TUESDAY, JULY 26, 1988
7:30 P.M.
Applicant: Fullerton Associates, Inc.
Request: Historic Designation of George Orr
Estate
Location: 6463 Sunset Drive
Legal Description: Lot 3, Block 1 of the Orr's Pond Sub-
division, Plat Book 132, Page 34,
Dade County Florida's Public Records.
John Fullerton signed in and addressed the Board. He said
that he concurs with this request, and he hopes that the
Board will approve the request for the historic designation
of this beautiful home.
Chairman Cooper asked Mr. Fullerton if this designation is
the last step in the requirements for the PUD.
Mr. Fullerton replied that he thought so.
Susan Redding signed in and addressed the Board. She said
that the Sylva Martin Building and the George Orr Estate have
been approved for historic designation by the Environmental
Review and Preservation Board (ERPB) and once this Board
approves this request, then, the request will go before the
City Commission for approval.
MOTION: Bruce Hoffmann moved to approve.
Larry Ligammare seconded the Motion.
Vote: Approve: 7 Oppose: 0
Am
e04 7
EkPB MINUTES
JULY 5, 1988
Because of the presence of Mr. John Fullerton and Mr. Harry Sasson, the
Chairman moved to item number 5, Public Hearing on the Historic Designa-
tion of the George Orr Estate.
Ms. Susan Perry Redding joined the meeting as a special ERPB member deal -
ing with historic preservation. Mr. Sasson stated that when the platting
of the Orr Estate was done, the street address of the Orr Home was changed
from 6491 to 6463.
MOTION: Diego Saez moved to recommend approval of the
Vote:
ON
nomination of the George Orr Estate for
Historic Designation.
Chairman Johnson seconded the Motion.
Approve: 6 Oppose: 0
r .,o A A
DINANCE NO.
Ai4 ORDINANCE OF THE ;MAYOR A14D CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING TEE PERMIT FEE SCHEDULE OF
THE CITY TO SPECIFY THAT A PERMIT AND FEE IS REQUIRED FOR
THE PAINTING OF COiIMERCIAL STRUCTURES IN THE CITY AND THAT
THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD APPROVE ALL
PERMITS PRIOR TO ISSUANCE.
WHEREAS, the City of South Miami has adopted fee
schedules regarding work to be performed in the City; and
WHEREAS, the Mayor and City Commission' wish to allow
the painting of Commercial Structures provided a permit is issued
upon a fee being assessed.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a permit fee of $ shall be
required for the painting of Commercial Structures in the City,
and that all permits shall require approval by the Environmental
Review and Preservation Board prior to issuance.
Section 2. This ordinace shall become effective upon
adoption.
Section 3. That this Ordinance shall be codified as
part of Ordinance 25 -83 -1185 passed August 15,' 1983, and as the
same has been amended.
PASSED AND ADOPTED this day of ,1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
sm amenfe2.ord
IN
APPROVED
MAYOR
C 7 -Y
ISSTON OF Tl-'-- CITY -JL'
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