Res. No. 129-04-11908RESOLUTION NO.129-04-11 908
A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TOA REQUEST TO ALLOW FOR
THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY
PROVISIONS SET FORTH IN SECTION 20-4.2(B)OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE MIAMI DADE
COUNTY CODE PERTAINING TO A WAIVER OF PLAT FOR PROPERTY
LOCATED AT 6706 SW 67 AVENUE,SOUTH MIAMI,FLORIDA WITHIN AN
"RS-1"ESTATE RESIDENTIAL ZONING USE DISTRICT;PROVIDING FOR
A LEGAL DESCRIPTION;AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,Mr.Jose Gonzalez,owner of the property located at 6706 SW 67th Ave.,
submittedanapplicationrequestingawaiver of plat,pursuanttoSection20-4.2(B)of theLand
SubdivisionRegulations,thepurpose of theapplicationbeingtocreatetwo building sites;and,
WHEREAS,the Planning Department staff has recommended approval of the application
with conditions,which is based uponthemerits of the application asit relates to requirements in
theLand Development Code;and,
WHEREAS,the Planning Board atits July 13,2004 meeting adopted a motion by a vote
of Ayes6andNays0,torecommendapproval of thewaiver of plat application withcertain
conditions;and,
WHEREAS,the Mayor andCity Commission of the City of South Miamidesireto
approve the tentative plat pursuant toSection20-4.2(b)of theLand Subdivision Regulations.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA THAT;
Section1.The application submittedby Mr.Jose Gonzalez,owner of thepropertylocatedat
6706 SW 67th Ave.and legally described in Attachment "A",requesting a waiver of plat,
pursuanttoSection20-4.2(B)of theLandSubdivisionRegulationsinordertocreatetwo
building sites is hereby approved,subject tothe following conditions:
(1)The applicant/owners must construct a pedestrian sidewalk on SW 67th Avenue prior to or as
part of theconstruction of eachnewsinglefamilyhome.Thesidewalkshallbeconstructedin
accordance with the standards setforthbytheMiamiDade Public Works Department;
(2)Thesubmittedsiteplan,asamendedbyConditionNo.1above,isapprovedandshallbe
reflected inall future design/construction plans for the parcels;
(3)All non-conforming yard features aretobe removed prior toanynew construction.
(2)
Pg.2 of Res.No.129-04-11908
Section 2.The City Administration is instructed to advise Miami Dade County in
writing thatitisthe City's request thatany reconstruction of the bikeway/sidewalk
along SW67 Avenue (east side of property)should takeinto account the current
natural contour of the land.
Section3.The granting of this waiver of platis consistent with the following review
criteria set forth in LDC Section 20-4.2(B):
(a)The building sites created areequaltoor larger thanthe majority of
the existingbuilding sites and of the same character asthe surrounding
area;
(b)The building sitescreatedwouldnotresultin existing structures
becoming nonconforming as they relate to setbacks and other
applicable regulations of these land development regulations;
(c)The building sitescreatedarefree of encroachments from abutting
buildable sites.
Section 4.LEGAL DESCRIPTION:SEE ATTACHMENT "A"
Section 5.The site plan submitted on July 7,2004,bythe applicant,as part of the
recordforthisCity Commission meeting preparedby HADONNE Inc.Professional Land
Surveyors and Mappers,shall be amended assetforthin Condition No.1 above and shall serve
asthe guiding planfor development of thesite.
Section 6.This resolution shalltake effect immediately upon approval.
PASSED AND ADOPTED this 3rd day of August ,2004.
ATTEST:
READ AND APPROVED AS TO FORM:
See Attachment "A"
E:\Comm Items\2004\3-2-04\Waiver of Plat 6200 SW67 Ave Rcsol.doc
APPROVED:
Commission Vote 5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
South Miami
AIl-AmertcaCity
2001
CITY OF SOUTH MIAMI
To:HonorableMayor,ViceMayorand
Commission Members
Date:August 3,2004
ITEM No..
RE:Waiver of Plat
6706 SW 67th AvenueFrom:Maria Davis
City Manager
RESOLUTION
A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH^Sf^R^A RELATING TO AREQUEST TO ALLOW FOR THE CREATION OF^^WLDABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH ^SECTION
20 42(B)OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28-4 OF
THE MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT FOR
PROPERTY LOCATED AT 6706 SW 67 AVENUE,SOUTH MIAMI,FLORIDA WITHIN AN
"RS-1"ESTATE RESIDENTIAL ZONING USE DISTRICT;PROVIDING FOR A LEGAL
DESCRIPTION;AND PROVIDING FOR AN EFFECTIVE DATE.
The applicant,Jose Gonzalez,has submitted an application for Waiver of Plat in ordei-to divide>a
2 23 acre tract of land described as property Folio 09-4026-008-0010 located at 6706 SW 67
Avenue.The applicant wishes to divide the tract into Parcel 1with 48,164 square feet of lot area
and Parcel 2 with 49,188 square feet oflot area.Both parcels would face SW 67 street.
APPLICABLE REGULATIONS
LandDevelopmentCode
•Section 20-3.5
•Section 20-4.2(b)
Dade County Code
•Chapter 28-4
Dimensional Requirements (Attached)
Land Subdivision Regulations (Waiver ofPlat)(Attached)
Subdivision Regulations
WAIVER OF PI AT REGULATIONS •wTheLandDevelopmentCodespecifiesthatthePlanningBoardfirstreviewsapplicationsbefore
they go to the City Commission.In addition to having to meet minimum zomng standards,
Waiver-of Plat applications are to be reviewed by the Planning Board and City Commission on
the basis of neighborhood compatibility.Specifically,three criteria are applied:
(a)Whether the building sites created would be equal to or larger than
the majority ofthe existing building sites and ofthe same character as
the surrounding area (this shall be demonstrated using copies ofthe
Waiver ofPlat -6706 SW 67"'Ave.
August3,2004
Page 2
official plat maps for the subject property and surrounding
neighborhood).
(b)Whether the building site created would result in existing structures
becoming nonconforming as they relate to setbacks and other
applicable regulations of these land development regulations.
(c)Whether the building site created would be free of encroachments
from abutting buildable sites.
The City Commission may designate additional conditions in connection with a waiver-of-plat,
in order to assure that the proposed subdivision of land conforms tothe above requirements.
This provision could be used,for example,to ensure the retention of trees on the subject
property.
ZONING SUMMARY
Parent Tract
(a)Zoning Designation:RS-1 "Estate Residential"
(b)Use:Single-Family
(c)Lot size:97,353 s.f.Minimum lot size 40,000 s.f.required.
(d)Building Frontage:322 feet.Minimum frontage 125 feet required.
Parcel "1":
(a)Zoning Designation:RS-1 "Estate Residential"
(b)Use:Single-Family
(c)Lot Size:48,164 s.f.proposed.Minimum lot size 40,000 s.f.required.
(d)Building frontage:159 feet proposed,Minimum frontage 125 feet required.
Parcel "2":
(a)Zoning Designation:RS-1 "Estate Residential"
(b)Use:Single-Family
(c)Lot Size:49,188 s.f.proposed.Minimum lot size 40,000 s.f.required.
(d)Building frontage:138 feet proposed,Minimum frontage 125 feet required.
STAFF OBSERVATIONS
(1)The proposed waiver of plat would create two single residential properties,zoned RS-1
"Estate Residential".Both of the proposed parcels exceed the RS-1 minimum required lot size
and street frontage.
(2).The applicant's submitted site plan shows a new single family home on each parcel.All of
the existing structures currently on the site are to be removed.Most of the existing trees and
other landscape features will be saved.The frontage of the property on SW 67th Ave.has an
unusual sunken pedestrian walking area.The applicant should be required to build a sidewalk
along the frontage of the two parcels facing SW 67th Street.The approval of the waiver of plat
should include asa condition the approval ofthe submitted site planwiththe addition ofthe
pedestrian sidewalk.(Note:Staff at the meeting,concurred with the Board that the most
appropriate pedestrian walkway reconstruction to be required of the applicant would be
Waiver ofPlat-6706 SW6f'Ave.
August3,2004
Page 3
along SW 67th Avenue (Ludlam)side ofthe property.
(3)The property is across the street on the east side from a PUD-R zone (Davis Gardens);south
is the RS-2 zone (single family);north /west is the RS-1 zone (single family).
(4)An analysis of the size of 44 surrounding lots within the standard 500 foot radius indicates
that the both parcels would be larger than 84%of the surrounding comparable single family
home sites.(PUD-R site not included).The proposed parcels are larger than all other surrounding
single family building sites in the RS-2 and RS-3 zones.Within the RS-1 zone district Parcel 2
will be larger than 61%of the sites and Parcel 1 will be larger than 46%of the sites in that
district..(A staff produced list and map showing the lot sizes within the 500 foot radius is
attached).
(5)The new building sites created will be free of any encroachments,which could impact
construction or dimensional requirements.
PLANNING STAFF RECOMMENDATION
The waiver of plat application meets the basic criteria forjudging a request,relating to lot size,
non-conformity,and encroachments.Itis recommended that the waiver of plat application be
approved with the following conditions:
(1)The applicant/owners must construct a pedestrian sidewalk on SW 67th Avenue prior to or as
part ofthe construction ofeach new single family home.The sidewalk shall be constructed in
accordance withthestandardssetforthbytheMiamiDadePublicWorks Department;
(2)The submitted site plan,as amended by Condition No.1 above,is approved and shall be
reflected inall future design/construction plans forthe parcels.
PLANNING BOARD ACTION
The Planning Board at its July 13,2004 meeting adopted a motion by a vote of6 ayes 0 nays to
approve the requested waiver of plat with the following conditions:
(1)All non-conforming yard features are to be removed prior to any new construction;
th(2)The applicant must replace the current pedestrian walkway on the west side of SW 67
Avenue withabike-pathbuiltto County standards;
RECOMMENDATION
After the meeting the Planning Department advised the applicant that a bike-way construction
along SW 67th Avenue (Ludlam)was not acceptable to the City because this area is not
connected toa County bike-way path.The Planning Board's action included a requirement in
which the applicant would re-construct the existing "path"to a County bike-way path standards.
Staff has conducted further investigation and this is not designated asa bike path.Itis standard
procedure to require sidewalks be constructed within a new subdivision.The applicant was
advised that construction ofa full pedestrian sidewalk on SW 67th Avenue (west side of the
street)would be a required condition.However,the applicant may wish as an alternative,to
Waiver ofPlat-6706 SW 67"'Ave.
August3,2004
Page A
construct a sidewalk connection on the east side ofSW 67th Avenue.The applicant has stated his
choice would beto make the improvements along the west side ofSW67 Avenue adjacent to
the subject property.
Itis recommended that the waiver of plat application be approved with the following conditions:
(1)The applicant/owners must construct apedestrian sidewalk on SW 67th Avenue prior to or as
part ofthe construction ofeach new single family home.The sidewalk shall be constructed in
accordance withthe standards set forth bythe Miami Dade Public Works Department;
(2)The submitted site plan,as amended by Condition No.1 above,is approved and shall be
reflected in all future design/construction plans for the parcels;
(3)All non-conforming yard features are to be removed prior to any new construction.
Attachments
DraftResolution
Application
Location Map
Property Survey/Waiver ofPlat
Siteplan-newhomes
Survey ofproperty sizes(map/list)
LDC Regulations applicable
Planning BoardMinutes 7-13-04 Excerpt
Public Notices
MD/DOD/SAY J00K/
E:\Comm Items\2004\8=3-04\6706 SW67AvWaiver Repoitdoc
ATTACHMENT "A"
I,KG AT,DESCRIPTION-6706 SW 67th AVENUE
PARENT TRACT
Tract 1 of,"NELSON HOMESITES",according tothe Plat thereof,as recorded in
Plat Book 39,at Page 57,ofthe Public Records of Miami-Dade County,Florida.
Containing 97,353 square feet (2.23 Acres)more or less by calculations.
PARCEL 1
TheWest159feet of Tract1 of "NELSON HOMESITES",accordingtothePlat
thereof,as recorded in Plat Book 39,at Page 57,of the Public Records of Miami-Dade
County,Florida.
Containing 48,164 square feet (1.11 Acres)more or less by calculations.
PARCEL 2
Tract 1,less the West 159 feet of "NELSON HOMESITES",according tothePlat
thereof,as recorded inPlat Book 39,at Page 57,ofthe Public Records of Miami-Dade
County,Florida.
Containing 48,188 square feet (1.13 Acres)more orlessby calculations.
Property Address:6706 SW 67th Avenue,South Miami Florida 33143
Folio No.:09-4026-008-0010
E:\Comm Items\2004\8-3-04\Legal Desc6200SW67 Avcdoc
MIAMI DAILY BUSINESS REVIEW
PublishedDailyexceptSaturday,Sundayand
Legal Holidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersignedauthoritypersonally appeared
O.V.FERBEYRE,whoon oath says thatheor she isthe
SUPERVISOR,LegalNoticesofthe Miami Daily Business
Reviewf/k/aMiamiReview,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,published at Miami in Miami-Dade
County,Florida;thattheattachedcopyof advertisement,
beinga Legal Advertisement of Notice inthematterof
CITYOF SOUTH MIAMI -PUBLICHEARING-8/3/2004
FORTHECREATIONOFTWO BUILDABLE LOTS,ETC.
in the XXXX Court,
was published insaidnewspaperintheissuesof
07/23/2004
Affiant further says thatthesaid Miami Daily Business
Review isanewspaper published at Miami insaid Miami-Dade
County,Florida andthatthesaidnewspaperhas
heretofore been continuouslypublishedinsaidMiami-DadeCounty,
Florida,eachday(exceptSaturday,Sundayand Legal Holidays)
and has been entered as second class mail matter atthe post
officeinMiamiin said Miami-Dade County,Florida,fora
period ofoneyearnext preceding the first publication ofthe
attachedcopyofadvertisement;and affiant further saysthatheor
shehasneitherpaidnorpromisedanyperson,firm or corporation
any discount,rebate,commission or refund for the purpose
of securing^his advertisement for publication inthesaid
newspape
tfo&xA<U£^L
T
Sworn to and subscribed before me this
23 LY
(SEAL)
O.V.FERBEYRE persona^ll^^owrfvtDOaenmission DD293055
^f^jr Expires March 04,2006
77^8^2004
Maria I.Me$3
•:•
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
:
NOTICE IS HEREBY giventhatthe City Commission of theCityof
South Miami,Florida will conduct PublicHearings duringitsregularCity
Commission meetingon Tuesday,August 3,2004 beginning at7:30
p.m.,inthe City Commission Chambers,6130Sunset Drive,to consider:
-_:.i
A RESOLUTION OFTHE MAYOR &CITY COMMISSION OF
THE CITY OF SOUTH.'MIAMI,FLORIDA,RELATING TO A
REQUEST TO ALLOW FOR THE CREATION OF TWO BUILD-
ABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH
IN SECTION 20-4.2(B)OFTHESOUTH MIAMI LANDDEVEL
OPMENT CODE AND SECTION 28-4 OF THE MIAMI DADE
COUNTY CODE PERTAINING TOA WAIVER OF PLAT FOR I
PROPERTY LOCATED AT6706SW67 AVENUE,SOUTH I
MIAMI,FLORIDA WITHIN AN "RS-1"ESTATE RESIDENTIAL I
ZONINGUSEDISTRICT;PROVIDINGFOR A"LEGAL f
DESCRIPTION;AND.PROVIDING FOR AN EFFECTIVE/
DATE.^
.A RESOLUTION.OF THE MAYOR &CITY COMMISSION OF
THECITYOF SOUTH MIAMI,FLORIDA,RELATING TO A
REQUEST FOR APPROVALOFTHE FOLLOWING TWQ^
PARKING VARIANCES JN ORDERTOPERMrr;PROPERTY
LOCATED AT 6230 SW 70TH STREET IN AN "RO".RESIDEN
TIAL OFFICE ZONING USE DISTRICT TO BE USED AS A
COMMERCIAL OFFICE BUILDING:(1)VARIANCE FROM
SECTION20-4.4(B)(10)OFTHE LAND DEVELOPMENT
CODE TO ALLOW FOUR OFF-STREET PARKING SPACES
WHERE THE REQUIRED OFF-STREET PARKING IS FIVE
SPACES;(2)VARIANCE FROM"SECTION:20-4.4(F)(3)OF
THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED
PARKING TO BE LOCATED IN THE FRONT SETBACK AREA
WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT:
AND PROVIDING FOR AN EFFECTIVE DATE.
Inquiries concerningthisitemshouldbedirectedtothePlanning
Department at 305-663-6326.
ALL interested partiesareinvitedto attend and will beheard.•..-'•.•...-.••._.•-.•_'•;•-'••••'..••••'••.i
MariaM.Menendez •.
.'City Clerk
Cityof South Miami
."'.•'•'"".:'.'"•'•!
Pursuant to Florida Statutes 286.0105,the City hereby advises the j
public thatifapersondecidestoappealanydecisionmadebythis Board,;
Agencyor Commission with respecttoanymatterconsideredatits •
meetingorhearing,heorshe will needarecordoftheproceedings,and
thatfor such purpose,affected person may need to ensure thataverbatim
record of the proceedings is made which record includes the testimony |
and evidence upon which the appeal isto be based.
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On Tuesday,August 3,2004,beginning at7:30 p.m.,inthe City
Commission Chambers,6130 Sunset Drive,the City Commission will
hold Public Hearingsto consider the following items:
1.A RESOLUTION PERTAINING TOAWAIVEROFPLAT RELATING TO
A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE
LOTS AT 6706 SW67 AVENUE,SOUTH MIAMI,FLORIDA.
2.A RESOLUTION RELATING TO A REQUEST FOR APPROVAL OF
TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY
LOCATED AT 6230 SW 70TH STREET IN AN "R0"(RESIDENTIAL
OFFICE)ZONING USE DISTRICT TO BE USED ASA COMMERCIAL
OFFICE BUILDING.
Maria M.Menendez
City Clerk
For more information please contact the Planning Department at:663-6326.
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City of South Miami
Planning &Zoning Department
6130 Sunset Drive,South Miami,Florida 33143
Telephone:(305)663-6327 Telefacsimile:(305)666-4591
Application For Waiver of Plat
Address of Subject Property:67Q6 sw 67 AVg
Meets &Bounds:.?.
Applicant:JOSEE#GONZALEZ
Representative:
Address:
Property Owner LEE p SBMU>&w ^Km L
Mailing Address:6706 SW 67 AVE
Surveyor^pjORE &ASSOCIATES
Lot(s)•Block
PB 39 -57
Phone:305-595-3735
Organization:
Phone:
Signature:;
Phone:305-661-2461
Phone:
305-221-3040
Subdivision NELSON
HOMESITES
TRACT 1
ASTHE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIPS THIS PROJJECT:
__Owner __Owner's Representative XContract to purchase Option to purchase Tenant/Lessee
Please answer the following:
Zoning District rs-1
Septic Tank or Sewer SEPTIC TANK
Public or-Well Water Supply,well WATER
Lot Frontage(s):305
NetLotArea(s):97,574 SQ FT
Setbacks forExistingBullding(s):50/25/12.5/25
ExistingBuilding Coverages):3.951 so FT
ExistingImperviousCoverage(s):1700 sq FT DRIVE
FAR.(ForCommercialOnly):
Abutting Streets /Right-of-way's:sw 67 STRFgT &SW 67 AVF
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
X ApplicationForm t*~
j£Warranty Deed(s)iS"
rX Letter from Owner(s)1/
Power of attorney
JC Contract to purchase "^
.X.Waiver of Plat(22 copies)
(Signed &Sealedbya Registered Surveyor)
XRequiredFee •"
X.Existing Tree survey *
j&Proposed Site Pla(T§^
The undersigned has read thisj&rapleted application and represents that the information and all submitted materials are true and
correct to ttfe best offee applicant's knowledge and belief.
mApplicant's Signature and title
Upon receipt,applications aS^ajHubmitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations.Applications ibund not in compliance will berejected and returned to die applicant
OFFICE USE ONLY:
Date Filed City Approval CountyApproval
Concurrency
Method of Payment
Rev.11-12-02 ye-fU^T^y sa*J»a<3&&y g>/&/0</
300
City of South Miami
PB-04-010 Waiver of Plat
6706 SW 67th Avenue
600 900 1,200
Feet
1,500
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7040
CO.-i co
6924
6935
6944
6945
6954
6955 7008
.7009
7028'
7049 7048
REV 07-01-04 (LF)
RS-1
37,897
43,500
43,560
43,996
46,391
47,787^
48,787*
48,918
49,905*
53,884
54,450
74,923
97,705
WAIVER OF PLAT
6706 SW 67 AVENUE
RS-2
15,320
17,375
17,377
17,492
17,526
17,625
17,632
17,632
17,632
17,731
17,750
17,753
17,753
17,793
18,326
21,472
21,838
21,859
RS-3
9,238
9,686
9,713
10,400
10,400
10,455
11,481
11,481
12,007
12,130
12,358
12,358
43,560
20.3.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(D)Reserved.
REQUIREMENT
MLq.Lot Size
Net Area (sq.ft.)
Frontage (ft.)
Min.Yard Setbacks (ft.)
Front
Hear
Side (Interior)11
Side (Street)
Max.Building Height
Stories
Feet
Max.Building Coverage (%)
Max.Impervious Coverage (%)
Section 20-3.5E
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY DISTRICTS
RS-1 RS-2 RS-3 RS-4 RS-5
40,000.15,000 10,000 6,000 6,000
125 100 75 60 50
50 35 25 25 25
25 2525 25 25
For struc 12.5 10 7.5 7.5b 7.5b
ture V2f or
less in
height,as
mea
sured
from the
first floor
finished
floor ele
vation
Portion of 25 20 15c 10°7.5
structure
above 1?
high as
mea
sured
from the
first floor
finished
floor ele
vation
20 15 15 15 15
2 2 2 2 2
25 25 25 25 25
First floor 20 30 30 30 30
Second
floor:%of
the first
floor
60 60 60 60 60
30 40 40 45 45
a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
b Except that additionstoexistingstructuresmayhave5feetinteriorsidesetbackswhere
any portion of the building already has a5 feet setback.
c For pre-existing improved lots of record in the RS3or RS4 districts,that are 50 feet or less
in lot width,the second floor setback shall be the same as the first floor setback.
Supp.No.8 50'
OTHER REGULATIONS 20^2
20-4.2 Landsubdivision regulations.
(A)Applicable Regulations.The subdivision of all land within the city shall be sub,Vrf MChapter28oftheDadeCountyCodeofOrdinancesandadministeredX,ZdJs £lZ
Department of Public Works.County
JSLPlTd^t?"n?Um*-^"^building or structure h^after erected,moved orspirallyalteredwithinthecityshallbelocatedonaplattedlot,except tnat £e city
CoTr^may T"P ^C°mpUanCe **aCCOTdanCe ^SeCtion 28"4 <**•CountyCodeandtheproceduressetforthbelow.bouncy
(1)Waiver-of.piat Awaiver-of-plat may be approved by the city commission.Prior to citv
commission approval the application shall be reviewed by the planning board The
subject property shall be posted ten (10)days prior to the planning board review of the
apphcafaon and mailed notice shall be provided to all property owners within a five
hundred-foot radius of the subject property.TO
(2)City Commission Findings.Prior to approving awaiver-of-plat,the city commissionshallusethefollowingguidelines:commission
(a)The building site created by the proposed waiver-of-plat will be equal to or lareer
than the majority of the existing building sites and of the same character as L
surrounding area (this shall be demonstrated using copies of the official plat
maps for the subject property and surrounding neighborhood).
(b)The building site created by the proposed waiver-of-plat will not result in exist™
structures becoming nonconforming as they relate to setbacks and other andi
cable regulations of these land development regulations.'
(0 The building site created by the proposed waiver-of-plat will be free of encroach
ments fromabutting buildable sites.
..(3)Additional Conditions.The city commission may designate such additional conditionsmconnect™writ awaiver-of-plat as will,in its opinion,assure that such waived
plat will conform tothe foregoing requirements.
(4)Additional Application Requirements.As part of the required waiver-of-plat applica-bon applicants shall be required to submit aproposed site plan for L rSZ
buddnng parcels,an existing tree survey (may be included in property survey)which
shall mdicate any proposed tree removal or relocation necessary,and,if so fte
appropriate city application for tree removal or relocation.
(C)Improvements Required.
(1)Sidewalks,curbs,gutters,drainage and paving shall be installed by the developer inac^rdance with Chapter 28 of the County Code and other applicable city requL"
mente,unless such can be and are waived or deferred by the city commission
G)22*5!Shf heereCtet'0^^«"*«*^red or enlarged in any zoning use
htrb^r-Mresidentiai d*d*-*-—«-*^~t:
Supp.No.7 __
2°-4-2 SOUTH MIAMI LANDDEVELOPMENTCODE
(D)Creation of Authorized Building Sites.
(1)No building permit for the construction of any structure within the city shall be issued
until an authorized building site has been created which meets at least one (1)of the
following criteria:
(a)Ispartofa recorded subdivision plat;
(b)Ispartofan officially approved planned unit development which:
i.Provides for all utility and drainage easements,alleys,streets and other
public improvements necessary to meet the normal requirements for plat
ting,and
ii.Includes the designation of building areas and easements,alleys and streets
required and properly dedicated,and necessary public improvements;or
(c)Fronts upon a dedicated public street and was separately owned prior to the
effective dateofthis Code or annexation tothe city;
(2)Wherever there exists a single-family dwelling unit which was constructed on a
building site containing two (2)or more platted lots,the nonconforming lot of record
provisions inthis Code shall apply.
(3)Established building sites shall not be reduced in any manner to a size which is less
than that requiredforthe zoning districtinwhich located.
LOrd.No.9-02-1777,§1,9-17-02;Ord.No.22-01-1753,§1,10-2-01)
20-4.3 Sign regulations.
(A)Purpose and Intent.Regulations affecting the design,erection and maintenance of signs
are established for the purpose of ensuring equitable means of graphic communication,while
mamtaining a harmonious and aesthetically pleasing visual environment within the city.It is
recognized that signs form an integral part of architectural building and site design and
require equal attentionintheir design,placement and construction.
(B)Applicability and Definitions.No sign,unless herein excepted,shall be erected,
constructed,posted,painted,altered or relocated,until a permit has been authorized and
issued by the Building and Planning Department pursuant to this Code and the required
submittals in Section 20-4.3(J).Signs in all zoning districts,except for PUD districts,shall be
subject to the regulations in this section.Permitted sign regulations for PUD districts are •
referenced in those sections of this Code.Words and phrases used in this section shall have the
meanings set forth below.
Beacon.Shall mean any light with one single,vertical beam directed into the atmosphere.
Pole Sign,portable commercial parking lot.Shall mean a single freestanding pole,not
exceeding an overall height of six feet.The pole sign is restricted to the international parking
symbol of P inside a circle with an area not exceeding 2.5 sq.ft.The sign shall have a reflective
surface.
Supp.NO.7 rjQ
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,July 13,2004
City Commission Chambers
7:30 P.M.
EXCERPT
L Call to Order and the Pledge of Allegiance to the Flag
Action:The meeting was called toorderat7:47P.M.
Action:ThePledge of Allegiancewasrecitedinunison.
II.Roll Call.
Action:Mr.Morton,Chairperson,requestedarollcall.
Boardmemberspresentconstitutingaquorum:Mr.Morton,Ms.Yates,Ms.Gibson,
Mr.Comendeiro,Mr.Liddy,andMr.Illas.
Board members absent:Mr.Mann.
City staff present:Don O'Donniley (Planning Director),Sanford A.Youkilis (Planning
Consultant),GremafReyes (Video Support),and Patricia E.Lauderman (PlanningBoard
Secretary).
PB-04-010
Applicant:JoseGonzalez
Location:6706SW 67th Ave.
Request:A RESOLUTION OFTHE MAYOR &CITY COMMISSIONOFTHE CITY
OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST TO ALLOW FOR THE
CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET
FORTH IN SECTION 20-4.2(B)OF THE SOUTH MIAMI LAND DEVELOPMENT
CODE AND SECTION 28-4 OF THE MIAMI DADE COUNTY CODE PERTAINING
TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 6706 SW 67 AVENUE,
SOUTH MIAMI,FLORIDA WITHIN AN "RS-1"ESTATE RESIDENTIAL ZONING
USE DISTRICT;PROVIDING FOR A LEGAL DESCRIPTION;AND PROVIDING
FOR AN EFFECTIVE DATE.
Planning Board Meeting
July 13,2004
Page 2 of3
Note:Chairman Mr.Morton returned to the meeting.
Action:Mr.Comendeiro read the item into the record.Mr.O'Donniley presented the staff
report.HeexplainedthattheapplicanthassubmittedanapplicationforWaiver of Platin
order to divide a2.23acre tract of land described as property Folio 09-4026-008-0010
located at 6706 SW 67th Avenue.The applicant wishes to divide the tract into Parcel 1 with
48,164 squarefeet of lotareaandParcel2with 49,188 squarefeet of lotarea.Bothparcels
wouldfaceSW 67th Street.
Mr.O'Donniley stated thatin addition tohavingmeet minimum zoning standards,waiver-
of-platapplicationsaretobereviewedbythePlanningBoardandCityCommissiononthe
basis of neighborhood compatibility.(Healsomadethefollowing staff observations:
(1)The proposed waiver of platwouldcreatetwosingle residential properties,zonedRS-1
"Estate Residential".Both of the proposed parcels exceed theRS-1 minimum required
lot size and street frontage.
(2)The applicant's submittedsiteplanshowsanewsinglefamilyhomeoneachparcel.
All of the existing structures currently onthesitearetobe removed.Most of the
existing treesand other landscape featureswillbesaved.The frontage of the property
on SW 67 Ave.hasan unusual sunken pedestrian walking area.The applicant should
be required to build a sidewalk along the frontage of the two parcels facing SW 67th
Street.Theapproval of thewaiver of platshouldincludeasa condition the approval of
the submitted site plan withthe addition of the pedestrian sidewalk.
(3)ThepropertyisacrossthestreetontheeastsidefromaPUD-Rzone(DavisGardens);
southistheRS-2zone(singlefamily);north/westistheRS-1zone (single family).
(4)Ananalysis of thesize of 44surroundinglotswithinthestandard 500-foot radius
indicatedthatbothparcelswouldbelargerthan84%of the surrounding comparable
single-familyhomesites.(PUD-Rsitenotincluded).Theproposedparcelsarelarger
thanall the other surrounding singlefamily building sitesinthe RS-2 andRS-3.
Within theRS-1 zone district Parcel 2willbe larger than 61%of the sites and Parcel 1
willbe larger than46%of thesitesinthatdistrict.
(5)Thenewbuildingsitescreatedwillbefree of anyencroachments,whichcouldimpact
construction or dimensional requirements.
TheBoard,applicantand staff discussedthisrequest.TheapplicantstatedtotheBoardthat
he preferred to repair the sidewalk on SW 67th Avenue,rather than create a new sidewalk
on SW 67th Street.Board member Ms.Yates stated that she considered it important for
everymajorroadwaytohaveasidewalk.TheBoardand staff also commented onthe
possibility of raisingthesidewalkhigher.
At this point,Mr.Morton opened the public hearing
Planning Board Meeting
July 13,2004
Page 3 of3
Applicant:Jose Gonzalez
Speakers:
NAME ADDRESS
Manny Mora 6761 SW 68th Street Supported application
Mr.Mora stated hedidnot have any objection with the waiver ofplat.However,hedidnot
agreewithcreation of anewsidewalkonSW 67th Street.
Chris Kursner Neutral
Ms.Kursner indicated she considered the guardrail on SW 67th Avenue of great
importance and indicated thatifit were removed,inordertoputawider concrete sidewalk
thenthebeauty of theareawouldberuined.Inadditionshesaidshewouldliketoseethe
area surrounding the sidewalk cleaned up.Finally,she stated her preference forthe
construction of onehouseontheproperty.
David Tucker,Sr.6556 SW 78th Ter.Supported application
Mr.Tucker spokeabouttheBoard's consideration for raising the sidewalk onSW 67th
Avenue;hestatedthe importance of having drainage forthearea if thatweredone.
Martha Gonzalez 6740 SW 67th St.Supported application
Ms.Gonzalez stated she would like two houses built onthe property and disagrees withthe
creation ofthe sidewalk on SW 67th Street.She noted that SW 67th Avenue really needs
improvement.
Karen Sevald 6706 SW 67th Ave Supported application
Ms.Sevald (current owner)informed the Board that a natural sink whole was converted
intowhatnowisthepond/poolandgrotto.
The Board,staff,and applicant discussed the site plan because it appeared onthe site plan
that the pond was being removed.The applicant clarified that he intends on keeping the
pond.Staff then concurred with the Board that the most appropriate pedestrian walkway
reconstruction tobe required of the applicant would be along SW 67 Avenue (Ludlam)
side of the property.
Motion:Mr.Comendeiro made a motion to approve the waiver of plat with the following
conditions:
(1)All non-conforming yard features are tobe removed prior to any new construction;
(2)The applicant must replace the current pedestrian walkway onthewestsideofSW
67th Avenue with a bike-path built to County standards;
Ms.Gibson seconded the motion.
Vote:Ayes6Nays0