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Res. No. 103-00-10996RESOLUTION NO.103-00-10996 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OP THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD REGARDING THE DESIGN FOR EIGHT SINGLE-FAMILY RESIDENCES,LOTS 9,10,13,20, 23,59,60 AND 62,IN THE GABLES EDGE DEVELOPMENT, LOCATED ON MILLER DRIVE. WHEREAS,On November 16,1999,the Environmental Review and Preservation Board (ERPB)reviewed the application for a single- family residence located at 5821 SW 56 terrace;and; WHEREAS,the ERPB deferred the application due to inconsistency in the plans and; WHEREAS,On March 7,2000,the ERPB reviewed the application for the design for eight single-family residence with one model, in which four out of the eight lots the floor plan is reversed and; WHEREAS,the ERPB deferred the application and suggested design variation on the exterior facade of the residences;and WHEREAS,On April 4,2000,the ERPB reviewed the same conditions applied for on March 7,2000 with an additional elevation (exterior facade);and WHEREAS,the ERPB deferred for further study the request for approval of the design for eight single-family homes with one plan and two (similar)elevations;and WHEREAS,the applicant wishes to appeal this decision. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That the appeal to the decision of the Environmental Review and Preservation Board of April 4,2000, regarding the design foreight single-family residences,Lots 9,10,13,20,23,59,60,and 62,intheGablesEdgeDevelopment, located on Miller Driveis hereby denied subject tothe following Findings of Fact,Conclusions of Law and Order. Section 2.Findings of Fact.1)The Whereas clauses are incorporated into these findings;2)the record consists ofthe application,thedocumentsthatareattachedto Agenda ItemNo. 16,the plans submitted tonight and the proceedings before the City Commission;3)the City Commission concurs with the ERPB, that thePlans,as proposed do not provide sufficient variations. Section 3.Conclusion ofLaw.1)The applicable standard tobe applied to these proceedings is Section 20-4.6 (b)ofthe Land Development Code;2)The conclusions ofthe ERPB concerning the deferral is accepted as valid action on the part of the ERPB. Section 4.Order.This matter is referred back to the ERPB for expedited review as requested by the City Commission tobe based upon plans tobe submitted bythe developer showing additional variations,including fenestration,etc. Section 5.The action taken by the City Commission is without prejudice tothe applicant to take further appeal from further action of the ERPB.This isa final order by the City Commission,which is appealible tothe Circuit Court as provided by law.Done and ordered. Section 6. upon approval. This resolution shall take effect immediately idPASSEDANDADOPTEDthis2"°day ofMay,2000. ATTEST: <*-ft<4ZZdO CITY CLERK (As amended 5/2700 READ AND APPROVED AS TO FORM V BTTADMITV /CITY ATTORNEY APPROVED: <?^ MAYOR Commission Vote 5-0 Mayor Robaina Yea Vice Mayor Feliu Yea Commissioner Russell Yea Commissioner Bethel Yea Commissioner Wiscombe Yea CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:April28,2000 Agenda Item #'*^ Re:Comm.Mtg.05/02/00 Request byMr.Jorge Jaen for construction/Gables Edge From:Charles D.Scurr City Manager REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD REGARDING THE DESIGN FOR EIGHT SINGLE-FAMILY RESIDENCES,LOTS 9,10,13,20,23, 59,60 AND 62,IN THE GABLES EDGE DEVELOPMENT, LOCATED ON MILLER DRIVE. BACKGROUND &ANALYSIS: The application first appeared beforethe Environmental Review and Preservation Board on November16,1999,requestingdesignapprovalforasingle-familyresidenceintheGablesEdge community,locatedat5821SW56terrace(lot59).TheERPBdeferredthe application dueto inconsistencyintheplans.TheBoardsuggestedthattheapplicantrevisetheplansinordertoshow thatthefloor plan matches the elevation (exterior facade). AttheMarch7,2000meeting of theERPB,anewapplicant,Mr.JorgeJaen,firstappearedbefore theERPB.Heproposedthepreviouslydeferreddesign of asingle-familyfloorplanforeightvacant lots.Infourout of theeightlotsthefloorplanisreversed.Theexterior facade treatment was essentiallythesameforalltheeighthomes.TheERPBdeferredtheapplicationandsuggestedthat theprojectbestudiedfurthertocreateagreatervariationtotheexteriorfacades. AttheERPBmeeting of April4,2000,theapplicantproposedtwoelevationswithminorvariations. TheBoardandthe staff feltthatthevariationswerenotsignificantenoughtoprovide architecturally pleasing and appropriately scaled varied elevations.The project was again deferred andthe applicant was asked to incorporate the Board's comments fromthe previous meeting. RECOMMENDATION: TheERPBsuggestionstoprovidevariedexteriorarchitecturaldesignfeaturesis reasonable andwill enhancethe appearance of theeightnewhomeswithinthedevelopment.It is recommended that the appeal be denied. Attachments Proposed Resolution for Adoption Copy of request to appeal ERPB decision datedApril 4,2000 Copy of response letter fromCityClerkdatedApril7,2000 Copy of applicant's supplemental appealletterdatedApril 17,2000 Copy of site plan and elevations Excerptminutes of November 16,1999;March 7,2000 andApril 4,2000 ERPB meetings t ff ***XStttX . APPLICA TION TO BE HEARD REGULAR CITY COMMISSION MEETING RECEIVED NAME:Oo^<^0^sJ DATE:^'**A°w'* ADDRESS;^d/CJ AJ^16 Sr-?>-£i<-t Vk,^P<L .!>>fH? TELEPHONE NUMBER DURING BUSINESS HOURS:3oT -6 "!><j -6^6 9^ STATE REASON FOR WHICH YOU WANT TO BEHEARD: O -^^^U.^,Zc^J :,?^,,s7,-. 7)1,.-^--.•an.Uh'V ADDRESS OF PROPERTY IF APPLICABLE:oVtVi l Js _&<i t CO RONETTA TAYLOR.CMC CITY CLERK April 7,2000 Mr.Jorge Jaen 3010 NW 36th Street, Miami,FL 33142 Gity ofSoath ^ifiami B-214 6130 SUNSET DRIVE SOUTH MIAMI,FLORIDA 33143 305 /663-6340 FAX 663-6348 Re:Schedule for Appeal ofthe located at Gable Edge,Lots 59, Dear Mr.Jaen: ERPB decision on 60,13,20,9,10, property 23,62 Please be advised that your request to appeal the above referenced issue has been scheduled before the South Miami City Commission for Tuesday,May 2nd beginning at 7:30 p.m.,in the City Commission Chambers,6130 Sunset Drive.This is a quasi- judicial matter therefore proper advertising requirements must be met.In addition,your reason for appealing the ERPB's decision is too broad.More detailed information outlining your specific issue is required.Please stop my office at your earliest convenience to amend your appeal request. If you require any further information please don't hesitate to give my office a call at 305-663-6340. Sincerely, '7 JX---•7 / Ronetta Taylor,yCMC City Clerk C:Charles D.Scurr,CityManager Subrata Basu,ACM/Planning Director "3 j-^'^:r<;•; APR -/2000 Apr-26-OO 03:46P City clerk 3056636348 P.Ol April 17,2000 GABLES EDGE HOMES 3010 N.W 36 STR1L1.B-2H MTAMT.FiOFTDA.33M;> IFI <306 >f531-6697 City Of South Miami 6130 Sunset Drive South Miami,Florida.33143 Atf Rdnetta Taylor.CMC CityClerk Ref:Gables-Edge lots construction of new homes. Ms.Taylor, We are requesting to appeal our case to the South Miami Board of Commission,due to that the E.R.P.B has requested certain changes toour plans that will change the structure of the homes,and also change the interiorof the bedrooms and Irving rooms. We have triedto comply with the board's decision but at every board meeting we have faced different challenges. We,at Gables Edge Homes are in the best interest to comply with the board's decision, but we feel that we have a good product,that will both comply with the area and sellin the South Miami. We feel very strongly about these homes and the people that will purchase them,but the city has to understand that we can not overbuild a home. We have guideline from bank and property appraisals that willlimit the construction or even the type of construction,if we go over those guidelines there will be no market for these homes and in return the sale of these home will be almost impossible. We would like to address to the commission that we have look over these plans with interior decorators,licensed architect,engineers and potential buyers and they foundnofaultin these plans. Thank youforgiving us this opportunity,If any question please call(305)634-6697 Sincerely RECEIVED APR ''<M3C ih i o,.fc u 13'SW 58T".AV.E...g* Savannah GablesEdgeDevelopment 0 Q U 0 en m a CQ 0 ®. o 3 0 Q Q CITY OF SOUTH MIAMI ENVIRONMENTAL REVIEW &PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Tuesday,April 4,2000 -8:30 AM I.CALL TO ORDER Mr.Shaw,ActingChair,calledthemeetingtoorderat8:40a.m. II.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited inunison. III.ROLL CALL Board members present constituting aquorum Mr.Shaw,Ms.Banks,Mr.Vitalini Board members absent Ms.Mark,Ms.Radosevich,Mr.Whitehead,Ms.Clavijo City staff present Subrata Basu (ACM/Planning Director);Lourdes Cabrera-Hernandez (Planner);David Struder (Board Secretary) IV.REQUESTS A.CONSTRUCTION (LANDSCAPING PORTION)[EB-99-085] Applicant:Hector L.Oliva,AIA Address:6360 Sunset Drive Description:TheBoardapprovedthe building portion of the project, including elevations and colors,atits meeting held on December 21,1999,with the condition thatthe applicant returnfor consideration of the landscaping portion.On March27,2000,the applicant submitted a sketch of landscaping (tree survey)existing atthe vacant lot,asthe Board requested.The applicant intends to detail atthe meeting whatwill happen toanytreesthat have tobe removed due to construction. Recommendation:Staff recommends approval,with the consideration that the Board will discuss the landscaping,both existing and proposed. ERPB MINUTES 04-04-00 1 TheBoardandMr.Goodin briefly discussedthe application. Motion:Mr.Shaw moved approvalas presented.Ms.Bankssecondedthemotion. Vote:Approved 3 Opposed 0 TheBoardcontinuedby considering itemD of theagenda,below. D.RESIDENTIAL CONSTRUCTION -PRELIMINARY [EB-99-082] Applicant:JorgeJaen(forGablesEdge Homes) Address:GablesEdge Description:Theapplicantseeks preliminary approval forconstruction of eightsingle- familyresidencesintheGablesEdge community locatedonMillerDrive.The Board consideredanddeferredthis item on November 16,1999,asanapplicationfor construction of one single-family structure.TheBoardalsodeferredthisapplicationasa preliminary at its meeting heldonMarch7,2000,withthe recommendation thattheapplicationbestudied further,particularly with respecttovaryingtheexterior of theresidences,ratherthan simply "flip flopping"thehomes.OnMarch 31,2000,theapplicant submitted to staff additional information showing twomodels,the "Savannah"andthe"Marbella,"thathave slightvariations.TheapplicantaskedthattheBoard consider colorschemesforthe homes. Also,theapplicant noted thatatree survey of thelotsand proposed landscapingforthe homes will returnatalater time.Pictures of thelotsand color samples forthe homes will bepresentedatthe meeting. Recommendation:Staff recommends further discussion and consideration of the application. Mr.Shaw readthe request into therecord. Staff presented the item totheBoard,notingthattwo models are now included aspart of the application andthat they show only slight variations,such as trim details. Staff also noted thatthe applicant hadnot submitted updatedmaterialuntilMarch 31,well after the deadline of March27,and could therefore only recommend further consideration. Mr.George Jaen spoke asthe representative. The Board,Mr.Jaen,and staff reviewed theapplication. The Board concurred thatthe similarity of thetwo models andthe inclusion of blank walls forthe homes were inappropriate aesthetically forthe community. The Board,in reference toits consideration of the item atits meeting held onMarch7,asked the applicantagainto restudy theproposalandtoreturnforfurther ERPB review. Motion:Mr.Vitalini moved deferralaspresented.Ms.Banks seconded the motion. ERPB MINUTES 04-04-00 3 Vote:Approved 3 Opposed 0 TheBoardcontinuedby considering itemB of theagenda. E.RESIDENTIALCONSTRUCTION-PRELIMINARY[EB-99-086] Applicant:Cesar Elias Molina (for Samcace LLC) Address:6523 Miller Drive Description:TheBoard approved the application ona preliminary basisatitsmeeting heldonMarch21,2000,withtherecommendationtoreviewthegarageentries.TheBoard alsoaskedthatlandscapingissuesberesolvedpriortoanyfinalapproval.Currently,the applicanthasresubmittedwiththesameconditions,inthatthefourgaragesarenexttoeach other.Also,thefinallandscapeplanwasnotsubmittedfor staff toreviewpriortothe meeting,andtheapplicantexplainedthatthefinallandscapingplanwillbepresentedtothe Board atthe meeting. A Chronological outline of the application isasfollows: 03/07/00 TheBoard approves ona preliminary basistheplan,asitrelatestothe platting of ninelotsandlandscaping of thecommunityareaaspinelands.Thefuturesiteplanand building design plans aretobe signed andsealedbyan architect;the landscaping plans are tobesignedand sealed bya landscape architect.Allareto return forERPBreview. 03/21/00 The Board approves theapplicationona preliminary basis,with the recommendation of reviewing the garage entries,inthat they be separated,particularly with respect to requesting the relocation of theFPL easement.The Board also requests that landscaping issues be resolved and landscaping plans include a table indicating replacement of trees previously cutdownwhenthelotwas being cleared. 04/04/00 Staff notesthat Board recommendations and requests havenotbeenmet.Staff recommends disapproval. Mr.Shaw read the request intothe record. Staff presented theitemtothe Board,reviewing the chronological outline,above,and noting their recommendation for disapproval. Mr.Mark Alex Maidique,architect,andMr.Juan Zuniga,spoke as representatives forthe applicant. The Board,Mr.Maidique,and staff discussed the application,particularly with respect tothe placement of the garage entries. Motion:Mr.Vitalini moved approval of theplans,provided that units3&6are "flipped"to separate garages and that architectural treatments areincludedfor unites 7&8;landscaping plans are deferred and are to return for further ERPB review.Ms.Banks seconded the motion. ERPB MINUTES 04-04-00 4 CITY OF SOUTH MIAMI ENVIRONMENTAL REVIEW &PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Tuesday,March 7,2000 -8:30 AM I.CALL TO ORDER Ms.Mark,Chair,called the meeting toorder. II.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited inunison. III.ROLL CALL Boardmemberspresentconstitutingaquorum Ms.Mark,Mr.Shaw,Mr.Vitalini,Ms.Clavijo(departedearly) Board members absent Ms.Banks,Mr.Whitehead,Ms.Radosevich City staff present SubrataBasu(ACM/PlanningDirector);LourdesCabrera-Hernandez(Planner);DavidStruder (Board Secretary) IV.REQUESTS A.SIGNAGEINSTALLATION[EB-00-004] Applicant:AcoliteClaudeUnitedSignCo.,Inc.(for Interval International) Address:6262 Sunset Drive Description:TheapplicantsoughtapprovaltoinstallalandscapesignonSunsetDriveat Board meetings heldon February 1and15,2000.TheBoarddeferredtheapplicationat both meetings with the recommendation thatan alternative be considered;thata statement bepresentedreferencingthatnoothersignagewillbeincluded;andthatarepresentativebe present atthe next Board consideration.The firm involved,Interval International,desires tohavealandscapesignandhasnotifiedstaffthatarepresentativewillbepresentat today'smeeting.Theproposedsignwillbesingle-facedandinternallyilluminated,and groundcoverexistsatthesiteforlandscaping of thesign.Drawingsandphotographswill bepresentedatthemeeting. ERPB MINUTES 03-07-00 1 F.RESIDENTIAL CONSTRUCTION -PRELIMINARY [EB-99-082] Applicant:JorgeJaen(forGablesEdgeHomes) Address:GablesEdge Description:The applicant seeks preliminary approval fornewconstruction of eight single-familyresidencesintheGablesEdge community locatedonMillerDrive.The Board considered and deferred this item on November 16,1999,asan application for construction of one single-family structure.At thistime,theapplicantisproposingeight lotsandone model floorplan with aMediterranean style -lots60,62,10,and13anda reversefloorplan,or "flip-flop,"forlots23,20,9,and59.Theapplicanthasaskedthatthe Board tentatively considercolorschemesforthehomes.Atree survey of thelotsand proposed landscaping forthehomeswill return atalatertime.Pictures of thelotsand color samples forthe homes will bepresentedatthe meeting. Recommendation:Staff recommends preliminary approval. Ms.Mark readthe request intotherecord. Staff presentedtheitemtotheBoard,reviewing informationnotedon today's agenda,above. Mr.GeorgeJaen spoke asthe representative. TheBoard,Mr.Jaen,and staff reviewed theapplication,includingfenestrationandarticulationfor the model. The Board concurred thatdeferral would be necessary inorderto allow theapplicanttoreturn, including consideration of the recommendation thataseight homes arebeingproposed,there should be variations added to the exteriors. Motion:Mr.Shaw moved deferralaspresented.Mr.Vitalini seconded the motion. Vote:Approved 3 Opposed 0 G.RESIDENTIAL CONSTRUCTION -PRELIMINARY [EB-99-086] Applicant:CesarElias Molina (forSamcace LLC) Address:6523 Miller Drive Description:Theapplicant seeks preliminaryapprovalfor construction of nine townhouses,tobecalled Miller Oaks.TheBoard deferred the application atits meeting held on December 21,1999. Please refer to staff memorandum for additional information. Ms.Mark readtherequestintotherecord. Staff presentedtheitemtotheBoard,reviewingan inter-office memorandum entitled New Construction,MillerOaks thathadbeenprovidedtoERPB. ERPB MINUTES 03-07-00 5 CITY OF SOUTH MIAMI ENVIRONMENTAL REVIEW &PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Tuesday,November 16,1999 -8:30 AM I.CALL TO ORDER A.Ms.Mark,Chair,called the meeting to order. II.PLEDGE OF ALLEGIANCE A.The Pledge of Allegiance was recited inunison. III.ROLL CALL A.Board members present constituting a quorum 1.Ms.Mark,Mr.Shaw,Mr.Vitalini B.Board members absent 1.Mr.Whitehead,Ms.Clavijo,Ms.Banks,Ms.Radosevich C.City staff present 1.John Little (Principal Planner) IV.REQUESTS A.EXTERIOR RENOVATIONS [EB-99-080] Applicant:Tomas Ortiz (for Trattoria Sole restaurant) Address:5894 Sunset Drive Description:The applicant seeks approval for exterior renovations tothe Trattoria Solerestaurant,particularly involving windows and doors,asthe establishment willbe expanding intospace formerly occupied by Lee's Pharmacy.The restaurant is located in the Hometown District. Recommendation:Staff recommends approval.The applicant is using the same size andstyle windows forthe west side of the building as now existing onthe Sunset Drive elevation of the building. 1.Ms.Mark read the request intothe record. ERPB MINUTES 11-16-99 1 2.Staff presented theitemtotheBoard. 3.Representatives werepresentfortherequest. 4.The Board,representatives,and staff reviewed therequest. a.The Board discussed thecanopyportion. b.Theapplicantagreedtoreducethewidth of thecanopysoasnottointerferewithexisting post(s)onSW59Avenue;however,theapplicantwithdrewthe canopy portion. 5.Motion:Mr.Shaw moved approval of thewest elevation of the building.Mr.Vitalini seconded the motion. 6.Vote:Approved 3 Opposed 0 B.CONSTRUCTION [EB-99-082] Applicant:Willie Sellers(forAndres Rodriquez,property owner) Address:5821 SW 56 Terrace Description:The applicant seeks approval for construction of a new single-family residence. Recommendation:Staff recommends preliminary approval only,in order (1)for the applicant to submit color rendering/scheme and(2)for discussion of any issues/concerns. 1.Ms.Mark readthe request intothe record. 2.Staff presented theitemtotheBoard. 3.Norepresentativeswerepresentfortherequest. 4.The Board and staff reviewedtherequest. 5.TheBoardandstafffoundthattheelevationsandfloorplanswerenotinagreement. 6.Motion:Mr.Vitalini moved deferral.Mr.Shaw seconded the motion. 7.Vote:Approved3Opposed0 V.REMARKS A.Case number EB-98-034 Applicant:RobertCooper Welsh,Jr. Address:7041 SW 63 Court 1.Ms.Mark noted thattheterm "harassment"shouldbeusedto describe Mr.Welsh's conduct,as recorded inthe Board's minutes for November 2,1999. ERPB MINUTES 11-16-99 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday.Sunoay a*vn Legal Holidays Mian-,:.Munv-Dade County.F!oida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Gookie Williams,who on oath says that she is the Vice President ofLegal Advertising of the MiamiDaily Business Review f'k'a Miami Review,a daily (except Saturday,Sunday andLegalHolidays)newspaper,published atMiami in Miami- Dade County,Florida;that *.he attached copy of advertise ment,being a Legal Advertisement of Notice in the matter of IX >Ou j n V.'h M PUBLIC HEARING-5/2/00 RESOLUTION RE:A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD,ETC. in the KKK????Court, was pub'ishftd in said newspaper in the issues of Apr 21,2000 Affiant further says that tne said Miami Daily Business Review isa newspaper published at Miami in said Miami- Dade County,Florida,and that the said newsDaper has heretofore been continuously published in said Miami-Dade Co'-'nty,Florida,each day (except Saturday.Sunday and Legal Holidays)and has been entered as second class mail matter a;ihe post office in Miami in said Miami-Dade ja,fora period of one year next preceding the of the attached copy of advertisement;and it says that she has neither paid nor promised firm or corporation any discount,reoate,com- (ie purpose of securing this advertise- the said newspaper. (SEAL) Sookie Williams personally kn Cf FiOIAL NOTARY SEAL JANETT LLERCNA COMMISSION NUMBER CC565004 MY OGMM*»ON EXPIRES JUNE 23,2000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY giventhatthe City Commission ofthe City of South Miami,Florida will conductaPublic Hearing duringitsregular City Commission meeting onTuesday,May 2,2000 beginning at7:30 p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider: A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA,RELATING TO AN APPEALFROMADECISIONOFTHE ENVIRONMENTAL RE VIEW AND PRESERVATION BOARDREGARDINGTHEDE SIGNFOR EIGHT SINGLE-FAMILY RESIDENTS,LOTS9,10, 13,20.23.59",60 AND 62,IN THE GABLES EDGE DEVELOP MENT,LOCATEDONMILLERDRIVE. Inquiries concerning this item should be directed tothe Planning Divi sion at:663-6326. ALL interestedpartiesareinvitedtoattendand will beheard. Ronelta Taylor,CMC City Clerk CityofSouthMiami Pursuant toFlorida Statutes 286.0105,theCity hereby advises thepub lic that if apersondecidestoappealany decision madebythis Board. Agency orCommission with respect to any matter considered atits meet ing or hearing,heorshe will needa record ofthe proceedings,and that for such purpose,affected person may needtoensurethata verbatim record of the proceedings ismade which record includes the testimony and evi denceuponwhichthe appeal istobe based. 4/21 00-3-103/46135M