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Res. No. 152-00-11045RESOLUTION NO.152-00-11045 A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A WAIVER OF PLAT,PURSUANT SECTION 20-4.2(B)LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE COUNTY CODE,REGARDING THE PROPERTY LOCATED IN THE RS-1 "ESTATE RESIDENTIAL"ZONING DISTRICT, SPECIFICALLY LOCATED AT 6835 S.W.67™STREET,SOUTH MIAMI, FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND, PROVIDING FOR AN EFFECTIVE DATE: WHEREAS,subject property is located at 6835 S.W.67th Street,and is legally described as follows: The Track 6,of "NELSON HOMESITES,"according to the plat thereof,as recorded in plat book 39,at page 57, a portion of section 26,township 54 south range 40 east,of the public records of Miami-Dade County, Florida.Containing 97,895 square feet (2.24 acres) more or less;and, WHEREAS,Francisco Victoria &Natasha Gottlier owners of the property,submitted an application requesting a waiver of plat,pursuant to Section 20-4.2(B),Land Subdivision Regulations of the Land Development Code;and, WHEREAS,Planning staff has recommended approval of the application for said waiver,which is based upon (a) the merits of the application asit relates to requirements in the Land Development Code and (b)the application's consistency with the City's adopted Comprehensive Plan; and, WHEREAS,the Mayor and City Commission of the City of South Miami desire waive the requirements of the platting procedure pursuant Section 20-4.2(B)Land Subdivision Regulations of the Land Development Code;and. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The application submitted by Francisco Victoria requesting a waiver of plat,pursuant to Section 20-4.2(B)Land Subdivision Regulations of the Land Development Code and,is granted. Section 2.Drawings prepared by Juan J.Bonfill & Associates,Inc.dated May 24,2000 order number 00-0333 submitted bytheapplicant,aspartoftherecordforthis City Commission meeting shall betheguidingplanfor development. Section 3.This resolution shall take effect immediately upon approval. 25th July PASSED AND ADOPTED this day of,2000. ATTEST: tL*ZL&LJ CITY CLERK READ AND APPROVED AS TO FORM <^^y/<£,£<£)&£_ CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE:5-0 Mayor Robaina:Yea Vice Mayor Feliu:Yea Commissioner Bethel:Yea Commissioner Russell:Yea Commissioner Wiscombe:Yea page 2 of Resolution No.152-00-11045 S CITY OF SOUTH MIAMI&ZZXiSi: INTER-OFFICE MEMORANDUM To:Mayor and City Commission Date:July 21,2000 ISFrom:Charles D.Scurr s%/I J I Agenda Item# City Manager /'jf /t )#**?Re:Coram.Mtg.07/25/00 Waiver of Plat request for SW 67 Street REQUEST A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOA REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20-4.2(B)LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE COUNTY CODE,REGARDING THE PROPERTY LOCATED IN THE RS-1 "ESTATE RESIDENTIAL"ZONING DISTRICT,SPECIFICALLY LOCATED AT 6835 SW 67th STREET,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND OnJune26,2000,an application forWaiver of Platwas applied forbyMr.Francisco Victoriatodivideatract of landlocatedat6835SW 67™STREET andlegallydescribed as:property folio0940260080060,TRACK 6,OF "NELSON HOMESITES," ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 39,AT PAGE 57,A PORTION OF SECTION 26,TOWNSHIP 54 SOUTH RANGE 40 EAST, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA. CONTAINING 97,895 SQUARE FEET (APPROXIMATELY 2.24 ACRES)MORE OR LESS as follows: Parcel "1":The West 161.00 feet of Track 6,"NELSON HOMESITES,"according to the Plat thereof,as recorded in Plat Book 39,at Page 57,of the Public Records of Miami- Dade County,Florida.Containing 48,988 square feet (1.12 acres)more or less. Parcel "2":Track 6 Less the West 161.00feet,"NELSON HOMESITES,"according tothe Plat thereof,as recorded inPlat Book 39,atPage57,of the Public Records of Miami-Dade County,Florida.Containing 48,907squarefeet(1.12 acres)more or less. ANALYSIS The proposed waiver of platcreates2 single-family building sites (previously one site)forthesubjectproperty.Thetwoproposedlotsatthislocationare consistent with theRS-1 zoning totheimmediatenorth,south,eastand west of such property.Thearea north of HardeeDrive(SW64ST)iszonedRS-3 "Low Density Residential;"south of SW 68 Street is zoned RS-2 "Semi-Estate Residential."The east side of Ludlam contains aPlannedUnitDevelopment-Residential(PUD-R)andwest of SW69AvenueisMiami- Dade County.The proposed wavier of platwill result intwolots that are larger than required square footage onthe Land Development Codefor the RS-1 "Estate Residential" zoning district inthearea.The request is consistent with both the city's land development regulations and the city's Comprehensive Plan.Table 1 displays the Dimensional Requirements of theRS-1Districtandthe proposed dimensions of the subject application. Table 1:The Dimensional Requirements of the RS-1 Zoning Districts and the Proposed Dimensions for the Parcels "1"and "2" Requirement Permitted/Allowed Proposed Parcel "1"and "2" Min.Lot Area 40,000 sq.feet 48,988/48,907 sq.feet Frontage 125 feet 161/161 feet Min.Front Setback 50 feet N/A Min.Rear Setback 25 feet N/A Min.Side (interior)setback 12.5 feet left /12.5 feet right N/A Max.Stories 2 N/A Max.Building Height 25 feet N/A Max.Building Coverage 20%N/A Max.Impervious Coverage 30 % N/A APPLICABLE REGULATIONS Land Development Code •Section 20-3.5 Dimensional Requirements •Section 20-4.2(B)Land Subdivision Regulations •Section 20-4.1 Adequate publicfacilitiesand services Comprehensive Plan •Goals,Objectives,andPolicies of theFutureLandUse Element Dade County Code •Chapter28-4 Subdivision Regulations RECOMMENDATION Staff recommends approval of therequestandbelievesthattheproposedprojectwillnot adversely affect thehealthorsafety of personsresidinginthe vicinity of thesubject propertyand will not bedetrimentaltothepublicwelfareorpropertyor improvements in the neighborhood. Theapproval of thisrequestissubjecttoCounty review andapproval,and compliance with the City of South Miami Comprehensive Planandthe City's Land Development Code,Section 20-4.1 Adequate public facilitiesand services. Attachments: Property Survey Location&Zoning Maps Proposed Resolution V l'l-l'l4<"M.M.|.fl84£ i==11M11 i11 r 21 m1111 f)111111111111 m\mzz !==!ll!lim'JIIIIIIIII!^lli:;p||r||II|||:= ^'iii»!iLfliy*g3!'iniin'JJIirTinrtt=f r\9 •*f-|***~ 0.1 6835 SW 67 Street Location Map 0.1 0.2 0.3 Miles rH£d amn IXDJ annum MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday.Sunday and Legal Holidays Miami.Miami-Dade County,Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V.Ferbeyre,who on oath says that she is the Supervisor,Legal Notices of the MiamiDaily Business Review f/k/a Miami Review,a daily (except Saturday,Sunday andLegal Holidays)newspaper,publishedat Miami in Miami- Dade County,Florida;thatthe attached copy of advertise ment,beingaLegal Advertisement ofNoticeinthe matter of CITY OF SOUTH MIAMI PUBLIC HEARING JULY 25,2000 in the XXXXXXXX Court, was.published in sajd newspaper in the issues of Affiant further says that the said Miami Daily Business Review isa newspaper published atMiamiin said Miami- Dade County,Florida,and that the said newspaper has heretofore been continuously published in said Miami-Dade County,Florida,each day (except Saturday,Sunday and Legal Holidays)and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County,Florida,fora period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that shebasrrcHber paid nor promised any person,tirrryoTcorpprtrfion any Discount,rebate,com mission or refund fpr^eiJurpose of Securing this advertise ment for pubficatjdJj^ny\e said newspaper. CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY giventhattheCity Commission ofthe City of South Miami,Florida will conductaPublicHearingduringitsregularCity Commission meetingonTuesday,July25,2000 beginning at7:30p.m., in the City Commission Chambers,6130 Sunset Drive,to consider: ARESOLUTIONOFTHEMAYORANDCITYCOMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA,RELATINGTOA REQUESTFORAWAIVEROFPLATPURSUANTTOSEC TION 20-4.2(B)LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENTCODEANDSECTION28-4OFTHE COUNTYCODE,REGARDINGTHE PROPERTY LOCATEDIN THERS-1"ESTATERESIDENTIAL"ZONINGDISTRICT,SPE CIFICALLY LOCATEDAT6835SW67TH STREET.SOUTH MI AMI,FLORIDA 33143;PROVIDING FORA LEGAL DESCRIP TION;ANDPROVIDINGANEFFECTIVEDATE. Inquiries concerning this item should be directed tothe Planning De partment at:663-6326 ALL interestedpartiesare invited toattendand will beheard. Ronetta Taylor,CMC City Clerk Cityof South Miami Pursuant to Florida Statutes 286.0105,theCity hereby advises thepub lic thatifapersondecidestoappealanydecisionmadebythisBoard, Agency or Commission with respecttoanymatterconsideredatitsmeet ingor hearing,heorshe will needa record ofthe proceedings,andthat for suchpurpose,affectedpersonmayneedtoensurethata verbatim record oftheproceedingsismade which recordincludesthetestimonyandevi dence uponwhichthe appeal istobe based. 7/!4 00-3-78/72178M :ALN07AKYS£AL \'£7T LLERENa NOTARY PUBLIC STATE Of FLORIDA COMMISSION NO.CO W5S MY COMMISSION EXP.;:-<r.23200'