Res. No. 130-99-10754RESOLUTION NO.130-99-10754
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,REGARDING
THE PROPERTY LOCATED IN THE RS-3 "LOW DENSITY
RESIDENTIAL"ZONING DISTRICT,BOUNDED BY S.W.67™COURT
ONTHE WEST,S.W.64™STREET (HARDEE DRIVE)ONTHESOUTH
AND S.W.67™(LUDLAM)AVE.ONTHE EAST ,SOUTH MIAMI,
FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,
PROVIDING FOR AN EFFECTIVE DATE:
WHEREAS,subject property is bounded by S.W.67th
Courtonthe West,S.W.64th Street (Hardee Drive)onthe
South and S.W.67th (Ludlam)Ave.Onthe East,andis legally
described as follows:
The southeast ^of the southeast y*of the southeast hi
of the northeast V*,less north 130 feet and less east
35 feet and less south 35 feet for street,in section
26,township 54 south,range 40 east,Miami-Dade
County,Florida;and,
WHEREAS,Ms.Esther M.Martinez purchased the property
on February 17,1999,submitted an application requesting a
waiver ofplat,pursuant to Section 20-4.2(b)of the Land
Subdivision Regulations and,
WHEREAS,Planning staff has recommended approval of
the application for said waiver,which is based upon (a)
the merits of the application as it 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)of the Land
Subdivision Regulations 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 Ms.Esther M.
Martinez requesting a waiver ofplat,pursuant to Section
20-4.2 (b)of the Land Subdivision Regulations and,is
granted.
Page2of Resolution NO.130-99-10754
Section 2.Drawings prepared by Juan R.Martinez &
Associates Inc.dated January 28,1999 order number 34721
submitted by the applicant,as part of the record for this
City Commission meeting shall be the guiding plan for
development.
Section 3.This resolution shall take effect
immediately upon approval.
8th June
PASSED AND ADOPTED this day of,1999.
ATTEST:
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Oliveros:Yea
Commissioner Feliu:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCityCommission Date:April 30,1999
AgendaItem #*
From:Charles D.Scurr
City Manager Re:Waiver of Platrequestfor
Hardee Rd.
REQUEST
A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A WAIVER OF
PLAT PURSUANT TO SECTION 20-4.2(B)OF THE LAND DEVELOPMENT CODE
AND SECTION 28-4 OF THE COUNTY CODE FOR THAT PROPERTY BOUNDED
BYS.W.67th COURT ONTHEWEST,S.W.64thSTREET (HARDEE DRIVE)ON
THE SOUTH ANDS.W.67™(LUDLAM)AVE.ON THE EAST.
BACKGROUND
OnFebruary9,1999,anapplicationforWaiver of PlatwasappliedforbyEstherM.
Martinez to divide atractof land located at 6390 S.W.67th Ave.,South Miami,Florida as
follows:
Parcel "A":TheWest97.50feet of thefollowing described property:The Southeast
lA Of The Southeast lA Of The Southeast lA Of The Northeast lA,Less the North 130 Feet
And Less East 35 Feet And Less South 35 Feet For Street,In Section 26,Township 54
South,Range 40 East,Miami-Dade County.
Parcel "B":TheEast100feet of theWest197.50feet of the following described
property:TheSoutheast lA Of TheSoutheast lA Of TheSoutheast lA Of The
Northeast lA,Less North 130 Feet And Less East 35 Feet And Less South 35 Feet For
Street,In Section 26,Township 54South,Range40East,Miami-Dade County.
Parcel "C":The Southeast lA Of The Southeast lA Of The Southeast lA Of The
Northeast XA,Less North 130 Feet And Less East 35 Feet And Less South 35 Feet For
Street,In Section 26,Township 54 South,Range 40 East,Miami-Dade County.
ANALYSIS
Theproposed waiver of platcreates3 single-familybuilding sites (previously two
sites)forthe subject property.Thethreeparcelsatthislocationare consistent with the
RS-3 zoning onthe Norm side of Hardee Drive tothe East and West of S.W.67th Ave.
The property tothe South of HardeeDriveandtothe West of Ludlam contains RS-1
zoningandtotheEast of LudlamontheSouth of HardeeDriveis RS-3.Theproposed
wavier of platis creating tracts that are larger than required bytheLandDevelopment
Codefor RS-3 zoning inthe area.The development isboth consistent with theland
development regulationsandthe Comprehensive Plan
APPLICABLE REGULATIONS
Land Development Code
•Section 20-3.5 -Dimensional Requirements
•Section 20-4.2(b)Land Subdivision Regulations
•Section 20-4.1 Adequate publicfacilities
Comprehensive Plan
•Goals,Objectives,andPolicies of theFutureLandUse Element
Dade County Code
•Chapter28-4 Subdivision Regulations
RECOMMENDATION
Staff recommends approval of therequestand believes thatthe
proposedprojectwillnotadversely affect thehealthor safety of
personsresidinginthe vicinity of thewaiver of platand will notbe
detrimentaltothepublicwelfareorpropertyor improvements in
the neighborhood.
This waiver of plat provides thecity with parcelsthatarelargerin
areathanisrequired by code.Eachparcelhasaccesstothepublic
right of wayandhasanarea sufficient tosatisfyseptic tank
requirements.
Any approval of thisrequestissubjectto County review and
approval,and compliance with theCity of South Miami Land
Development,the Comprehensive and Section 20-4.1 adequate
publicfacilities of theLand Development Regulations.
Attachments:
Property Survey
REVISIONS
tomato Br WAIVER OF PLAT a BOUNDARY SURVEY
FOR ESTHER M.MARTINEZ
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