Res. No. 044-97-10015RESOLUTION NO. 44-97-10015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REQUEST
FOR A WAIVER OF RIGHT-OF-WAY IMPROVEMENTS, PURSUANT TO
SECTION 20-4.2(C) (1) OF THE LAND DEVELOPMENT CODE,
REGARDING THE PROPERTY LOCATED AT 5805 S.W. 67 AVENUE,
SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING
PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES;
PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, subject property is located at 5805 S.W. 67 Avenue,
South Miami, Florida, 33143, and is legally described as follows:
The North 99.00 feet of the North ~, of the Southwest ~
of the Northwest ~ of the Northwest ~, Less the East
91.00 feet, and Less the West 35.00 for Road purposes,
in Section 25, Township 54 South, Range 40 East, of the
Public Records of Dade County, Florida; and,
WHEREAS, Mr. Hector Garcia, future purchaser of the subject
property, submitted an application requesting a waiver of right-
of-way improvements including right-of-way dedication, pursuant
to Section 20-4.2(C) (1) of the Land Development Code; and,
WHEREAS, Ms. Carmen Vazquez, owner of the subject property,
submitted a letter of consent authorizing the application; and,
WHEREAS, Planning staff has recommended approval of the
application for said waiver, which recommendation 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, on February 11, 1997, the Planning Board voted 4:3
to recommend approval of the application with the conditions that
(1) engineering calculations and specifics be included in the
project in order to ensure proper drainage; (2) the pavement be
more standard in width, specifically from the proposed 16 feet to
20 feet; (3) the proposed elevations, particularly the northern
side elevations, be respectful of the street and the neighborhood
in their appearance; (4) standard bonding practices be included
in the project, particularly for right-of-way improvements; and,
Right-of-Way Resolution: Public Hearing March 4, 1997 1
Page 2 of 'Res ', #44-97-10015
WHEREAS, the Mayor and City Commission of the City of South
Miami desire to accept the recommendation of the Planning Board.
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. Carmen Vasquez,
property owner, requesting a waiver of right-of-way improvements,
pursuant to Section 20-4.2(C) (1) of the Land Development Code,
regarding property located at 5805 S.W. 67 Avenue, is approved.
Section 2. Drawings submitted by the applicant, as part of
the record at the City Commission Meeting of March 4, 1997, and
dated March 4, 1997, shall be the guiding plan for development,
excluding the trees indicated along the northern right-of-way.
Section 3. Engineering calculations shall be included as
part of the building permit, in order to ensure proper drainage.
Section 4. The total pavement width for S.W. 58 Street shall
be a minimum of 20 feet, excluding the cul-de-sac terminus area.
Section 5. The northern elevations (fa9ades) of all future
homes shall be respectful of the street and the neighborhood.
Section 6. The applicant shall post a bond equal to 110% of
the cost of the improvements which are indicated on the approved
plan under Section 2 above, which bond shall be posted for one
year or until the improvements required herein are constructed.
Section 7. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 4 th day of March, 1997.
ATTEST: APPROVED:
.~~~/
CITY CLERK VICE MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4-0
Vice Mayor Robaina: Yea
Commissioner Price: Yea
CITY ATTORNEY
Commissioner Bethel: Yea
Commissioner Ynuna' YPn c:\ ... \'reports \ 59-St reel-R OW.doc
Right-of-Way Resolution: Public Hearing March 4, 1997 2
"
AGREEMENT
FOR CONSTRUCTION AND MAINTENANCE OF
SUBDIVISION IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS Cannen Vazquez. its successors and or assigns
SUBDIVISION
CASH BOND
(hereinafter referred to as the Owner) concurrently with the delivery of this agreement has applied to The City of South
Miami, a political subdivision of the State of Florida (hereinafter referred to as the City), for approval by the City
Commissioners ofa certain Waiver of Plat.
For a project to be known as Montebello Estates
a copy of which Waiver is attached hereto and made a part hereof as "Exhibit A", on which said Waiver are shown
areas offered by the Owner to be dedicated to public use as streets, alleys and other right-of-way; and
WHEREAS it is necessary in the public interest that improvements within the areas offered to be dedicated be
constructed in accordance with the specifications hereinafter set forth; and
WHEREAS Section 17.9 of the City of South Miami provides that no Waiver of Plat lying within the City shall be
approved by the City Commissioners unless a good and sufficient bond be furnished the City conditioned upon the
construction and maintenance for not less than one year of certain subdivision improvements in accordance with
specifications and within such time or times as may be required by the City Commission.
NOW, THEREFORE, in consideration of the approval of said Waiver of Plat, by the City Commission acceptance of
the dedication of said areas as public streets, alleys and other rights-of-way, the Owner does hereby unconditionally
promise and agree to and with the City as follows:
1. Within twelve months or at a time of final inspection of any building, whichever occurs prior in time from and
after the date of approval of said plat and acceptance of said offer to dedicate, the Owner will construct, after
acceptance thereof by the City the following listed improvements:
Construct 4' of roadway to the South property line of S.W. 58th Street commencing at the intersection of S.W. 65th
Avenue, East on S.W. 58th Street for a distance of 266.27', then construct new road to be named later (app. S.W. 64th
Court) which road ends in a T.turn around and including traffic barricades. Additionally enlarge circle 4' for a total of
20' of paved area, enlarge circle with the new dedicated road to a 50' radius, overlay the entire existing road and build
a new drainage system at the South side of 58th Street in accordance to plan to be designed by a Civil Engineer and
approvedby The City of South Miami Engineer
Permanent Control Points: Permanent Reference Monuments:
provided however, that if the time for such construction be extended by the City Commissioners because of unusual
circumstances the construction shall be completed within such extended time. Construction of subdivision
improvements shall be in accordance with the following specifications:
PAGEl
,A
SPECIFICATIONS FOR STREET PAVEMENTS
Streets shall be constructed in accordance with current City and County specifications for Secondary
Road Construction and Residential Streets.
SPECIFICA TIONS AND HIGHWAY SIGNS
Highway signs shall be constructed and erected in accordance with current City and County
specifications for Standard Street Signs.
SPECIFICATIONS FOR DRAINAGE WELL, CULVERTS,
AND OTHER NECESSARY DRAINAGE FACILITIES
The Owner shall provide for the drainage of all lands, streets and driveways included within the
subdivision in accordance with good engineering princilJies and IJractices, the same to be approved by the
Director of Public Works Department. Low lying land shall be filled to an elevation above general flood
level to avoid frequent and periodic flooding. General flood level in any area will be defined by the Director
of Public Works Department. Ditches, storm sewers, culverts, catch basins, dry wells and other drainage
provisions shall be built by the owner as required to prevent excessive and prolonged local ponding of water.
Such installations shall be designed and constructed in accordance with currently City and County
specifications.
In general, filling of land or construction of drainage facilities shall be planned in such a manner as to
avoid creating any added problem to private or public properties near the subdivision.
2. In accordance with Section 17.9 of The City of South Miami Florida, the Owner tenders to the City a
cash bond executed by the Owner, as Principal, in the amount of $ 13,420.00 which amount is not less than
110 per cent of the estimated cost of construction and maintenance of the subdivision improvements listed
herein.
In the event the Owner shall fail or neglect to fulfill his obligations under this agreement the City shall
have the right to construct and maintain, or cause to be constructed and maintained pursuant to public
advertisement and receipt and acceptance of bids, said subdivision improvements; and the Owner agrees
that upon completion of such construction and maintenance, the final total cost to the City thereof, including
but not limited to engineering, legal and contingent costs and expenses, together with any damages either
direct or consequential, which the City may sustain on account of failure of the Owner to carry out and
execute all the provisions of this agreement shall be paid from the cash bond so deposited.
The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Owner to
the City. In the event suit is instituted by the City through the City attorney upon this agreement or bond it
is stipulated and agreed that in addition to the actual costs and expenses of litigation, the City shall recover
as its legal expense an amount of equal to $100.00 plus ten per cent of the amount recovered by the City.
The Owner's bond is attached hereto as "Exhibit B" and made a part of this agreement.
PAGE 2
/ (
. IN WITNESS WHEREOF, the Principal bas executed these presents this "£""day of ~ '~7.7
19_,
WHEN THE PRINCIPAL IS AN INDIVIDUAL OR PARTNERSHIP
Signed, sealed and delivered in the presence Of'!f;E (Owner(s)
f:~.?rnve-.l t! ().;z: n (SEAL)
____________ (SEAL)
____________ (SEAL)
____________ (S EAL)
____________ (S EAL)
____________ (SEAL)
Owner's Address ________ _
WHEN THE PRINCIPAL IS A CORPORATION
ATIEST:
(Secretary )
(Correct N~ of Corporatioo)
BY:_~-~-------__
President
(Affix Corporate ~)
Corporate Address _______ _
Page l 3 __ ----
SIATE OF ({OrCI.[),A-
COUNTY OF )) A:D C
)
)
)
INDMDUAL
I hereby certify that on this ~ qay of /vi A C6c:.h. , A.D . 19 C(7 , before me, an officer duly IlUthorized to
administer oaths and take acknowledgements, personally appeared CAt( M £V\ V A u 1 c)~-z.......
to me well known. or to me proven, by producing the following identification: .D Q I Vf' (L S l, (-f 'Vt 5;' 0.
to be the person(~ described in.
WITNESS my signature and official seal at ~M.:....IJw.A-~fY\~I-fr"";]'.L.A-D=:l...(--__ ' in the County and State aforesaid, the day and
year last aforesaid.
NOTARY SEALiSTAMP
--OfF1 C Il~Cf«Yi:i\RYSEAI--
MARlA PA LACIOS
NCYfARY PUBLI C STATE OF liLORIDA
COMMISSION NO. CC574982
MY COMMISSION EXP. AUG. 18,2000
otary Public
Print Name
Notary Pu~lic, State of flD""! ~
My Cammi.<sion Expu..: & 5 1 i '1 '?~ ~
Commissioo/Serial No. Avj. \8; t '2D (')() ~
page} I -'
CASH PERFORMANCE BOND
FOR
SUBDMSION IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS:
That Carmen Vazquez , hereinafter called the Principal, is held and
firmly bound unto The City of South Miami, a IlOlitical subdivision of the State of Florida, in the penal sum
of Thirteen Thousand Four Hundred Twenty Dollars and no/IOO ($13,420.00), which sum is deposited by the
Principal in cash with the Finance Director of "The City" for the faithfull)erformance of a certain written
agreement dated March 3 , 19 97, given by the Principal to The City of South Miami for the construction
and maintenance of subdivision improvements in a certain parcel of land to be known as Montebello Estates
a copy of which agreement is attached and by this reference made a part hereof.
Now, Therefore, the conditions of the obligation are such that if the Principal shall comilly in all respects
with the terms and conditions of said agreement, with the times therein specified, and shall in every respect
fulfill his obligations thereunder, this obligation shall be void and the sum deposited shall be returned
without interest to the Principal by the Finance Director; otherwise this obligation shall remain in full force
and the Princil)al, its heirs, executors administrators, successors and assigns do hereby irrevocably agree
that the City, without prior notice or demand, shall have the right to construct and maintain or pursuant to
public advertisement and receipt and acceptance of bids, cause to be constructed or maintained all or any
part of the said construction or iml)rOVement, in case the Principal should fail or refuse so to do in
accordance with the terms of said agreement and to pay for such construction or maintenance from the said
deposit; and in addition I)ay from said deposit to the general fund of the City any and all other costs to the
City including but not limited to engineering, legal and contingent costs together with any damages, either
direct or consequential, which the City may sustain on account of the failure of the Principal to carry out and
execute all the provisions of said agreement.
The penal sum hereinabove stillUlated and deposited is not a limitation upon the liability of the Principal
to the City. In the event suit is instituted by the City through the City attorney UI)on this agreement or bond,
it is stipulated and agreed that in addition to the actual costs and expenses of litigation, the city shall recover
as its legal expense an amount equal to $100.00 plus ten I)er cent of the amount recovered by the City.
PAGEf 1 f -?-11-
"13
. IN WITNESS WHEREOF, the Principal h.a.s executed these presents this £"day of lhz440b
19_0
WHEN THE PRINCIPAL IS AN INDIVIDUAL OR PARTNERSHIP
Signed, sealed and delivered in the presence
of: (Witn (Owner(s)
~~~~~A'l~p:,lt:}--ift4~!Vk;~~~'fI_(SEAL)
____________ (SEAL)
____________ (SEAL)
_____________ (S ~)
_____________ (SEAL)
)
____________ (SEAL)
Owner's Address _________ _
WHEN THE PRINCIPAL IS A CORPORATION
AITEST:
(Secretary)
(Correct N&nle of CorporatiOll)
By: _________________ _
President
(Affix Corporate Seal)
Corporate Address __________ _
Page/2--
(
INDIVIDUAL
STATE OF FlaiL ( [) A )
COUNTYOF~~~)~d~e ______ ~\
I hereby certify that on this . 5 day of M A-rLC l"" ,A.D. 19 q7 , before me, an officer duly wthorized to
administer oaths and take acknowledgements, personally appeared C. A ILl vl-e t1 tJ A 2-1 (/ e. ~
to me well known, or to me proven, by producing the following identification: D n ve I'lJ L ) C e I/t S -e
to be the person~ described in.
WITNESS my signature and official seal at HI AJV1. i , D A--oe
. I
year last aforesaid.
NOTARY SEAL/STAMP
---oFFiCiAL ·j\i5fAR'iF0C
MAR IA PALACIO'S
NOTARY PU BLIC STATE OF flORIDA
COMM JSS IO N NO. CC574 982
MY COMMI SSION EX P. AUG _ 182000
pagel :3
, in the County and State aforesaid, the day and
otary Public
rtA-fLlA-PA /e.{,!ID5
Print Name
Notary Pu~lic, State of 'FlD(; ~
My Commission Expires: PrL0 ) &/ '2bOD
Commission/Serial No. ~C-51L( 4 K"d
'.
SUBDIVISION
AGREEMENT
FOR CONSTRUCTION AND MAINTENANCE OF
SUBDIVISION IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS Carmen Vazquez, its successors and or assigns
CASH BOND
(hereinafter referred to as the Owner) concurrently with the delivery of this agreement has applied to The City of South
Miami, a political subdivision of the State of Florida (hereinafter referred to as the City), for approval by the City
Commissioners of a certain Waiver of Plat.
For a project to be known as Montebello Estates
a copy of which Waiver is attached hereto and made a part hereof as "Exhibit A", on which said Waiver are shown
areas offered by the Owner to be dedicated to public use as streets, alleys and other right-of-way; and
WHEREAS it is necessary in the public interest that improvements within the areas offered to be dedicated be
constructed in accordance with the specifications hereinafter set forth; and
WHEREAS Section 17.9 of the City of South Miami provides that no Waiver of Plat lying within the City shall be
approved by the City Commissioners unless a good and sufficient bond be furnished the City conditioned upon the
construction and maintenance for not less than one year of certain subdivision improvements in accordance with
specifications and within such time or times as may be required by the City Commission.
NOW, THEREFORE, in consideration of the approval of said Waiver of Plat, by the City Commission acceptance of
the dedication of said areas as public streets, alleys and other rights-of-way, the Owner does hereby unconditionally
promise and agree to and with the City as follows:
1. Within twelve months or at a time of final inspection of any building, whichever occurs prior in time from and
after the date of approval of said plat and acceptance of said offer to dedicate, the Owner will construct, after
acceptance thereof by the City the following listed improvements:
Install 24 trees in right of way. species and location to be determined by The City of South Miami.
Permanent Control Points: Permanent Reference Monuments:
provided however, that if the time for such construction be extended by the City Commissioners because of unusual
circumstances the construction shall be completed within such extended time. Construction of subdivision
improvements shall be in accordance with the following specifications:
PAGEl
SPECIFICATIONS FOR STREET PAVEMENTS
Streets shall be constructed in accordance with current City and County specifications for Secondary
Road Construction and Residential Streets.
SPECIFICATIONS AND HIGHWAY SIGNS
Highway signs shall be constructed and erected in accordance with current City and County
specifications for Standard Street Signs.
SPECIFICATIONS FOR DRAINAGE WELL, CULVERTS,
AND OTHER NECESSARY DRAINAGE FACILITIES
The Owner shall provide for the drainage of all lands, streets and driveways included within the
subdivision in accordance with good engineering principles and practices, the same to be approved by the
Director of Public Works Department. Low lying land shall be filled to an elevation above general flood
level to avoid frequent and periodic flooding. General flood level in any area will be defined by the Director
of Public Works Department. Ditches, storm sewers, culverts, catch basins, dry wells and other drainage
provisions shall be built by the owner as required to prevent excessive and prolonged local ponding of water.
Such installations shall be designed and constructed in accordance with currently City and County
specifications.
In general, filling of land or construction of drainage facilities shall be planned in such a manner as to
avoid creating any added problem to private or public properties near the subdivision.
2. In accordance with Section 17.9 of The City of South Miami Florida, the Owner tenders to the City a
cash bond executed by the Owner, as Principal, in the amount of $ 3,280.00 which amount is not less than
110 per cent of the estimated cost of construction and maintenance of the subdivision improvements listed
herein.
In the event the Owner shall fail or neglect to fulfill his obligations under this agreement the City shall
have the right to construct and maintain, or cause to be constructed and maintained pursuant to public
advertisement and receipt and acceptance of bids, said subdivision improvements; and the Owner agrees
that upon completion of such construction and maintenance, the final total cost to the City thereof, including
but not limited to engineering, legal and contingent costs and expenses, together with any damages either
direct or consequential, which the City may sustain on account of failure of the Owner to carry out and
execute all the provisions of this agreement shall be paid from the cash bond so deposited.
The penal sum hereinabove stipulated and del)Osited is not a limitation upon the liability of the Owner to
the City. In the event suit is instituted by the City through the City attorney upon this agreement or bond it
is stipulated and agreed that in addition to the actual costs and expenses of litigation, the City shall recover
as its legal expense an amount of equal to $100.00 plus ten per cent of the amount recovered by the City.
The Owner's bond is attached hereto as "Exhibit B" and made a part of this agreement.
PAGE 2
(
IN WITNESS WHEREOF . the Owu~ has excc~ted th~ presenu '4 !r-daY~f bt1 <~· < r t l. ~, .,
19 . . ;; ... ~
.~ ... '" -,:~~~ ",
,,-.~ .. ,,~ ,
',,;, ... _,' ." -1," i
WHEN THE OWNER IS AN INDIVIDUAL OR PARTNERSHIP
.. :.,.r:., y~.:~. ~ ... -... : '.-< i~ "."
--
Signed, sealed llld delivered in the presence
'-.-."' .'~ .
Of'~ ". (Owner{s)
e4/a:j£i f~
"'.'--." ''', ..
:. ... ~, -.. "; ~ '--~'. "::')-~ -j ,-.... ;
·'-'::~~~~:.~.~f';/~< '_';,'~~.::' , . (SEAL) .'--'''-':'
____________ (SEAL)
____________ (SEAL)
... , .....
____ ~-------(SEAl.)
•• '" ".J
'-..... '
,~ .. ~ .... _____________ CSEAL)
___________ ~ __ (SEAL.)
Owner's Address _________ _
WHEN THE OWNER IS A CORPORATION
ATIEST:
(Secretary)
(Correct Nama of Corpor&tioo)
By: ____________________ _
PresideuL
(Affix CorporalO Seal)
Corpo~ Address ________ _
·'
(
INDrvIDUAL
sr A TE OF _______ )
)
COUNTY OF _______ )
I hereby certify that on this · 5 day of /'-1 A:ILCh . A.D . 19U before me. an officer duly authorized to
administer oaths iUld ta.lce aclcnowledgemeo.ts. personally appeared (£ ffl M eb'-1/'4 ?-if U~ 'L
to me weil bown, or to me proven. by producing the following identification: 1) nIl /-P /l S L ( C .J2 L1 .r -:<
to be the persoa( ) described in.
WITNESS my sigrulrure and official sea! at ID · ( A M t'·
year lastaforesa.id.
NOTARY SEAL/STAMP
OFF! IAL NOTARYS'fA'L--1
MAR IA PA LAC IOS I
NotARY PU 13 LlC STAT E OF fLORIDA
COMMISSION NO. CC574982
MY COM MISS ION EXP. AUG. 18,200 0
• in the CJuoty and State aforesaid, the day and
Print Name
Notary Pu~lic. State of :FIorI cSh--
My CommissiOQ apires: f!y S ' t g ) 2-L?CO
Commission/Serial No. c.c. 51'1 q 6d
f
CASH PERFORMANCE BOND
FOR
SUBDIVISION IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS:
That Carmen Vazquez , hereinafter called the Principal, is held and
firmly bound unto The City of South Miami, a Iwlitical subdivision of the State of Florida, in the penal sum
of Three Thousand Two Hundred Hundred Eighty Dollars and no/l00 ($3,280.00), which sum is deposited by
the Principal in cash with the Finance Director of "The City" for the faithful performance of a certain
written agreement dated March 3 , 19 97, given by the Principal to The City of South Miami for the
construction and maintenance of subdivision improvements in a certain parcel of land to be known as
Montebello Estates a COllY of which agreement is attached and by this reference made a part hereof.
Now, Tberefore, the conditions of the obligation are such tbat if tbe Princillal shall comply in all respects
witb tbe terms and conditions of said agreement, with the times therein specified, and shall in every respect
fulfill his obligations thereunder, this obligation shall be void and the sum deposited shall be returned
without interest to the Principal by the Finance Director; otherwise this obligation sball remain in full force
and the Princillal, its heirs, executors administrators, successors and assigns do hereby irrevocably agree
tbat the City, without prior notice or demand, shall have the right to construct and maintain or pursuant to
public advertisement and receipt and acceptance of bids, cause to be constructed or maintained all or any
part of the said construction or improvement, in case the Principal should fail or refuse so to do in
accordance with the terms of said agreement and to pay for such construction or maintenance from tbe said
deposit; and in addition pay from said dellosit to the general fund of the City any and all other costs to the
City including but not limited to engineering, legal and contingent costs together witb any damages, either
direct or consequential, which the City may sustain on account of the failure of the Principal to carry out and
execute all the provisions of said agreement.
The penal sum hereinabove stipulated and dellosited is not a limitation upon the liability of tbe Principal
to the City. In tbe event suit is instituted by the City through the City attorney upon tbis agreement or bond,
it is stillUlated and agreed that in addition to the actual costs and eXllenses of litigation, the city shall recover
as its legal expense ap amount equal to $100.00 plus ten per cent of the amount recovered by the City.
PAGE/·t
(
Signed, sealed and delivered in the presen~
Of'~>
• ,;.~ .. -.:. ....... ~~...;, .... ~~:.'~·I. _. ." _. _ ..
,:-' . ~""" ~Sr~;'~'~~';~:~~)' . ·~·;;j:·d··~ ~,~. ·.ti~~:tr:.j~§
~p:. ~(SEAL)
____________ (SEAL)
____________ (SEAL)
____________ (SEAL) "
s-~ -... ~V.I·
____________ -(SEAL)
" )
____________ (SEAL)
Owner's Address _________ _
WHE.~ THE PRINCIPAL IS A CORPORATION
A'ITEST:
(C4>rrect N&.QlO or C4>rporatioo)
By: _______________________ __
President
(Affix C4>rporate Seal)
Corporate Address _______________ _
Page ! z.
(
ST ATE OF _n u..O.w' r--.!I.....;:O=---f+.~_---I)
COUNTY 0 F ---"tJ~~;....;' ;;;.......;;;;' ::.... __ ,:_".:-,)),:.;;,~.,t~.,,*-l~~~~\;
... -.::, .. "
_,~,;':~:i?~(:\:;',i
-~.' ~ )
I ,
'.r_.
" '
r hereby certify that 00 this Q day of MAAL l~. A.D. L9 .i1..befo~ me '.:~ ~'fficer 'dul~: ~th~~ to
administer oaths and take acbtowl~ge ments. persooaUy ap~, ~'CA.:)'2.W: -em .. J ·A'L.-.Qj:(Xe:~ '/;,;,tt~~#~:~ , '
) t -, '.,. ' ",:,~;"i' C"'+~;~~~ff!~:;~
to me well known. or to me proven. by producing the following identificatioo: 0 '('-I v'--e. (l S II C~V'\. s. Q
to be the persoo( ) described in.
~.': ,--.
~. . .' -:~ >:, .
-!.: .•
; .. -::.:~~;;.:
WTI1'I'ESS my signature and official seal at H ,t J4rVl /'
ye:u last aforesaid.
. '-..
NOT A.R Y SEALJ ST A.J.V1P
.: ,;~ ",(..;:-,~'I;::::'.' ,'\ ·c· •• ,,, :. ::". '-~":·_~'i~i~;dit;';'i~i .. ;.§~\~~t;
, • in the County and State aforesaid, tbeday' aDd ' '<"' ,S"',"'"
.~. -~. ".: .:, .~~~~:·~f,:"~ :~(~~
r Print Name
Notary Pu~tic. State of '-fl'OG\~
My Commissioo ~pires: f\6 '8 ?OOb
Commission/Serial No. t,c..,5J~0 ~
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
M~tY Commission .
L~ennisw~
City Manager
REQUEST:
Date: February 25, 1997
Agenda Item # I"
Re: Comm. Mtg. 03/04/97
Right-of-Way Resolution
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
REQUEST FOR A WAIVER OF RIGHT-OF-WAY IMPROVEMENTS, PURSUANT TO SECTION 20-4.2(c)(l) OF THE LAND
DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5805 S.W. 67 AVENUE, SOUTH MIAMI, FLORIDA
33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17-9 OF THE CODE OF ORDINANCES: PROVIDING FOR A
LEGAL DESCRIPTION: AND. PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The property owner, Mrs. Carmen Vasquez, has requested that Mr. Hector Garcia represent her
for an application to reduce the required dedication of land and right-of-way improvements for
her property located at 5805 S.W. 67 Avenue. The parcel is only 99 feet wide and runs from the
western edge of S.W. 65 Avenue to the eastern edge S.W. 67 Avenue. An existing cul-de-sac is
located along the northern edge of this land. The proposal would permit construction of three
new homes for the area. Only two homes would be accessed from the cul-de-sac (58 Street).
The Planning Board voted 4:3 to recommend approval with the conditions: (1) that engineering
calculations and specifics be included in the project, in order to ensure proper drainage; (2) that
the pavement be more standard in width, specifically from the proposed 16 feet to 20 feet; (3)
that the proposed elevations, particularly the northern side elevations, be respectful of the street
and the neighborhood in their appearance; (4) that standard bonding practices be included in the
project, particularly for ROW (right-of-way) improvements.
The applicant's representative has prepared revised drawings which reflect the Planning Board's
recommended conditions and will submit a bond pursuant to § 17-19 of the Code of Ordinances.
RECOMMENDATION: Approval.
Attachments:
Resolution for Public Hearing and adoption
Copy of Section 17-19, Code of Ordinances
Planning Board Staff Report by Brian T. Soltz
Aerial Photograph of Site & Surrounding Area
Letters from Mrs. Vasquez, the Property Owner
City Manager's Report: Right-of-Way Resolution
HistorylLetter from Shutts & Bowen
Photocopy of the Proposed Site Plan/Survey
Mailing Area Map (500-foot mailing radius)
Advertisement for Publication and Mailing
Planning Board Minutes February 11, 1997
~ 17-9 STREETS AND SIDEWALKS § 17-10
Sec. 17-9. Plats-Agreements and bond with city relating to
streets, terraces, courts, etc.
All persons submitting any record plat of real estate situated
in the city to the city council for its acceptance of the dedica-
tion of streets, avenues, courts, places, terraces and all
thoroughfares are hereby required to accompany any such
proposed record plat with a suitable agreement with the city
providing for the construction of street paving, parkways
and other improvements within such proposed subdivision as
well as the public right-of-way adojoining the real estate in
accordance with the city's specifications and at the expense of
the owners of the land to be subdivided.
The construction work i:l to be completed within one year
from date of such submission. The agreement is to be accom-
panied by good and sufficient contract bond in an amount
of the total estimated cost of the improvements, which esti-
mated costs shall have been first approved in writing by the
department of public works. The condition of the contract bond
to be such that if the principals thereto shall fully and faith-
fully perform the work in accordance with the terms of the
agreement therefor, then the contract bond shall be void.
If the above conditions are not met the city council shall
construct or cause to be constructed after public advertise-
ment and receipt of bids, the proposed street paving, park-
ways, and ot her improvements; and the principals and surety
jointly and severally agree to pay to and indemnify the city
upon completion, the final total cost of improvements, includ-
ing engineering, legal and contingent costs, together \vit h
any damages direct or indirect consequential which the city
may sustain on account of the failure of the principal!' to
properly keep, carry out and execute all the provisions of gait!
contract. (Ord. 211, § 1, 7-2S-50; Ord. No. 758, § 1, 7-18-72)
~ec. 17-10. Same-Authority to withhold; submission to city
council for noncompliance with section 17-9.
The city clerk and the city manager are hereby authorized
and directed to withhold from submission to the city council
any proposed record plat unless the hereinbefore mentioned
agreement and bond accompany such plat. (Ord. 211. § 2, 7 -:~3-
SO)
SuPp. No. 29
235
To:
From:
• CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Bill Mackey, AICP
Director of Planning & Zoning
Brian T. Soltz~
Planner
Date: February 6, 1997
Re: Waiver of Right-of-Way Improvements
5805 SW 67 Avenue
ITEM: PB-97-004
Applicant: Hector Garcia
Request: A waiver of right-of-way improvements to allow a 32.5 foot right-of-way
where a 50 foot right-of-way is required. pursuant to Section 20-4.2(C)(1)
of the Land Development Code.
Location: 5805 SW 67 Avenue South Miami, Florida 33143
BACKGROUND
According to the City's Land Development Code when land is subdivided the developer
is responsible for certain right-of-way improvements and dedications. This includes
sidewalks, curbs, drainage and paving. In this situation the developer has a tract of land
which is large enough to create four individual parcels; however, due to the narrowness of
the tract and the required setbacks the developer would not be able to build if the right-of-
way dedication and improvements are required. In addition, the subject right-of-way is a
short cul-de-sac which currently serves only 4 properties.
ANALYSIS
The applicant is proposing a 7.5 foot dedication without sidewalks or curbs-and-gutters
along SW 58 th Street where a 25 foot dedication with sidewalks or curbs-and-gutters is
normally required. With the proposed dedication SW 58 th Street will have a 32.5 foot
right-of-way. If on the other hand the dedication of the right-of-way is required the
applicant will encounter the following problems:
1. The lot frontage on Parcels "C" and "D" will be 74 feet. The RS-3 zoning
district requires 75 feet of frontage per parcel.
2. Parcel "C" will be 8,988 square feet III area. The RS-3 zoning district
requires 10,000 square foot parcels.
COMPREHENSIVE PLAN
This requested waiver of right-of-way improvements does not conflict with the adopted
Comprehensive Plan of the City of South Miami.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 -4.2 (Land Subdivision Regulations)
• Section 20 -3.5E (Dimensional Requirements Single Family Residential)
RECOMMENDATION
It is the opinion of staff that the proposed 32.5 foot right-of-way is adequate to serve the
pUblic. Therefore, staff recommends APPROVAL with the following conditions:
1. That the developer architecturally treat the northern side elevation of the
homes on parcels "C" and "D" with the same quality and appearance as the
front facades. Final plans will be approved by the Environmental Review and
Preservation Board.
2. That the developer use landscaping such as street trees along SW 58 th Street to
provide a visual buffer.
3. That the developer make proper drainage improvements to the properties and
the existing right-of-ways.
Attachments
.. ISMDIlPlanninglPblPBReportslRight of Way Waiver Staff Report
11
,
"i"'f':,,/ ~ '-
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January 17th 1997
City of South Miami
6130 Sunset Drive
South Miami, Florida.33143
("
Ref: Reasons for change. List Justifications for application for Public
Hearing. The No. 99ft of No. 1/2 of S.W. 1/4 of The N.W. 1/4 of N.W.
1/4 less the East 91 ft. and less the 35 ft. in Section 25 Twp 54 S.
Range 40 E. Dade County, Florida.
Ladies & Gentlemen:
The reason for the requested change consisting of a
waiver from the construction of Right of Way improvements is reiterated in
the preceeding parragraphs:
1-The land
was built
sixteen(16)
North side.
is 99 feet wide. The existing road constructed several years ago
approximately one ft. from the edge of my property line,
ft wide and with approximately eight(8) ft.of swale area on the
The amount of homes proposed and existing does not justify the full
dedication of the road Right of Way for this property because the existing
pavement is adecuate for the number of homes being served.
If dedicated, the road would have to be enlarged a mere four (4) ft in width
leaving a total of twenty one (21) ft.of swale area, thus preventing the
construction of homes greater than fifty one ( 51) ft. in width
nle homes on the North side of the street have lot widths approximately
eighty (85) to ninety (90) ft. wide. My proposal would be in harmony with
the surrounding lots width.
The improvements to the Cul-De-Sac,(added pavement, landscapping, etc.),will
enhance the value of the surrounding homes.
The size of the lots will permit the design of homes sixty three ( 63) ft in
width and greater, versus fity one ( 51) ft if the road is dedicated.
Hoping to receive a favorable response to my petition. I remain.
Sincerely Yours.
~ti~ Ca rmen Vasquez
I'
January 17th 1997
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143.
(
Ref: Statement of hardship inherent in the land Petition for Public Hearing
before Planning board.
The No. 99 ft of No. 1/2 of S.W. 1/4 of S.W. 1/4 of The N.W. 1/4 of
N.W. 1/4 Less the East 91 ft.and less the 35 ft.in Section 25 Twp 54
So. Rnge 40E.
Ladies & Gentlemen:
My property is only 99 ft. wide, consisting of one small
house fronting S.W. 67th Avenue covering one fourth of the total land. The
rest of the land faces a group of seven to eight homes in a CuI-De-Sac.
One of the new homes will face S.W. 65th Avenue creating no additional
traffic to S.W. 58th Stret, while the other two will be facing the Cul-De-
Sac that will be enlarged and improved with landscape and gound cover.
The two new homes facing the CuI-De-Sac will not increase traffic
on the existing road to the extent of creating a nuisance.My hardship
consists that dedicating twenty five feet of road right of way, will
decrease the lots from 99 ft to 74 ft, versus my proposal of dedicating a
strip of land eight feet wide, matching the existing green area on the North
side of S.W. 58th Street while keeping the width of the lots at 91 feet.
The approval of my request will enhance the Asthetics value of the new homes
and the existing neighborhood by being able to design homes close to the
width of the existing homes on the North side of S.W. 58th Street.
Hoping to receive a favorable response to my petition. I remain.
Sincerely Yours.
~~_l~
Ca rmen Vasquez
January 17th 1997
City of South Miami
6130 Sunset Drive
South Miami, Florida.33143
(
\"
Ref: Letter of Intent. Petition for Public Hearing. The No. 99ft of No. 1/2
of S.W. 1/4 of The N.W. 1/4 of N.W. 1/4 less the East 91 ft. and less the 35
ft. in Section 25 Twp 54 S. Range 40 E. Dade County, Florida.
Ladies & Gentlemen:
I am the owner of the property above described consisting
of one small frame home on a parcel of land measuring approximately 99 ft x
549 ft long.
It is my intent if approved, to sell this property to H.G. Enterprises of
South Miami, Inc. H.G. plans to buiild three new residences on my property,
after all building permits are obtained from The City and Dade County.
H.G. has recently constructed six beautiful new residences, I would like my
property to be developed by the same Developer which has added value to my
property and the surrounding properties.
Looking foward to your approval. I remain.
Sincerely Yours.
~ ... -.. -.... u.~
Carmen Vasquez
I'
December 16th 1996
City of South ~iami
6130 Sunset Drive
South Miami, Fla. 33143.
Ref: Application for Administrative Waiver application
Ladies & Gentlemen:
By this letter I authorize Hector J. Garcia to
prepare all plans, attend conferences with City staff, execute
any and all applications in connection with The Waiver of
Plat,Administrative Waiver Application for the submission and
approval of my request for Lot Size, Lot Frontage and Lot
coverage for the property owned by the undersigned under contract
to Sale to H.G. Enterprises of South Miami, Inc.
Thallking you for your cooperation. I remain.
Sincerely Yours.
/'1
/
\.
SHu'rrs & BOWEN
Mr. Hector J Garcia
H.G. Enterprises of Miami, Inc.
7990 S.W. 117th Avenue
Suite 137
Miami, FI. 33183
AITORNEYS AND COUNSELLORS AT LAW
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
1500 MIAMI CENTER
201 SOUTH BISCAYNE BOULEVARD
MIAMI. FLORIDA 33131
MIAMI (305) 358·6300
BROWARD (305) 467·8841
FACSIMILE (305) 381·9982
December 17, 1996
RE: Carmen Vazquez Sale to H. G. Enterprises of Soutlt Miami, Inc.
Dear Mr. Garcia:
Enclosed as you requested are copies of the various applications to governmental
entities which you had hand-delivered to our office yesterday, together with a check in the amount of
$19,000.00, payable to our firm, as the deposit on the Contract for Sale and Purchase. We have
signed the Contract as Escrow Agent to acknowledge receipt of your check and will deposit it to an
interest bearing trust account
With regard to you request for evidence of ownership of the property, title was taken
in the name of Benny Vazquez and Emily Vazquez, his wife, by a deed dated June 24, 1936, recorded
under Clerk's File No. A2998, recorded June 24, 1936 in Deed Book 1716, at Page 43, of the Public
Records of Dade County, Florida. Mrs. Emily Vazquez died and Mr. Vazquez subsequently married
Carmen J Vazquez, who was the personal representative of his estate. Enclosed for your information
are the following:
1. Abstract entry confirming Warranty Deed in favor of Benny Vazquez and
Emily Vazquez, his wife.
2. Copy of Notice of Administration In Re: Estate of Bernard Vasquez a/k/a
Benny Vasquez, Dade County Circuit Court, Probate Division File No. 90-5392, Division 03.
AMSTERDAM OFFICE
EUROPA BOULEVARD 59
10B3 AD AMSTERDAM.
THE NETHERLANDS
TELEPHO:--JE all ':!120-661-0969
FACSIMILE 011-3120-642-1473
KEY LARGO OFFICE
OCEAN REEF CLUB
31 OCEAN REEF DRIVE
SUITE A206.
OCEAN REEF PLAZA
KEY LARGO. FLORIDA 3:lO:17
TELEPHONE 13051367-2881
LONDON OFFICE
4H MOUNT STREET
LONi:lON W1Y 5RE ENGLAND
TELEPHO~E 011-H171 A93-4840
FACSIMILE 011-441 71-493-4299
ORLANDO OFFICE
20 NORTH ORANGE AVENUE
SUITE 1000
ORLANDO. FLORIDA 32801
TELEPHONE (4071423·3200
FACSIMILE (4071425-8316
WEST PALM BEACH OFFICE
ONE CLEARLAKE CENTRE. SUITE 500
250 AUSTRALIAN AVENUE SOUTH
WEST PALM BEACH. FLORIDA 33401
MAILING ADDRESS P. O. BOX 3555
WEST PALM BEACH. FLORIDA 33402-3555
TELEPHONE 14071835-8500
FACSIMILE (4071650-8530 I'
Mr. Hector J. Garcia
December 17, 1996
Page 2
SHUTTS & BOWEN
We will check the probate court file for confirmation as to the acquisition of the property through
the probate process by our client, and will advise you of any further information we are able to
develop.
AM:lrp
enclosures
cc: Ms. Carmen J. Vazquez
MIA95 113704.1 -LRP
Sincerely yours,
SHUTTS & BOWEN LLP
I'
Deed Book
1653 page 420
Clerk's File
No. 52783
Dated
Sept. 20, 1935
Filed
Sept. 20, 1935
50.
Deed Book
1716 pa~e 43
Clerk's File
No. 82998
Dated
June 24, 1936
Filed
June 24, 1936
51.
H. H. Wiggins, a single
man
To
O. R. Moreno
Consideration: $10.00 & OVC
Grants, bargains and sells:
\I[arrant y Deed
The North 99 feet of the N! of the S~;I[~ of the NWt
of the ~Mi of Section 25, Township 54 South, Range 40
East, containing 1-1/2 acres more or less.
20¢ Florida Documentary Stamps.
50¢ Internal Revenue Stamps.
O. R. Noreno, a single
man
To
Benny Vazquez and Emily
Vazquez, his wife
Consideration: $10.00 & avc
Grants, bargains and sells:
1tlarranty Deed
-The North 99 feet of the N! of the SvJt;. of the m'Tt
of the mIT! of Section 25 Township 54 South, Range 40
East, containing 1-1/2 acres more or less
. {Known as Ludlum Road in City of South l-a ami, Florida'
50¢ Florida Documentary Stamps.
50¢ Internal Revenue Stamps.
~
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IN THE CIRCUIT COURT FOR
DADE COUNTY .FLORIDA
PROBATE DIVISION
IN RE: ESTATE OP
. ,
BERNARD VASQUEZ
a/k/a BENNY VASQUEZ
Deceased
Filt Number
Dmsion . 0
NOTICE OP ADMINISTRA nON
1lIe administration oC the eltate oC Berna rd Vasquez a/k/a Benny Vasquez
deceased, Fi1e Number ________ • Is pending in the Circuii Court for __ D_a_d_e ____ _
County, Florida, Probate Division, the addrels oC which Is Dade County Courthouse, 73
West Flagler Street, Rooms 234-238, Miami, Florida 33130
The names and addresses of the personal representative and the personal representative's attorney are set forth below.
All interested persons are required to file with this court, WITHIN ntREE MONntS OF THE FIRST
PUBLICATION OF THIS NOTICE: (I) all claiml against the estate and (2) any objection by an interested person
on whom this notice Is served that chal1~nge!l the validity o(lhe will,the qualincations of the personal repre5entative,
venue, or jurisdiction of the court.
ALL CLAIMS AND OBJECTIONS NOT SO FILED WILL BE POREVER BARRED.
Publication oC this Notice hi. begun on ___ -,. ______________ _
Personal. Reprelentallve: . /. .,".
. -Ill i,,) "d:', wi V u 7C{ t(~
Carmen Vasquez' ;,(Name) a/lila ~armen J.
5805 S. W. 67th Avenue Vasquez
~ntI!q;ld:.~ntatlve:~
Florida Bar No. 169990
Miami, Florida 33143
(Addrels)
Harold A. Wheeler, Sr.
(Name)
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NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Division
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663-6327; Fax #: (305) 666-4591
On Tuesday, February 11, 1997, at 7:30 P.M. the City of South Miami Planning Board will
conduct a Public Hearing in the Commission Chambers at the above address on the following:
ITEM: PB-97-004
Applicant:
Request:
Location:
Hector Garcia
A waiver of right-of-way improvements to allow a 32.5 foot right-of-way where a
50 foot right-of-way is required, pursuant to Section 20-4.2(C)(1) of the Land
Development Code.
5805 SW 67 Avenue South Miami, Florida 33143
All interested parties are urged to attend. Objections or expressions of approval may be made in
person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the
right to recommend to the City Commission whatever the board considers in the best interest for
the area involved. Interested parties requesting information are asked to contact the BZCD
Department by calling 663-6347 or writing to the address indicated above.
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,
and for such purpose may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
Refer to hearing number when making any inquiry.
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APPLICANT: ~ ~
HECTOR GARCIA
C'.'.'NER:
CARMEN VAZQUEZ NORTII
ADDRESS: HEARING NUMBER:
5805 SW 67 AVENUE PB-97-004
REQUEST: DATE:
WAIVER OF RIGHT OF WAY IMPROVEMENTS FEBRUARY 11,1997
CITY 0 F SO UTH MIAMI PLANNING BOARD \ ,
SUMMARY MINUTES
Planning Board
Regular Meeting
Tuesday, February 11, 1997
City Commissioners' Chambers
7:30 P.M.
I. Call to order and Pledge of Allegiance
A. Mr. Subrata Basu, Chairperson, called the meeting to order at 7:40 p.m.
II. Roll Call
A. Board members present constituting a quorum:
S. Basu (Chairperson); K. Zeller (Vice-Chairperson); A. Oliveros; G. Illas; A. Dupree; C.
Thorner; and J. Letley.
B. City staff present:
Bill Mackey (Planning & Zoning Director); Brian Soltz (Planner); Greg Oravec (Planning
Technician); and David Struder (Board Secretary).
C. Opening remarks:
Prior to the Board's consideration of tonight's agenda, the Chair recognized Vice-Mayor Julio
Robaina, who was present in the audience. Mr. Robaina approached the Board in order to make
his opening remarks, including the welcoming of Mr. John Lefley back as a member of the
Planning Board.
III. Public Hearings
A. ITEM: PB-97-004
Applicant:
Request:
Location:
Hector Garcia
A waiver of right-of-way (ROW) improvements to allow a 32.5 foot right-of-way
where a 50 foot right-of-way is required, pursuant to Section 20-4.2(C)(1) of the
Land Development Code.
5805 SW 67 Avenue South Miami, Florida 33143
Excelpred PE Min 2-11-9-
1. Mr. Lefley read the request into the record.
2. Staff presented the application to the Board.
a. Staff explained that the major thrust of the application involves the allowance of a more
slender right-of-way (ROW), namely SW 58 Street, which will serve a total of five residences.
b. Staff reviewed the three recommended conditions for approval of the application, as outlined
in their memorandum dated February 6, 1997.
3. Public hearing was opened.
a. Mr. Hector Garcia, applicant, approached the Board to speak; however, he did not sign in for
the record. Mr. Garcia summarized the reasons for the request of a more narrow ROW with its
resulting improvements, including the re-paving and landscaping of SW 58 th Street.
b. Mr. Ned Feenane, City resident, signed in to speak before the Board. Mr. Feenane
summarized his concerns as being the placement of any septic tanks near existing wells and the
welfare of any neighborhood children in regard to an increase in traffic.
c. Ms. Nina Postlethwaite, of 5767 SW 65 Avenue, signed in and spoke before the Board. Ms.
Postlethwaite related her concerns as being any drainage issues that may be involved, including
those that may exacerbate such problems already occurring in the neighborhood. Ms.
Postlethwaite also explained her other concerns as being those relating to construction of the
new residences and to bonding as a safeguard against any concomitant damages from the work.
d. Mr. Harold Solomon, of 6521 SW 58 Street, signed in to speak before the Board. Mr.
Solomon addressed concerns involving drainage and flooding in the vicinity and traffic on a
narrower ROW. Mr. Solomon suggested that the City may wish to consider additional drainage
and a wider ROW in the area under discussion. Mr. Solomon closed by stating that he was
opposed to approval of the application.
e. Mr. Rex Russo, of 5811 SW 65 Avenue, signed in and spoke before the Board. Mr. Russo
began by asking for clarification of certain items, such as proposed width of pavement and
parkway for SW 58 th Street and intended landscaping of the subject street and cul-de-sac.
f. Mr. Mart Orbach, of 6511 SW 58 Street, signed in and spoke before the Board. Mr. Orbach
related that drainage and setbacks are "key" issues to address in this application.
g. Mr. Roger Douche, of 5811 SW 65 Avenue, signed in to address the Board. Mr. Douche
stated that he lives on the subject cul-de-sac and that drainage continues to be a problem for the
area. He followed up on concerns related earlier by commenting on a possible traffic increase
and the proposed width of the ROW. Mr. Douche closed by stating that he was opposed to
approval of the application.
Exce!pted FE Mill 2-11-9':'
h. Mr. Fred Metelnikun, of 6501 SW 58 Street, signed in to speak before the Board. Mr.
Metelnikun questioned what would happen if the street was to be widened, and he stated his
opposition to approval of the application.
i. Mr. Garcia returned to the podium and was able to address residents' concerns vocalized thus
far.
4. The public hearing was closed.
a. Mr. Lefley inquired as to drainage in the area, including the completion of a percolation study,
and mobility at the cul-de-sac, such as the allowance of fire trucks. Mr. Lefley suggested that
the acceptance of fire equipment at the cul-de-sac and the approval thereof by Metro-Dade be
addressed as the City's fourth condition.
b. Ms. Dupree opined that if drainage has been a problem in the area, as the residents have
stated, it should have been addressed long before any proposal for development was presented to
the City.
c. Mr. Oliveros stated his belief that, as a result of this application, benefits will be seen in that
section of the City, including improvements to the ROWand the cul-de-sac. Mr. Oliveros
opined that resulting conditions will be better than the current situation in the area.
d. Both Ms. Zeller and Mr. Illas explained that their concerns must be the concerns of the
neighbors. Mr. Illas stated that he believed insufficient information had been presented in order
for the Board to fully consider the project's impact on the neighborhood.
e. Mr. Subrata Basu stated that he had several concerns involving this application, such as
drainage, bonding, elevations, and street width.
5. Motion: Mr. Oliveros moved approval of the application, based on the following conditions:
1) that engineering calculations and specifics be included in the project in order to ensure proper
drainage; 2) that the pavement be more standard in width, specifically from the proposed 16 feet
to 20 feet; 3) that the proposed elevations, particularly the northern side elevations, be respectful
of the street and the neighborhood in their appearance; 4) that standard bonding practices be
included in the project, particularly for ROW improvements. Ms. Thorner seconded the motion.
6. Vote: Approved: 4 Opposed: 3
(Ms. Zeller)
(Mr. Lefley)
(Mf. Illas)
7. Following consideration of the matter, Mr. Oliveros departed the meeting.
ExceJpted FE Mill 2-11-9-:
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review t/k/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida: that the attached copy of advertisement.
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
CITY COMMISSION MEETING
MARCH 4 I 1997 -RESOLUTION
RELATING TO THE REQUEST FOR A
WAIVER Of RIGHT-Of-WAY IMPROVEMENTS
In the ........... X~.~.XX ................. Court,
was published In said newspaper In the Issues of Feb 21, 1997
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida.
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mali matter at the post
office In Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy rtlsement; and affiant further says that she has
neit r pal nor promised any person, firm or corporation
Isco t, rebate, commission or refund for the purpose
cur g this advertisement for publication In the said
// ISworn t.o and subscribed before me this
.2.1. daf~; ... ~~DM" A.D. 19 .. j7
'-/7y "'d.: -/P.+'#~~7-:-No-r-A::1-Y-S-'E.A~L""'!1 .~~_~ .. ~;/://t/.~ .. ' ... -: :,..'>.... fj~.";" .. < . MieH LLERENA I
/" > .: .. '.=. t: (~ C(H.4r1lf~SJc~~ tKIM'3E~~ t (SEAL) ,/ .:. . '"..i, (. . -, "
._-I_ole' ':, CC36SCO.t ,
Sookle WIlliams personally knOliln,'!o AIa'~ .• ' _~, ... ". -e," ,.'O),,,,,c',! I /,.... ~',L'!" i ~.CI,',,:,~.vN E,,, , "--I
L · Cc ;:,_'J J!JNF.. 23.2([',1 I
--~~ -------
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami Florida will conduct a Public Hearing during its regular
City Commis'sion meeting on Tuesday, March 4, 1997, begin~ing at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Dnve, to
consider the following:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE REQUEST FOR A WAIVER OF RIGHT-OF-WAY
IMPROVEMENTS, PURSUANT TO SECTION 2O-4.2(C)(1)
OF THE LAND DEVELOPMENT CODE, REGARDING THE
PROPERTY LOCATED AT 5805 SW 67 AVENUE, SOUTH
MIAMI, FLORIDA 33143; PROVIDING FOR BONDING
PURSUANT TO SECTION 17-9 OF THE CODE OF ORDI-
NANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND,
PROVIDING FOR AN EFFECTIVE DATE.
Inquiries concerning this item should be directed to the Planning &
Zoning Division at: 663-6347.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter conSidered
at its meeting or hearing, he or she will need a record of the proceed-
ings, and that for such purpose, affected p~rson may n~ to ensure
that a verbatim record of the proceedings IS made which record In-
cludes the testimony and evidence upon which the appeal is to be
based.
2121 97-3-022118M
19