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Res. No. 219-97-10189
RESOLUTION NO.219-97-10189 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING THE FINAL PLAT OF MONTEBELLO ESTATES SUBDIVISION,PURSUANT TO SECTION 20-4.2 OF THE LAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT 5805 SW 67 AVENUE,SOUTH MIAMI, FLORIDA 33143;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 H,of the Southwest H of the Northwest H 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,Planning &Zoning Division staff has recommended approval of the final plat,which recommendation is based upon (a)consistency with the City's adopted Comprehensive Plan,and (b)consistency with the City's Land Development Code;and, WHEREAS,on September 9,1997,Planning Board voted 6:0to recommend approval of the final plat of Montebello Estates;and, 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 final plat of Montebello Estates Subdivision, dated August 18,1997,prepared by Mario Prats Jr.&Associates, Inc.,Certificate of Authorization No.4249,signed and sealed by Mario Prats,Jr.,Professional Surveyor and Mapper No.3332,and on file with the City Clerk of the City of South Miami,Florida, the same being a Plat of the property legally described herein is hereby approved. Montebello Estates Plat:Public Hearing October 7,1997 Page 2 of Res.#219-97-100189 Section 2.This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 7th day of October,1997. ATTEST (Uuj££) CITY CLERK READ AND APPROVED AS TO FORM: /£->•(fS^tte/2— CITY ATTORNEY COMMISSION VOTE:5-0 Mayor Price:Yea Vice Mayor Robaina:Yea Commissioner Bethel:Yea Commissioner Oliveros:Yea Commissioner Young:Yea c:\...\reports\59Street Plat Res.doc Montebello Estates Plat:Public Hearing October 7,1997 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM randCityCommission Date:September30,1997 '^^^/V^Agenda Item #49 From:L.Dennis Whitt ^V Re:Comm.Mtg.10/07/97 CityManager MontebelloEstatesPlat REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING THE FINAL PLAT OF MONTEBELLO ESTATES SUBDIVISION,PURSUANT TO SECTION 20-4.2 OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT5805SW67 AVENUE,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND &ANALYSIS: OnMarch 4,1997,theCity Commission adopted Resolution No.44-97-10015 whichgranteda waiver of right-of-way improvements,inordertoprovideforan increase ingreenperviousarea, areductioninrequiredstreetpavingandamodifiedstreettreeplantingplanfortheproperty locatedat5805S.W.67Avenuetopermitthe construction of three,newsingle-family homes. The attached resolution adopts the final platforthis property whichis identical tothe previously adopted plan.Theattachedstaffreport details thelot areas foreach of the proposed lots. OnSeptember9,1997,thePlanningBoardvoted6:0to recommend approval ofthefinal plat. RECOMMENDATION:Approval. Attachments: Resolution for Public Hearing and adoption Planning Board Staff Report byBrianT.Soltz Resolution No.44-97-10015,adopted March 4,1997 Letter of Intent from Applicant's Representative February 11,1997 Excepted Planning BoardMinutes Reduction of the Proposed Final Plat Document Metro-Dade County Plat Committee Notice of Action Metro-Dade County Memorandum,dated August 14,1997 South Miami Letter tothe Applicant,dated August 29,1997 South Miami Advertisement for Publication and Mailing South Miami Mailing AreaMap(500-footmailingradius) September 9,1997 Excerpted Planning Board Minutes City Manager's Report:MontebelloEstatesPlat To: From: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM Bill Mackey,AICP Director ofPlanning &Zoning Brian T.Soltz^^_ Planner 4 ITEM:PB-97-025 Applicant:H.G.Enterprises of SouthMiami Request: Date:August 27,1997 Re:Tentative and Final Plat Montebello Estates Location: Approval of tentativeand final plat of MONTEBELLO ESTATES SUBDIVISION. 5805 SW 67 Avenue South Miami,Florida 33143 BACKGROUND The applicant is requesting approval of the tentative and final plat of MONTEBELLO ESTATES SUBDIVISION.Thesubject property islocatedintheRS-3SingleFamily Residential zoning district.The applicant is proposing tosubdivideasingle track of land whichis54,406 square feetintotwoblockswithtwolotsperblockas follows: Block 1,Lot 1 Block l,Lot2 Block 2,Lot 1 Block 2,Lot 2 10,580squarefeet 11,604 squarefeet 11,162 squarefeet 11,841 squarefeet The proposed lot sizes meet all minimum dimensional requirements as set forth in Section 20-3.5E of the City's Land Development. ANALYSIS On March 4,1997,theCityCommission approved ResolutionNo.44-97-10015 (see attached)which approved the request for a waiver of right-of-way improvements.The proposed platting of the lots is identical to what was approved by the City,Commission. COMPREHENSIVE PLAN This requested Special Use Permit does not conflict with the adopted Comprehensive Plan of the City of SouthMiami. Xf APPLICABLE REGULATIONS Land Development Code •Section 20-4.2 (Land Subdivision Regulations) •Section 20-3.5E (Dimensional Requirements) RECOMMENDATION Staff recommends APPROVAL of thespecialusepermit. \SMOI\Planning\Planning Board\ReportsVMontebeilo StaffReport - * RESOLUTION NO.44-97-10015 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OP THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE REQUEST FOR A WAIVER OF RIGHT-OF-WAY IMPROVEMENTS,PURSUANT TO SECTION 20-4.2(0(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 M of the Northwest H of the Northwest YAi 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 ofthe application for said waiver,which recommendation isbasedupon (a)themeritsoftheapplicationasitrelatestorequirementsin theLandDevelopmentCodeand (b)theapplication's consistency with the City's adopted Comprehensive Plan;and, WHEREAS,on February 11,1997,the Planning Board voted 4:3 torecommendapprovaloftheapplicationwiththeconditionsthat (1)engineeringcalculationsandspecificsbe included inthe project inorderto ensure proper drainage;(2)the pavement be more standard in width,specifically from the proposed 16feetto 20 feet;(3)theproposed elevations,particularlythenorthern sideelevations,be respectful ofthestreet and the neighborhood intheir appearance;(4)standardbondingpractices be*included inthe project,particularlyfor right-of-way improvements;and, Right-of-Way Resolution:PublicHearingMarch 4,1997 1 * 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:Aoaxuw u* Section l.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 (facades)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 4th day of March,1997, ATTEST: n/UdLn2L ^M CITY CLERK <ytdj&4s READANDAPPROVED AS TO FORM: CITY ATTORNEY Right-of-Way Resolution:Public Hearing March 4,1997 APPROVED: VICE MAYOR COMMISSION VOTE:4-0 Vice Mayor Robaina:Yea Commissioner Price:Yea Commissioner Bethel:Yea Commissioner Young:Yeac5...\reports \59-Strea-ROW.doc 4 SUMMARY MINUTES PlanningBoard Regular Meeting Tuesday,February 11,1997 City Commissioners'Chambers 7:30 P.M. A.ITEM:PB-97-004 i Applicant:Hector Garcia Request: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. Location:5805 SW 67 Avenue SouthMiami,Florida 33143 1.Mr.Lefley read the request intothe record. 2.Staff presented the application tothe Board. a.Staff explained that the major thrust of the application involves the allowance ofa more slender right-of-way (ROW),namely SW 58 Street,which will serve a total of five residences. b.Staffreviewedthe three recommended conditions for approval of the application,as outlined in their memorandum datedFebruary6,1997. 3.Publichearingwas opened. a.Mr.Hector Garcia,applicant,approached the Board to speak;however,he did not sign inforthe record.Mr.Garcia summarizedthe reasons for therequest of amore narrow ROW with its resulting improvements,including the re-paving and landscaping ofSW 58*Street. b.Mr.Ned Feenane,City resident,signed into 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 5767SW65Avenue,signed inandspokebeforethe Board. Ms.Postlethwaite related her concerns as being any drainage issues that maybe involved, ** including those that may exacerbate such problems already occurring inthe neighborhood.Ms.Postlethwaite also explained her other concerns as being those relating to construction of thenew residences and to bonding as a safeguard against any concomitant damages fromthe work. d.Mr.Harold Solomon,of 6521 SW58Street,signedintospeakbeforethe Board.Mr. Solomon addressed concerns involving drainage and flooding inthevicinityandtraffic ona narrower ROW.Mr.Solomon suggested thattheCitymaywishto consider additional drainage and a wider ROWinthe area under discussion.Mr.Solomon closed by stating thathewas opposed to approval of the application. e.Mr.RexRusso,of 5811 SW65Avenue,signedinandspokebeforethe Board.Mr. Russo began by asking for clarification of certain items,such as proposed width of pavement and parkway for SW 58th Street and intended landscaping of the subject street and cul-de-sac. f.Mr.Mart Orbach,of 6511 SW58 Street,signedinandspokebeforethe Board.Mr. Orbach related that drainage and setbacks are "key"issues to address inthis application. g.Mr.Roger Douche,of 5811 SW 65 Avenue,signed into address the Board.Mr. Douche stated thathelivesonthe subject cul-de-sac and that drainage continues tobea problem for the area.He followed up on concerns related earlier by commenting ona possible traffic increase and the proposed width of the ROW.Mr.Douche closed by stating thathewas opposed to approval of the application. h.Mr.FredMetelnikun,of 6501 SW58Street,signedintospeakbeforethe Board.Mr. Metelnikun questioned what would happen if the street was tobe widened,and he stated hisoppositiontoapproval of the application. i.Mr.Garcia returned tothe podium and was able to address residents'concerns vocalized thus far. 4.Thepublichearingwasclosed. a.Mr.Lefley inquired as to drainage inthe area,including the completion ofa 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,itshouldhavebeen addressed longbeforeany proposal for developmentwas presentedtotheCity. c.Mr.Oliveros stated hisbelief that,asa result of this application,benefits willbeseen xS inthatsection of theCity,includingimprovementstothe ROW andthe cul-de-sac.Mr. Oliveros opinedthat resulting conditions willbe better thanthe current situation inthe area. d.BothMs.ZellerandMr.Illasexplainedthattheirconcernsmustbetheconcerns of the neighbors.Mr.Illas stated that he believed insufficient information hadbeen presented in order for theBoardtofully consider the project's impactonthe neighborhood. e.Mr.Subrata Basu statedthathehadseveralconcerns involving thisapplication,suchas drainage,bonding,elevations,andstreetwidth.#?• 5.Motion:Mr.Oliverosmoved approval of the application,basedonthe following conditions:1)that engineering calculations and specifics be included inthe project in order to ensure proper drainage;2)that the pavement bemore standard in width, specifically from the proposed 16 feet to20 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 inthe project, particularly for ROW improvements.Ms.Thorner seconded the motion. 6.Vote:Approved:4Opposed:3 (Ms.Zeller) (Mr.Lefley) (Mr.Illas) x Jo qit5m-- iC 1f •ICcr.$•1/4 COItlitftilit. -JS.CHM«0 i .i rii~®~i«: T! i««h.«j.Baaneac*«ouwmam.mo.onauac^aa MNo*i901»IM4.US•*<*•#MOTlM4andtfSnafel MN]W.I/COl**HW.1/4.OfMcton».town*©M*****I papecouyrymATnggnucnows: ownersnATRFcrnirrnoMtt sutforpjoaoA» "MONTEBELLOESTATES" ASUBDIVISIONOFAPORTIONOFTHES.W.1/4.OFTHEN.W.1/4.OFTHEN.W.1/4 SECTION25-TOWNSHIP54SOUTH-RANGE40EAST. SOUTHMIAMIDADECOUNTYFLORIDA 'COfllNNEESTATES'\ (72-91) I 2'3 ItMII1/4.IIl(l|/ I1/1.III.,,1 "•"*•<i,!t" •in2 ffi? vt«it.Hiits«n BLo:K® .J- 'I MARIOPRATSJR.AASSOCIATES.INC. SUBVEYORS-MAPPERS•PLANNERS 300tWKlTiArrmnM.tjfHa.2U-MttnLnoMOtill* I"JACMILSUBDIVISION* jj166-81)] !»!'\ III J1I— j(J(-*DMUl/lll1/4.KI1/4.•«StC.K-S4< /Cl*J^!L"._'i°_i".,-J»_f4,,,,2l: hkws** VIIII.IUKS4ft BLOCK® irtc11.HI41Ufti; NOTSUBDIVIDED PB.PG. SHEET1of1 UUCPOfl.ISH56IB CJTYQFSQUIBMIAMIAfrBfl^Al^t xtotcomotoDomoo*•»anaana(** n.«wfb4>rntotrt toa-AlMiBVlhitPft—ttt nAnarnoaaAt ii€«WCt<Bl^lhaiont*oa>p««>onol>epp»»«dtt»4c»»i>B».enea«Mra«rc mjujnmM>Miii|>iiwrniiiiliiiiiVmiMi»l<ninriiiini»mn< —-——••—•>».mi.* stmvEvon-srareimciimB: MKTROPOITTANPAPBCOMWTVAPPROVALS! Mklsiii«rMMMq«Mnnia*rangl<li^MnMicfOaMMtfl« •*•*«*»«*_AA.t9We»*.«•»*_ Owno«*wC*cmCom t.miUWMIo>wwwtw*tic.,oB»»ag twMMAOHMMOt10M>MfIMOC taNamotAowo—aon. ryPUrtc.*o»ot _oorafAD.I WmvfnoymattflnnoiivincHanituto#notivooRiid wMMMmrMioMtiMMlekeMeiH Ca«l». METROPOLITAN DADE COUNTY PLAT COMMITTEE NOTICE OF ACTION Plat No.:T-19819-2-EXT. Sec.25 Twp.54 S.Rge.40 E. Municipality:SOUTH MIAMI Name:UN-NAMED Zoning:RS-3. Location by streets:SW 58 St &SW 67 Ave. Owner:H.G.Enterprises of South Miami,Inc.Phone:(305)596-9393 7790 SW 117 Ave.#137 Miami,_FL33183 Surveyor:Mario PratsJr.Phone:(305)551-6000 300 SW 107 Ave.#214 Miami,FL 33174 This isto advise you thatonAugust 15,1997the Dade County Plat Committee reviewed the above plat and thatthe same was: Approved asa Tentative Plat,the requirement for platting has not been waived,subjecttothe conditions indicatedontheattached action copy ^Approvedsubjectto conditions indicated onactioncopy Deferred for reasons indicated below Not approved forthereasonsindicated below NOTE: CONCURRENCY APPROVAL BY THE MUNICIPALITY IS REQUIRED PRIOR TO FINAL PLAT REVIEW AND PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. CITY CONCURRENCY REVIEW TO INCLUDE ALL Cliff,STATE & COUNTYROADS.T -V7 Prepared by Subdivision Control,Department of Planning,Development and Regulations.Call (305)375-2141 for information regarding this notice of action. a* iijl lit ivi \>rv r*1*a-*tu»itx TO:Platting Section >,J/^/fiDepartmentofPlanning,Development and Regulation AGIENDA DATE:y '// FROM:Plan Review Section SUBJECT: Department of Environmental ^.^ Resources Management TENTATIVE PLAT NO.:I'81 / This office has reviewed the referenced platand recommends the following: r r 7s Apublicwatersupplymustbeutilizedtoservethisentiresubdivision.Plansfortheextension of theexistingwater mainstoservethispropertymustbeapprovedbythis office priortotherecordation of thisplat. Apublic sewerage systemmustbeutilizedtoservethisentiresubdivision.Plansfortheextension of theexisting sewer system toservethispropertymustbeapprovedbythis office priortothe recordation of thisplat. Apublicwatersupplymustbeutilizedtoservethisentiresubdivision.Plansforthissystemhavebeen approved by this office.Therefore,wehavenoobjectiontotherecordation of thisplat. Apublicseweragesystemmustbeutilizedtoservethisentiresubdivision.Plansforthissystemhavebeen approved bythisoffice.Therefore,wehavenoobjectiontothe recordation of thisplat. Existingpublicwaterlinesmustbeutilizedtoservethissubdivision.Thisofficehasno objection tothe recordation of this plat. Existingpublicsewerlinesmustbeutilizedtoservethissubdivision.Thisofficehasno objection tothe recordation of thisplat. Theuse of septictanksisacceptableforthissubdivision. Individualwellsforpotableuseareacceptableforthissubdivision. Arestrictivecovenantmustbeexecutedwiththisofficepriortorecordation of thisplat.Formsforthiscovenant maybeobtainedatthisofficeat 111 N.W.1st Street,Suite 1010,Miami,Florida. Theuseofseptictankswillbe approved forthissubdivisionuponsubmittal of the final platand surveyors sealed certification thatalllots conform tothecurrentcodearea requirements. Development information notfurnished. Concurrency given. Pleasenotethattheregionalsewersystemisoperatingunderacapacityallocationprogramin accordance withthe FirstPartialConsentDecreebetweenMetropolitanDade County andtheUnitedStates of America (CaseNO.93- 1109 CIV Moreno).Undertheterms of thisConsentDecree,thisapprovaldoesnotconstituteanallocationor certification of adequatetreatmentandtransmissionsystemcapacity,whichwillbeevaluatedanddeterminedatthe time of agencyreview of thebuildingpermitplansforthereferencedproject. z: MillDateReviewed:°7 7 /By: C:\FORMSVMEMO.DOC -9/96 2$ City of South Miami BUILDIMG,ZONING &COMMUNITY DEVELOPMENT 6130 Sunset Drive /South Miami,Florida 33143 /(305)663-6327 Fax (305)666-4591 August 29,1997 Mr.Hector Garcia 940 N.W.82 Avenue Miami,Florida 33182 Dear Mr.Garcia: This letter isin response toyour correspondence,dated August 21,1997,regarding tentative and final plat approval for the creation ofthreenew single-family building sites onthe property which is located at5805 S.W.67 Avenue andis identified bytaxfolio number 09-4025-000-0350. For purposes of concurrency,this letter serves asa preliminary determination of concurrency for the property identified by tax folio number 09-4025-000-0350 and this project.The project is exempt from traffic concurrency evaluation under Section 20-4.1(C)(1)(g).Concurrency for water and sewer are evidenced by issuance ofa permit from Dade County's Water and Sewer Authority.Concurrency for solid waste is evidenced bytheCity's contract with Metro-Dade County for waste disposal.Concurrency for drainage is evidenced by the issuance ofa valid City building permit under the South Florida Building Code requirements.The City has park land capacity to accommodate a population of 14,500. Population for concurrency purposes is estimated at 10,695.With the addition of this project,population is expected to increase to 10,703;therefore,thisprojectdoesnot decrease anyadopted levels-of-service andmeets concurrency. Thank youfor your inquiry. Sincerelv, Bill Mackey,AICP Director ofPlanning&Zbning c:L.Dennis Whitt City Manager Sonia Lama,AIA Director ofBuilding «\...\concun-cncy \5805S.W.67Ave "Cityof Pleasant Living'2$ NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning andZoningDivision 6130 Sunset Drive;South Miami,Florida 33143 Phone:(305)663-6327;Fax#:(305)666-4591 On Tuesday,September 9,1997,at 7:30 P.M.the City of South Miami Planning Board will conduct aPublicHearinginthe Commission Chambers attheabove address onthe following: ITEM:PB-97-025 Applicant:H.G.Enterprises of SouthMiami Request:An approval ofthe tentative and final platof MONTEBELLO ESTATES SUBDIVISION. Legal:The North 99.00'feet,LESS the West 35.00'feet and LESS the East 91.00',of the North Vi,ofthe S.W.lA,ofthe N.W.%,ofthe N.W.%,of Section 25,Township 54 South,Range 40 East,lying and being in Dade County,Florida. Location: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 atthe hearing or filed in writing prior tooratthe hearing.The Planning Board reserves therightto recommend totheCity Commission whatever the board considers inthebest interest forthearea involved.Interested parties requesting information areaskedto contact the Planning and Zoning Department by calling 663-6347 or writing tothe address indicated above. Youarehereby advised thatifany person desires to appeal any decision madewith respect to anymatter considered atthis meeting or hearing,such person willneedarecordofthe proceedings,andforsuch purpose may need to ensure thata verbatim record ofthe proceedings ismade,whichrecordincludesthetestimonyandevidenceuponwhichtheappealistobebased (F.S.286.0105).Refertohearingnumberwhenmakinganyinquiry. it Vrfr Ca—*f VUTH miA Mi FIELD MAILING AREA APPLICANT: H.G.ENTERPRISES OF SOUTH MIAMI t NORTH OWNER: SAME AS ABOVE ADDRESS: 5805 SW 67 AVENUE HEARING NUMBER: PB-97-025 REQUEST: TENTATIVE &FINAL PLAT APPROVAL DATE: SEPTEMBERS 1997 CITY OF SOUTH MIAMI PLANNING BOARD 2 EXCERPTED MINUTES Planning Board Tuesday,September 9th,1997 Sylva G.MartinBuilding 7:30 P.M. III.Public Hearings B.ITEM:PB-97-023 Applicant:H.G.Enterprises of SouthMiami Request:An approval ofthe tentative andfinalplatof MONTEBELLO ESTATES SUBDIVISION. Legal:TheNorth99.00'feet,LESS the West 35.00'feetand LESS theEast91.00',ofthe North Vi,ofthe S.W.%,oftheN.W.Vi,oftheN.W.Vi,of Section 25,Township 54 South,Range 40 East,lying and being inDade County,Florida. Location:5805 SW 67 Avenue South Miami,Florida 33143 1.Mr.Lefley readthe request intotherecord. 2.Staff presented the item tothe Board,relating background information associated withthe application,including consideration bythe Planning Board fora waiver of ROW improvements in February of thisyear. 3.Staff reviewed specifics involved withthe application thathadbeen considered bythe Planning Boardearlierthis year,particularly in regard tothe allowance ofamore slender right- of-way,namely SW 58 Street. 4.Priortotheopeningofthe public hearing,theBoardandstaff discussed several concerns involving the application,including radius ofthe cul-de-sac,width ofthe right-of-way,and future erection offences. 5.Public hearing was opened. a.Mr.Hector Garcia,ofH.G.Enterprises,signed into speak beforethe Board.Mr.Garcia opined that,overall,they had "a very good project",and he explained that they were before the Board due tothe County's requirement that the parcel be platted as opposed toa waiver of plat. b.Mr.Anthony Recio,of 6541 SW 59 Street,signed into speak and inquired astothe estimated marketvalue of thenewresidencesandestimatedtimeforprojectcompletion. c.Mr.Roger Douche,of 6625 SW 58 Street,signed into address the Board and inquired as to the circumference of the circle or cul-de-sac. PB Min 9-9-97 d.Mr.Harold Saive,of 5763 SW65Avenue,signedinto speak.Mr.Saivespokein regard to the estimated timefor project completion,relating thatitwouldbea disruption tothe neighborhood if the project wastotaketwo years to finish as Mr.Garcia had guessed,and he opined that it would be preferable to complete the residences and then place them onthe market. e.Asthe public hearing continued,the Board and Mr.Garcia discussed the several concerns involving the application,such as drainage,including calculations,grade,drains,and a request to thePublicWorksDepartmenttoinspectexisting drains for maintenance purposes. f.Discussion ensued regarding the side elevations of residences facing north,including landscaping and fencing concerns associated with those side elevations. g.Ms.Nina Postlethwaite,of 5763 SW 65 Avenue,signed in and spoke before the Board.Ms. Postlethwaiterelatedthatshehad concerns pertaining to construction,particularly those involvinganydynamitingand/or blasting. 6.Publichearingwasclosed. 7.Motion:Ms.Dupree moved approval ofthe application,as presented.Mr.Pages seconded the motion. 8.Firstamendmenttothemotion:Mr.Mortonmovedapproval of anamendmenttoestablisha "fencing setback"of fifteen feet between the connecting point ofthe northeast corner ofthe western property and the connecting point ofthe northwest corner of the eastern property.Mr. Lefley seconded theamendmenttothemotion. 9.Vote ontheamendment:Approved:3Opposed:3 (Ms.Dupree) (Ms.Thorner) (Mr.Pages) 10.The amendment failed. 11.Second amendment tothemotion:Ms.Thorner moved approval of asecondamendmentfor the developer tobe responsible for drainage and any associated problems for a period of two years following completion of the project,specifically from the date that the last residence is completed.Mr.Basu seconded the amendment tothemotion. 12.Discussionwasheldonthesecondamendmentwhereuponitwaswithdrawnfromthefloor and no vote was taken. 13.Following discussion withdrawal of the second amendment,the Board votedonthemain motion. 14.Vote onthemotion:Approved:6Opposed:0 PB Min 9-9-97 3 MIAMI DAILY BUSINESS REVIEW PublishedDaily except Saturday,Sunday and Legal Holidays Miami,Dade County,Florida. STATE OF FLORIDA COUNTY OF DADE: Beforetheundersignedauthoritypersonallyappeared Sookie Williams,whoonoath says that she isthe Vice PresidentofLegalAdvertisingofthe Miami Daily Business Review f/k/a Miami Review,adaily(exceptSaturday,Sunday andLegalHolidays)newspaper,published atMiamiinDade County,Florida;thattheattachedcopyofadvertisement, being aLegal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING OCTOBER 7,1997 In the XXXXX Court, *«publlshejd In saitLnewspaoer In the issues of Affiant further saysthatthesaid Miami Daily Business ReviewIsa newspaper published atMiamiInsaidDade County,Florida,andthatthesaidnewsoaperhasheretofore beencontinuously puDlished InsaidDadeCounty,Florida, eachday(except Saturday,SundayandLegal Holidays)and has beeneQlered assecondclass mall matteratthepost offlce^Mlarii in said Dade County,Florida,for a period ofonej*ar nex/precedlng the first publication of the attached copj/of advfVtlsement;and affiant further says that she has neither pal*norpromisedanyperson,firm or corporation any dlscournt,rebate,commission orrefundforthe purpose of securing this advertisement for publication Inthe said M^c^Ot^C^wt^ca 19 SwSepteA^St3ed be,ore me %*? dayof ,a.D.19 (SEAL)^___mmm j Sookie William.personllly^SwrrHo^me.**g£f MARMER -Pt^.'i ,T "fS r:c*n«ssiON NWBER CHERYLH MARMER §'^•SV 7 ^COMMISSION NWBER %<iM'l <CC5453B4 T»Hq^o?MY COMMISSION EXPIRES of ?\P APR.12,2000 L Krf-iiSf r r r:::iU isw*?-ftt..-^: CITY OFSOUTH UmEET****£&* NOTICE OF A PUBLIC HEARING NOTICE ISHEREBYgiventhattheCityCommissionoftheCityof SouthMiami,Roridawill conduct aPublicHearingduringits regular City Commission meeting on Tuesday,October7,1997,beginningat 7:30 p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider thefollowing:,,~j -• A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A wj "RESTAURANT,GENERAL-,PURSUANTTO SECTION 20- 3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5837 SUNSET DRIVE,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING FOR AN EFFECTIVEDATE._:V ••* -*""A RESOLUTION OFTHE MAYOR AND CITY COMMISSION" OF THE CITY OF SOUTH MIAMI,FLORIDA APPROVING THE FINAL PLAT OF MONTEBELLO ESTATES SUBDIVISION,PURSUANT TO SECTION 20-4.2 OF THE LAND DEVELOPMENT CODE,REGARDING THE PROPERTY LOCATED AT 5805 SW 67 AVENUE,SOUTH MIAMI,FLORIDA 33143;PROVIDING FOR A LEGAL DESCRIPTION;AND,PROVIDING FORAN EFFECTIVE DATE.w Inquiries concerning thisitem should bedirectedtothePlanning& Zoning Division at:663-6347. ALL interested parties are invited to attend and will be heard. Ronetta Taylor,CMC City Clerk Cityof South Miami ^Pursuant to Florida Statutes 286.0105,theCityhereby advises the publicthatifaperson decides toappealanydecisionmadebythis Board,Agency or Commission with respect toanymatterconsidered atits meeting or hearing,he or she will need arecordofthe proceed ings,andthatforsuch purpose,affected personmayneedtoensure thata verbatim recordof the proceedings is made whichrecordin cludes the testimony and evidence upon whichtheappealistobe based. 9/19 _.u u 97-3-091909M tf