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17THE CITY OF PLEASAN T LI V I NG CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, Planning and Zoning Director DATE: February 7, 2017 SUBJECT: 17 A Resolution relating to an application for waiver of plat for the subdivision of property located at 6795 SW 74 Street . BACKGROUND: On May 10, 2016, an application for Waiver of Plat requesting approval to re -plat the existing single-family residential parcel located at 6795 SW 74 Street into four (4) single family parcels was reviewed by the Planning Board and recommended for denial (please see attached meeting minutes). Instead of proceeding forward with the original application, the owner took the Board recommendations and the comments from the individuals who spoke at the meeting into consideration, and revised the plans. REQUEST: Mr. William Burdette, the property owner, is requesting approval through the Waiver of Plat process as provided in Land Development Code (LDC) Section 20-4.2 and as amended by Ordinance #11-16-2244 (attached), to subdivide the above referenced property into three (3) 6795 SW 74 Street -Waiver of Plat Application February 7,2017 Page 2 of 8 parcels of land for the purpose of maintaining the existing single family residence and constructing two (2) new two-story single family residences. ANALYSIS: Located in the Semi-Estate Residential (RS-2) zoning district, the intent of the proposed waiver of plat application is to subdivide the parcel of land located at 6795 SW 74 Street into three (3) single family residential parcels (Parcel "A", Parcel "B", and Parcel "("). As shown in the table below, the three (3) proposed parcels at this location are consistent with the dimensional requirements for the RS-2 zoning district. t· RS-2 Dimensional Requirements Chart Minimum Parent Proposed Proposed Proposed Required Tract Parcel A Parcel B Parcel C Lot Size (SF) 15,000 73,132 18,845 25,351 21,230 Frontage (Ft.) 100 237.35 100 108.21 212.35 Pursuant to the amended Subsection (B)(2)(a)(i), The building site created by the proposed waiver of plat 'Ilei'ler sf p/et, tentative or final plat, will should be equal to or larger than the FRe{erity median of the existing building sites eRd sf tRe seFRe CRertlcter es in the sS/;Jr .. :e/;JRdiRfj area (this shall be demonstrated using copies of the official plat maps for the subject property and surrounding neighborhood), unless otherwise permitted by this ordinance. Surrounding area is defined as all lots within the same zoning district and within five hundred (500) feet from the exterior boundaries of the subject property. The review of the lots against the above listed guideline can be found in the table below. Waiver of Plat Median Analysis Chart Surrounding Proposed Proposed Proposed Area Parcel A Parcel B Parcel C Net Lot Areal 20,229.0 18,845 25,351 21,230 Buildable Site (SF) Lot Frontage (Ft.) 130 100 108.21 212.35 After comparing the proposed parcels to the surrounding area, it was found that only Parcel ( exceeds the median of the surrounding area for both lot area and lot frontage. Parcel A doesn't meet the median for either lot size or lot frontage, and Parcel B does not meet the median lot frontage. Parcel A is approximately 7% smaller in area than the median and its frontage is approximately 23% narrower than the median as well. The frontage of Parcel B is approximately 6795 SW 74 Street -Waiver of Plat Application February 7, 2017 Page 3 of 8 17% narrower than the median. It is important to note that pursuant to the new Subsection (B)(2)(a)(ii), The city commission may, in its discretion, approve a subdivision of land into lots that are included as part of a waiver of plat, tentative or final plat and that have lot frontage or lot area that is less than the Surrounding area median, provided it is approved by four votes of the City Commission and provided that at least the minimum reguirements of the Land Development Code are satisfied. For more information on the median buildable site/lot size and the median frontage for the surrounding area, please refer to the attached exhibit, "Waiver of Plat Analysis for 6795 SW 74 Street". Currently there is an existing single family residence on the property, and the property owner's intent is to maintain that residence on Parcel B once the property is subdivided. The two (2) remaining parcels, Parcel A and Parcel C, will each contain a new single family residence. Pursuant to Subsection (B)(2)(b), The building site created by the proposed waiver of plat VlBJv-er ef ptBt, tentative or final plat, will not result in existing structures becoming nonconforming as they relate to setbacks, lot area, lot width and depth, ground coverage and other applicable regulations of the City's Land Development Code these ,'fJRd fiev-eJepFReRt r:egl:JJ.etJeRs and/or City's Code of Ordinances, except as permitted by this ordinance. Compliance with this provision may occur by demolition or relocation of existing structures. In order to comply with the above listed regulation, portions of the existing improvements must be demolished. These portions include the swimming pool, an accessory structure at the northwestern part of the property, a portion of the one-story guest house, and the driveway leading up to the residence from SW 74th Street. The building sites created by the proposed waiver of plat will be free of encroachments from abutting building sites, in compliance with Subsection (B)(2)(c). The property owner has provided boundary surveys with the conceptual site plan for each of the proposed parcels. The building footprints, setbacks, yard requirements, and coverages are included. The homes proposed for parcels A and C are two-story and approximately 4,900 square feet. The plans for Parcel B call for an addition to the existing structure which will bring the size to almost 6,900 square feet. With one exception, existing homes in the immediate area are one-story; the homes range in size from 2,900 to 4,900 square feet. A new home under construction to the north is also two-story. When reviewed against Section 20-3.5(H) of the Land Development Code (LDC), the concept plans were found to be in compliance. Impacts of the new homes will be mitigated by the extensive vegetation and their orientation with respect 6795 SW 74 Street -Waiver of Plat Application February 7, 2017 Page 4 of8 to the neighboring properties. It is also important to note that when the homes are reviewed by the Environmental Review & Preservation Board, they will review the scale and size of the proposed homes and check for compliance with Subsection (B)(2)(e) as well. The tree survey has also been overlaid on the boundary survey; it includes tree measurements and has been signed and sealed by George Ibarra of Nova Surveyors, Inc. The individual surveys for the three parcels detail the trees that would be affected by the construction of the new structures. After the January 10th Planning Board meeting, Mr. Burdette revised the concept plans after further evaluating some of the trees. The driveway for Parcel B was reconfigured to preserve a tree and protect the triangle of visibility. The concept plan for Parcel C was redesigned to preserve two specimen trees in their current locations, although this change results in the removal of additional sabal palms and the relocation of two specimens, a cherry tree and a ficus tree. The driveway was also reconfigured, but the net effect on the trees is unchanged. The follOWing trees listed below are shown to be in conflict with the proposed plans: Parcel A Total Number of Trees in Conflict: 8 • 4 Sabal Palm Trees (Tree #183, #184, #186, #200) • 2 Ficus Trees (Tree #174, #192) • 1 Flamboyam Tree (Tree #207) • 1 Oak Tree (Tree #210) Parcel B Total Number of Trees in Conflict: 8 • 5 Sabal Palm Trees (Tree #146, #159, #161, #167, #169) • 3 Areca Palm Trees (Tree #157, #158, 160) Parcel C Total Number of Trees in Conflict: 23 • 15 Sabal Palm Trees (Tree #8, #43, #47, #51,#55,#127,#129,#130,#131,#132, #133,#240,#243,#248,#249) • 3 Areca Palm Trees (Tree #48, #49, #50) • 2 Ficus Trees (Tree #32, #247) • 1 Oak Tree (Tree #41) • 1 Cherry Tree (Tree #244) • 1 Umbrella Tree (Tree #128) Of the affected trees, three are considered specimen: Ficus tree #192 on Parcel A and the Cherry Tree and Ficus Tree #247 on Parcel C. Pursuant to Section 20-4.5(B) (46) ofthe LDC, Specimen Tree: A tree with a DBH of eighteen (18) inches or greater. Dade County Pines of DBH exceeding twelve (12) inches or Cabbage Palms with 6795 SW 74 Street -Waiver of Plat Application February 7,2017 Page 5 of 8 trunks greater than six (6) feet. The following types of trees that meet these criteria shall not be considered specimen trees: a. Non-native species of the genus Ficus. b. All multi-trunk trees in the palm family, except the Paurotis palm (Accelorrhaphe wrightii). c. All nuisance plant species. d. Prohibited plant species. e. Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangoes, avocados, or species of citrus. Accordingly, one of the recommended conditions for approval will be the relocation and retention of these trees for six (6) years, pursuant to Subsection (B)(3)(a): Additional conditions shall ensure the retention of specimen trees for six (6) years and permanently maintain fifty (50) percent of existing protected tree canopy, but in no event shall the condition be less restrictive than what is required by the City's and County's tree ordinance. A comparison between the graphic for each parcel and their respective Affected Tree Table revealed that at least 50% of the canopy on each of the parcels will be maintained. Furthermore, pursuant to Subsection (B)(4)(c), a moratorium has been placed on the removal of any tree on the property until after final waiver-of-plat approval has been issued. Pursuant to Subsection C(1) of Ordinance #11-16-2244, Sidewalks, curbs, gutters, drainage and paving shall be installed by the owner or developer of the abutting parcel in accordance with Chapter 28 of the County Code and other applicable city requirements, unless such can be and are waived or deferred by the city commission. Pursuant to Section 20-3.6(F)(1)(e) of the LDC, public road rights-of-way shall be dedicated and paved to the minimum widths set forth in the city's adopted Transportation Element or as follows, whichever is greater: • Fifty (50) feet for all other roads, unless required otherwise herein. Currently, the width of SW 68 th Avenue is approximately twenty-five (25) feet. Upon inspection of the conceptual site plans, the property owner is proposing a 25'-0" dedication for future right of way improvements along SW 68 th Avenue which encompasses all three (3) parcels. In order to properly convey the property, a legal description must be created and the land must be dedicated. By doing so, the subject property will be consistent with the recently platted 6795 5W 74 Street -Waiver of Plat Application February 7,2017 Page 6 of 8 property that is directly to the north, the Grandios Subdivision. It is important to note that at this time, there are no plans to widen SW 68 th Avenue, but the land would be available if needed. Additionally, the proposed surveys were reviewed by representatives of the Public Works Department as well. As indicated in the email dated January 5, 2017 from Grizel Martinez, the Public Works Department is in agreement with the condition that twenty-five (25) feet of SW 68 th Avenue be dedicated for future ROW improvements. Furthermore, Ms. Martinez' email also states that the current conditions of the site do not presently warrant the installation of sidewalks, curbing, paving or drainage improvements. STAFF RECOMMENDATION: Staff recommends that the City Commission approve the Waiver of Plat application. This approval should be subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: 1. Portions of the existing two-story family residence and improvements on Parcel B that will encroach into the abutting buildable sites must be demolished prior to the first building permit being issued for the construction of the two (2) new single family residences; 2. The building sites created by the proposed Waiver of Plat will be free of encroachments from abutting buildable sites; 3. No construction may exceed by more than four (4) percent the size of the building, or floor area, gross, as shown on the attached conceptual plan, unless the setbacks and yard requirements are in accord with the Code existing at the time of such construction and provided the site plan is reviewed by the Planning Board and approved by the City Commission by a four-fifths vote; 4. A tree removal permit must be issued for the removal or relocation of any tree on the property prior to submittal to the issuance of a demolition permit; 5. The construction of the two (2) new single family residences shall be subject to the applicable review and approval of the Environmental Review & Preservation Board; 6. The owner and owner's architect shall take the necessary steps to protect the trees on the property that are protected under the City's Tree Protection Ordinance and the owner shall retain any existing specimen trees for six years and permanently maintain 50 percent of the existing protected tree canopy as reflected on the attached tree survey; 7. Amendment of plans to show Dedication of twenty-five (25) feet along SW 68 Avenue for future ROW improvement and provide legal description for said property; 6795 SW 74 Street -Waiver of Plat Application February 7, 2017 Page 7 of 8 8. Submittal of an owner's affidavit that there are no documents that provide restrictions, reservations and/or covenants applicable to the parcel of land being considered other than those that were submitted with the owner's application for a waiver of plat, tentative or final plat and that the parcel is free of any declarations of restrictive covenants, unity of title, easements, or the like, which would prevent the separation of the site; 9. Submittal of an opinion of title issued by a member of the Florida Bar which concludes that, as of a date not more than 120 days before the date of this resolution, and from the root of title as defined by the Marketable Record Title to Real Properties Act, nothing in the chain of title prevents or serves as an exception to the division or change in the parcel's configuration as requested; and 10. The property owner shall execute and record in the public records of Miami-Dade County, a restrictive covenant, in a form approved by and subject to the review and approval of the City Manager and City Attorney, which contains all commitments made and conditions imposed as part of the approval of the approved waiver of plat. PLANNING BOARD ACTION: After the public hearing held on January 10, 2017, the Planning Board, by a vote of four to one, recommended approval of the application with staff's conditions and with the following additional condition: A professionally qualified on-site monitor is hired to protect the Dade County Pine trees during construction. Attachments: • Draft Resolution • Ordinance #11-16-2244 • Email from Grizel Martinez, dated January 5,2017 • Application Package • Waiver of Plat Analysis • Excerpt of Planning Board Meeting Minutes from May 10, 2016 • Draft Excerpt of Planning Board Meeting Minutes from January 10, 2017 1 2 3 4 5 Resolution No. ------------------- A Resolution relating to an application for waiver of plat for the subdivision of property located at 6795 SW 74 Street. 6 WHEREAS, William Burdette, owner of the parcel located at 6795 SW 74 Street, 7 submitted Application No. PB-16-010B requesting approval to subdivide the property via the 8 Waiver of Plat process; and 9 10 WHEREAS, the Waiver of Plat application requests a subdivision of said parcel into 11 three (3) buildable single-family lots in the Semi-Estate Residential (RS-2) zoning district; and 12 13 WHEREAS, one (1) of the three (3) buildable single-family lots will contain the existing 14 two (2) story single family residence and the remaining two (2) buildable single family lots will 15 each be developed with a new single family residence; and 16 1 7 WHEREAS, the Owner has submitted the attached conceptual site plan and a certified 18 tree survey (including canopy measurements) overlaid on the site plan that has been reviewed by 19 the Planning Board; and 20 21 WHEREAS, the lots created by the proposed plat are not in strict compliance in that the 22 lot size for one (1) of the three (3) proposed buildable sites is smaller than the median of the 23 surrounding area; however, they are all in compliance with the dimensional requirements for the 24 minimum lot size for the RS-2 zoning district; and 25 26 WHEREAS, the lot created by the proposed plat are not in strict compliance in that the 27 frontages of two (2) of the three (3) proposed buildable sites are narrower than the median of the 28 surrounding area; however, they are all in compliance with the dimensional requirements for the 29 minimum frontage for the RS-2 zoning district; and 30 31 WHEREAS, at the January 10, 2017 public hearing of the Planning Board, the Board 32 recommended approval with a vote of four to one for the Waiver of Plat application; and 33 34 35 WHEREAS, the City Commission desires to approve the Waiver of Plat. 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1: The recitals set forth in this resolution are true, they are supported by 40 competent substantial evidence and they are incorporated into this resolution by reference. 41 42 Section 2: The subject application No. PB-16-0 1 OB that was submitted by the applicant, 43 William Burdette, requesting approval of a proposed Waiver of Plat for the property legally 44 described in Section 3 below, pursuant to the Land Subdivision Regulations outlined in 45 Ordinance #11-16-2244 and the attached conceptual site plan are hereby approved. This approval 46 is subject to the following terms and conditions as well as all applicable City ordinances, codes, 47 rules and regulations: 48 49 50 52 53 54 55 56 57 58 59 60 6=- 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 1. Portions of the existing two-story family residence on Parcel B that will encroach into the abutting buildable sites must be demolished prior to the first building permit being issued for the construction of the two (2) new single family residences; 2. The building sites created by the proposed Waiver of Plat will be free of encroachments from abutting buildable sites; 3. No construction may exceed by more than four (4) percent the size of the building, or floor area, gross, as shown on the attached conceptual plan, unless the setbacks and yard requirements are in accord with the Code existing at the time of such construction and provided the site plan is reviewed by the Planning Board and approved by the City Commission by a four-fifths vote; 4. A tree removal permit must be issued for the removal or relocation of any tree on the property prior to the issuance of a demolition permit; 5. The construction of the two (2) new single family residences and the two (2) story addition on Parcel B shall be subject to the applicable review and approval of the Environmental Review & Preservation Board; 6. The owner and owner's architect shall take the necessary steps to protect the trees on the property that are protected under the City's Tree Protection Ordinance and the owner shall retain any existing specimen trees for six years and permanently maintain 50 percent of the existing protected tree canopy as reflected on the attached tree survey. Furthermore, that a professionally qualified on-site monitor is hired to protect the Dade County Pine Trees during construction; 7. Dedication of twenty-five (25) feet along SW 68 Avenue for future ROW improvement that is acceptable to the City's Public Works Department; the Commission waives the requirement for the installation of a new sidewalk; 8. Submittal of an owner's affidavit that there are no documents that provide restrictions, reservations and/or covenants applicable to the parcel of land being considered other than those that were submitted with the owner's application for a waiver of plat, tentative or final plat and that the parcel is free of any declarations of restrictive covenants, unity of title, easements, or the like, which would prevent the separation of the site; 9. Submittal of an opinion of title issued by a member of the Florida Bar which concludes that, as of a date not more than 120 days before the date of this resolution, and from the root of title as defined by the Marketable Record Title to Real Properties Act, nothing in the chain of title prevents or serves as an exception to the division or change in the parcel's configuration as requested; and 93 94 95 96 97 98 10. The property owner shall execute and record in the public records of Miami-Dade County, a restrictive covenant, in a form approved by and subject to the review and approval of the City Manager and City Attorney, which contains all commitments made and conditions imposed as part of the approval of the approved waiver of plat. 99 Section 3. Legal Description 100 THE SOUTH Yz OF THE NE 'l4 OF THE NE 'l4 OF THE NE 'l4, LESS THE EAST 440 101 FEET AND LESS THE SOUTH 25 FEET THEREOF, IN SECTION 35, TOWNSHIP 54 102 SOUTH, RANGE 40 EAST, MIAMI-DADE COUNTY, FLORIDA CONTAINING 103 ±73,132 SQ. FT. OR 1.68 ACRES. 104 105 Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for 106 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 107 not affect the validity of the remaining portions of this resolution. 108 109 Section 5. Effective Date. This resolution shall become effective immediately upon 110 adoption by vote of the City Commission. Ll 112 113 114 115 116 117 118 119 120 121 122 123 124 125 PASSED AND ADOPTED this ___ day of, _______ , 2017. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: I LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor: Welsh: Commissioner Edmond: Commissioner Harris: CITY ATTORNEY Commissioner Liebman: 1 A four-fifths vote is required because the proposed lots are not as large as or larger than surrounding area median. ORDL~A.~CE 1\0. 11-16-2244 An Ordinance amending Section 20-4.2 of the City of South Miami's Land Development Code to add criteria for the City's approval of the subdivision of land, including subdivision by a waiver of plat or through the process set forth in Chapter 28 of the Miami-Dade County Code. WHEREAS, Section 20-4.2 of the City's Land Development Code provides for the process of subdividing parcels of land in the City of South Miami; and WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of Chapter 28 of the Miami-Dade County Code of Ordinances; and WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must be approved by the City of South Miami before it can obtain final County plat approval; and WHEREAS, Section 20-4.2 does not provide any criteria for the approval of a plat that has been tentatively approved by the Miami-Dade County platting division; and WHEREAS, this proposed amendment to section 20-4.2 has been presented to the Planning Board at the April 12, 2016 Planning Board meeting and the board has recommended that the ordinance be adopted by a four (4) to two (2) vote with the condition that Commission should reconsider the no variance rule since it is extremely drastic and to reconsider the language subsection B(3)( c), as it should be dependent on the code anyway; and WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to enact criteria for the approval of a plat that has been tentatively approved by the Miami-Dade County platting division, and otherwise amend the ordinance to improve the platting and subdivision of land in South Miami, for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20-4.2, "Land subdivision regulations," is hereby amended to read as follows: 20-4.2 Land subdivision regulations. (A) Applicable Regulations. The subdivision of all land within the city shall be subject to Chapter 28 of the Miami-Dade County Code of Ordinances and administered by the Miami-Dade County Department of Public Works. However, waivers of plat, tentative plats, and final plats must also be approved by the City Commission and meet the requirements of this ordinance as set forth below. (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or structurally altered within the city shall be located on a platted lot, except that the <;::eity ~eommission may waive platted lot compliance in accordance with section 28-4 of the County Code and the procedures set forth below. ]\;0 lot(s), plot(s) or parcel(s) of land...>. or building site(s) (collectively referred to as "parcel of land" or "parcel" or "building site" for the purpose of this section) whether improved or unimproved, whether or not desigrl~ed by number, letter or other description in a plat of a subdivision, or u.lrrllatted, shall be further divided or sRlit, for any purpose, .whether immediate or future, including for tbe purpose of. transfer of oWIler~h.iQ....9..! development, unless fi[s1-J~erred to the Planning and Zoning Board ("Planning Board") for its recommendation, and thereafter reviewed_.~md approved by the City Commission. as provided in this section. Ord. No. 11-16-2244 (1) \Vaiver of Plat /'i 'Naiver of plat may be approved by the City Commission. Review and Notice. CaJ Review. A property owner shall submit an application for a waiver of nlat. tentative or final plat, on fonns provided by the Planning Director for this purpose, for referral to the Planning Board for their review and recommendation, and for review and approval by the City Commission in accordance with the requirements anclprocedures set forth in the Land Development Code. All applicants shall provide, as part of the application process. copies of all documents that provide restrictions, reservations and/or covenants applicable to the parcel of land being considered, and an opinion of title issued by a member of the Florida Bar which concludes that, as of a date not more than 120 days before the City Commission's decision on the application, and from the root of title as defined by the Marketable Record Title to Real Properties Act, nothing in the chain of title prevents or serves as an exception to the division or change in the parcel's configuration as requested. Prior to City Commission approval, the application fur any subdivision approval shall be revie'Ned by the Planning Board. The subject property shall be posted ten (10) days prior to the Planning Board review of the application, and mailed notice shall be pro'lided to all property owners \vithin a five hundred (500) foot radius of the subject property._ (b) Notice. At least ten (10) days prior to the City's Planning Board review of the application for waiver of plat, tentative or final plat. the subject property shall be posted by the Planning Department, with a notice of the date, time, place and purpose of the Planning Board meeting, on the subject property, fronting all roadways that abut the PLoperty, and published on the City's website as well as in a newspaper of general circulation within the City. In addition, 10 days prior to the meeting of the City Commission which is scheduled to consider either a waiver of plat, or tentative or final plat approval in accordance with Chapter 28, and/or this section, notice of the date, time !illd place of the City Commission meeting shall be posted and published (in the same manner as required above for a Planning Board review), and provided by U.S. Mail to <tlLproperty owners within five hundred (500) feet of the perimeter of the subject property. (2) City Commission Findings. Prior to approving a waiver of plat vmiver of plat, tentative or final plat, the .ceity .ceommission shall use the following guidelines: (a) (i) The building site created by the proposed waiver of plat waiver of plat, tentative or final plat, will should be equal to or larger than the majority median of the existing building sites and of the same character as i!Lthe s~urrounding area (this shall be demonstrated using copies of the official plat maps for the subject property and surrounding neighborhood), unless otherwise pennitted by this ordinance. Surrounding area is defined as all lots within the saIne zoning district and within five hundred (500) feet from the exterior boundaries of the subject property. (ii) The city commission may, in its discretion, approve a subdivision of land into lots that are included as part of a waiver of plat, tentative or final plat and that have lot frontage or lot area that is less than the Surrounding area median, provided it is approved by four votes of the Ci!Yj:;:ommission and provided that at least the minimum I~_quirements of the LandPeveJopment Code are satisfied. (iii) Lot area and street frontage calculations shall exclud~ abutting public rights-of- Page 2 of5 Ord. No. 11-16-2244 (b) The building site created by the proposed waiver of plat 'Naiver of plat, tentative or final plat, will not result in existing structures becoming nonconforming as they relate to setbacks, lot area, lot width and depth, ground coverage and other applicable regulations of the City's Land Development Code these land development regulations and/or City's Code of Ordinances, except as permitted by this ordinance. Compliance with this provision may occur by demolition or relocation of existing structures. (c) The building site created by the proposed waiver of plat waiver of plat, tentative or final plat, will be free of encroachments from abutting buildable building sites. (d) The building site created by the proposed waiver of plat, tentative or final plat, is free of any declarations of restrictive covenants, unity of title, easements, or the like, which would prevent the separation of the site. However, this provision may be satisfied if existing covenants, unity of title, easements, or similar instruments, which conflict with the proposed subdivision, are released or modified to accommodate the proposed building site. (e) The scale of any proposed new construction shall be compatible with the as-built character of the surrounding area, and shall not create adverse impacts on the surrounding area; but if so, the applicant shall provide satisfactory commitments as to how the adverse impacts will be mitigated. An example of an adverse impact includes visual impacts arising from a proposed two-story structure in an area built out with single story homes; mitigation could include adding a condition to the approval of the waiver of plat. tentative plat or final plat, for landscape buffers, or adjusting second story setbacks or building facades to reduce the visual impact. CD The building sitees), lot(s) or parcdes) of land that would be created are divided in such a manner that they are in compliance with the regulations of the City's Land Development Code. Lot area and street frontage calculations shall exclude abutting public rights-of-way, (glIh~l>uilding site or sites created by the proIlOsed waiver of plat, tentative or final plat cannot constitute an irregular parceU one that has more than four C 4) comers or that has any curved or jagged lot line), unless the City Commission by a four-fifths vote determines that the irr~larity arises from irregularity in the original parcel and cannot be corrected, or the Commission by such vote determines the irregularity is compatible with the parcels in the Surrounding area. (3) Additional Conditions. The e~ity e~ommission shall may-designate such additional conditions in connection with a waiver of plat waiver of plat, tentative or final pl~ as will, in its opinion; assure that such waiver of plat waiver of plat, tentative or final plat, will conform to the foregoing requirements in this section. (a) Additional conditions shall ensure the retention of specimen trees for six (6) years and permanently maintain fifty (50) percent of existing protected tree canopy, but in no event shall the condition be less restrictive than what is required by the City's and County's tree ordinance. ___ "--,Cb'-.')--=In their review~Ild recommen~Ll!tions, the Planning Department and PlannillgBoard may recommend, and the City Commission may prescribe, conditions or safeguards restricting the square footage, orientation and location of the new structures to be built on the resulting parcels. (c) The prope!!.l'.-owner shall execute and recQrd in the public records of Miami-Dade County, a restrictive covenant, in a form approved by and subject to the review and approval of the City Manager and City Attorney, which contains all commitments made and conditions imposed as part of the approval of the approved waiver of plat, tentative and/or final plat. (4) Additional Application Requirements. As part of the required tentative or final plat or waiver of plat ,','aiver of plat application, applicants shall be required to submit a proposed conceptual site plan for the resulting building parcels, an existing tree survey (may be included in property survey) which shall indicate any proposed tree removal or relocation necessary, and, if so, the appropriate city application for tree removal or relocation. drawn to scale, and indicating the followiI}gjnformation for the entire supject propeI"tyJgbe subdivided: Page 3 of5 Ord. No. 11-16-2244 (a) Building footprints, (b) Setbacks, yard requirements and easements. For purposes of this section, a conceptual site plan means a Qlan that is drawn at the schematic design phase, showing parcel lot lines, land uses, general building location, general driveway and parking arrangements, and major site features. Future construction may not exceed by more than four (4) per cent the size of the buildingL or floor area, gross, shown on the conceptual plan, unless approved by the City Commission by a four-fifths vote, and as long as the setbacks and yard requirements are in accord with the Code existing at the time of such future construction. The conceptual site plan shall be reviewed by the Planning Board and approved by resolution of the City Commission under the provisions for applications requiring a public hearing of section 20-5.5. (c) A certified tree survey overlaid directly upon the site plan, as required by Section 20- 4.5. The tree survey must include the canopy measurements. Once an application for a waiver of plat or tentative plat is filed~ a moratorium is placed on tree removal until after final waiver of plat or final plat approval is issued. (C) Improvements Required. (1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the owner or developer of the abutting parcel in accordance with Chapter 28 of the County Code and other applicable city requirements, unless such can be and are waived or deferred by the city commISSIOn. (2) No building shall be erected, improved, modified, altered or enlarged in any zoning use district, other than in an RS residential district, unless proper public improvements have been installed. (D) Creation of Authorized Building Sites. (1) No building permit for the construction of any structure within the city shall be issued until an authorized building site has been created which meets at least one (1) of the following criteria: (a) Is part of a recorded subdivision plat or has received final waiver-of-plat approval; (b) Is part of an officially approved planned unit development which: (i) Provides for all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting, and (ii) Includes the designation of building areas and easements, alleys and streets required and properly dedicated, and necessary public improvements; or (c) Fronts upon a dedicated public street and was separately owned prior to the effective date of this Code or annexation to the city; (2) Wherever there exists a single-family dwelling unit which was constructed on a building site containing two (2) or more platted lots, the nonconforming lot of record provisions in this Code shall apply. (3) Established building sites shall not be reduced in any manner to a size which is less than that required for the zoning district in which located. Section 2. Codification. The provisions of this ordinance shall become and be made part of the Land Development Code of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions ofthis ordinance. Page 4 of5 Ord. No. 11-16-2244 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this r d day of August, 2016. ATTEST: 1st Reading -03.15.16 2nd Reading -05.17.16 3rd Reading -06.07.16 4th Reading -07.19.16 5th Reading -08.02.16 Page 5 of5 APPROVED: J!!i!!r!kr/40 COMMISSION VOTE: 4-1 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Nay Lightfoot. Marcus From: Sent: To: Cc: Subject: Marcus, Martinez, Grizel Thursday, January 05,2017526 PM Lightfoot, Marcus Tompkins, Jane; Aurelio Carmenates RE Plat Application -6795 SW 74 Street The current conditions of the site do not presently warrant the items listed below. Thanks, Grizel Martinez, PE Engineering & Construction Division City of South Miami 4795 Sw 75 Avenue Miami, FI 33155 305-403-2063 From: Lightfoot, Marcus Sent: Thursday, January OS, 2017 5:19 PM To: Martinez, Grizel Cc: Tompkins, Jane; Aurelio Carmenates Subject: RE: Plat Application -6795 SW 74 Street Grizel, Thank you for responding, I appreCiate it. Are there any other conditions that should be imposed such as the Installation of sidewalks, curbing, paving or drainage improvements? Regards, Marcus W. Lightfoot Senior Planner/Zoning Admin City of South Miami Planning and Zoning Department 6130 Sunset Drive South. Miami. FL 33143 Telephone: 305.663.6331 Fax: 305.666.4591 Email: mlightfoot@southmiamifi.gov Please note: Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Martinez, Grizel Sent: Thursday, January OS, 2017 5:16 PM To: Lightfoot, Marcus Cc: Tompkins, Jane; Aurelio Carmenates Subject: RE: Plat Application -6795 SW 74 Street Hi Marcus, we at Public Works do not object to this condition. Thanks. Grizel Martinez Engineering & ConsHuction Division City of South Miami 4795 SW 75 Avenue Miami, F! 33155 305-403-2063 From: Lightfoot, Marcus Sent: Thursday, January 05,2017 1:39 PM To: Martinez, Grizel Cc: Tompkins, Jane Subject: Plat Application -6795 SW 74 Street Grizel, I am in the process of reviewing a plat application for 6795 SW 74 Street that is scheduled for the 01/10/17 Planning Board meeting and pursuant to Subsection (C) of Ordinance #11-16-2244, (1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the owner or developer of the abutting parcel in accordance with Chapter 28 of the County Code and other applicable city requirements, unless such can be and are waived or deferred by the city commission. (2) No building shaff be erected, improved, modified, altered or enlarged in any zoning use district, other Can you review the attached survey for the property and provide me with your comments regarding this proposed plat application? I am also attaching a copy of the plat for the Grandios Subdivision which is adjacent to this property, directly to the north. According to the plat, 25 feet of SW 68th Avenue was dedicated for ROW improvements. I was going to make it a condition for this plat as well. Do you have any issues with that condition? Regards, Marcus W. Lightfoot Senior Planner/Zoning Admin City of South Miami Planning and Zoning Depal1ment 6130 SUllset Drive Souh Miami. FL 33i43 Telephone: 305.663.6331 Fax: 305.666.4591 Email: mlightfoot@southmiamifi.gov Please note: Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 2 CHy of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax (305) 668 -7356 -An,tl\ded Application for Public Hearing before Planning Board & City Commission IAddress of Subject Property \"\ $)J{n\1 f-L.-33143 Lot(s) _ Block --Subdivision ls 1q~ '6\.0 lL-j1h 3\--. 'uQ~ PB - ~f\/leets & Bounds :fl\ riO 11' oct -Llo 3~ -\JOO -Of\:;-CI IAW:\C\;~ '~\1Y(kfk Phone: Lnq~ GaS Ljl~ Representative Organization ~Address Phone: Property Owner: Signature: : Wi \1 i (')).in 'fuy cl dtt IMailing Address Phone: i \!)1Q~ _~$j lYtvt bt, ~DJ::t\r\ kiOJlY\\ fi 3311-\ 3 30S Lng Ljlq~ Architect/Engineer: Phone: ~,AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT I .::LOwner _Owner's Representative _Contract to purchase _Option to purchase _Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRiATE ITEM: PLEASE CHECK ALL THAT APPLY Text Amendment to LDC Variance Y.. Letter of intent -- _ Zoning Map Amendment _Special Use _ Justifications for change _ PUD Approval _ Special Exception -Statement of hardship _ PUD Major Change .:i Other (Waiver of Plat) ~ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections -Contract to purchase A;YY\mQ cl. IJJU \ V ~ of \7\ ot-\\l f:,~\\\ 0\l(Jtl'J, \I\tciliO.-oJ; _ Curr~nt survey (1 original sealed and \Jllq~ ()u,J 11-\-11'1 (jr \\,\n "6 \u\.l.\\d<ili\~ \ufb signed/1 reduced copy @ 11" x 17") C'tt\ l--u.hd Dt vcl~ \'Y\~ 1'\1-W~ 1-0-1-\,2 :f 4 cop·les of Site Plan and Floor Plans 24 x 36". 2 reduced copy @ 11" x 17" Y... Affidavit-Receipts attesting to mail notices sent Section· --Subsection --Page #: __ Amended Date: "-Mailing labels (3 sets) and map .:i. Required Fee(s) LeJ~4~r~~J . I . The undersigned has read this com'pleted application and represents that the information and all submitted materials are true and correct to the best 0 the app lean!' s knowledge and bellef. _~_~~o.L..::C::.:=---__ '-bE \\iCl.Wl '\6\LIJd t*t 10 b-7 /;6 Print Name Dat~ Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rej ected and returned to the applicant. OFFICE USE ONLY: Date Filed, _____ _ Date of PB Hearing, ____ _ Date of Commission, _____ _ Petition Required __ _ Petition Accepted, _____ _ Method of Payment -Z:\Fonns\Gurren't-PJanning Department Fonns\PJanning Department FOnTIs\Planning Board\PB-VarianeeProcedures c RevjsedJc 15--- 14.doc . WRB January 5,2017 City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143 Re: Amended Letter of Intent for Waiver of Plat Application 6795 SW 74th Street, South Miami, FL 33143 (Amending original Application #PB 16-010) Dear City Commission and Planning Director: William R. Burdette This is to confirm an update to the letter of intent to sub-divide the above referenced property in order to create a total of 3 lots. The current lot has a total square footage of 73,132 square feet (1.68 acres) before adjusting for any new easement to the City as right of way on SW 68th Avenue. This lot is by far the largest in the neighborhood and we intend to divide it into three (3) lots, each of which will meet the requirement for the RS-2 designation. The size of the three new lots would be as follows: Parcel Total Land Area Net Land Area* Lot Frontage A 21,319 18,845 100.00' B 28,082 25,351 108.21' C 23,731 21,230 212.35' Total 73,132 SF 65,426 SF With respect to existing structures, all structures located on Parcel A shall be fully demolished, while only portions of the structures on Parcel B will remain as indicated on the Waiver of Plat showing conceptual drawing of the structures, none of which remaining structures will be non-conforming. Parcel C has no structures on it currently. The new building sites created will be free of encroachments from abutting buildable sites and will meet all of the criteria necessary for the creation of separate buildable lots. Each new lot is intended to have a single-family residence each of which homes will be compliant with all building and zoning codes of the City of South Miami. Sincerely, , .' fi1:fA.1.7 ----·---~.I.~ ~y. William . Burde;te ~. wrb@4socialchange.org * Net Land Area reflects land area net grant of new 25' foot easement to the City of Miami along Southwest 68 th Avenue. 6795 SW 74 1h Street, South Miami, FL 33143 Office: 305-856-4228 Cell: 305-479-4798 Fax: 305-856-3371 AFFIDAVIT The undersigned, WILLIAM R. BURDETTE, residing at 6795 SW 74th Street, South Miami, Florida 33143, does hereby swear before a Notary to all of the following statements: 1. I, together with my wife, Barbara Burdette, are the legal owners of our home at 6795 SW 74th Street, South Miami, FL 33143 (the "Property"). 2. We have title insurance for our acquisition of the Property which is evidence of the fact that there are no "restrictions, reservations and/or covenants" applicable to the Property that would prevent or serve as an exception to the division or change in the configuration of the Property as requested in my application for a lot split. Being duly sworn, the undersigned does hereby sign this Affidavit as of September 16,2016. Sworn to before me On this 16th day of September, 2016 ~ .... /.. eL. Notary ALWNOftA ESHfR f' Notary Public • State 01 Florida Commlsalon II GG 007977 , (/I My Comm. Expires Aug 5. 2020 " Bonded thrOugh Nationat Notary Assn cr:ry OF SOlUTH MIAMI PLN~NINGDEPARTMENT OP:n:NION OF TrrLE To: CITY OF SOUTH MIAMI, a political subdivision of the State of Florida. With the understanding that this original opinion of Title is furnished to CITY OF SOUTH MIAMI, IN MIAMI-DADE COUNTY, FLORIDA, in connection with an Application for Lot Split covering the real property hereinafter described, it is hereby certified that I have examined the Title Policy Number 1825353 issued by Attorney's Title Insurance Fund, Inc. on the following property (the "Title Policy"): The South 'l2 of the Northeast 'l4 of the Northeast 'l4 of the NOltheast 114, less the East 440 feet and less the South 25 feet thereof, in Section 35, Township 54 South, Range 40 East, Miami-Dade County, Florida. Basing my opinion on said title policy covering said period and being personally knowledgeable as to any subsequent liens, encumbrances or covenants filed against the Property, I am of the opinion that on the last mentioned date the fee simple title to the above described real property is vested in William and Barbara Burdette, Subject only to the liens, encumbrances and other exceptions set f011h in tbe copy of the attached Title Policy. GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. CITY OF SOUTH MIAMI OPINION OF TITLE SPECIAL EXCEPnONS No special exceptions exist. None of the exceptions listed above will restrict splitting of the Property as indicated in the Waiver of Plat filed with respect to splitting of the Property into three lots. There are no restrictions, reservations and/or covenants applicable to the Property that would prevent or serve as an exception to the division or change in the configuration of the Property as requested in my application for a lot split. L the undersigned, further certify that I am an attorney at law duly admitted to practice law in the State of Florida, and am a member in good standing of the Florida Bar. ''''fk'~p Respectfully submitted this Jl day of October. 2016. William R. Burdette Print Name lli352 Florida Bar Number Charity Services Centers, P.A. Firm Name Address 2103 Coral Way, Suite 200 Miami, FL 33135 305-856-1148 Phone Number SPECIAL EXCEPTIONS RECORDED MORTGAGES: CITY OF SOUTH I\/lIAMI OPINION OF TITLE 1. MOltgage of$650,000 from William R. and Barbara S. Burdette in favor of Washington Mutual Bank (n/k/a lP Morgan Chase Bank), dated May 20, 2003, MOltgage Document No. 21268-499. 2. Mortgage of $400,000 from William R. and Barbara S. Burdette in favor of Citibank, N.A., dated March 26, 2009, Mortgage Document No. 26803-4166. OI1LA1VDO~ FLOR.1DA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERADE CO NT AlNED IN SCHEDULE BAND THE CONDITIONS AJ'-~D STIPU- LATIONS, ATTOID-.TEYS' TITLE INSURANCE FUND, INC., a Flodda corpor3.tion, h.erein called Tl1e Fund, insures, as of Date of Policy shown in Schedule A, agai.nst loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested othel- than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketabi1ity of the title; 4. Lack of a right of access to and from the land. The Fund win also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and StipuJa- tions. In Witness V'/hereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown lin Schedule A, the policy to become valid when countersigned by an authorized signatory. By ~~ 7 ChaJri<e§ J. Kovrueshl JPlJre§ident FUND FORM OPM (rev. 3/98) Policy No.: OPM·Jl82S353 FUND OWNER'S FORM Effective Date: JllIne 27, 2q]JO~ at 1:::1;3 p.m. Amount of Insurance: $ 530,0«10.00 1. Name of Insured: Wnlliam R. Bl.lllrdeitte al!1ld Barbara S. BmdleUe Agent's File Reference: 00-76 Bnnleftte 2. The estate or interest in the land described herein and which is covered by this polic)' is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book lL9172 , Page 375 , of the Public Records of Mj:Jiwj-Dadie County, Florida. 3. The land referred to in this policy is described as follows: The South lL/2 olf the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4, less the East 440 feet and less the South 25 feet thereof, in Section 35, Township 54 South, Range 40 East, Miami-Dade County, Flori.da. ISSUING AGENT Robert Lederman ATTORNEY OR FIRM OF ATTORNEYS lL570 Madm~a Avenue, Suite 3U MAlLlNG ADDRESS J-orm OPM-SCH.A (Rev. 12/92) 6660 AGENT NO. AGENT'S SIGNATURE ___ ...::C",o""r",a",-l...::G",-,a:::.:b~l=es""!_F",-=lo,-,,r.=..:id:::.:a:...-_, Florida __ ""3""'3"--14.:..:6"--__ _ CITY ZIP Policy No.: OPM-1825353 FUND OWNER'S FORM SCHEDUlE B This policy does not insure against loss or damage by reason of the following exceptions: 00-76 Burdette 1. Taxes for the year of the effective date of this policy and taxes or special as~essments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including SUbmerged, filled and artificially exposed lands, and lands accreted to such lands. A. Taxes for the year 2000 and years subsequent, which are not yet due and payable. EXCEPTION FOR SIMULTANEOUS ISSUE MORTGAGE Mortgage, executed by William R. Burdette, a married person, and Barbara S. Burdette, a married person, husband and wife, in favor of Cendant Mortgage Corporation, dated June 26, 2000, and recorded on June 27, 2000 under Clerk's File Number OOR-309450, and in Official Records Book 19172, at Page 376, of the Public Records of Miami·Dade County, FlOrida, securing the original principal sum of $395,000.00, encumbering the properly described in Item 3 of Schedule A. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and The Fund will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or 1'e1ating to (i) the occupancy, use, or enjoyment of the land; (il) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is orwas a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmen tal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the pubiic records at Date of Policy. (b) Any governmental police power not excludecl by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. . 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Polic), which would be binding on the rights of a purchasel' for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resul ring in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the t.ransaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or ajudgruent or lien creditor. CONDmONS AND STIPUlATIONS 1. DefInition of Terms The following terms when used in this policy mean: (a) tlinsured": the insured named in Schedule A, and, subject to any rights or defenses The Fund would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "kno,~'1l": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, or any right, title, interest, estate of easemen t in abutting streets, roads. avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketabilityof the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title The coverage of this policy shall con tinue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty • nade bfthe insured in any transfer or conveyance of the estate or ~ _ ~ ... _"'~ .. ~:.~ ..... .".1; .... ~ • ..,h ... l1 ............................ ...!"' .... ""'~ ........ +,.... ....... ~~ .... + ..... " ................. (:' ............. ,-r., ......... 1-. ..... .o .... from the insured of either (i) all estate or interest in tl1e land, or (ii) all indebtedness secured by a purchase money mortgage given t.o the insured. 3. Notice of Claim To Be Given by Insured Claimant The insured shall notify The Fund promptly in writing (i) in ca~e of any litigation as set. forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which The Fund may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is reject.ed as unmarketable. If prompt notice shall not be given to The Fund, then as to the insured all liability of The Fund shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify The Fund shall in no case prejudice the rights of any insured under this policy unless The Fund shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant To Cooperate (a) Upon written req uest by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, TIle Fund, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any d1ird party asserts a claim adverse to the title or interest as insured, butonll'as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Fund shall have dIe right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable forand will not pay the fees of any other counsel. The Fund will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Fund shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Fund may take any appropriate action under the terms of this policy, whether Ol' not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If TI1C Fund shall exercise its rights under this paragraph, it shall do so diligently . (c) Whenever The Fund shall have brought an action or interposed ... .4.0& ........ "..,. .... C' r""' .... ~'~ .... .ArI ", ..... r..'O,.....-y'>~t-.. .6...1 h.'H t-h.b T'Io .... .r"\ulC';,...,.y·u .. r..f' .. hi", ...... u .... liF"'TT 'f'l-,.a, Fund may pursue any litigation to fmal determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and aU appeals therein, and pertllit The Fund to use, at its option, the name of the insured for this purpose. Whenever requested by The Fund, the insured, at The Fund's expense, shall give The Fund all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of The Fund may be necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required cooperation, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matlers requiring such cooperation. 5, Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided The Fund, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to The Fund witllin 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof ofloss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constiUltes the basis ofloss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof ofloss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any autho- rized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of The Fund, the insured claimant shall grant its permission, in writing, for any autho- Tized representative of The Fund to examine, inspect and copy aU records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of The Fund under this policy as to that claim. 6. Options To Payor Otherwise Settle ClaimS; Termination of Liability In case of a claim under this policy, The Fund shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured c1aiman t, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obliga- tions to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by d1e insured claimant which were authorized by The Fund up to the time of payment and which The Fund is oblif.,tated to pay; or (ii) to payor otherwise settle \'11th the insured claimant the loss or damage provided for under tllis policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay. Upon the cxercise by The Fund of either of the options provided forin paragraphs (b)(i) or (li), The Flmd's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obliga· tion to defcnd, prosecut€ or continue any litigation. 7. Detennination, Extent of liability and Coinsurance This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claiman t who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of The Fund under this policy shall not exceed the least of: (i) the Amount ofInsurance stated in Schedule A:, or, (ii) the difference between the value of the insured estate or interestas insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraph dealing with Coinsurancewasrenwved fromF7orida policies.) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipu- lations 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if-the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of PoliCY, unless a liability or value has otherwise been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of liability (a) If The Fund establishes the title, or removes the alleged defect, lien or en cumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the title as insured. (c) The Fund shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or sllit without the prior written consent of The Fund. 10. Reduction of InsUJ:3Jlce; Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Fund may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or de- stroyed, in which case proof ofloss or destruction shall be furnished to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and StipulatioJ1S, w. .. '" 4V.::J,) Vi \'U:1.lll£!'!=)'-.::I.li'~J.J lAo }Jo.yaun .... H'lllJ.1JL ... JV Ua.y~ lUC"tCd...lLC1. 13. Subrogation UpOIl Payment or Settlement (a) TIle Fund's Right of Subrogation. "Vhenever The Fund shall have settled and paid a claim under [his policy, all right of subrogation shaH vest in The Fund unaffected by any act of the insured claimant The Fund shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or properly in respect to the claim had this policy not been issued. Ifrequested by The Fund, the insured claimant shall transfer to TIle Fund all dghts and remedies against any person or property necessary in order to perfect this dght of subrogation. The insured claimant shall permit The Fund to sue, compromise or settle in the llame of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these dghts or remedies. If a paymen t on account of a claim does not fully cover the loss of the insured claimant, The Fund shali be subrogated to these rights and rem.edies in tbe proportion which The Fund's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that an. shall not void this policy, but The Fund, in thal event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to The Fund by reason of the impairment by the insured claimant of The Fund's light of subrogation. (b) The FlUId's Rights Against Non-insured Obligors. The Fund's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of tbe insured to indemnities, guaranties, other policies ofinsllrance or bonds, notwith- standing any tenns or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14 Arbitration Unless prohibited fry applicable law, arbitration pursuant to the Title Insur- ance Arbitration Rules of the American Armtration Association may be demandeci if agreed to ay both 1he Fund ami the insured. Artritrable matters may inchuie, but are not limited to, any cimtroversy or claim between The Fund and the insured arising out of orrelating to this policy, and service ofl116 Fund in connection with its issuance (]V' the breach of a policy provisWn or oilier obligatron. Arbitration pursuant to this policy and under the Rules in effect on the date tile demand for arbitration is made or, at the option of the insured, the Rules in effect at Dare of Policy shall be binding upon the parties. The award may include attorneys 'foes orrlyifthe laws of the state in whidt the land is located pennit a COllrt to award atrorneys' fees to a prevailing parry. Judgment upon the award rendered by the Arbitrator( s) may be entered in any court havingj2l:risdiction thereof The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from 111e Fund upon request. 15. Liability Limited to this Policy; Policy Entire Contract (a) This policy together 'with all endorsements, if any, att.1.ched hereto by The Fund is the entire policy and contract between the insured and The Fund. In interpreting any provision of this policy, this polky shall be construed as a whole. . (b) Any claim of loss or damage, whether or not based on negli- gence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to [his policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, or Agent of The Fund. 16. Severability In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and aJl other provisions shall remain in full force and effect. 17. Notices, Where Sent All notices required to be given The Fund and any statement in writing required to be furnished The Fund shall include the nUTIlber of this policy and shall be addressed to The Fund at its principal office at Post Office Box 628600, Orlando, F10rida 32862-8600. I I I ~ Florida Real E;DeCiSions, Inc. February 26, 2016 city of South Miami Planning and Zoning Division 6130 Sunset Drive South Miami, Florida 33143 Re: Property Owners List Within 500 feet of: 35 54 40 Sl/2 OF NE1/4 OF NE1/4 OF NE1/4 LESS E440FT & LESS S25FT 6795 SltJ 74 ST 16375 N.E. 18'" Avenue Suite 300 Miami, FL 33162 (305) 757-6884 1500 West Cypress Creek Rd. Suite 409 Ft. Lauderdale, FL 33309 (954) 761-9003 12230 Forest Hill Blvd. Suite 110-SS Wellington, FL 33414 (561) 798-4423 WWW.FREDIFL.COM This is to certify that the attached ovlnership list, map and mailing labels* are a complete and accurate representation of the real estate property and property owners within 500 feet of the subj ect property 1 is ted above. This reflects the mos t current records on file in the Miami-Dade County Tax Assessor's office. Sincerely, Maureen E. Hudson MEH/ms cc: Mr. William R. Burdette 6795 SlrJ 74 s t Miami, Florida 33143-4536 Number of Labels: 64 *Duplicates removed. i , , 6) 'I' I -~ , ~" , l -H -(X) }-- 1 i i r- od) _ !0.89-'\J.: . ",\~, - 02SO """~f.) 0200 ~.JJt'-' - 0190 {QJ1f<.l '~ 0'80 (t>~)t'., - I-- c " J-- c . N011CJE OF PUBLIC HJEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 666-4591 On Tuesday, January 10, 2017 at 7:00 P.M., the City of South Miami's Planning Board will conduct public hearings in the City Commission Chambers at the above address on the following items: 1. PB-16-01OB Applicant: William Burdette A Resolution relating to an application for waiver of plat for the subdivision of property located at 6795 SW 74 Street. I I I .-I l I __ ---'----~--J '-----..L.,-----L------ 1 \ \ ~l -= j I = 1400 \ \ i \ L---+--,\ \ I \ , SW72ND ST '"'" SW 74TH ST ~---r-----r-----'-'--- "Ol "" ( I , \ I ! w i ~ i I l- \ r-- CD ?; , (/) I i i I I "'" l 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 Planning and Zoning Department by calling 305-663-6326 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 CF.S. 286.0105). Refer to hearing number when making any inquiry. WRB December 30, 2016 City of South Miami Planning Department 6130 Sunset Drive South Miami, FL 33143 Re: Lot Split Application 6795 SW 74th Street South Miami, FL 33143 MAILING NOTICE AFFIDAVIT William R. Burdette This affidavit is to attest that I, William R. Burdette, have given notice of the proposed application to all the property owners within the noted five hundred (500) foot radius of the subject property by regular US mail, with the exception of the abutting or contiguous property owners who were made aware via Certified Mail. Accompanying this affidavit is a copy of the notification letter together with copies of the Certified Mail receipts. Sincerely, ~--.----- William R. Burdette wrb@4socialchange.org 72.~ J) ,,~~~y.IW~~1:-Robert Carbajal ~ ~'&'~~ Commission # FF990697 =.... :.-:: E' M 9 ~~~ .. &,$ xplres: ay ,2020 "";0't,~:~'.$' Bonded thru Aaron Notary Notary 6795 SW 74th Street, South Miami, FL 33143 Qffice: 305-856-4228 Cell: 305-479-4798 Fax: 305-856-3371 WRB December 2, 2016 Re: Notification to property owners Waiver of Plat for property at 6795 SW 74th Street, South Miami, FL 33143 To whom it may concern: William R. Burdette Please be advised that I have submitted a letter of intent for a lot split of the property located at 6795 SW 74th Street, South Miami, FL 33143 to create three (3) lots where there is now one. The property is located in the RS-2 zoning district and the proposed three (3) lots will meet the size and frontage requirements for the RS-2 zoning code. Portions of the existing structures will remain on one lot (Parcel B in the Center) and two new single family homes could be constructed on the other two lots (Parcels A and C, North and South of the Center lot). Special focus will be made to preserve the existing tree canopy in full compliance with the City's codes which require that no specimen trees will be affected (neither moved nor removed) for at least six (6) years. Sincerely, William R. Burdette wrb@4socialchange.org 6795 SW 74th Street, South Miami, FL 33143 Office 305-856-4228 Cell. 305-479-4798 Fax: 305-856-3371 28SE I I NEIGHBORS I SUNDAY JANUARY 29 2017 MIAMIHERAlD.COM FROM PAGE 24SE CALENDAR showcase different uses of tech- nology lncluding JessIE:' LainO, Sri PrabhCl. Jonathan Rockfo~d and Oliver Sanchez Jan 29·Feb 510 a In $14 per pelson; $12 for Broward County reSidents, se- ntors and children over ilge 1. arid $11 for milltal y members and their Immediate families Young at Art Museum 751 SW '~1 Ave. DaVie WJlt'l'> of th~ f:l1~tdyne RelY Gieck-In to:> pm unci we will LAUNCH ,It 5 30 P fll Paddle under the moor, {l;;(1 stdl S by kayak, (!'I'loe or paddle bo{)rd 'SillY Ie or tandem k<lyak, stilndup paddle boar(j~ Ticket'> Are Now Available For Purchase Online www.byoietariveroutdoorcoill $6 per vehicle LmW 2-8 people per veilicle 54 Single-occupant vehicle or Illotorcyde $2 Pedestrlilns bICycll.':>ts. extra p'l,>,>el)gt;'r~, pd,>,>el1yer '> '11 vetlK 110' With holder of Annuallndlvlciual f:nlr,Hlce Pa,>~ Student ID ReqUired for Col- leye SIUlh:flt Di;,loUIIL • Event (lilIes lFeo 11. 1/i2, Feb. 11 3/1".4/9 5/1'06(1 Jan 29 Feb 55 pm $.30-S100 BG Oleta Riwr 011\- door Center 3400 NE 163ro SI North Mldllli 8each Glass Houses: Diego Rua ·Glass Hou::.e::. lllf:!YO RUii Jil[,Ui:lry 21 - M3rch 17. 20~7 Diego Rua IS a p,JI'llel Pd!>slOtlate about till:! u!>t' of color However. In hIS Iii test ~ellb of work, Gla~s Hou.,es, RUd limits hiS palette to Just two colors. taklllY the Vlewel to a de:.aturated world anel grisaille In J c.o[itemporary direction All exhibitions are free and o:Jen te. the JJubhL Plea'>e lontOict tile campus for 9al1ery hours of operation. Jdil. ~9~Feb 512 pm -5 pm. Free M,aml Daele Colleye -H0f11e,>lead Art Space 500 College Terrace. Homesteacl Hi-Tech/lo-Tech, An explora- tion of the ever-changing rela- tionship between art and tech- nology Created by YAA, Ihl~ extllbltlon explores how tech- nology and art have beCC}lHP InterLVllned more thim eve~ before owr the past fev" dee- acle:., cHid feJtllle~ <:11""\ ar!ay at Intera( tlve tE'chnologlcal artwork produced jy contemporary South ~Ionda ilrtlsts who \vlll Hollywood Healing Haiti FrE:'e live mUSIC I laffles I fooell kld~ actiVities . Hollywood Heallny Haiti CanCNt to Benefit ProjE'ct Papll- Ion Orphanage, School ond Con~ lTlunlty Youth Center III Port au Prince Jan )9 1 pill -5 p.m Free ArtsPClrk at Young Circle One Young Circle Hollywo'Jd Inbox (Zero) At 228 hoUi saver 39 days thiS performance -the longest of Bmn FeldlTlZln s cnrE:'et -finds the artist attempting to get hiS E'ffiilll mbox to O-from (36.40Q) while messed as a wi7nrd Jan 29-Feb 5 Free-$lO Art anc] C.:ILirc Cent('f of Holly- wood 1650 H"Hrlson Sf Holly- wooel JV Basketball Classic Swomh Attention Business Owners Mom and Pop Small Business Grant Program I b· For Miami-Dade County District 9 Grant Money Available! Up to $5,000 Per Business Applications available February 1, 2017 through February 15, 2017 PICK UP APPLICATIONS AT: Commissioner Dennis C. Moss's District Office Attention: Dallas Manuel District North Office 10710 SW 211 Street Suite 206 Miami. ~L 33189 Phone. 305-234-4938 Or District South Office 1634 NW 6 Avenue Florida City, FL 33034 Phone 305-245-4420 Online February 1, 2017 at www.miamidade.gov/district09 There will be a mandatory workshop explaining the requirements held on, February 16, 2017 at 6:00 pm at: South Dade Regional Library Auditorium 10750 SW 211'" St. Miami, FL 33189 Please be on time! Compleled applicalions will be acceplerJ from Feb.17 -Feb. 23 by 4:00 pm. Hand deliver application to District North Office. 10710 SW 211 SI.. Suite 206 No late applications will be accepted! For additional information contact: Gloria Rice 305-756-0605 Neighbors And Neighbors Association (NANA) Submit 1 original completed application with requested documents We suggest you keep a copy for your records! Boys from around South Flonda come togeth~r to shoot some hoops m the Junior OrangE' Bowl CbSSIC I The Basketball claSSIC, now In ItS 28th year, Includes VMSlty Jurllor VfHlSty, and Middle School Tourntlillents Jan 29-Feb 39 a m -6 p m Mli1nll Spflngs ReCi eatlon Center 1401 Westward DI MIOlml Sprmgs Miami Culinary Tours South Beach Walktng Food & Culture raUl" Jan 29-f-eb. ':, 12 p.nl -2 3U P 1Ti .. 5 p.m -730 p In 49-59 Suuth Bedcll Olean Dr {llllJ E Igllth Sf.. MI;;Jml Miami Culinary Tours Wynwood rood & Art Walking Tour Ja~ 29-Feb. 512-]0 pm -3 p nl 430 p.m.-7 p.nl 59-09 Wynwood 2250 2nd Ave. Northwest. MlillTll Mystic Wisdom: Cristian Lazzari Photographs Nepal MystiC WIsdom. (milan LallcHI Pho- tographs Nepal Janu<lry 11 -ApflI30 Opening ReceptIon January 11,lloon Photographer Crlshan Lazzan spent an autum!l 111 Nepill phc'- tographmg the peoplE:' ami their beautiful COUlllfY Ill!: fo!loWII19 sprmg a eJ:s'J:.trou) earthquake destroyed mlKh of what wlil be seen In this exhibition MDC I Hialeah Campus 1780 W 49th Street Hlaleahomla 33012 )052378700 *Please contact campus for gallery hours find more Informa- tion Jan 29·reb 512 p.m.·S p.m Free and Open to the PublIC Miami Dacle College HI<lleah CtlmpU5 GClllery 17RO W 49th 5t , Hialeah. Opening Reception, "Chevere" at Sirona Fine Art Chev!:les Intention IS to break stereotypes Wt2 will feature over ~O worb. by 40 national and interniltlonal artists. dl~lJlaYlny rigUt attve, narrative environmental emo- tion;)!. street. poetic and tustory cleplctlflg worh ·'CIH~vere IS SUetl i> prolect. Identified only a~ work "'Insplrerl by the RomancE' Lan- gUi>yb of latltl An It: fiC,," ClJfilted by Did: Menendez herself a CUU;)r) expatllal!:: Ill!:: prulect, curaled by Menendez and collab- ofator SerUlo Gornel, manltt:sh as an I~sue of Menendez·s Poeb/ Artist., maQazlllt'. dnd.'l" dn exhibition at Sirona Fine Art In Honda Some 01 the artists art' from Liltll1 A:"llerlCa others not Therefore some of the artists draw on memory and experience of Hl€lr own countnes and Pf'O- pips. and others on the II encoun- ters With cultures foretgn to tllelr own, and others stili on Imag- Ination and Images cobbled together from film and (1ft ,lnd literature The project becomes i1 great act of communion and empJttw. a celebration of beH"1g together· ae Excerptf'd flam Artist (11)(; Novelist Daniel MalcJ- man·s piece on hufflngton- post.com VISit www.hufhn9tor'- post com/dilnlel-maldmanl chevereJU2624732 html VISit https:/Iwwwtlrtsynet/show/ slrona-flrle-art-chevere to view all works for sale Jan 29~Feb. 3 7 p.m.-9 p.nl Sirona Fine Art 600 Silks Run H?lI<lndale Beach Party Boat jail 29-Jdll 31 11 am -9 pm $50 and Upl MIami Party BOdi'> 801 Hrtckell Bay Dr, MIi1Jni Pop Art at Frameworks Pop AI t featuring Mr Bramwash, Bannksy Hoflng, Indtilna. LichtenSH~1n Fr;:;nken:hJler, DII1f~. We55C'!mann and more! J,ln 29-J.1n 31 Flom€'- Works 3196 Commodore Plazi! SEE CALENDAR, 32SE CITY OF SOCTH MIAMI COURTESY NOTICE :"\OTICE IS HEREBY riven lhill lhl: Clly CpllUm ... ,ion or the Cil~ pf SOIl!h \li<lllli. FJpJitl;1 will c(lnduct Puhllc lk;ilJllg!<.;) <It It, J"C'puLu CJl~ CfJllul1l'i ... ioll Jncclm!-! \(hcLlnkd IUT Tlll'''t\ay. Fchlll,lfY 7. 2[117, hC~Ill!lillg ;)1 7"110 p.Ill., III Ihe ("II)" ('OllllllbSlO]l Ch;lrnhcls, hl,O Sun..,d 1)[1\"12, 10 ,:tJllsidcr Ihe [()JI{l\\ mg liCml"') An Oldinancc rdilled hI the Ic\.' ,dll'tlulc. mHl'!H.ling Ordin,rn~c 12-1(1-2:..1.51(1 n:ullCC" o.,Iill pholO and lthning fcc .... fllr Spl'..:ial E\'t.'nl\ frnm llll' ,dICdllle. '\ Rn(lJulion rcl.llmg It) a Sp('C]'JI l'se <lPl'lH'dlJ(lTl 10 p,'lnlH ,I (J\.'1lL']";;l1 RC\lalllilnt lbe at 5{.I~x S Dixit: }]i,:!hwa~ !\ Rl"llluli(lj) rc1alillg (11 ilD appliLalioll ftll \\ili\Tl of pial rur lil;.: 'iuhdl\·lqO!l {Jj' pl(lpCr1~ !!h."alrd al )'»)7 SW ~(l Sneel r" RC"iJltnion rl'lalill~ Itl all appiJcalioll tm Wi.li\"Cf tJrpJal for 111;;-'iuhdi\ I"ion (lj ~) ~r{\jll'llY IO(alCd (11 (7 1)5 ~W 7) Stfl'\ . .'L ALL illlCfc .... 1l'd parlil" <ill' 1Il\ ilcd 1(1 attend and wilJ he he,lord j;(lr fllJ"!hn in/"orm;tLi(lli. ph'a'!? l"(llllaCllhc ('il~ ('1>.'1\.:.·'" ()f!ll·l' al· ~()"-6()~-6').:1.il Ivl",;a :\'1. :Vknenliu. C:Vll· Cit) Ckr~ I'Ul\ll;llll lu r]{'fldrl St,!!\lh', .::':-1) Ol(]'; 111\· ('11:-l::"'h~ ,ld; 1\,', tIl: pub!:. 1:1<1111 "P,'I~('I! J:,,)(l,~!p "]1;'\',,1 ;,n:, i.kll~It'1l m",k h~ lill' }";,',oJ ;)] C"lll111!LLh'll \~lIh ;,. ,dl\ llHl1c'l . ('ll,!(\,'r. d .11 )1' !!I(",'J!ll~' "r ,dk,k,~ p~'lL()n :11,1.1 Ill',:d tn,' !l"'I)ml'-;~ ,I lid .'\ hklh"< MIAMI DAILY BUSINESS REViEW Published Daily except Saturday, Sunday and Legal Holidays k~jami, Miami-Dade County, Florida STATE OF FLORIDA COUI~TY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says thai he or she is the LEGAL CLERK. Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -FEB, 7, 2017 In the XXXX Court, was published in said newspaper in the issues of 01/27/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in 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 cla~s mail matter at the posl office In Miami In said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of adveliisement. and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund fo~e-pur ecuring this advertisement for publicatiolJ-111the s newspaper. Sworn to 27 day (SEAL) MARIA MESA personally known to me enn ©1?'$@\iJJlllXl tMlB&WlIfi \i'.[j@'llOel§ @I? ~\UJ~l1"Qe 1Hl~&!RlBfNl@ NOTICE is HEREBY given that the City Commission of the City of South Miami, Florida will conduct, Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, February 7,2017, beginning at 7:00 p,m" in the City Commission Chambers, 6130 SUnset Drive, to consider the following item(s): An Ordinance related to the fee schedule; amending Ordinance 12-16-2245 to reduce still photo and filming fees for Special Events from the schedule, A Resolution relating to a Special Use application to permit a General Restaurant use at 5958 S, Dixie Highway, ' A Resolution relating to an application for waiver of plat for the subdivision of property located at 5957 SW 80 Street. ( A Resolution relating to an application for waiver of plat for the SUbdivision) of property located at 6795 SW 74 Street. ALL interested parties are invited to attend and will be heard, For 'further information, please contact the City Clerk's Office at: 305-663-634D, lv1aria M, Menendez, CMC City Clerk Pursuant to Florida Statutes 286,0105, the City hereby advises the public that if a person decides to appeal any deci~ion 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 proceedings, and that for such purpose, affected person 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, 1/27 17-86/0000192049M PIB-16-010B: Waiver of Piat Analysis 6195 SW 74 Street Address Zoning District Lot Size (S.F.) 6790 SW 74 Street RS-2 49,222.8 6770 SW 74 Street RS-2 42,253.2 6750 SW 74 Street RS-2 39,639.6 6730 SW 74 Street RS-2 20,229.0 6700 SW 74 Street RS-2 15,458.0 7420 SW 67 Avenue RS-2 15,000.0 7440 SW 67 Avenue RS-2 23,800.0 6755 SW 74 Street RS-2 36,154.8 7380 SW 67 Court RS-2 14,260.0 7340 SW 67 Court RS-2 17,545.0 7300 SW 67 Court RS-2 15,210.0 7341 SW 67 Court RS-2 17,545.0 7381 SW 67 Court RS-2 15,376.0 7251 SW 68 Avenue RS-2 15,000.0 6790 SW 72 Street RS-2 15,202.4 6800 SW 72 Street RS-2 18,720.0 7250 SW 68 Avenue RS-2 18,720.0 7300 SW 68 Avenue RS-2 18,720.0 7340 SW 68 Avenue RS-2 21,733.0 7400 SW 68 Avenue RS-2 21,733.0 7420 SW 68 Avenue RS-2 21,733.0 6801 SW 75 Terrace RS-2 26,950.0 6800 SW 75 Terrace RS-2 21,980.0 6830 SW 75 Terrace RS-2 21,980.0 7461 SW 68 Court RS-2 21,893.0 7441 SW 68 Court RS-2 21,814.0 7421 SW 68 Court RS-2 21,733.0 7401 SW 68 Court RS-2 21,733.0 7341 SW 68 Court RS-2 21,733.0 7301 SW 68 Court RS-2 18,720.0 7221 SW 68 Court RS-2 18,720.0 6868 SW 72 Street RS-2 19,454.0 6880 SW 72 Street RS-2 20,410.0 7222 SW 68 Court RS-2 20,410.0 7250 SW 68 Court RS-2 61,855.0 7300 SW 68 Court RS-2 50,529.0 7400 SW 68 Court RS-2 43,560.0 6851 SW 75 Street RS-2 15,150.0 6850 SW 75 Street RS-2 15,600.0 6811 SW 72 Street RS-2 16,509.0 6821 SW 72 Street RS-2 18,731.0 7401 SW 67 Avenue RS-2 16,161.0 7411 SW 67 Avenue RS-2 16,170.0 Median Lot Size (S.F.): 20,229.0 Median Frontage (Ft.): 130.000 Frontage (Ft.) 149.000 128.000 128.000 100.000 137.500 100.000 100.000 110.000 115.000 80.400 66.000 N/A 124.000 140.190 107.030 130.000 130.000 130.000 144.000 144.000 144.000 110.000 140.000 157.000 122.310 121.000 144.000 150.930 150.930 130.000 130.000 135.000 156.410 130.000 188.000 150.000 130.000 101.000 120.000 81.000 97.500 111.300 111.300 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 he or she is the VICE PRESIDENT,' Legal Notices of the Miami Daily Business Review Ilk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -PLANNING AND ZONING DEPARTMENT -JAN. 10, 2017 in the XXXX Court, was published in said newspaper in the issues of 12/30/2016 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade Counly, 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, for a period of one year nex1 preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any any discount, rebate, commission of securing this advertisement for CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, May 10, 2016 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires thot all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members oj any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose oj requesting a grant who seek to influence 'without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.gov). I. Call to Order Action: Mr. Greiner called the meeting to order at 7:10 P.M. II. Roll Call Board Members Present Constituting a Quorum: Mr. Greiner (Chairman), Ms. Fischer (Vice- Chairwoman), Dr. Philips, Ms. Glavey, Mr. Basu, Ms. Kahn, and Mr. Melow. Board Members Absent: None. City Staff Present: Ms. Shari Kamali (Deputy City Manager), Mrs. Jane Tompkins (Planning Director), Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator), and Gary M. Held (Land Use Attorney). City Staff Absent: None City Attorney: Mr. Thomas Pepe III. Administrative Matters Ms. Kamali introduced the Board to Jane Tompkins, the new planning director for the city. Mrs. Tompkins then gave a brief presentation on her qualifications. 1 Ms. Kamali informed the Board that the applicant for PB-16-005 has requested to pull their item and to have it appear before the Planning Board at a future meeting so that they could meet with the City Manager to discuss their item. Because of that, PB-16-005 was not reviewed by the Board. IV. Public Hearings 1. PB-16-010 Applicant: William Burdette A resolution relating to an application for waiver of plat for the subdivision of property located at 6795 SW 74 Street. Applicant: Gustavo Gutierrez & Edgar Camo (Representatives) Ms. Glavey read the item into the record. Mr. Lightfoot presented the PB-16-010 to the Board. Mr. Greiner asked if the Board would be voting the application up or down, or would the Board be approving the application with staff's recommendations. Mr. Basu stated that Staffs recommendation should either be for approval or denial. The City Attorney agreed with the Board's statements. Mr. Greiner then stated that the Board will be voting on the specifics of the application as it is with four (4) lots, not the condition package. Mr. Basu disclosed that Louis Feldman spoke to him regarding this project, of which Mr. Basu stated that he informed Mr. Feldman that he couldn't' speak to him. He would need to speak to staff regarding the item. Mr. Gutierrez addressed the Board regarding the project. He stated that his client has created a separate site plan that accounts for the dedication. He also requested that the Board review the application against the RS-2 zoning requirements only. The applicant also requested that the Board recommends approval for three (3) lots with the condition that the fourth (4th) lot be taken into consideration once the issues with the dedication have been worked out. Ms. Glavey asked what the status of the Lot Splitting Ordinance. Mr. Pepe gave an update as to when the ordinance will be going to the City Commission for review. Mr. Pepe then added that the Ordinance creating Section 20-5.17 will not be further reviewed. The language for that ordinance will be combined with the current Lot Splitting Ordinance. Mr. Held added that because of applicable case law, the City can review applications against legislation that is currently under review by the City Commission. The Board then discussed the proposed Lot Splitting Ordinance with both Mr. Held and the City Attorney. Ms. Glavey asked when the 50 foot ROW was determined. Mr. Lightfoot stated that it is currently part of the LDC, of which Mr. Basu stated as well. Mr. Basu then clarified that the Public Works Director cannot waive requirements of the LDC. Mr. Lightfoot stated that the City may not widen the road, but is requiring it so that the land has been allocated for the future. 2 Mr. Greiner stated that he is uncomfortable with the Board amending the application in order to approve the request that Mr. Gutierrez stated. Mr. Pepe affirmed that the Board has to review the request as it was submitted. Mr. Camo, stated when the project was designed, he set the houses back so that they the land could be dedicated it. However, the dedication still counted towards the square footages of the lots. Without it, the lots would not be able to comply with the RS-2 zoning district. Dr. Philips stated that the project does not conform to the median of the neighborhood. Because of that, it should be denied. The Chairperson opened the floor to public comments on PB-16-010 . .. Alicia Morales-Fernandez -Oppose • Elizabeth Bolander -Oppose • Louis Feldman -Oppose • Manuel Fernandez -Oppose The Chairperson closed the floor to public comments on PB-16-010. Ms. Fischer asked what the addresses were of the homes that were approved without noticing the public. Mr. Lightfoot explained that the lot split at 6790 SW 72 Street was achieved via the tentative/final plat process, which only required the city commission to approve the application after it had been reviewed by Miami-Dade County. He then stated that this was one of the reasons why the Lot Splitting Ordinance was being revised. Mr. Pepe clarified the process for approving a tentative/final plat under the old regulations. Mr. Greiner stated that he doesn't recall ever approving a project that has lot sizes that are 25% less than the surrounding area and frontages that are 30% less than the surrounding area on average. Ms. Fischer stated that the legal size of the lot does not include the ROW. Ms. Glavey stated that the land hasn't been dedicated yet. Mr. Held defined what gross lot area was and informed the Board that the City uses net lot area when calculating the square footage of a lot. Mr. Held then stated that the applicant is requesting that the Board consider three (3) lots. Mr. Basu stated that if the applicant wants the Board to consider three (3) lots, then they should submit documentation that reflects that request. Mr. Held asked if they could revise their application and resubmit to the Planning Board for review. Mr. Basu stated that they could withdraw their application and submit with the revised application. Mr. Gutierrez requested that since the Board is going to hold his client to the four (4) lots that they review the application as is, without the dedication. Mr. Pepe read Section 20-3.6(F) of the LDC into the record. Mr. Greiner stated that a widening of the roads would be ill advised. Mr. Basu asked if the City Commission did not require the dedication, would the project meet the median of the neighborhood. Mr. Lightfoot stated no. They wouldn't meet the median of the neighborhood. Motion: Mr. Basu moved to deny PB-16-010. The motion was seconded by Ms. Fischer. 3 Vote: Yes 7, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes Mr. Melow: Yes V. Public Comments/New Business The Chairperson opened the floor to public comments and any new business. Public Comments Section No comments from the public. New Business Section The Chairperson closed the floor to public comments and any new business. VI. Approval of the Minutes 1. Planning Board Minutes of April 12, 2016: Motion: Mr. Greiner moved to defer the meeting minutes as amended. Ms. Glavey seconded the motion. Vote: Yes 7, No 0 (None) Mr. Basu: Yes Ms. Glavey: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Dr. Philips: Yes Mr. Melow: Yes VII. Future Meeting Date: A) June 14,2016 at 7:00 P.M. VIII. Adjournment Mr. Greiner adjourned the meeting at 9:28 P.M. 4 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, January 10, 2017 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members oj any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.gov). I. Call to Order Action: Mr. Greiner called the meeting to order at 7:08 P.M. II. Roll Call Board Members Present Constituting a Quorum: Mr. Greiner (Chairman), Ms. Fischer (Vice- Chairwoman), Dr. Philips, Ms. Kahn, Ms. Glavey. Board Members Absent: Mr. Basu & Mr. Melow City Staff Present: Ms. Jane Tompkins (Planning Director) and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None City Attorney: Mr. Thomas Pepe III. Board Elections Because not all of the members were present, the Board held a discussion as to whether the elections should be held or deferred until all of the members are present. Motion: Ms. Fischer moved to defer Board Elections for one (1) meeting in order to give all of the Board members an opportunity to show up and vote. The motion was seconded by Ms. Kahn. 1 Vote: Yes 5, No 0 (None) Ms. Glavey: Yes Dr. Philips: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes IV. Administrative Matters None at this Time V. Public Hearings 1. PB-16-010B Applicant: William Burdette A Resolution relating to an application for waiver of plat for the subdivision of property located at 6795 SW 74 Street. Applicant: William Burdette Ms. Glavey read the item into the record. Mr. Lightfoot presented the PB-16-030 to the Board. Mr. Burdette presented the project to the Board. Dr. Philips asked why the proposed driveways do not curve in order to protect the trees. The applicant stated that the site plan provided is a conceptual plan. The driveways may change in order to accommodate the trees that are shown to be affected. Mr. Burdette also stated only a third ofthe trees will actually be removed. His intent was to keep as many trees as possible. Mr. Greiner added that a tree removal permit will be required as a condition for approval. Staff added that as part of the tree removal permit, there will be conditions for mitigation placed on the removal of the trees. Ms. Fischer asked why the proposed site plan was not configured in such a way that it would be in compliance with the median lot size and frontage for the surrounding areas. Mr. Burdette stated that because of the desire to keep the existing house, it was proposed that the parcel be separated into three (3) lots. Ms. Fischer asked if the existing house was historically deSignated, of which the applicant stated no. Ms. Glavey asked what the median was, of which Staff explained. She then stated that even though the proposed lots do not meet the median for the surrounding area, it meets the minimum requirements for the RS-2 zoning district. Ms. Fischer asked staff as well as the applicant if the site could be reconfigured in order to meet the median of the surrounding areas. The applicant responded that in order to meet the median of the surrounding area, the parcel would need to be divided into only two (2) larger lots of which staff agreed. 2 Mr. Greiner stated that the larger the lots become by reducing it to two parcels, the larger the houses would become, making them more out of scale with the neighborhood. Mr. Greiner also commented on the fact that the geometry of the site doesn't allow the parcels the ability to get the full frontage, but the lots have lot sizes that are comparable to the median which is a fair compromise. Ms. Fischer stated that the city should stick to the median of the surrounding area or as close as possible when reviewing proposed subdivisions. The Chairperson opened the floor to public comments on PB-16-010B. • Louis Feldman -Oppose • Deborah DeMarco -Oppose • Helene Valentine -Oppose • Andrew Grandio -Support The applicant addressed the comments made by the individuals who spoke during public remarks on the item. He talked about how the construction of the homes can be done without damaging the trees on the property and how construction can be done from the rear of parcel C. The Chairperson closed the floor to public comments on PB-16-010B. Dr. Philips questioned the location of the pine trees on the property, how construction will affect these trees. Deborah DeMarco stated that on paper, the plans for the houses work, but in practice it won't. This is mainly due to the accuracy of the documents that were provided. Ms. Fischer stated that she is concerned about the pine trees as well and is a strong advocate of their protection. Ms. DeMarco stated that In order for the pine trees to be protected, a full-time employee would need to be hired to watch over them during construction. Ms. Fischer stated that she does not have a problem with the lots being larger than the median. She has an issue with them being smaller than the median. She then added that she would prefer to see this application as a 2 parcel lot split opposed to a 3 parcel lot split. The applicant stated that in order to subdivide the lot into 2 parcels and keep the existing home, parcel A would have to be removed. All of the complaints that have arisen about the trees on parcel C will still exist. The only difference will be that the project will meet the median for the surrounding area. Motion: Dr. Philips moved to amend PB-16-010B in order to add the following condition: 1. A professionally qualified on-site monitor is hired to protect the Dade County Pine trees during construction. The motion was seconded by Ms. Kahn. Vote: Yes 5, No 0 (None) Ms. Glavey: Yes Dr. Philips: Yes 3 Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Yes Motion: Dr. Philips moved to approve PB-16-01OB as a whole. The motion was seconded by Ms. Glavey. Vote: Yes 4, No 1 (Fischer) Ms. Glavey: Yes Dr. Philips: Yes Mr. Greiner: Yes Ms. Fischer: No Ms. Kahn: Yes VI. Public Comments/New Business The Chairperson opened the floor to public comments and any new business. Public Comments Section No comments from the public. New Business Section Ms. Fischer asked if there were any upcoming workshops for the LDC/Comprehensive Plan Rewrite. Mrs. Tompkins stated that she is currently working on scheduling future workshops for the Board. Once she has more information, she will relay that information to them. Ms. Fischer provided the Board with her observations on the LDC/Comprehensive Plan rewrite workshop. Ms. Kahn provided the Board with her observations on the LDC/Comprehensive Plan rewrite workshop. The Chairperson closed the floor to public comments and any new business. VII. Approval of the Minutes 1. Planning Board Minutes of December 13, 2016: Motion: Dr. Philips moved to approve the meeting minutes with conditions. Ms. Kahn seconded the motion. Vote: Yes 3, No 0 (None) Ms. Glavey: Abstain Dr. Philips: Yes Mr. Greiner: Yes Ms. Fischer: Yes Ms. Kahn: Abstain 4 VIII. Future Meeting Date: A) February 14, 2017 at 7:00 P.M. IX. Adjournment Mr. Greiner adjourned the meeting at 8:25 P.M. 5 BoOk171/Page17 CFN#20150672169 GRARD:lOII BURD:lV':lB:lOR A SUBDIVISION OF A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OFTHE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 54 SOUTH, RANGE 40 EAST, . L YlNG IN THE CITY OF SOUTH MIAMI, MIAMI·DADE COUNTY, FLORIDA KNOW ALL BY THESE PRESEI'.'!..T.§.; THAT A~OREW GRANOIO AND CYNTHIA TAVERNA, HUSBAND fiND WIFE, HAVE CAUSED TO ae: MADE mE ATTACHED PLAT ENTITLED GRANOlaS SUBDIVISION, THE SAME BEING A SUBDIVlSION OF THE FOLLOWING DESCRIBED PROPERTY; THE WEST 132 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/ .... OF THE NORTHEAST 1/4- OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 54 SOUTH, RANGE 40 EAST, lYING AND BEING IN MIAMI-DADE COUNTY, FlORIDA; LESS THE FOLLOWING DESCRIBED PARCELS; THE NORTH 5000 FEET OF n-IE' WEST 132 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 5<1 SOUTH, RANGE 40 EAST, DADE COUNTY, FLORIDA; AND THE SOUTH 24.43 FEET OF THE NORTH 74.43 FEET OF THE WEST 25.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 Of THE NORTHEAST 1/4 OF SAiD SECTION 35; AND ALL THAT PART OF THE NORTHEAST 1/4 OF SAlD SECTION 35 WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A 25,00 FOOT RADIUS ARC CONCAVE TO THE SOUTHEAST. TANGENT TO A UNE THAT IS 50.00 FEET SOUTH OF AND PARAlLEL TO THE NORTH LINE OF THE NORTHEAST 1/4 O~ SAID SECTION 35, AND TANGENT TO THE EAST LINE OF THE WEST 25.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHr.AST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35. em OF SOUTH MIAMI PLAT RESTRIC'noNs: THAT SW 72ND STREET (SUNSET DRIVE) AND SW 58th A\lt:NUE AS SHOWN ON THE ATTACHED PLAT, TOGEn·IER WITH ALL EXISTING AND FUTURE PLANTlNG, ffiEES. SHRUBBERY, AND FlRE HYDRANTS THEREON ARE HEREBY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC FOR PROPER. PURPOSES. RESERVlNG TO mE DEDICATORS. THEIR SUCCESSORS OR ASSIGNS THE REVERSION OR REVERSIONS THEREOF, WHENEVER DISCONTINUED BY LAW, THAT THE OFFICIAL ZONING REGULATlONS OF SOUTH MIAMI NOW IN EFFECT OR AS TI,E SAME MAYBE FROM TlME TO· TlME CHANGED OR AMENDED APPLICABLE TO THE AREA WITHIN THE SUBDIVlSION IS lOCATED SHALL BE OBSERVED MIAMI. DADE COUNTY PLAT AESTAIGTlONS; T11AT ALL NEW ELECTRIC AND COMMUNICATION LINES, EXCEPT TRANSMISSION LINES. WITHIN THIS SUBDIVlSION. SHALL BE INSTALLED UNDERGROUND THAT TlIE USE OF SEPTIC TANKS WlLlr~~TpERMITTE:r) ON ANY LOT WITHIN mls SUBOI'v1SION, Uf"HESS ~ppP.OVE.tJ FOR TEHPOAAR'f U~e: IH ACCORoAIlCE WI,.\l CDUUTY AN~ !irATE Rf&UI.ATlONS. THAT INDIVIDUAL WELLS SHALL NOT BE PERMITTED WITHIN THIS SUBDIVlSION EXCEPT FOR SWIMMING POOLS. SPRINKLER SYSTEMS. AND/OR AIR CONDITIONERS OWNER'S PLAT RESTRICTION THE UnUTY EASEMENTS AS SHOWN BY DASHED liNes ON T1-I[ AnACHED rLAr ARE HEREBY RESERVED r-OR THE INSTALLATION AND MAINTENANCE OF PUBliC UTILITIES NOTICE· THIS PLAT. AS RECORDED IN ITS GRAPHIC FORM. IS TIlE orFICIAl DEPICTION OF THE SUF.lDIVIDEO LANDS OESCRIBCD HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY 01 HER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT I ~~~o~g~ ~~C~~I~E~o~~lIS PLAT THAT MAY BE FOUND IN THE PUBLIC Page1of2 IN WlTNESS WHEREOF: PREPARED BY, @) [ifl.m@@[f!]f!1J~ lAND SURVEYORS &. MAPPI!RS 8700 W. Flagler Stroot. Suite 420 Miami, Florida 33174 Phone! 305·266·1188 December 2013 BY, __ ~ ____ _ PRINT NAt.AE: /)NQRFW GRANOla BY __ ~ ______ _ PRINT NAME: CXtill:ll8. ... I6Y'EBliA WrrNESSES/:YlL 1. __ -..£?'~_ ... _ ... ________ .. ACKNOWLEDGMENT· STATE OF FLORIDA SS COUNTY OF MIAMI-DADE I HEREBY CERnFY: THAT ON THIS DAY PERSONALLY APPEARED BEFORE ME, AN OrFiCER OUL Y AUTHORIZED TO ADM!NISTER OATHS AND TAKE ACKNOWLEDGMENTS. ANDREW GRANOIO ~iee: C;~~6~AC~;~~t~$!~E:iZ~.6.i>:_=O~~~SDONALL 'I' KNOWN TO ME OR WHO ...l.!!i:..J:£~..=J(X)~lL~_~.:-D.. ___ . RESPECTIVELY, AS IDENliFICATION AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE TliEIR FREE ACT AND DEED FOR THE PURPOSES THEREIN EXPRESSED AND '>'MO 010 NOT TAKE AN OATH. ~,":'.~O ~~O OFF~~~l_~E~~ '";~,~:"._ DAY OF :!dt~~,,-r--r;e;;-C=--:=-lW NOTArW PUBLIC. STATE OF FLORIDA AT LARGE r-'==~ COMMISSION NUMBER, _£flL2Ppl _____ _ APRil ~7:. . ! MY COMM!SSION EXPIRES: __ .O_'if.;II..w.L~ A PROFESSIONAL SURV[YOR AND MAPPER UNI"JFR CONmAeT TO lHE. CITY OF SOUTH MIAMI. liAS R[\IlEWEO THiS PLAT. ALL OTHER FEATURES. AS SHOWN ON TIllS PLAT APPEARS TO CONFORM TO ALL Cl~IE.F< 177.0f.l1(1), PART I, FLORIDA STATUTES. CERnFiED n-IIS _/.3. ..... _ .. DAY OF _._.1:14/ _________ .... ___ . 110 201 ~ __ , 8Y --~~-R~f~;to~ A/~ PLANNING DIRECTOR CITY OF SOUn-1 MIAMI • ~~=R-N:-:F-~~~ ~TRE~ T--.t5.U J NS E! DR!VE) --~ I THE NE 1/4 OF I I I SECnON 35, nl I TOWNSHIP 54 SOUTH. G"lANDIOS , RANGE 40 EAST Su;BDIVISION ' i 1:( C;~·~C;4 ~F --I_ I I $£CnON 35, I 0 I TO'NNSHIP 54 SOUTH, I" txC) RANGE 40 EAST 0 UJ CX.... a:: ~i i oJ/<O i~ 41 I 0 I§ ~~------~~-~~-f~~~--STR."~---1: ~i ,,"'" i i~ ~I 0'<--i i~i I i~ , , , I -SW CORNER OF I SE CORNER OF ~I THE NE 1/4-OF THE NE 1/4 OF SECTlON 35. SECTION 35, !/-TO'NNSHIP 54 scum I TOWNSHIP 54 SOUTII, I lRflNGE 40 EAST ' ~ RANGE 40 EAST j ------SW-;---OOth STREE-r-------- LOCATION MAP THE. NE 1/4 OF Srr.TION .35. TOWNSHIP 54 SOUTH. RANGE 40 EAST. SCALE 1"' "" 0300· THE DEPARTMENT OF REGULATORY ANO ECONOMIC RESOURCES CERTIFIES THA r THIS PI AT APPEARS TO CONFORM TO ALL REQUIREM[NTS or-CHAPTEI~ 2B OF THE MIAMI-DADE COUNTY CODE. CERnFY /il!!i.~'I7~f _.!?t;!:.CJ<:3..~~_____ AD. 2012. BY ~If,J~ ...... _____________ ""ECTOR FILED FOR RFCORD THIS ~.~_ DAY or ___ OcJt,6.e~._ .. ___ . A.D. ?OLS:_. AT _iff_· _5.3.. __ f',M. IN BOOK __ 1.7.1-__ OF PUliS, Al PAGE •• l7~ .... OF THF PUBLIC RECORDS or. MlltMI-DADE COUNTY. FLORIDA. THIS PLAl COMPLIES Willi THF LAWS or rllI_ SlAT)" Of FLORIDA AND MIAMI-DADE COUNTY, rLORIDA. HARVEY RUVIN. CLERK OF CIRClJrr COIJAT 111111111111111111111111111111111111111111111 I HEREBY CrATIr'!'· THAT THE ATIACHED PLAT ENTITLED GMNDIO$ SlJ[JDMSION. IS /I TRUE AND CORRECT REPRFS[NTATION OF TIIF lANDS AS REC(NTl.Y SURV[YEO flNI) PI ATIFO U~IOER MY DIP.F.:CTION: TllAl TflE SURVEY DATA AS SHOWN ON THIS ['lilT COMPLIES WITH THE flrpUCASI E REQUIRCMENTS OF CHflrTER 177, rART I. r·LORIDA SlATUIES, ANn THflT Pf:RMANr:NT Rff~J<t.NI.f MONUMtNTS HAVE flF.EN SET HAOONNE CORP. A I'LORI!)A COAPOAAnON .J-FLOR~O Cmfll K:6.1.E OF AUTHORI7ATION 1.87097 '~H~~OC------------ PRorfSSIONfll SURVEYOR AND MAPPER lS6D06 STATE OF rto.{llDA QRARDJ:OIIIIVDDI:VI:IIJ:OM SHEET 2 OF2 A SUBDIVISION OF A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OFTHE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING IN THE CITY OF SOUTH MIAMI, MIAMI-DADE COUNTY, FLORIDA P.B.J1.L PG.t§ SURVEYOR'S NOT~S BEARINGS SHOWN HEREON ARE BASED ON AN ASSUME!) v"WE OF S02'!)'S6"E, ALONG THE CENTERLINE or SW 68th AVENUE ® P R M. = Ot:NOTES P[RMANEN r REFERENce MONUMENT • P C.P '"' DENOTES PERMANENT CONTROL POINT '-DENOTES CURVE RADIUS '" DENOTES CURvE ARC lENcm -DENOT[S CURVE CENTRAL ANGLE TAN '-DENOTES TANGENT DiSTANCE 5EC ~ DE-NOlES 5ECTION It '" DENOTES CENTb:RUN[ (R) -DENOTES HECORf) VALUE l3ook,171/Page17 Extra Page 1 CFN#:.?0150672169 Page 2 or 2 " '\ \ I 1 1 1 1 1 1 1 15' 1 > ~ 1 :~ 1 ~~ 1 \O~ 1/ ( __ oj 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I ---I 1 1 1 I 1 1 1 1 ~I ~ I I PREPARED BY' ~ !Y! /~\ rr:v;=" r"On r~.n R ~u.J\.U~~ LAND SURV.EYOA$ & MAPPERS 8700 W. Flagler Struet • Suite 420 Doral, Florida 33174 Phone: 305-266-1188 December 2013 LOT 2 15,000 SQUARE FEET :t: NOT SU8DIVIDED PORTION OF THE NE 1/4 OF THE NE 1/4 OF OF THE NE 1/4 OF SEC. 35-54-40 ~ ~ .. ~ " ~ ~ 0' 10' 20' 40' GRAPHIC SCALE SCALE: 18 ", 20' NOTICE. THIS PLAT. AS RECORDED IN ITS GRAPHIC FORM. IS THE OFFICIAL DEPICTION OF n~E SU8DIVII'JED LANDS DESCRIBED I-IEREIN AND WILL IN NO CIRCUMSTANCES 8E SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PI AT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT M~E NOT RECORDED ON n'lIs PIAl THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY ---------- 20J.~06_,2l.hlo' E££Q.~~~N1:. FILED FOR RECORD THIS 2IL'!. (JAY OF .D_~f..1:2.lttg. A.D .. 201~ AT -.itt,...: _.£.a _..£.M. IN 8001< _...LZL_ OF PLATS. AT PACE _.LJ2_. OF n~c PUBLIC RECORDS Of MIAMI-DADE COUNTY. Fl.OI~IOA. THIS PLAT COMPLIES WITH TIiE LAWS OF THE STAn:. m' FLORIDA AND MIAMI-DADE COUNTY. FLORIDA. J.' ) i I . I ! f ! .·8 161,,-:_--I· . I 1 . -I I~e-I. 0 . I ~. GRAPF i ( ll' L inoh